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KINGDOM OF CAMBODIA Nation – Religion – Kingrk MINISTRY OF PUBLIC WORKS AND TRANSPORT & MINISTRY OF RURAL DEVELOPMENT FINAL REPORT Consulting Services for Capacity Development and Human Resource Development for Road Asset Management and Environmental and Resettlement Monitoring Provincial and Rural Infrastructure Project (PRIP) PHRD Grant No. TF056974 Submitted by: The Louis Berger Group, Inc, Phnom Penh, Cambodia March 2010

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KK II NN GG DD OO MM OO FF CC AA MM BB OO DD II AA

Nation – Religion – Kingrk

MINISTRY OF PUBLIC WORKS AND TRANSPORT &

MINISTRY OF RURAL DEVELOPMENT

FINAL REPORT

Consulting Services for Capacity Development and Human Resource Development

for Road Asset Management and Environmental and Resettlement Monitoring

Provincial and Rural Infrastructure Project (PRIP) PHRD Grant No. TF056974

Submitted by:

The Louis Berger Group, Inc,

Phnom Penh, Cambodia March 2010

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Abbreviations

ADB Asian Development Bank

AusAID Australian Agency for International development

AWPs Annual Work Plans

BOQ Bill of Quantities

CAR Council for Administrative Reform

CAS Country Assistance Strategy

CRPF Compensation and Resettlement Framework

CSO Civil Society Organization

DCA Development Credit Agreement

DCD Department of Community Development

DESS Department of Environmental & Social Safeguards

DHR Department of Human Resources

DoA Department of Administration

DoP Department of Planning

DPWT Department of Public Works & Transport

DREC Department of Rural Economic & Community Development

DRHO Department of Rural Health Care

DRR Department of Rural Roads

DRWS Department of Rural Water Supply

EMP Environmental Management Plan

ESSF Environmental and Social Safeguard Framework

FA Financing Agreement

FIDIC Federation International de Contractors

FM Financial Management

FMM Financial Management Manual

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GDAP General Directorate of Administration & Planning

GDPW General Directorate of Public Works

GFIS Government Financial Information Systems

GGF Good Governance Framework

HEC Heavy Equipment Centre

HRD Human Resource Development

IA Implementing Agency

IB Implementing Body

ICCAR Information Collection, Collation, Archiving and Reporting

ICRRM Inter-Ministerial Committee for Road Repairs & Maintenance

IDA International Development Association

IEC Information, Education & Communication

IPA International Procurement Agent

IPDF Indigenous Peoples’ Development Framework

JICA Japan International Cooperation Agency

JBIC Japan Bank for International Cooperation

LRCS Location Referencing & Condition Survey

M&E Monitoring & Evaluation

MBPI Merit Based Performance Incentive

ME&F Ministry of Economy & Finance

MEF Ministry of Environment & Forests

MLMUC Ministry of Land Management, Urbanization and Construction

MPWT Ministry of Public Works & Transportation

MRD Ministry of Rural Development

ODA Overseas Development Agency

OD Organizational Development

PDPWT Provincial Department of Public Works & Transport

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PAP Project Affected Persons

PIP Project Implementation Plan

PIU Project Implementation Unit

PM Procurement Manual

PRIP Provincial & Rural Infrastructure Project

RAMP Road Asset Management Project

RAP Resettlement Action Plan

RDCMU Road Data Collection & Management Unit

RFP Request for Proposal

RGC Royal Government of Cambodia

RID Road Infrastructure Department

RMDS Road Management Decision Support System

RMP Resettlement Management Plan

RoW Right of Way

SEU Social and Environmental Unit

SIA Social Impact Assessment

SOP Standard Operating Procedures

TRC Technical Research Centre

ToR Terms of Reference

WB The World Bank

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CONTENTS

CONTENTS 5

EXECUTIVE SUMMARY 8

SUMMARY OF KEY RECOMMENDATIONS 11

CONTEXT 14

Section 1 Review of the Actions Taken in MPWT and MRD prior to this Assignment 14

Sub-section 1 Organizational Actions – MPWT 14 Sub-Section 2 Organizational Actions – MRD 16 Sub-Section 3 Technical Actions regarding Road Asset Management – MPWT 17 Sub-Section 5 Training and Capacity Building Actions – MPWT 18 Sub-Section 6 Training and Capacity Building Actions - MRD 19

Section 2 Discussion on the TOR for this Assignment 20 Sub-Section 1: Review of the TOR with respect to the actual situation in MPWT and MRD 20 Sub-Section 2: Foreseeable and unforeseeable constraints and conditions with respect to the TOR 21

Section 3 Consulting Strategy 23 Sub-Section 1: Overview of consulting interventions 23 Sub-Section 2: Consulting Strategy for Organizational interventions and Training and Capacity Building 24 Sub-Section 3: Consulting Strategy for Technical interventions 30

ORGANIZATIONAL INTERVENTIONS 33

Section 1 Organizational Interventions-MPWT 33 Sub-section 1 Recommendations 33 Sub-Section 2 Implementation Guidelines 44

Section 2 Organizational Interventions-MRD 53 Sub-Section 2 Implementation Guidelines 58

TECHNICAL INTERVENTIONS-ROAD ASSETS MANAGEMENT 61

Section 1 Technical Issues in Road Asset Maintenance 61 Sub-Section 1 Recommendations 61 Sub-Section 2 Implementation Guidelines 67

Section 2 Technical Environmental Guidelines 68 Sub-Section 1 Recommendations on compliance with Environmental and Social Safeguards 67 Sub-Section 2 Implementation Guidelines 69

Section 3 Monitoring and Evaluation System 70 Sub-Section 1 Recommendations on M&E system for Road Assets Management 71

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Sub-Section 2 Recommendations on M&E system for Environmental and Social Safeguards Compliance 73

HRD FRAMEWORK AND POLICY 83

Section 1 HRD Framework and Policy - MPWT 83 Sub-Section 1 Recommendations 83 Sub-Section 2 Implementation Guidelines 84

Section 2 HRD Framework and Policy - MRD 86 Sub-Section 1 Recommendations 86 Sub-Section 2 Implementation Guidelines 87

TRAINING AND CAPACITY BUILDING 89

Section 1 Training and Capacity Building- MPWT and MRD 89 Sub-Section 1 Recommendations on Training Policy and Training Infrastructure 89 Sub-Section 2 Implementation Guidelines 94

CONCLUSIONS AND WAY FORWARD 95

Section 1 Sustainability Issues 95 Sub-Section 1 Sustainability Issues - MPWT 95 Sub-Section 2 Sustainability Issues - MRD 97

Section 2 Way Forward 97

Annexes

Annex 1- Skill and Gap Analysis MPWT

Annex 2 – Skill and Gap Analysis GDTA of MRD

Annex 3 – Restructuring of MPWT

Annex 4 – Restructuring of GDTA of MRD

Annex 5 – Review of functioning of HR Department of MPWT

Annex 6 – Review of functioning of HR Department of MRD

Annex 7 – Sustainable Capacity Development Strategy

Annex 8 – TOR for this Assignment

Annex 9 – Tentative Training Sequences

Annex 10 – Draft Sub-decree

Annex 11 – Guidance on Formulation of Training Plan

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Annex 12 – Draft Prakasa

Annex 13 – Organizational Analysis

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Executive Summary Page 8

Executive Summary

This Report is the result of a six-month effort in the Ministry of Public Works and Transport and the Ministry of Rural Development in its General Directorate of Technical Affairs, in regard to (a) development of Standard Guidelines for Environment and Social Safeguards compliance, (b) assessment of capacity in the two ministries to effectively manage road assets, (c) recommendation of training and capacity building efforts needed to ensure that in future the ministries are better able to address their stated objectives and commitments for service delivery, (d) providing commentaries on the specifications for road maintenance, and (e) recommendation on structural reforms for the two ministries. In the execution of this work, the Client has been provided with (a) the Inception Report as stipulated, (b) a volume of Standard Guidelines for Environmental and Social Safeguards, (c) Training materials on Environmental and Social Safeguards and Road Asset Maintenance, and (d) reports and other material with respect to recommended restructuring of the Ministries.

At the beginning of this assignment, it had been envisaged that engagement would be quite intensive with the various departments of the two ministries. In practice it turned out that there were administrative issues that had not been resolved and/or anticipated that reduced the chances of a high level of intensity. Thus, while many training programs had been planned for, in practice only one major program on Environmental and Social Safeguards could be conducted for the Ministry of Rural Development.

In spite of these issues, it is considered that substantial progress has been made especially in three areas –

(a) recommendations on restructuring of the two Ministries,

(b) recommendations on the Standard Guidelines for Environmental and Social Safeguards, analysis of the skill levels and capacity, and preparation of training materials,

(c) review of the specifications for road maintenance, first prepared under JICA funding,

(d) recommendations on sustainable capacity building actins, and

(e) recommendations on reforms in Accounting information flow and HR practices

The key messages that the Report seeks to convey are as follow.

• Road Asset Management is not working properly because internal control systems are either not there or not working properly.

• There is widespread demoralization and dilution of work-ethic.

• Lack of transparency is endemic. This is reflected not only in accounting and financial management but grossly, as it were,, also in HR functions.

• The organizations do not accord value to performance data.

The Report thus seeks to highlight the facts that (a) sustainability of reforms will require systemic changes driven from the top, and (b) sustainability will require comprehensive capacity building strategies that simultaneously stress on changes in work culture and work ethics.

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Both MPWT and MRD have been the focus of considerable donor attention and several funded projects. As part of these projects Expert advice has also been provided to these two Ministries on a more or less continuing basis. However, very few of these recommendations have been implemented, and whatever has been implemented, has also not been sustained. Perhaps, as the MPWT admits, part of the reason has been that the recommendations have been piecemeal, and therefore it was not possible for the Ministry to take a holistic view at any given point of time.

This Report underscores the facts that lack of transparency, demoralization and attrition of qualified staff and deficiencies in internal control are common to both ministries. However, since the tasks of the MRD are more complex but smaller in scale [economic upliftment of rural areas, for example], the problems manifest themselves in different ways in that Ministry. The structure of the General Directorate of Technical Affairs is also more complex than that of the General Directorate of Public Works in the MPWT. Thus, slightly different strategies will be needed to pursue improvement in road asset management in the two cases. While there will be commonalities in content of the two strategies, because of differing organizational cultures, the process of implementation will be different.

Road Asset Management is to be looked at in a holistic way, and the energies, systems and procedures of the Ministries as a whole need to be appropriately oriented towards holistic effectiveness and service delivery. That is the pivotal issue that needs to be addressed.

From a programmatic point of view, improvements are needed in

• Accounting and Financial Management Systems

• Internal Control systems [both operational areas and accounting and finance]

• Improvements in HR systems

• Improvements in data collection, collation, processing and dissemination systems and practices

• Improvements in compliance with Safeguards, and

• Improvements in the application of technical disciplines.

Thus, in terms of reform strategies for the two ministries, it may be seen that systemic outputs will be similar. This means that the accounting function will produce same kinds of reports, and the reports would have gone through similar internal controls. The rules that are actually devised for HR will be similar, and the procedures will also be similar. Compliance procedures will be similar for safeguards, and data outputs will reflect the ground situation in similar ways.

Outcomes, however, will be different because overall tasks for MRD are different from those of MPWT. MPWT’s planning and the execution of its planning will affect the Transport Sector overall. MRD’s planning and execution of the plans will affect rural development and alleviation of rural poverty in a different way. The task of dovetailing and streamlining these two sets of plans is of course a concern at the national level.

This Report, in more ways than one, is a detailed diagnostic Report as well as a detailed Reform Strategy report. Starting from the recommendations of this Report, it is possible to frame more detailed strategies on a time-bound basis, and execute them systematically.

The way forward, has been discussed in Section 6 of this Report. It has been recommended that an OD cell should be set up. It should be sufficiently empowered. It should report directly to the Minister, or at least to the Secretaries of State for Public Works and Transport. It has also been suggested that external experts should be involved. An important decision that needs to be taken is whether and how such an effort is to be supported. In any case, external

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experts [however funded] are essential. And such experts should be an integral part of the OD Cell until the Cell completes its mandated objectives.

Basically, it is stated clearly and concretely, that unless a commitment is made to work with MPWT and MRD consistently for at least a period of three to four years, no real concrete improvement can be expected. Conducting training programs on a variety of subjects is very far from enough. What is needed is ground level and detailed engagement with all managerial cadres and a clear systemic orientation with a strategic OD approach.

Government of Cambodia has already issued an expression of interest for OD for MPWT. It is hoped that the TOR for the Consultants appointed under this EOI will cover the various issues and aspects that have been discussed in this Report.

There are a large number of recommendations that have been made in this Report. For ease of understanding and reference, each Chapter is organized in terms of the Recommendations made on the subject and the Implementation Guidelines. Detailed discussion on each of the subjects is provided in the Annexes to this report.

It is hoped that this Report serves as an initiator of long-term efforts to bring about concrete improvement in the effectiveness of Service Delivery of the two Ministries.

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Summary of Key Recommendations Chapter Section Sub-

Section Parag-raph

Recommendation Proposal for Implementation

1 Functions of MPWT to be combined at all levels from national to district levels

1 Three Zonal General Directorates of PW and T to be set up

1 Existing GDPA to be divided into GD of Management Services and GD of Technical Services

1 Centralized functions of Procurement and Environment and Social Safeguards with representations down to Provincial level

1 New function of Technical Audit

1 At Zonal level all major central functions to be represented

1 Recommendation on streamlining of accounting and FM system

2

1

1

2 Mission statement of Ministry modified and clarified

Through issuance of Sub-decree. Draft sub-decree enclosed with Report

3 Functional units within GDTA to be classified into Strategic, Staff and Executive functional units

6 Reorganization of existing departments

6 Separate Department of IEC

7 Department of Planning and Design to be set up with specific functions

8 Monitoring and Evaluation integrated into one Department

2

2

1

11 Separate Department of Environmental and Social

Through issuance of Prakas

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Safeguards

A Comments on Guideline for Routine Maintenance already published

B Specific comments on IB Performance Evaluation Guidelines

C Specific comments on Guideline for Repairing of Roads

D Comments on Guideline for Routine Inspection

1

1

E Comments on Guideline for Periodic Maintenance

Amendment of Prakas

3 Setting up appropriate administrative and evaluation machinery

Dealt with under restructuring of the Ministries

4 Recruitment and retention of qualified personnel

Appropriate HR Policy needed

2

1

6 Updating of Guidelines from time to time

To be made part of Rules of Business of the DESS and ESSD

5 Upgrade and strengthen existing LRCS and RDMS system

Roads Department to include specifically in activities

1 6 Reinforce training on

above systems PRIP may include in its program

3

3

2 8-23 Monitoring and Evaluation Parameters

DESS and ESSD to adopt and implement

Formalize Service Rules [for MPWT} Improve attendance recording system [for MPWT} Stable/better working conditions [for MPWT} More objectivity and transparency in recruitment [for MPWT} Manpower planning and succession planning needed [for MPWT} Service Registers [for MPWT}

1 1 2

Proper Disciplinary mechanism [for MPWT}

All recommendations arising out of existing Prakas; proper guided implementation to be done.

4

2 1 2 As above [for MRD]; except that Service Registers already exist in MRD; they are to be upgraded and a database

As above

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created Detailed Training and Capacity building Needs Assessment to be done Preparation of Training Plan – guidelines provided Core group of Trainers and Training Executives needed

1

Appropriate Training infrastructure

5 1 1

2 Training Policy

External Experts to be brought in; OD cell to be created

4 Issuance of sub-decree 6-7 Business Process

Reengineering 10 External Assistance

needed

6 1 1

11 OD cell to be set up

Ministry Decisions

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Chapter 1: Context Page 14

1

Context

Section 1 Review of the Actions Taken in MPWT and MRD prior to this Assignment

Overview This Section provides a rapid scan of the actions that have been taken in the two focal Ministries of MPWT and MRD till the initiation of this assignment. It has already been stated in the Inception Report, that the TOR of the assignment could be very well divided into three quite distinct set of interventions – organization, technical, and training. Accordingly, this section provides overviews of all that had happened in these three areas over the years. Necessarily, the details are brief, since in a sense the Ministry decided to draw a pencil line in all these three areas and initiate a whole new series of interventions. The point to note here is that the once the current situation has been analyzed and a set of interventions developed, a detailed sustainable intervention strategy needs also to be recommended, so that from this point of time onwards, the Ministry may, if it so chooses, continue on a path of sustainable reforms leading to the achievement of its overarching objectives, and render to civil society, more effective Service.

Sub-section 1 Organizational Actions – MPWT

1. The context of this assignment lies in the various actions taken by the MPWT over the years from 1994 till date on a number of issues – improvement of Road Asset Management remaining the focus thereof. Donor involvement has primarily been from the ADB, followed by DFID, AUSAID, and the World Bank. In each case, TA has been funded to suggest improvements in the organizational structure, improvements in technical design, improvements in quality assurance procedures, etc.

2. The Ministry itself has undergone several changes during this period. However, no substantial improvements have really been recorded. There are three major reasons for this – first, the Ministry structure is bound by the Government Decrees and sub-decrees [the last one, affecting the Ministry directly, having been issued in 1998] which in themselves are a mixture of core and non-core functions of an organization dealing with Public Works, without any prioritization; second, there is a notable lack of motivation on the part of the functionaries at the lower levels; and the third, business processes that are either diluted, or distorted in the vested interests of some stakeholders, or even destroyed.

3. Further, there is a notable lack of transparency in intra-ministry processes. This lack of transparency is manifested in major functions that affect both ministry employees as well as its client – ranging from personnel matters to financial matters, and procurement, and dealing with other stakeholders.

4. The Ministry is well aware of all these shortcomings in its internal processes, and has been stated, has also collaborated with various Agencies in order to improve its functioning and service delivery. A major intervention was made with the setting up

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of the Environmental and Social Office under the Department of Planning in the General Directorate of Administration and Planning. A number of staff were also recruited. However, there has been considerable attrition in the unit. As of date, there are hardly any persons left in that office.1 It needs to be stated however, that a major reason for the attrition is the low level of salaries of government servants – but of course it is not the only reason2.

5. The original project of PRIP became effective in September 2003 and will close on December 31 2010. The Project Development Objective [PDO] of PRIP is to enhance the livelihood of the peoples residing in four provinces of Cambodia, by providing sustainable access to markets and essential through (I a program of road rehabilitation and maintenance, (ii) a program of capacity building and training, and (iii) development of improved public policies and strategies.

6. The World Bank, ADB, and other donors initiated the RAM [Road Asset Management] Project in 2008. This project aimed to resolve, through an umbrella approach, a number of issues that have been hindrances in the improvement of effectiveness of Road Asset Management. Some of the original Terms of Reference for the current assignment are closely aligned with RAMP, although the assignment itself is administratively and functionally under PRIP [Provincial and Rural Infrastructure Project]. The PDO of RAMP is to ensure continued effective use of the rehabilitated national and provincial road network in support of the economic development in Cambodia. RAMP has been posited to do so by improving the institutional and technical capacity of the Ministry of Public Works and Transport for Road Maintenance Planning, Budgeting and operations, and by expanding and strengthening maintenance activities. This project has three components (i) Road Asset Management – includes the preservation of MPWT’s road network through annual programs for periodic maintenance works and provides necessary implementation support, (ii) Capacity development – including support to the capacity development efforts at the institutional, organizational and individual levels for MPWT to perform its road asset management functions effectively and efficiently, and finally, (iii) Merit Based Performance Initiative. The Merit Based Performance Initiative was supposed to provide funding for initiating the MBPI program in MPWT.

7. For the current assignment, interventions were to be directed to (a) assessment of skill levels and identification of gaps, (b) conducting a rapid assessment of capacities in the MPWT, (c) reviewing organizational structures and suggesting a structure that would contribute to better road asset maintenance, and (d) developing a HR policy and HR structure. The state of affairs at the time of initiating this assignment reflected (a) an absence of regular assessment of skill levels and identification of gaps in the Ministry, at all management levels, (b) a structure which had a large number of deficiencies as identified in the Inception Report for this assignment, (c) low capacity in general as also identified by the World Bank in its Appraisal Document for RAMP in 2008, and (d) an absence of any HR structure and Policy.

8. So far as HR Policy and Structure is concerned, sub-decree No 14 had stated the functions of the HR department, but in reality nothing has happened and the HR department, at the time of initiating this assignment, was not performing any of its functions in a manner that could be called professional and that had any degree of transparency. In fact the HR department should have properly reviewed the low capacities, low skill levels, and gaps in skills, but this had not in reality been done.

1 See Inception Report for this Assignment. 2 This issue is discussed in greater detail in Chapter 5 of this Report.

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9. Specifically, the Ministry had undertaken an initiative called Priority Mission Group {PMG}. This was to encourage people to work on a specific project with additional incentives.

10. Three PMG were set up under this initiative. One was for strengthening the Planning function, the second one was for strengthening the IT function, and the third one was in the Technical Research Center. While the IT PMG is still functioning, the Planning PMG has ceased to function, though it had two major, and important tasks – establishing Public Investment Planning and Establishment of Strategic Planning for Transport Infrastructure. The third PMG, for the Technical Research Center under the Ministry, for qualitative improvement in Technical drawings and for the drawing up of Standards is still functioning.

11. However, the PMG initiative was a time-bound exercise and the incentives ceased to be available after two years of operation; this resulted in further demoralization and attrition. And the Government made it more difficult to initiate new PMG, because of the financial situation of the Government. Nevertheless, Senior officials feel that there is a case for creating two new PMG, one in the Planning Department and focused on implementation and monitoring of Environmental and Social Safeguards, and another in the HR and Personnel Department, focusing on Training, Capacity Building, and the creation of a HR database

12. There had been three different intra-ministerial committees set up between the years 1994 and 2009, but the changes that had been made had been marginal. The last restructuring resulted in the 1998 sub-decree, and after that no meaningful changes have occurred.

13. The Ministry continues to function through a number of ad hoc Committees, with a low degree of individual functionary accountability. Decision making is restricted to the absolutely top level, and therefore there is abdication of responsibility at the middle levels. The Ministry also functions largely through informal organizational relationships, and extra-organizational sources of authority.

14. Detailed observations on the current Ministry organization have already been provided in the Inception Report and are not being repeated here. Suffice it to say that organizational interventions made so far have not resulted in any noticeable improvements in the service delivery capability of the Ministry.

15. It should also be noted in this context that the Government has very recently rejected the Merit Based Performance Initiative scheme. This has already started showing its ill effects through increases in the rate of attrition.

16. In sum, organizational interventions so far made in the MPWT have not had any holistic impact, being largely piecemeal, and have not been sustainable to any noticeable degree.

Sub-Section 2 Organizational Actions – MRD

1. The MRD was created in 1993. The Departments of Rural Roads and Ethnic Minority were subsequently added to the Ministry. With a view to enhancing the staff performance, an effort was made to increase the staff salaries and appointed the Council of Administrative Reforms (CAR) in 2007 under the Priority Mission Group (PMG) of the country. The Reforms were implemented for only two years. The reason for non-continuation of the reform agenda is reported that the roles of the staff were not clearly elaborated in the CAR and hence there was some resistance within the Ministry.

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2. Since 1997, the Ministry has the opportunity to implement a number of projects funded by various donors in the areas of road building and maintenance; rural water supply and capacity building. A number of training programs were also organized in rural development particularly in the environmental safeguards and rehabilitation. Another important milestone achieved by the ministry is on the Farmers' good practices in sustainable agriculture and carried out policy dialogues. The ministry’s training programs have greatly impacted the rural development.

3. However, apart from the CAR, there are no public sector reforms or restructuring undertaken by the Ministry. However, as a part of its on-going process of improving the performance of the departments, Program budgeting has been introduced from 2009 linking policy with the budget under the guidance and supervision of the Ministry of Economy and Finance. It is believed that the program budgeting is well received by all the departments of the Ministry and performing efficiently

Sub-Section 3 Technical Actions regarding Road Asset Management – MPWT

1. Technical Capacity – MPWT created a geographical database developed from the 2004 Location Referencing and Condition Survey (LRCS). It supports the Road Management Decision Support (RMDS) system which has designed and completed under the Road Rehabilitation Project (CR. 3181 – KH). By applying the LRCS surveys, MPWT has established a common linear referencing and geographic maps that allow activities along the national and provincial road network to be assigned a unique address, and thereby collect in one place all of the road inventory and condition data, including pavement surfacing, roughness, surface condition and drainage inventory and condition. The full length of the national road network has been surveyed. Road management information system established with reliable inventory, condition and traffic data. Demonstration reports and analyses for preparing annual maintenance programs, multi-year road expenditure plans and road maps have been prepared.

2. But due to some reasons, the capabilities of the developed system has not yet applied and the RMDS is not yet used to its full potential. The database is also not updated since 2004 as the updated surveys data have not been undertaken.

3. For overloading control and management, MPWT Working Group was formed in May 2007. An action plan was developed in July 2007 with technical and financial support from JICA. MPWT through its General Department of Public Works (GDPW) has implemented a National Comprehensive Axle Overload Control Program. Weighbridges are currently being operated on six national roads, financed by ADB and Japanese Grants.

4. After improvements in the infrastructure of the Road Department, some changes have been brought in the practice of maintenance management, but technically speaking, there is way to go in this.

Sub-Section 4 Technical Actions regarding Road Asset Management – MRD

1. MRD has completed an ADB funded IRAP/GIS project which supported Integrated Rural Accessibility Planning (IRAP) component of the Northwestern Rural Development Project (NRDB) was introduced in 1999 under the ILO Upstream Project. Provincial Rural Development Project (PRIP) for the preparation of the

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District Infrastructure Development Plan. The Plan is supported by detailed maps and it provides a good starting point for the preparation of infrastructure plans.

2. Road Maintenance Management and Planning System (ROMAPS) was introduced in 2004-05 and has been used so far in eight provinces. TRIP IV plans to use in another seven provinces. The negative points of ROMAPS is, it requires a considerable amount of data and its suitability in situation there is a poor institutional capacity for the data collection. Also the licensing arrangements of ROMAPS are complicated and the software is costly to procure.

3. Integrated Rural Accessibility Planning (IRAP) is selected as a prioritization tool to short list of roads that takes into consideration economic, social and environmental tion costs/benefits.

4. The Ministry of Rural Development (MRD) formed the Special Committee of MRD with support from international and local advisers under the DFID funded SEACAP 2 Project and developed the Rural Road Standards (RRS) which interpret the MRD policy into practical and appropriate standards for the development and maintenance of the rural road network.

5. Labour Based Appropriate Technology (LBAT) is used by the identification of the National Poverty Reduction Strategy as a work method for rehabilitating and maintaining roads that reduces poverty by developing the transport infrastructure and also creating employment for local people in the rural areas.

6. PRIP first year maintenance program was implemented Routine Maintenance in three northwest provinces, Kampong Thom, Preah Vihear and Siem Reap. Uddar Meancheay is not included for Routine Maintenance due to insufficient fund.

Sub-Section 5 Training and Capacity Building Actions – MPWT

1. Training Actions in MPWT have largely been fragmented, and externally driven. The reason is that there is no Training Plan [either short or long term] that is based on a solid Training Needs Analysis or Skill level evaluation or skill Gap analysis. There is also no clear training structure designed to deliver training on a planned and sustainable basis.

2. For Capacity Building also, there have not so far been any meaningful interventions carried out on a sustainable basis. There is no system of mentoring or on-the-job training or coaching. Other tools or techniques of capacity building have also not been applied.

3. As stated, training interventions have been fragmented and disparate. The Finance

department has undergone training, but the Finance department is not concerned with project related accounting. Finance staff has been exposed to inputs on Basic Accounting, and computerized accounting.

4. ADB has financed training on Public Financial Management, Public Policy and Change

Management. However the effectiveness of these training interventions remains a moot point, considering that in the Ministry – indeed as in Cambodia itself, decision-making processes do not permeate down to the middle levels also.

5. Under RAMP and other projects, Ministry personnel have been exposed to programs on

procurement, technical matters, finance etc. both in-country and abroad. However, it is a moot point whether this training has had any clear effect on the performance of staff.

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This is for two reasons, first, the fact that those who have been sent to programs do not have any flexibility in their current jobs, and therefore application of what they may have learnt is not really a possibility, and second, the fact that training is not really related to any growth prospects – either vertically or laterally. Training is therefore taken as a means of getting away from the daily routine, and for earning a little pocket-money, since a training fee is paid to all participants for attending training programs.

6. The Ministry itself conducts modular refresher courses for its Engineers and other

Officers, but the organization and contents of these training programs leaves much to be desired.

7. In sum, the state of training and capacity building in the Ministry, in spite of the fact

that every single donor and every single project has a clear capacity building component, is in disarray. Suggested approaches to remedy the situation form a sizeable portion of the current Report.

Sub-Section 6 Training and Capacity Building Actions - MRD

1. In the MRD also there is a Training function. However training is primarily conducted through outside bodies. Usually staff are sent on Secondment to week-long programs. Previous interventions, to the extent they have occurred,

2. The issue with training and capacity-building, as they have been understood after preliminary discussions with officials are as follow:

3. There is no standing infrastructure in the Ministry[s] for Training and capacity-building.

4. There are no personnel who are exclusively concerned with Training and capacity-building or skilled in the same.

5. There are no custom made training modules that can be used. By modules is meant a set of training materials with Instructor Guidance manual and prepared presentations.

6. There is no clear Training Policy – a training policy generally includes a set of guidelines that determine

• What kind of training should be given to what level of personnel, and with what level of prior learned skills,

• The process by which trainees for a particular set of courses should be chosen,

• Guidance on the selection of trainers,

• Guidance on the training technologies to be used in particular cases,

• Management of training programs, including scheduling of sessions etc.

• Guidance on payment to outside Faculty

• Formulation of Training Budgets,

• Collecting and reporting feedback and actions to be taken on the basis of feedback received,

• Tracer Studies to be done in particular cases

• Post-training field reports and actions to be taken on the same.

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Consulting Services for Capacity Development and Human Resource Development for Road Asset Management and Environmental and Resettlement Monitoring. Provincial and Rural

Infrastructure Project (PRIP) PHRD Grant No. TF 056974.

Section 2 Discussion on the TOR for this Assignment

Overview

This section discusses the TOR of the assignment as apparent in hindsight. The section also expands upon the foreseeable and unforeseeable factors, which played a role in the execution of the assignment.

Sub-Section 1: Review of the TOR with respect to the actual situation in MPWT and MRD

1. The TOR for the assignment is attached to this document as Annex 8. In hindsight, the following would have made the tasks of the Consultants smoother, and it would have been easier to focus upon the main task sooner:

2. More detailed inputs on the context of the assignment. On taking up the assignment, it became apparent that there have been a number of interventions made earlier, especially in the MPWT. It also appeared that these interventions had actually been made on the organizational front. It was possible to collect some of the reports, but quite a few of them remained untraceable. Had at least the abstracts of these interventions been informed, a clearer picture of the whole situation would have emerged that much sooner.

3. Specification of the documents referred in the TOR. The TOR repeatedly referred to the TEG or Technical Environmental Guidelines. Quite a few days were spent searching for the document as none of the concerned departments seemed to be familiar with what and where the document was. This shows that a document that was in fact central to the assignment had not been taken in that spirit at all by the Ministry. Further, when the document was discovered, as part of the PIP for RAMP, it appeared that the department which should have studied it in the first instance – the ESO, had not done so. It would have helped in the execution of the assignment if the contents of the document had somehow been made known to at least the Project Manager, and it would have been still better if these had in fact been made part of the briefing papers.

4. Actual Status of matters. The TOR repeatedly referred to the RAMP first year training plan. The first year training plan did not seem to have been formulated on the basis of a proper training needs survey – or even if it was, the survey was not available. In the event, the stipulation of the TOR that training plans that are recommended should align themselves with the first year training plan, does not appear to be very reasonable. It is suggested that in the future, when a benchmark is

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set, the process of derivation of that benchmark should also be informed so as not to cause any confusion later.

5. Time. The time provided for the assignment was too short, considering the range of activities expected. The time given for submission of the Inception Report was only two weeks, where normally it is six weeks. To expect people to fully understand the organizational and cultural specificities of two government ministries in the space of two weeks and then submit a comprehensive report, is perhaps not the best way to ensure comprehensive analysis.

6. Having said the above, it also needs to be said that the TOR was quite well constructed, and internally consistent. This greatly assisted in the development of a logical framework within which to conduct the assignment.

Sub-Section 2: Foreseeable and unforeseeable constraints and conditions with respect to the TOR

1. As has been stated in the previous section, time was a constraint. It was, of course, known that this would be so. Yet, the factors that might have made it possible to make much more productive use of time, were not there. This included such matters as the process of obtaining initial appointments, which turned out to be a bureaucratic process involving the sending of official letters from the level of the Secretary of State to internal departments of the ministries, and a further process of acceptance – since the letters themselves were processed by two other functionaries at least; the acceptance itself being made conditional in many instances on the receipt of agenda to be discussed. This took up quite some time especially in the initial stages [at the time of writing the inception report] when time was at a premium.

2. Client Awareness of the consultancy project was not high. This goes especially for the Ministry of Rural Development where the whole TOR had to be explained every time meetings were organized with the MRD functionaries. While it was later possible to establish working relationships, again the fact that awareness was not there, made it more difficult to break through the initial resistance. The same phenomenon was also there in quite a few departments and directorates of the MPWT.

3. It also needs to be stated that cooperation from the PIU level was exemplary, and the support from the top level, including the Minister, had also been readily forthcoming. This level of cooperation in the MPWT particularly, was not expected, and came as a very welcome motivator. After some initial difficulties, cooperation from the MRD also was quite forthcoming. However, as said, in the process, and since the middle levels remained largely unaware of the project initiatives, more time was wasted in seeking interviews; and this did account for some of the slippages in the survey process.

4. Cooperation from other concerned ministries was minimal. And this was particularly so in the case of the Ministry of Environment. Considering that Environment and Social Safeguards are a crucial central issue in this assignment, support from MOE would have been very welcome. In spite of best efforts, MOE inputs and cooperation was not received. This was unforeseen, and was in fact a hurdle. It is suggested that in the future, support of crucial other government organs may be assured in the very first instance, before initiating the assignment formally.

5. The above point is continued to the extent that for this assignment there was no formal kick-off meeting, which would have ensured all-round client awareness, with

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the participation of other stakeholders. This also acted as a constraint. This issue may be flagged for addressing in the future.

6. Some data, crucial to the assignment, was not appropriately provided. One of the critical points for the assignment was the planning department, and especially the environmental unit. At the ground level the planning department appeared to be grossly understaffed, and the environmental unit lacking in qualified personnel. The environmental unit was also grossly undermanned. Given that capacity building of the environment department was to be done, and given that trainers were at least to have been identified, the fact that the ground conditions would not permit the same, was an absolute unforeseen factor which acted against the spirit of the assignment itself and was, in fact, a demotivator. Of course it was realized that there were cogent and explainable reasons for this, but that did not alter the facts as such.

7. At the ground level there is not much of a collegiate relationship between the two ministries. This came out openly when one ministry did not want to send its participants to a program where people of the other ministry would be present. Since resolution of antithetical perceptions was not part of the assignment, nothing could actually be done about this. In future, if cooperation at this level is not encouraged, then costs are likely to increase – especially if every training and capacity building exercise is to be conducted separately for each ministry involved.

8. There also needs to be a committee that comprises of critical representatives from the client ministries. Absence of such a committee, and the absence of discussions in that committee means that the consultant is deprived of inputs that affect both ministries simultaneously, and it is that much more difficult to arrive at recommendations that would meet with consensual approval.

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Section 3 Consulting Strategy

Overview Consulting Strategy was clearly laid out in the Inception Report. It is being reproduced here in brief so that discussions in the Chapters that follow become more relevant. It is to be noted that the strategy has always been an inclusive one, and many rounds of discussions were held with all levels of functionaries of the MPWT and the MRD, in order to arrive at a proper understanding of the situation in the two Ministries. To the maximum extent possible, necessary documentation was also procured from the ministries, and these went a long way in furthering the understanding of processes within the Ministries.

Sub-Section 1: Overview of consulting interventions

1. The Consulting Strategy was formulated to address the assignment objectives in light of the initial observations and other identified issues for consideration. Following discussions on the initial and later findings, and the issues and challenges as understood, the strategy was concretized in terms of each of three areas of intervention as derived from the TOR of the contract. The three areas of intervention were (a) organizational, (b) technical, and (c) training and capacity building. In each of the three cases, the approach was based on observations of the current ground situation, and the methodology used was in terms of the actions to be taken in phased manner.

2. Organizational interventions were carried out in terms of the following four phases:

• Phase I – Collection, collation and consolidation of organizational information.

• Phase II – Design of recommended organization Interventions. • Phase III – Discussions on the design and suggested reforms to suit practical

realities. • Phase IV – Recommendations on final design and steps to implement the

same.

3. Technical interventions were developed and delivered in terms of four phases, which are:

• Phase I – Review and research, • Phase II – Framework for the development of standards, • Phase III – Development of guidance documents and manuals, and • Phase IV – Consolidation and presentation.

4. Development of a monitoring and evaluation system for safeguards has been presented as an important and critical issue in terms of the TOR. The M&E system was developed and delivered in terms of the following phases:

• Assessment Phase; • Preliminary Design Phase; • Consultation Phase; • Final Design Phase; and • Presentation Phase.

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5. Finally, Training interventions, which include the development of sustainable systems and procedures for capacity development, was seen in terms of four Programs that were:

• Program 1 – Comprehensive Assessment Exercise and Design of Training Programs;

• Program 2 – Design and Development of a Training and Capacity Building Infrastructure;

• Program 3 – Training Delivery; and • Program 4 - Sustainability Assurance

6. An initial Work Plan was developed with details of the timelines for the execution of each of the programs and phased actions. Progress Reports to the Client was made in terms of percentage progress on each item.

Sub-Section 2: Consulting Strategy for Organizational interventions and Training and Capacity Building

1. The strategy was derived from the discussions on the issues that were identified during the initial stages of execution of the assignment. In making the recommendations in terms of what is stated below, the exercises already done in the Ministry[s] for the purposes and the exercises currently under way were taken into account. It was realized that

a. Any organization reforms and restructuring recommended will take as its first point (i) the need to separate the policy making function from the executive decision-making function, (ii)the need for the reforms to be driven from the top, (iii) inclusion of functions which are currently not there or which need particularly to be strengthened, (iv)need to introduce professionalism, and (v) clearly bring in an overarching concern for the national interest . The restructuring exercise should also take into account (a) provision of planning and environmental and social safeguards functions at the provincial level, finally, (b) the need for Oversight, without such oversight intruding into executive functioning.

b. Specific recommendations will need to be made in regard to creation of new

departments or amalgamation of old ones, and also the need to create new Directorates, as deemed appropriate, should be stated and the need defined. In view of the current personnel situation, a set of strategic steps to be taken shall need to be stated, which may be followed in the short-term, in the medium term, and in the long term.

c. Existing gap between formal and actual functions of departments is to be reduced and

resolved, if necessary by redesigning the formal functions and appropriately modifying the actual activities being now carried out.

d. Recommendations will need to be made on the ways that the line Directorates and

their subordinate Departments can be strengthened meet the expectations of all stakeholders so that there is no need to set up Working Groups for new projects. This is thought to be especially important because there are a large number of projects of the MPWT in the pipeline, and it is obviously not advisable to go on creating a large number of PIUs and PMUs.

e. Opportunities must be provided for Director and Deputy Director levels to be

involved in decision-making in an appropriate manner.

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f. Lower level job descriptions must be created in a manner that allows little room for

discretion.

g. Explicit modes for functional coordination and information sharing between Departments, and between Directorates must be designed.

h. A substantive structure shall need to be designed so that training and capacity-

building activities can be carried on in a sustainable manner and in ways that are aligned with the continuing needs of the Ministry[s].

i. There is also a need to set up a full-fledged Technical Audit function, and a Research

Facility. The Technical Research Center needs to be re-evaluated and upgraded.

j. Recommendations must be made on ways to improve Management Information Systems within the Ministry[s] so that decision-making levels are kept informed of activities that are directly related to them, and generally as to the executive actions taken by the Ministry and the results thereof.

k. Flow of Accounting information shall need to be streamlined so that it leads to

Financial information being shared with the executive departments as a routine information sharing exercise. This will assist in qualitatively improving effectiveness of decision-making in the line departments and Directorates.

l. Guidelines must be provided for intra-departmental functioning, and the functioning

of the Offices under those departments.

m. Finally, the recommendations made must be practicable, and specific practical and doable steps must be given for the transition from the present structure to the recommended one. The timelines as estimated should be provided, and the resources needed for bringing about the changes should also be stated.

2. While the strategic parameters were as stated above, it may be seen that not all of what has been stated falls within the terms of reference of the present assignment. Thus some of the issues will remain at the discussion and recommendation only; to be followed up later by the concerned authorities and agencies in such manner as they deem fit. 3. There are many organizational models available which fit the requirements of the case[s] in point. Explicit recognition of the need for having overall policy and oversight mechanisms is possible, and such models have been tried and institutionalized in many countries including quite a few in South Asia. Such models were appropriately modified to suit the needs of Cambodia, after discussion with the appropriate decision making levels before substantive recommendations as in the current report, were made. 4. The Methodology to be adopted generally followed what the Consultant had stated in the Technical Proposal for this assignment. However, there were some changes in view of the matters that were discussed in detail in the Inception Report. The methodology as finalized from the point of view of the Consultant for Organizational Interventions is given below. 5. The methodology was heavily dependent on both the interview technique and both closed and open-ended questionnaires in addition to the study and analyses of secondary sources. Consultant staff will review existing documents (organisation charts, department mandates, task assignments etc) which outline the roles and responsibilities of relevant departments and individuals involved in road asset management at MWPT and MRD and relevant legal and policy documents governing the same. The findings from this study will

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then be compared to an analysis of the actual situation, in which the Consultant provided opinions on key aspects of the actual organisation and functionality of the Ministries and relevant departments related to road asset management. An understanding of the actual situation was developed through in depth interviews with key persons and analysis of current road asset management systems. The consultant then put together a description and conceptual model for the actual situation. 6. An assessment of the Implementation Arrangements for PRIP and RAMP with specific focus given to the operational effectiveness and functionality of GDPA and GDPW was done. As part of this assessment and in order to gain a general understanding of their overall performance, the objectives of these two departments were reviewed in comparison to their delivered outputs. At a macro scale, this provided a detailed and in-depth understanding of the overall capabilities and functionality of the departments. The consultant then gathered a detailed understanding of how the departments function and present issues, constraints and challenges faced through discussions with middle and lower level functionaries. This understanding was gathered through detailed interviews with relevant persons within the Departments, and covered all aspects that can influence the overall functionality and performance of the organisation including but not limited to: technical issues, financial systems and budgeting, planning, human resources development, staff recruitment and training, procurement, and environmental, social and cultural considerations. 7. The initial interviews have been conducted as stated in the Technical Proposal. After the approval of the Inception Report, further work will be carried out in four phases as follow: Phase I – Collection, Collation and Consolidation of organizational information. Phase II – Design of recommended organization Interventions. Phase III – Discussions on the Design and modification to suit practical realities. Phase IV – Recommendations on Final Design and steps to implement the same 8. Phase I – during this phase the information that had already been collected through formal and informal discussions with various senior officials, was further validated through in-depth interviews and both open and closed-ended questionnaires administered particularly to the middle and lower levels of the Ministry[s]. The steps that were taken are as follow:

a. Detailed interviews with each Chief of Office and Departmental director in the relevant Directorates of both Ministries with the aid of open-ended questionnaires devised on the basis of the approach as identified above. For reasons of economy and ease of administration, a Training Needs questionnaire was appended to it.

b. Collation of the Notes of the open-ended questionnaires.

c. Detailed discussions with the concerned Project Managers and Project Directors

[PRIP, RAMP, and MRD] on the basis of the Notes as mentioned above to clarify such points/issues that remain unclear.

d. Design of a close-ended questionnaire on roles, responsibilities, and formal and

informal functions, for administration to middle and lower level functionaries. The questionnaire was designed on the basis of the Notes of the open-ended questionnaires. For reasons of economy and ease of administration, a Training Needs questionnaire was appended to it. The questionnaires was both in English and Khmer.

e. Administration of the closed-ended questionnaires to middle and lower level

personnel.

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f. Analysis of the closed-ended questionnaires and validation of results obtained with respect to the results from the administration of the open-ended questionnaires.

g. Preparation of a report on the basis of the analysis and discussion of the report with

the concerned Officers. Addition of clarifications on particular issues to the report will be done after these discussions.

9. Phase II – during this phase the primary task was to arrive at one or more models that suit (a) the premises underlying the approach as earlier discussed, (b) the report on the administration of the questionnaire, and (c) the viewpoints of specific senior and top level functionaries of the Ministry[s]. The model[s] were then detailed out in terms of departmental and sub-departmental functions, with justifications provided for the model itself and for recommendations made under it. 10. Phase III – during this phase, the actions taken were as follow:

a. The model[s] as designed were discussed exhaustively with the decision- and opinion-makers in the Ministry[s]. The aim was to arrive at only one or two alternatives. Detailed comments of the decision-makers as to the practicability of the models were noted down.

b. The alternatives selected as being the most feasible were then appropriately modified

in terms of the comments already made by the significant decision-makers.

c. The modified alternatives were then discussed in a second round of meetings with the decision-makers to arrive at a single feasible one.

d. The feasible alternative were further detailed in terms of the steps that need to be

taken, possible timelines and the resources that would be needed to do so. e. In addition to the stated elements of the detailing, emphasis was also laid on

providing guidelines for modification of procedures, which would help to improve effectiveness of the Ministry in general, and the implementation of road projects in particular.

11. Phase IV – during this phase the aim ws to arrive at a consensus on the single alternative for the restructuring of the Ministry[s]. For this purpose two separate presentations are now to beorganized; one for the MPWT and another one for the MRD. During the presentations, the steps for implementation, the timelines and needed resources will be discussed in detail and consensus will be built. During the presentations the steps taken by the Consultants on the analysis of the Training Needs questionnaires, and the results thereof, will also be discussed. Required modifications to the Training Plan already under way will be made to allow for comments made. 12. Time permitting, with and through the information gathered, analyses conducted, and recommendations made for the activities above, Consultant will help the GDPW adopt a sensible staffing plan that is based on the aggregated skills needed to implement the road projects and successfully meet the development objectives. If time and resources permit, Consultant may also assist MPWT’s Human Resource Department and GDPW to review and revise the training plan for priority road and bridge construction and maintenance management and related subjects, for GDPW, GDAP and their counterpart offices in the provinces and develop a train the trainer program in order to improve the sustainability of the human resource development interventions provided by the Consultant. Considering that stress has been laid in this assignment on sustainability of suggested reforms as also the

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sustainability of capacity-building systems, and procedures, the methodology adopted as above can be seen to directly contribute to the same. 13. Capacity-building is distinct from training in that it is broader in scope. Training is one of the instruments of capacity building. Capacity Building includes (a) Human resource development, the process of equipping individuals with the understanding, skills and access to information, knowledge and training that enables them to perform effectively, (b) Organizational development, the elaboration of management structures, processes and procedures, not only within organizations but also the management of relationships between the different organizations and sectors (public, private and community), and (c) Institutional and legal framework development, making legal and regulatory changes to enable organizations, institutions and agencies at all levels and in all sectors to enhance their capacities. For organizations, capacity building may relate to almost any aspect of its work: improved governance, leadership, mission and strategy, administration (including human resources, financial management, and legal matters), program development and implementation, fundraising and income generation, diversity, partnerships and collaboration, evaluation, advocacy and policy change, marketing, positioning, planning, etc. For individuals, capacity building may relate to leadership development, advocacy skills, training/speaking abilities, technical skills, organizing skills, and other areas of personal and professional development. (Evaluation of Capacity Building: Lessons from the Field by Deborah Linnell, published by the Alliance for Nonprofit Management).In the context of MPWT and MRD, the above then mean that all the efforts under the organization intervention section are really part of the overall capacity building process, although the third component of capacity building, i.e., the legal and institutional framework enablers, is not included within the terms of reference of this assignment. 14. However, the first component of Capacity Building, Human Resource Development, as can be seen, includes improving access to information and knowledge, and the skills and knowledge that enables them to perform effectively. Thus capacity building strategy for the MPWT and MRD include the identification and statement of measures that will create greater access to information and knowledge for various levels of staff. At present, as has been discussed earlier, there is only one project which had started off with the promise of building cooperation and coordination among the various departments and directorates, but according to some senior officers, much more needs to be done in this direction. The restructuring that has been attempted, takes into account the fact that the organization as a whole can function better if there is free flow of information among the levels that are directly concerned with the same. Thus it would be expected that the Human Resource Department would be fully aware of the Capacity development and training programs of RAMP and would in fact be an integral part of that kind of effort. In reality the situation seems to be different. The Project Appraisal Document of the World Bank is predicated upon the individual concerned departments of the Directorate of Administrative Services being fully involved in the implementation of RAMP. In reality, this does not appear to be the case. 15. The terms of reference of the consultants for the current assignment states that the consultants, in the context of capacity development would recommend a sustainable infrastructure. It has already been stated that a sustainable infrastructure would require a dedicated Team, which would concern itself both with capacity building as an overall process and training as a particular process. 16. The approach to the problem is thus predicated upon the following:

• Development of a structure that will sustain training and development activities; • Development of a Draft Training Policy;

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• Development of an Overall Capacity Building Policy in line with that proposed

for RAMP; • Delineation of Specific Training Modules for the First year in line with that

proposed for RAMP; • Delineation of a Medium Term Training Plan; • Guidelines on Training Material Preparation including the preparation of Case

Studies; • Guidelines on management of the Capacity Building process; • Guidelines on the management of the Training Process including Budgeting and

activity scheduling.

17. Clearly it was necessary to begin from the fact that a sustainable structure would be that which has the human resource to support it. This means that the skills necessary for the whole set of activities will need to be clearly defined and clear job descriptions shall have to be laid down for the sub-units within the Training and Capacity building function. The structure as developed on a draft mode will then serve as the engine for the implementation of the Policy and the various Guidelines. 18. At the time of initiation of the assignment there seemed to be practically no foundation on which an appropriate structure may be recommended. It was also not clear as to how much input would be immediately required, and how much would be required to be regularly provided in the long run. 19. The strategy that was adopted, was a Programmatic one. The whole set of tasks as discussed earlier were classified in terms of 4 Programs:

• Program 1 – Comprehensive Assessment Exercise and Design of Training Programs;

• Program 2 – Design and Development of a Training and Capacity Building Infrastructure;

• Program 3 – Training Delivery; and • Program 4 - Sustainability Assurance.

20. The overall approach is shown in the schematic below:

S p e c if ic a t io n o f th e P ro g ra m m a tic A p p ro a c h in c lu d in g d e ta ils o f C o m p o n e n ts

P ro g ra m 1C o m p re h e n s iv e A s s e s s m e n t E x e rc is e a n d D e s ig n P h a s e s

P ro g ra m 2D e v e lo p m e n t o f T ra in in g a n d

C a p a c ity B u ild in g In fra s tru c tu re

In te rn a l a n d E x te rn a l A s s e s s m e n ts a n d S u b je c t c h o ic e s a n d m ix e s

D e v e lo p m e n t o f S o ft C o m p o n e n ts o f T ra in in g a n d

C a p a c ity B u ild in g In fra s tru c tu re

D e v e lo p m e n t a n d R e c o m m e n d a t io n s o n C o m p o n e n ts o f H a rd

In fra s t ru c tu re fo r T ra in in g a n d C a p a c ity B u ild in g

F o rm a liz a t io n o f S o ft C o m p o n e n ts o f T ra in in g a n d

C a p a c ity B u ild in g

F o rm a liz a tio n o f H a rd C o m p o n e n ts o f T ra in in g a n d

C a p a c ity B u ild in g In fra s tru c tu reC h o ic e o f T ra in in g Te c h n o lo g y

a n d o th e r T ra in in g D e s ig n E le m e n ts

P ro g ra m 3D e liv e ry o f S e le c te d E le m e n ts

P ro g ra m 4S u s ta in a b ili ty A s s u ra n c e A c tio n s

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21. The methodologies adopted for the four programs were detailed in the Inception Report. These were envisaged to follow Best Practice as applicable.

Sub-Section 3: Consulting Strategy for Technical interventions

1. The TOR of the consultants states that the final TEG will include (i) generic environmental specifications for contractors [much of which has already been done and is currently being incorporated in the bidding documents, but which can still be fine tuned], (ii) specific requirements for activities carried out in the protected and/or naturally/culturally sensitive areas [will in any case be included in the elaboration of the World Bank’s ESSF framework], (iii) environmental guidelines for design and construction works [again, quite a lot has been already done but fine tuning is needed], and (iv) guidelines for monitoring and reporting on implementation of environmental and social impact mitigation measures.

2. The strategy that was adopted by the consultants was therefore to first of all build on what had already been done and then use related documents and policies to complete the above-mentioned guidelines etc.

3. The basic challenge in completing these tasks was that the personnel who are currently on site in the various provinces have very little systematized knowledge or understanding of what needs to be done. Consequently the documents to be prepared had to be such as to be usable at the ground level by officers and functionaries who are not ordinarily environmental specialists or even well trained in this subject. Since part of the tasks of the consultants was to train these officers and functionaries, it is expected that some capacity will be built and some level of internalization of the rules to be followed and measures to be taken will occur. The crucial thing was to present all these documents in an easy to follow, user-friendly fashion.

4. The process to be followed was to comprise of four phases, as follow:

• Phase I – Review and Research; • Phase II – Framework for the development of Standards; • Phase III – Development of Guidance Documents and Manuals; • Phase IV – Consolidation and Presentation

5. Phase I – during this Phase all the relevant documents [in addition to those mentioned

earlier in this section] were reviewed and annotations made. Reports and data relevant to the project were collected from various sources within and outside the Ministry[s]. Where necessary, client help was solicited to obtain these reports and data. Identification was done of those matters and issues that demand further clarification and explication, and/or elaboration through a Guidance Document or a Manual. Limited Research on some special aspects such as the governmental policy on Highland Peoples, Gender Policy, etc. and the applications thereof were undertaken in order to further flesh out the review results.

6. Phase II – this Phase was concerned with the development of Standards for environmental management and monitoring for Road Projects. As of date there are no specific standards that have been set. The World Bank’s framework is only a set of guidelines, and the standards need to be set. As an example it may be remarked that while a borrow-pit is supposed to be covered over and trees planted by the contractor

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[as stated in the technical specifications of MRD and as also incorporated in the bidding documents of the MPWT, there are no indications given as to what exactly is meant by being covered over, and how many trees should be planted. Of course, this requires detailed work, but some standards have been developed worldwide and reference has been made to those Standards in making recommendations on what should be appropriate to Cambodia. Consultants will ensure that there is a due process of consultation with concerned stakeholders throughout this phase of work.

7. Phase III – In this Phase of work the consultants developed, using the results of

Phases II, a set of Guidance Documents and related Manuals as stated in paragraph 37. Guidance has also been provided on the points and issues that will be monitored and the standards that shall be expected to be adhered to. In developing the documents, it has been ensured that through compliance with these documents, any legal covenants on safeguards that a multilateral or bilateral donor agency may put in for future projects, can be complied with either holistically or in a modular fashion, as the case may be.

8. Phase IV – As has been stated earlier, the Technical Guidance on Environmental and

Social matters is currently not consolidated or integrally linked in terms of a single generic guidance document. The consultants have interpreted their task thus to be to remedy the current situation. All the Guidance documents and manuals – both currently available and edited and elaborated upon, and the new ones – have been assimilated into a single document and its annexes. The process of consolidation itself was a technically challenging one and was addressed in a manner that will still leave the final result user-friendly.

9. Consultations – The consultants discussed with the DG (Roads), MPWT, DG (TA),

MRD, Director (HR), MPWT and MRD, DG (Transport), MPWT, DG (Admin and Planning), MPWT, Director (RID), MPWT, Director (Planning) MPWT, Under-Secretary of Administration and Planning, MPWT, Project Director RAMP, Secretary of State (Public Works), MPWT, Secretary of State, MRD, H.E. the Minister of Public Works and Transport, and others including the concerned officials of Resettlement Unit of MOF, concerned officials of Ministry of Environment, ADB officials concerned with Road Projects, JICA officials, etc. Within the two nodal ministries, discussions were also held with lower level officers.

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2

Organizational Interventions

Section 1 Organizational Interventions-MPWT

Overview

This Section discusses the recommendations made as part of the Organizational and also Training and Capacity Building. The section also provides guidelines that may be used to implement these recommendations. Organizational Interventions are primarily concerned with the restructuring of the General Directorate of Technical Affairs in the case of MRD, and the Ministry, in the case of the MPWT. In addition, as per the TOR, recommendations have been made for the restructuring of the HR systems and a Framework for HR Policy has also been suggested for both the Ministries. Capacity Building Actions are concerned with, primarily Training – including Training policy and pedagogy, and recommendations have been made with regard to a more sustainable Capacity Building Strategy.

Sub-section 1 Recommendations

1. Recommendations on Restructuring of the Ministry of Public Works and Transport are summarized as follow:

• The functions of Public Works and Transport are recommended to be combined at all levels – from the national level downwards.

• The geographical country of Cambodia is to be divided in terms of Three Zones, ZONE 1 (all provinces located between Tonle Sap and Coastal Region), ZONE 2 (all provinces located between Tonle Sap and Mekong River) and ZONE 3 (all provinces located east of Mekong River). The Ministry would be administering each of these Zones as integrated Transport Sector Zones. Each Zone will be a General Directorate and be headed by a Director General of Public Works and Transport.

• The General Directorate of Administration and Planning to be bifurcated into two General Directorates, the General Directorate of Management Services, and the General Directorate of Technical Services.

• Each of the two new General Directorates [Management Services and Technical Services] to have additional functional responsibilities.

• Centralized functions of Procurement and Environment Social Office, with representations down to the Provincial level, have been introduced.

• A new function of Technical Audit, which addresses issues of Technical Operational Audit, Technical Evaluation and Standards Interpretation and Guidance, has been introduced.

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• Recommendations have been made on streamlined Accounting Information flows.

• At the Zonal level, it is proposed that there is a representation of all the major central functions.

2. Specifically, it is also recommended that the Ministry’s mission be restated as follows:

i. To prepare long, medium and short term plans for the development and management of the Transport Sector, in manner consistent and aligned with the overall National Plans and Plans prepared by related Ministries

ii. To develop strategies to encourage the development of the Transport Sector in general and to formulate plans such that the different Regions and Provinces of the country may fully participate in the economic growth of the country

iii. To develop strategies to encourage investments by all stakeholders into the Transport Sector

iv. To develop Regulations for the Governance of the Transport Sector and to promulgate and implement the same following due process

v. To plan, design, execute or cause to be executed, and maintain or cause to be maintained, transport infrastructure in the country, including all Roads, Bridges, facilities for using inland waterways, ports whether sea or inland river

vi. To work with concerned Ministries/Institutions in formulating cross-ministerial and coordinated strategies and policies leading to all-round economic growth and identifying priorities for investment both public and private in order to maximize effectiveness of service delivery and utilization of resources-both internal and external

vii. To collaborate with Ministry of Economy and Finance in Budget Allocation and Budget utilization exercises

viii. To coordinate with Donor Agencies and Lending Institutions as well as Foreign Governments in promoting investments in the Transport Sector and in planning and executing projects leading to socioeconomic development of the country, its Regions, and its provinces

ix. To conduct necessary surveys and studies in the implementation of its tasks.

x. To obtain, update, and manage all Statistical information related to the Transport Economy in the Kingdom of Cambodia.

xi. To ensure participation of non-state actors and agencies in matters that concern civil society in general

xii. To make available to the civil society such information regarding the Ministry’s plans, projects, and manner of executing and maintaining its assets, as may be considered to be in the natural domain of public information

xiii. To ensure that all Environmental and Social Safeguards as per Best Practice in the world, are complied with, within the economic and financial capacity of the Government of Cambodia

xiv. To carry out other tasks that are assigned and entrusted by the Royal Government of Cambodia.

3. The detailed structure of the Ministry is recommended to be as follows:

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1 . At the Central Level

• General Directorate Management Services, which consists of

• Department of Finance and Accounts

• Department of Human Resources

• Department of Training

• Department of Procurement

• Department of Administration

• Department of Legal Services

• General Directorate of Technical Services, which consists of

• Department of Planning

• Department of Design and Supervision

• Department of Environmental and Social Safeguards

• Department of Technical Audit

• General Directorate of Public Works and Transport of ZONE 1

• Department of Public Works of Zone 1

• Department of Transport Zone of 1

• Department of Railways

• General Directorate of Public Works and Transport of ZONE 2

• Department of Public Works of Zone 2

• Department of Transport Zone of 2

• Department of Railways

• General Directorate of Public Works and Transport of ZONE 3

• Department of Public Works of Zone 3

• Department of Transport Zone of 3

• Department of Railways

• Directorate of Inspection

• Financial Inspection Unit

• State Owned Enterprises

• Cabinet of the Minister

2. At the Local Level

• Provincial Departments of Public Works and Transport

• District Bureau of Public Works and Transport

4. The General Directorate of Management Services, headed by a Director General and assisted by a number of Deputy Director Generals as necessary, shall perform the

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following Tasks, through its Departments as stated, within the overall Mission and Tasks of the Ministry of Public Works and Transport:

The Department of Finance and Accounts, responsible for

• Strategic Finance and Budget, which includes, but may not necessarily be totally limited to

o Medium and Long-term Investment and Revenue Expenditure Plans and projections

o Financial Evaluation of Projects,

o Budgets and Budgetary Control,

o Funds flow management

o Preparation of Financials for all Investment projects

o Costing of Service Delivery,

o Concurrence of financial contracts above stated Threshold

o Preparation of Annual Financial Statements

o Maintaining Relationships with the Ministry of Economy and Finance

• Project Accounts, which includes, but may not necessarily be totally limited to

o Maintaining all Books of Accounts for Multilateral and Bilateral Agency funded Projects

o Preparing all Financial Statements for Projects as per Donor/Lender requirements as also as per Ministry’s internal requirements

o Submission of Project Financial Statements to Authorities and Agencies

o Providing assistance in the Audit of Project Accounts

o Processing of Funded-project related payments

• Ministry Accounts, which includes, but may not necessarily be limited to

o Planning and Budgeting for Ministry Revenue Expenditures

o Maintaining Books of Accounts for all Revenue Expenditures of the Ministry in terms of Public Expenditure Law and related Financial Rules of the Government

o Consolidation of all revenue expenditure information flowing upwards from provinces through the Zones, at the central level

o Financial concurrence on Government funded projects

• Assets Management, including, but not necessarily limited to

o Develop and maintain a database of all fixed assets of the ministry

o Value all the fixed assets of the ministry

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o Establish conditions for conditional assessment of the assets

o Establish benchmarks for periodic and routine maintenance

o Update data on physical condition of assets

o Send maintenance early warnings to all concerned departments

o Incorporate budgets for periodic and routine maintenance and major repairs in the database against each individual asset

o Incorporate actual expenditures for periodic/routine maintenance and major repairs in the database against each individual asset

• Financial Administration, which includes, but is not necessarily limited to

o Cash Management

o Processing of Cheques

o Salary Payments

o Advances processing and payments

o Internal communication on financial matters

o Other tasks as may be assigned

The Department of Human Resources, responsible for

• Personnel Administration, including maintenance of Service Registers and other personnel documentation and communication on personnel matters

• Recruitment, including manpower planning, succession planning, obtaining of necessary approvals, and the complete range of actions and activities comprising the recruitment function

• Compensation and Benefits, including wage and salary administration and processing, overtime and other benefits processing and verification, processing of requests for other financial and non-financial benefits and emoluments, developing and processing of proposals for wage and salary revisions , Pay and Grading exercises, etc.

• Performance Evaluation and Growth, including performance appraisal exercises for all employees, promotions and upgrades, and also recommendations on disciplinary actions

• Counseling and Grievance Handling

The Department of Training, which shall have the following functions:

• Planning and Execution of Training including, but not limited to

o Training Plans Development

o Negotiations with Service Providers and individual Faculty

o Preparation of Training Materials

o Execution of Training Programs

o Training Database

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o Surveys and Tracer Studies

• Training Administration and Logistics Office, shall be responsible for

o Payments to Faculty

o Other payments for Training Programs

o Program Support

o Logistics

The Department of Procurement, which shall have the following tasks:

• Procurement – Government Funded Projects, functions will include

o Preparation of Procurement Plans

o Preparation of Bid-documents

o Tendering

o Bid-evaluation and Reports

o Contracting Arrangement

o Registration and Licensing of Suppliers and Contractors

• Procurement – Multilateral and Bi-lateral funded Projects, functions will include

o Preparation of Procurement Plans

o Negotiations with Funding Agencies

o Preparation of Procurement Activity Schedules

o Preparation of Bid-documents

o Preparation and publication of Invitations for Expressions of Interest, and their Evaluation

o Preparation and circulation of Requests for Proposals and Requests for Quotations

o Evaluation of Technical and Financial Bids

o Obtaining of necessary approvals

o Contracting Arrangement

o Contract Management for Supply of Goods and Services as deemed necessary

The Department of Administration, having the following functions:

• General Administration, including

o Management and distribution of all Ministry documents

o Reporting on Ministry activities to other Authorities

o Management of Transport Pool

o Registration, Licensing , and issuance of permits to Cross-border transport operators

o Internal Coordination between Ministry Directorates and departments at various levels

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o External Coordination, including relationships with other

Ministries and Government entities, and with Foreign bodies, Governments and Agencies

o Protocol and Public Relations, including arrangements for all official functions and events, relationships with media, issuance of Press Releases, Media documentation, etc.

• Information Services, including

o Developing and regularly updating user requirements of information with respect to the whole of the Ministry

o Developing and regularly updating information inputs from various user departments and others

o Setting up and maintaining security firewalls and access rules

o Developing and preparing and circulating reports as per user requirements

o Preparing and sending reports as per needs of external agencies

o Developing and maintaining comprehensive database of Ministry activities including physical and financial progress of projects, budgets and budget execution figures, etc.

o Developing and maintaining a Fixed Assets Register

o Developing and regularly updating database on road maintenance

o Developing and regularly updating project-wise data on safeguards compliance

o Regularly updating and broad-basing of Ministry website

o Others as may be added

The Department of Legal Services, with responsibilities that include

• Regulations Development, including the development and obtaining of necessary approvals on Regulations regarding Road Privatizations, Licenses, Traffic management, Traffic Safety, Encroachments on Government land and causing obstructions to traffic flow, operators of private transport services, railway regulations, etc.

• Opinions and Vetting including providing opinion on all legal matters with which the Ministry is concerned.

• Legal Compliances, including ensuring that the Ministry is complying with all legal requirements in terms of project execution, obtaining of legal permissions wherever and whenever needed from whatever other Authority, following up on Court cases, etc.

5. The General Directorate of Technical Services, headed by a Director General and assisted by a number of Deputy Director Generals as necessary, shall perform the following Tasks, through its Departments as stated, within the overall Mission and Tasks of the Ministry of Public Works and Transport:

The Department of Planning shall have the following functions

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• Preparation of Long-term, Medium-term, and Short-term Strategic Plans for investment for both public works and transport services

• Collation of Zonal Annual Plans, prepared by the Zonal Planning units as well as the Department of Planning at central level itself to match with Medium Term Plans and Three Year Rolling Plans

• Preparation of Projects for Funding Support including mapping and primary alignment determination, and coordination with Department of Design to obtain technical design and cost estimations.

• Coordination with Aid/Funding Agencies

• Economic Evaluation of Projects

• Consolidation of Capital portion of Budget

• Coordination with Parliamentary bodies and other Ministries as required

• Coordination with other Technical Planning and Policy making bodes in the Transport Sector in other countries and in Regional and International organizations, and participation in technical meetings at international level

The Department of Environment and Social Safeguards (with additional responsibilities of ensuring compliances with safeguards concerning HIV/AIDS and Mines/UXO)

• Review of projects and sub-projects with regard to environmental and social issues before they are cleared for tendering and implementations

• Ensuring that costs of environmental and social management and mitigation measures have been properly taken into account at the time of project preparation and providing concurrence thereon. This step would be mandatory before financial concurrence on any project or sub-project can be taken.

• Ensuring that Monitoring and Evaluation measures with regard to Environmental and Social safeguards are working properly and to receive and review necessary reports in these regards.

• To conduct monitoring and evaluation exercises on its own initiative with a view to ensuring that ground level reports are authentic

• To suggest and recommend measures to Strategic Planning Function by which environmental and social risks could be mitigated.

• To provide compliance reports to Agencies and other entities as may be required.

• To provide assurance to the policy making body and the executive body with respect to compliance with safeguards

• To coordinate with the Ministry of Environment and such other related agencies or ministries as may be necessary.

• To ensure that Compliances with regard to HIV/AIDS and Mines/UXOs are mandatorily made.

The Department of Technical Audit, shall have the following functions,

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• Technical Operational Audit during construction and at completion of project works

• Standards interpretation and Guidance

• Provision of professional Expert Advice to other Departments and Ministries on civil construction

• Technical concurrence and ratification of Designs for governmental and non-governmental agencies and bodies as per Regulations issued in this regard by the Ministry

• Technical ratification of Estimates for the Ministry

• Resolution of Technical disputes for the Ministry as well as other governmental/non-governmental Agencies and bodies, on such terms as may be decided

• Technical Knowledge management for the MPWT

The Department of Technical Drawing and Design will be responsible for

• Technical Design

• Costing and Estimation

• Designs for civil infrastructure proposed in projects prepared by the Department of Planning and their costing

6. There are recommended to be Three (3) General Directorates of Public Works and Transport, namely, General Directorate of Public Works and Transport of Zones- 1/2/3. Each General Directorate shall be fully responsible for carrying out the functions and service obligations of the Ministry in its provinces as defined below. Each General Directorate shall be headed by a Director General and assisted by Deputy Directors General, as deemed necessary. The Zones themselves are recommended to be comprise of provinces as follow:

• Zone 1 (South Zone) comprising all provinces/cities of Phnom Penh, Kandal, Takeo, Kampot, Kep, Preah Sihanouk, Kampong Speu, Koh Kong, Kampong Chnange, Porsat, Batdombang, and Pailin.

• Zone 2 (Central Zone) – comprising all provinces between Tonle Sap and Tonle Mekong including Kampong Cham, Kampong Thom, Preah Vihear, Siem Reap, Oddor Meanchey, and Bantey Meanchey

• Zone 3 (East Zone) – comprising all provinces to the East of Tonle Mekong including Svay Reing, Prey Veng, Kratie, Mondol Kiri, Ratanak Kiri, and Steng Treng

7. Each one of the Zonal General Directorates shall have the following functions, to be performed through its designated Departments:

Department of Public Works Zone 1, 2 and 3 shall have the following functions in all provinces and cities of Zone 1/2/3:

• Construction and maintenance of all Highways, National Roads, Other National Roads, Provincial Roads and District Roads, including bridges, and infrastructure that is directly linked to roads, including signage, roundabouts, street furniture, etc. as also public conveniences on all Roads. Maintenance function will also include supervision of PPP arrangements where existents

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• Construction and maintenance of all infrastructures directly related to the use of Inland Waterways including jetties, quays, etc.

• Construction and maintenance of infrastructure related to Air Transport, in coordination and cooperation with the relevant agencies

• Planning and Design/ functions at Zonal level; this will include making annual plans, as well as physical plans taking into account ground conditions at project sites and preparation of technical designs for detailing as per approved designs and plans received from the central departments.

• Monitoring and evaluation of Safeguards Compliance related to Environment and Social matters

• Asset management including Roads, equipment and motor vehicles of whatever description belonging to the Ministry at the Zone

• Finance and Accounts related to Projects as well as regular Revenue expenditure, in terms Rules and Guidance as set by the central accounts and finance function

• Procurement at the Zonal levels in terms of thresholds set by the central procurement department

• Administrative functions of supervision and coordination with local/provincial departments of public works and transport for all public works issues.

• Coordination with other departments and directorates of the government, including protocol and public relations functions as may be delegated.

Department of Transport Zone 1/2/3 shall have the following functions in all provinces and cities of Zone 1/2/3:

• Administrative functions of coordination with provincial offices and with other departments and directorates of the government, including protocol and public relations functions as may be delegated

• Licensing and Registration with regard to road, water and sea transport

• Regulation of traffic, transport activities and private transport operators, road and waterways safety and roadside construction

• Finance and Accounts related to all project as well as revenue income and expenditure in terms of rules and guidance as set by central office.

The Department of Railways Zone1/2/3, which shall have the following functions

• Preparing detailed project plans for the revitalization of the Royal Railway of Cambodia

• Executing programs for revitalization of the existing Railway organization

• Coordinating with other Railway bodies in neighboring countries to open up the railway sector for passengers and freight

• Implementation of regulations as may be adopted by the Ministry, for Railway operations,

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• Initiating the process for privatization of the railway system

• Operating the railways until privatization process is complete

• Regulating the railway operations after privatization

8. The General Directorate of Public Works and Transport of Zone 1 will have, in addition to the Departments as stated in paragraph 7, the Department of Merchant Shipping (Sea). The responsibilities and functions of the Department of Merchant Shipping will be as follow

• Developing detailed strategies, programs, and action plans for the development of merchant shipping in Cambodia in line with Sector Plan for Transport

• Implementing above strategies, programs and action plans after obtaining approvals from Competent Authority through due process

• Implementation of Regulations governing the merchant shipping sub-sector, and taking actions for ensuring Compliance with the same

• Making recommendations on policy for merchant shipping development and regulation following due research, and in line with overall Sector Plan for Transport

• Promulgation of required Technical Documents and Formats

• international and regional maritime cooperation:

• making and proposing technical base for international and regional maritime cooperation;

• managing international and regional maritime cooperation;

• managing bilateral agreements on maritime transport cooperation;

• negotiating international maritime transport arrangement;

9. The current functions of the Directorate of Inspection of the Ministry of Public Works and Transport are not recommended to be changed

10. The Cabinet of Minister is responsible for coordinating all the tasks of the Ministry for and on behalf of the Minister following the sub-decree No 20 S.D dated 30 April 1996 on the organization and the functioning of the Ministries and Secretariats. No change is recommended.

11. The Provincial/Municipal Departments of Public Works and Transport shall report to the corresponding Zonal organization of the Ministry as defined in the paragraphs above. The structure and functions of the provincial organizations had earlier been stated in Prakas No 344 dated August 31, 2001. That Prakas may be suitably modified and re- issued by the Ministry in view of these recommendations, but no change is recommended as of now.

12. The status of the current State-owned enterprises reporting to the Ministry is not recommended to be changed.

13. The organization and functions of the Financial Inspection Unit are not recommended to be changed.

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14. The Existing Departments and Offices under General Directorate of Public Works,

General Directorate of Transport, General Directorate of Planning shall be divided and suitably allocated to new organization structure. Details on possible reallocation are provided in the relevant Annex to this Document on Restructuring of MPWT.

Sub-Section 2 Implementation Guidelines

1. Implementation of the above recommendations needs to proceed, first, according to a laid down time-table. A suggested time-table is given below:

Step Timeline

1- Agreement on the proposal from the policy level.

3 months from start

2- Preparation of detailed TOR and job description for each senior position.

+1 month

3-Identification of persons for the head of each major function.

+1 month

4- Recruitment of persons for positions that cannot be filled up internally.

+2 months

5- Comprehensive detailing of procedures, delegation of powers and information flows and obtaining approvals on the same

+2 months

6- Preparation of detailed training and capacity building plan. Part of the current assignment is the preparation of a medium term and a long-term plan of training and capacity building with suggested measures for assurance of sustainability.

+3 months

7- Detailed consultations with each head of function to establish manpower requirement for each function and each unit under each function.

+2 months

8- Preparation of detailed TOR and job description for each position.

+4 months

9- Identification of persons for each position through internal selection.

+2 months

10- Recruitment of persons for positions that cannot be filled up internally.

+2 months

11- Execution of the training and capacity building plan in stages.

+4months

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12- Comprehensive consultations at every level to see that information flows, procedures, etc are working properly.

+3 months

13- Handholding for a stipulated period of time. +36 months

2. The important point to be noted is that implementation of the suggested structure itself is not enough. There have to be considerable changes in the Business Processes of the Ministry. It has already been remarked that line departments are weak and business processes are also weak. It is not therefore sufficient to confine attention to structural changes and redeployment/recruitment of personnel. What is necessary is to take each major business process in the ministry, and streamline it, at the same time building the capacity of the personnel concerned to adopt the process as restructured, and to do so in a manner that assures effective service delivery. The help of a Consultant may be taken in this regard. Of course, internal consultancy is also an option, but this will then require training a few officers of the ministry to become internal consultants. Under the current circumstances, and given the current structure of salary and incentives, this appears to be difficult.

3. Existing personnel and departments may be re-adjusted/redeployed in terms of the new structure. A table showing how this can be done is given below:

EXISTING BECOMES NEW

BECOMES NEW

BECOMES NEW

EXISTING

General Directorate of Public Works

General Directorate of Public Works and Transport Zone 1

General Directorate of Public Works and Transport Zone 2

General Directorate of Public Works and Transport Zone 3

General Directorate of Transport

Department of Public Works Zone 1 (former RID)

Department of Public Works Zone 2 (former HEC)

Department of Public Works Zone 3 (former DAI)

Department of Roads

Office of Roads, Zone 1

Office of Roads, Zone 2

Office of Roads, Zone 3

Heavy Equipment Center

Office of Equipment and Asset Management, Zone 1

Office of Equipment and Asset Management, Zone 2

Office of Equipment and Asset Management, Zone 3

Department of Waterways

Office of Inland Waterways Infrastructure, Zone 1

Office of Inland Waterways Infrastructure, Zone 2

Office of Inland Waterways Infrastructure, Zone 3

Department of Air Infrastructure

Office of Air Infrastructure, Zone 1

Office of Air Infrastructure, Zone 2

Office of Air Infrastructure , Zone 3

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Finance Office Finance Office Finance Office

Procurement Office

Procurement Office

Procurement Office

Office of dministration A

Office of Administration

Office of Administration

Environment and Social Safeguards Office

Environment and Social Safeguards Office

Environment and Social Safeguards Office

Other Offices [New]

Planning and Design Office

Planning and Design Office

Planning and Design Office

Public Works Research Center

Renamed and Attached to General Directorate of Technical Services

Department of Transport Zone1 (former DT)

Department of Transport Zone 2 (former DWT)

Department of Transport Zone 3 (former DW)

Office of Road Transport, Zone 1

Office of Road Transport, Zone 2

Office of Road Transport, Zone 3

Department of Road Transport

Office of Water Transport, Zone 2

Office of Water Transport, Zone 3

Department of Water Transport

Department of Merchant Marine

Department of Merchant Marine

Finance Office Finance Office Finance Office Other Offices (New) Office of

Administration Office of Administration

Office of Administration

4. The plan for reorganizing the administrative functions is given below:

EXISTING BECOMES NEW BECOMES NEW

General Directorate of Administration and Planning

General Directorate of Management Services

General Directorate of Technical Services

Department of Human Resources

Department of Human Resources

Department of Planning and Investment

Department of Planning and Investment

Environment and Social Office [under Department of

Office of Environment and Social Safeguards [under Department of Technical

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Planning] Audit, see below]

Technical Research Design and Supervision

Department of Administration Department of Administration

Accounting and Finance Accounting and Finance

PIU of different projects [under PW]

Accounting and Finance(Accounting function for projects)

5. It should also be noted that there are certain risks in implementation. A list of risks and suggested mitigation measures are given below:

Implementation Step Risk Suggested Mitigation Measure

Risk Rating

That the policy level will not agree with the timing and may want to postpone all decisions related to restructuring to a future date

A champion must be found at the senior level of management as well at the policy level to push reforms through

H

That the policy level will not agree to substantially change the Ministry structure, as proposed

A strategy of convincing the senior level first and then gradual exposure of the policy level to the implications of the reforms must be made

M

That the policy level y decide to do away

with some of the essential functions as envisaged in the proposal

maA strategy of convincing the senior level first and then gradual exposure of the policy level to the implications of the reforms must be made and then executed

M

Agreement on the Proposal from Policy level

That the policy level may decide to implement the proposal piecemeal, i.e., implement only those parts which, in its opinion are the least controversial or troublesome at the current stage

A fall-back strategy by which a phased implementation of the proposal will not upset the essential rationale of the reforms must be prepared beforehand and kept ready to be executed if required

H

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That there will be directions from level external to the executive level to assure a one to one relationship of executive functionaries with persons at the policy level

The roles and relationships of the policy level body and the Executive Body must be specified first and the policy level convinced of their validity. Only those job descriptions and TOR that require policy endorsement should be taken to that level, in keeping with the spirit of decentralization

H

Td

hat the TOR and job escriptions will be

altered to reflect policy level concerns and not executive level imperatives

A strategy of making the Executive Board functional in the first instance, may be adopted and ratifications on TOR and job descriptions obtained from the Executive Board in the first instance

M

Preparation of detailed TOR and job description for each senior position

That TOR and job descriptions made would become such that no suitable persons would be found in the Ministry or elsewhere in the Government.

The internal vetting by the Executive Board will do away with needless complexities in these regards

M

That very few persons would be found whose qualifications and experience match those required

Attempt should be made to identify as many as possible with alternates, instead of adopting a policy of ‘this or no one else’

M

That a majority of persons identified are not willing to take on ‘extra burden’ of work as it appears in their perception

A strategy of counseling should be adopted, explaining to candidates the advantages and future prospects

M

Identification of persons for the head of each major function That persons identified

demand salaries and perquisites which the government cannot pay

Ministry may take up the constitution of Priority Mission Groups concurrently, since most of the units will work with very specific focus towards very clear objectives, so that it is possible to provide incumbents with higher salaries. MBPI, if and

H

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when it is implemented will also serve to assist the increase of salaries of identified government servants, and should be kept in mind.

Recruitment of persons for positions that cannot be filled up internally

That those persons recruited refuse to join due to low levels of salaries and perquisites

Ministry may take up the constitution of Priority Mission Groups concurrently, since most of the units will work with very specific focus towards very clear objectives, so that it is possible to provide incumbents with higher salaries. MBPI, if and when it is implemented will also serve to assist the increase of salaries of identified government servants, and should be kept in mind.

H

That there is a delay in the process of detailing which prolongs the whole exercise

A detailed plan and schedule needs to be prepared early enough, and in anticipation of policy level ratification, and is to be put into effect as soon as approvals are received

L

That there is a delay in the process of obtaining approvals that delays all

ther processes so that ersons who have been

recruited cannot really rk

op

wo

Approvals should also be obtained in phases, and clearly delineated in terms of those that require EB approvals only and those which need to go above. Not all requests for approvals are to be presented together

H Comprehensive detailing of procedures, delegation of powers and information flows and obtaining approvals on the same

That the government refuses to sanction decentralization and delegation of powers so that the whole purpose of creating a decentralized structure gets defeated

This contingency should be anticipated at the very beginning, i.e., at the time of getting the reformed structure approved, and the principles on which the reformed structure is based should be clearly stated while obtaining the approvals from the policy levels

H

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Preparation of detailed training and capacity building plan

That the plan is too ambitious and will require larger resources for sustainability than the government is willing to afford

The plan should be prepared in draft form in terms of two or three alternate scenarios and there should be enough flexibility within the plan to detach or add modules as may be required

L

That consultations get into a logjam because of demand for manpower is too high

Enough prior work needs to be done to garner evidence and data on the manpower levels currently, on actual basis, and the required levels in the new structure, for the purpose of convincing the heads of functions to examine their own rationality in demanding more manpower

L Detailed consultations with each head of function to establish manpower requirement for each function and each unit under each function

That there is an unanticipated delay in arriving at consensus on the manpower because while some persons are in position, others are not

A schedule with fall-back options will be prepared

L

Preparation of detailed TOR and job description for each position

That there is delay in finalizing the TOR and job descriptions which leads to a lot of positions remaining unmanned for a long time

A detailed scheduling with set benchmarks and timelines needs to be prepared L

That very few persons would be found whose qualifications and experience match those required

Alternates are to be searched. Also, alternates must be identified keeping the possibility of building needed capacity, in mind

M

That a majority of persons identified are not willing to take on ‘extra burden’ of work as it appears in their perception

A strategy of counseling should be adopted, explaining to candidates the advantages and future prospects

M Identification of persons for each position through internal selection

That persons identified demand salaries and perquisites which the government cannot pay

Ministry may take up the constitution of Priority Mission Groups concurrently, since most of the units will work with very specific focus

H

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towards very clear objectives, so that it is possible to provide incumbents with higher salaries. MBPI, if and when it is implemented will also serve to assist the increase of salaries of identified government servants, and should be kept in mind.

Recruitment of persons for positions that cannot be filled up internally

That those persons recruited refuse to join due to low levels of salaries and perquisites

Ministry may take up the constitution of Priority Mission Groups concurrently, since most of the units will work with very specific focus towards very clear objectives, so that it is possible to provide incumbents with higher salaries. MBPI, if and when it is implemented will also serve to assist the increase of salaries of identified government servants, and should be kept in mind.

H

Execution of the training and capacity building plan in stages

That training and capacity building cannot proceed as per plan because people are not in position

The training and capacity building strategy and consequent schedule must have sufficient flexibility, and if needed, modules must be repeated

M

That there is a delay in arriving at consensus

Regular monitoring meetings with the authority of the EB must be held and EB may be requested to hold persons accountable

M

Tspproceddiscontflo

hat there is a delay in ecifying flows,

ures, etc. causing inuities in work

w

A clear schedule of deliverables on these accounts must be prepared sufficiently in advance

L

Comprehensive consultations at every level to see that information flows, procedures, etc are working properly

That there is a delay in implementing identified flows and procedures causing pile up of work

Implementation must be done in terms of a specified schedule and regular monitoring at the level of the EB should be done

M

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Handholding for a stipulated period of time

That there is a lack of resources for funding this activity

An exercise for obtaining funding must be started as soon as basic approvals are received from the policy level

L

L=Low Risk M=Medium Risk H=High Risk

The overall risk is Medium. However considering that certain crucial items are of High risk, it is recommended that the Senior levels of management consider the risk mitigation strategies for those items in detail and arrive at workable strategies, after convincing themselves that the proposal overall is doable.

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Section 2 Organizational Interventions-MRD

Sub-Section 1 Recommendations

1. It is suggested that there be a Standing Committee at the level of the General Directorate. The Committee may be called the Committee for Strategy and Coordination. The Director General would be the Chairman of the Committee and all Deputy Directors General and concerned Directors would be members of the Committee. Director Administration would act as the Secretary to the Committee.

2. The functions of the Committee for Strategy and Coordination would be as follow:

• Covert the Ministry plans into strategic action-plans • Approve of re-prioritization of actions where needed • Approve of Reports to donors and to Government before submission to

Minister • Deal with problems of coordination between executing departments and

between executing departments and others • Approve of annual action plans before submission to the Minister • Address issues of supply, procurement, personnel etc. as needed • Others as may be decided

3. The various functional units within GDTA of MRD are recommended to be classified as (a) Strategic Functions, (b) Staff functions, and (c) Executive functions.

4. The Strategic Functions would be

• Planning and Design • Monitoring and Evaluation • Coordination

5. The Staff functions would be

• Finance • Procurement • Environment and Social Safeguards • Information Collection, Collation, Archiving, and Reporting [ICCAR] • Administration [including logistics]

6. Existing Departments are recommended to be reorganized in terms of the following: This will only need some retitling and reallocation of intra-departmental functions.

1. Department of Rural Roads. This Department will have the following Offices and Sections:

• Road Restoration, Construction and Maintenance Office o Maintenance Scheduling Section o Community Road Maintenance o Tertiary Roads Survey and Construction

• Technical Monitoring and Technical Audit o Technical Monitoring and Audit o Analysis and Reporting

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2. Department of Rural Water Supply. This Department will have the following Offices and Sections:

• Clean Water Office o Well Drilling o Hand Dug Wells o Pump Installation and Repair

• Small-scale Irrigation & Energy o Execution of small-scale Irrigation schemes o Execution of small-scale Energy schemes

• Technical Analysis and Reporting o Technical Audit and Analysis o Technical Reporting

3. Department of Comprehensive Rural Economic and Community Development. This Department will have the following Offices and Sections:

• Non-Agricultural Product identification, development and marketing support Cell

• Agricultural, fisheries and Horticultural products and derivatives identification, development and marketing support Cell

• Cooperatives and cottage industries business development • Economic Analysis Cell • Rural Credit • Adult literacy, Vocational Skills Development and Business

Development Skills Training Cell • Community and Artisan Groups Cell • Grievance Redressal Section • Government and aid fund Grants Allocation and Utilization • Control Section for Non-governmental organizations

4. Department of Rural Health Care. Under this department, the following Offices and Sections are to be included:

• Family Welfare and Planning o Mother and Child care o Family hygiene o Family Nutrition

• Community Health o Communicable Diseases o Mental Health o HIV-AIDS and others o Prevention of Epidemics

• Environmental Sanitation o Environmental hygiene o Water Use and hygiene o Solid waste removal and disposal o Effluent removal and disposal

• Safe Water o Safe drinking Water

• Extension workers’ deployment and training o Health Education Extension Workers’ Training

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o Health Education Extension Workers’ Deployment

5. Department of Information, Education and Communication. This Department does not exist as a separate department at present. It is proposed that, in view of the importance of IEC, a new Department be constituted, with the following Offices:

• IEC materials development • IEC materials printing and publishing • IEC campaign detailed planning • IEC campaigns – Training section • Social Impact assessment Section • Special Studies and analyses • IEC project execution

7. The specific function of Planning and Design needs to be elaborated upon.

• Comprehensive Village Development Plans • Technical and Financial Project Planning • Annual Planning and Project Scheduling • Technical Design • Survey and Research • Technical and Financial Evaluation

The relationship between the Offices as proposed and the functions as they exist is shown in the Table below:

Table

Relationship between proposed Planning and Design Offices and Functions/ Offices as they exist currently

Proposed Office Combining Existing Offices/

Functions Remarks

Comprehensive Village Development Plans

New Basically this office will combine the plans of all the separate departments addressing core programs and create comprehensive plans for village development, removing overlaps and optimizing costs in the process. This Office will also do basic planning for IEC for each Comprehensive project

Office of Technical and Financial Project Planning

New The functions of this office will be to take approved comprehensive village development plans and create separate projects with necessary technical and financial details. This Office will be in charge of doing

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detailed IEC planning for projects

Office of Annual Planning and Project Scheduling

Plan preparation Section [DRR Planning and Statistics Office], Planning Section [DRHC, General Affairs Office], Planning Section [DRWS, Planning Office], Planning Section [DCD, Planning and Finance Section under General Affairs Office], Planning and Reporting Section [DRED, Planning and Reporting Section]

Currently, the planning sections in the various offices of the various departments basically perform only basic scheduling and tabulation work in terms of projects already decided upon. The proposed office will convert Strategic plans [which are medium term] into Annual Plans and schedule projects and project related actions. This office will also be responsible for making mid-stream corrections as may be decided upon by the Committee on Strategy and Coordination. This Office will also create IEC projects on annual basis.

Office of Technical Design Design function [DRR, Survey Design and Construction Section of the Research and Development Office], Surface Options Section [DRR, R&D office], Soil Laboratory Section[DRR, R&D Office], Design function [DRWS, Clean Water Office], Design function [DRWS, Small-scale irrigation and energy Office, Survey and Design Section]

This Office would be charged with all Technical Design as may be required under any core program of the GDTA

Office of Survey and Research

All offices dealing with Survey and Research in all the Departments of the GDTA. This will also include the Offices for Market Survey, price survey and so forth currently under DRED

The purpose of combining here is to encourage the culture of multi-disciplinary Survey teams visiting project areas or specific villages and working together to obtain a complete planning baseline picture of the project area

Office of Technical and Financial Evaluation

New There is no specific section dealing with Technical or Financial Evaluation of projects. This is particularly necessary for projects that are concerned with economic development or market-oriented projects.

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8. Monitoring and Evaluation function has also become fragmented in terms of the

existing structure. The basic functions of the unit would be to

• Create and continually develop a framework for monitoring and evaluation

• Carry out monitoring function for all projects from project initiation to project completion, technically, financially, and also in terms of compliance with established procedures as well as delays on account of procedures or other administrative or other reasons.

• Make counter-checks on compliance with environmental and social safeguards compliance.

• Monitor projects according to established Results Framework as may have been agreed upon for [especially] aided projects.

9. Coordination. The function of the Coordination department will be to ensure that all projects as envisaged proceed in a seamlessly integrated manner. Coordination function will have the following sections

• Internal Coordination – operations and staff functions • External Coordination – donors, auditors, other Directorates, etc

10. The Information Services Department is recommended to have the following functionc:

• Document Processing and Archiving • Report preparation and Circulation • Systems management

The Information Services Department will essentially prepare and process documents and field reports, reference them, and circulate appropriate consolidated and collated reports. The two sections on document processing and report preparation will perform these tasks. The Systems Management Office will be in charge of the hardware and software of the computer system in the GDTA

11. The Environment and Social Safeguards Department is recommended to have the following Offices:

• Environmental Evaluation and Safeguards Compliance Monitoring Office

• Social Safeguards Evaluation and Compliance Monitoring Office

Each of these Offices will evaluate all bid-documents from the point of view of environment and social safeguards compliance, and would also inspect all project works to ensure that all safeguards are being complied with in practice.

12. The Administration and Logistics Department will be in charge of personnel matters including attendance etc. and will also look after such issues as transfers, personnel records. The other functions would be the management of vehicles, allocation of drivers, and so forth, and management of Stores and inventory. The functions under this Department will be

• Administration and Personnel • Logistics and Deployment • Stores

These staff functions need to be replicated in the provinces. At the provincial level though, a small number of personnel would probably suffice. A typical provincial structure would then include an Administrative Support Cell, which would be made

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up of one or two persons in each of the Staff functional areas of Finance, Administration, Procurement and Information Services.

Sub-Section 2 Implementation Guidelines

1. Implementation guidelines for restructuring of GDTA are proposed in the Table below:

Issue/Recommendation Timeframe Risks Mitigation

Adoption of Restructuring Proposal at the level of the Minister

1 month Minister may not accept proposal as is and need changes which may or may not be aligned with the basic assumptions of the proposal

Proper presentation to be designed and presented to the Minister, explaining the origin and assumptions of the proposal, and to make changes as per desire of Minister without changing basic design parameters

Drafting of sub-decree 15 days Sub-decree has to be drafted carefully in order to avoid overlaps arising from semantic differentials

A small group of not more than two persons may be set up to examine the basic draft and its translation on a page by page and Article by Article basis.

Promulgation of sub-decree 1 month Since the sub-decree has to be approved by the Prime Minister, there may be delays beyond the control of the Ministry

Regular follow-up from the top management level

Setting up of Strategic Committee

1 week Capacity of all the personnel included may not be as per desire

Policy to be evolved in consultation with Minister

Setting up of Rules of Business of Strategic Committee

2 weeks No risk is envisaged

Detailing of job descriptions of all offices under the

1 month Conflicts may arise where existing jobs are reassigned or

A proper consultation mechanism must be

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Departments new jobs are given, established which should function on a regular basis and be available for advice. Special task force for doing this work must be appointed for the purpose with a time bound task

Issuance of Prakas 1 week No risk is envisaged since the Prakas is to be signed by the Minister, and he would be requested to issue the Prakas after having agreed to the sub-decree

Identification of key personnel 2 weeks Right kind of personnel may not be available for the key positions, and recruitment may be difficult

A fall-back plan involving short term or contractual recruitment as also Secondments from various departments as well as other ministries may be prepared

Detailing of job descriptions for key functionaries

2 weeks Conflicts may arise as in the case of job descriptions of various offices

A proper consultation mechanism must be established which should function on a regular basis and be available for advice. Special task force for doing this work must be appointed for the purpose with a time bound task

Setting up new Business Processes and Rules

3 months Internal resources may not have required capacity to do the tasks required. Procurement of external resources may take time

Plan for obtaining external assistance for this may be made early on, and negotiations for necessary funding should also be made early on.

Adoption of Rules 3 months Resistance to change may delay matters

Clear manuals for adoption of business processes as

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redesigned must be prepared and training programs must be conducted on regular basis within each of the departments

Setting objectives and targets for key departments

1 month Resistance may come from the departments saying everything is new for them. May not accept new objectives and targets easily, thus delaying overall process

Setting of objectives and targets needs to be an inclusive one. This approach may be adopted from the very beginning to avoid conflicts arising out of vested interests or otherwise, later on.

Identification of products from key departments

As Above As Above As Above

Training and Capacity Building

6 months Training Plans may not be completed on time. Trainers for on the job training and mentoring in new business processes may not be regularly available. Lack of motivation on the part of employees may retard progress of capacity building

Training Plans should be initiated as soon as Prakas is issued. Training department must work together with the external consultant during formulation of business processes. Training department itself should prepare a plan for internal information, education and communication exercise to be conducted regularly

Handholding and Mid-stream corrections based on Feedback from field

8 months Resources for finding handholding partner may not be available on time

Resource generation exercise needs to be conducted from the top level from early on.

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3

Technical Interventions-Road Assets Management

Section 1 Technical Issues in Road Asset Maintenance

Overview

This section discusses the Technical Issues in Road Asset Maintenance. Currently there are the following Guidelines, mandated against the Prakasas mentioned against each. Comments on (a) general issues, and (b) technical issues are provided in this section. The Guidelines were prepared with the help of experts from JICA, and incorporate both ASTM and AASHTO standards, and they have been customized to suit Cambodian conditions.

Guideline Prakasa providing Authority

Guideline for Supervision of Routine Maintenance

No 121 of 02 May, 2008

IB Performance Evaluation As Above

Guideline for Repairing of Roads As Above

Guideline for Regular Inspection As Above

Guideline for Periodic Maintenance As Above

Sub-Section 1 Recommendations

A. General Comments on the Guideline for Routine Maintenance

Comment 1: The Table of Contents needs to be reorganized. The Table is sequenced from the top [Supervisor downward] whereas it should be sequenced from the bottom]. Accordingly, Sections are to be reorganized as follow

Existing No of Section Suggested New No

1 1

3 2

3-1 2-1

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3-1-1 2-1-1

3-1-2 2-1-2

3-2 2-2

3-2-1 2-2-1

3-2-2 2-2-2

2 3

2-1 3-1

2-1-1 3-1-2

2-1-2 3-1-2

2-2 3-2

2-2-1 3-2-1

2-2-2 3-2-2

2-3 3-3

2-3-1 3-3-1

2-3-2 3-3-2

2-3-3 3-3-3

2-4 3-4

2-4-1 3-4-1

2-4-2 3-4-2

3-3 4

3-3-1 4-1

3-3-2 4-2

4 5

Comment 2: Under Objective [existing section 1] it is stated that ‘…by properly spending the Budget approved b the MEF and disbursed by the National Treasury’. This statement totally ignores the role of the MPWT itself in monitoring and controlling budget execution. The message to the Supervisors and DPWT is therefore misleading. This needs to be corrected appropriately.

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Comment 3; Under Objective [existing section 1] it is stated that ‘…if improper points are found, the supervisors shall comment and request the DPWT to review and change’. This is an incomplete and misleading statement. If impropriety is found then responsibility must be fixed and the person held accountable. In cases of major impropriety, disciplinary action must be taken. Further, reviewing and changing involves cost, and where there is a restriction on the budget, leaving the total responsibility to the DPWT does not show the concern of the Supervisor for extra costs. This needs to be changed

Comment 4: Under Duty of Supervisor [existing section 2] it is stated that ‘supervisors shall make a summary of monthly progress report submitted by the DPWT, in order to watch the progress of routine maintenance in the country’. This statement is incomplete because the responsibility of the Supervisor cannot be limited to paper evaluation only. There is not mention in this Guideline of the role of the Supervisor in physically inspecting the state of roads before and after the DPWT has carried out his job. This is also in contradiction to the responsibility of the Supervisor as per existing section 2-2-2.

Comment 5: Under Section 2-1-1, Work Plan, there is no provision for emergency repairs, and how cost is to be met for the same.

Comment 6: Under Section 2-1-1 (b) it is not stated when the Yearly Work Plan is to be revised.

Comment 7: Under Section 2-1-1, no provision has been made or shown for prioritization, in case projected routine maintenance program costs exceed budget allocation.

Comment 8: Under Section 2-1-1 (c) it is stated that the Monthly Work Plan should answer the question ‘does the plan accord with the initial or revised Yearly Work Plan?’. This statement is not clear. In case the monthly Work Plan is for a month when the revised Work Plan is in effect, obviously the previous plan of work for the month would need to be revised, and new priorities and new action sequencing will have to be done. There is no provision that the Supervisor may issue guidelines or instructions to do the same.

Comment 9: Under Section 2-2, it is stated that ’all quality control procedures of material shall be in accordance with MPWT standard or related specification’. It is to be noted that this refers only to Standards or Specification. No Guidance is available to the Supervisor under this clause as to what action is to be taken in case of receipt or acceptance of defective material.

Comment 10: Under Section 2-3-2, reference is made to Appendix-B. There is no Appendix B with the published Guideline.

Comment 11: Under existing section 2-3-2 (f) specific reference now needs to be made to Environmental and Social Safeguards compliance and the appropriate formats may be taken from the Standard Guidelines on Environmental and Social Safeguards and attached to this Guideline.

Comment 12; Under Section 3-1-1, Forms 1, and 2, No guidance is provided for the basis of estimation of routine maintenance work and no guidance is also provided for the Supervisor to verify the basis of calculations.

Comment 13: Form 8 attached to the Guideline does not indicate the relationship between material procurement schedule and the monthly work plan.

Comment 14: Given the conditions in Cambodia, other than monthly and Yearly work plans, there must be a Work Plan for the rainy season and another for the fair season. The requirements of materials and money must be aligned with the beginning of the fair season and separately the Supervisor must be instructed to see that all resources are available at that point of time.

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Comment 15; Budget Management Form-7, needs to be extensively revised. There is no space for signature for concurrence and approval on the form.

Comment 16: A Format that directly links Physical and Financial Progress needs to be designed and implemented.

Comment 18: There are no analytical forms for the supervisor, and no forms which can be used to independently verify expenditure.

B. IB Performance Evaluation

Comment 1: The Performance Evaluation Guideline does not have any rating for Compliance with Environmental Safeguards

Comment 2: The Guideline does not have any rating for Compliance with Social Safeguards

Comment 3: Rating methodology for Program/Planning Tool is inadequate and does not measure what it is supposed to measure. The narrative description of each level of rating does not fit with the need.

Comment 4: The Performance Evaluation criteria do not have provision for mid-stream corrections requested, carried out or not, and evaluation and feedback thereon.

C. Guideline for Repairing Defects of Roads

1. Purpose of this Guideline No change required.

2. Outline of Defects 2.2 Potholes (1100, 1160 and 1170) D) Remedies Replace the sentence “ Cut away wearing course and apply a new asphalt mixture and compact” with the following new sentence. “Cut the asphalt wearing course pothole in proper geometric shape with vertical cut edges and apply the same type of existing asphalt wearing course JMF mix to fill in pothole and compact.”

3. How to Repair Crack and Potholes No change required. It may be the same.

3.1 How to Repair Crack ( 1 ) Equipment and Material for Repair Work Table 2: Material – Item No. 1 and 2 Replace the data in the Remarks column of the following categories:

No. Material Remarks

1. Bitumen Grade (60 – 70) Maximum temperature for heating 180o C

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2. Bitumen Grade (80 – 100) Maximum temperature for heating 180o C

3.2 How to Repair Potholes

( 1 ) Equipment and Material for Repair Work

Table 4: Material – Item No. 9, 10 and 11

Replace the data in the Remarks column of the following categories;

No. Material Using Remarks

9 CSS - 1 Use for prime coat Maximum temperature for heating 70 – 80o C

10 CSS - 2 Use for surface dressing

Maximum temperature for heating 70 – 80o C

11 Bitumen Grade (80 – 100)

Use as prime coat or Surface dressing

Maximum temperature for heating 1800 C

4. Prevention Measure for Defects All the required prevention measures are included. No change required.

Guideline for Regular Inspection

1. Purpose of Inspection No change required. The same may be applied.

2. Target of Inspection No change required. The same may be applied.

3. Method of Inspection No change required. The same may be applied.

4. Interval of Inspection No change required. The same may be applied.

5. Member for Inspection No change required. The same may be applied.

6. Instruments for Inspection Table: 1 Instruments for inspection

Add the following data in the existing Table 1 Instruments for Inspection:

Instrument Purpose

3 meter straight edge To measure and record the ruts depth in the wheel tracks of vehicles and depressions depth in local ares.

7. Items to be inspected No change required. The same may be applied.

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8. Preventive measures to traffic accident

No change required. The same may be applied.

9. Preventive measures to traffic accident No change required. The same may be applied.

10. Judgment and Record No change required. The same may be required.

11. Report system No change required. The same may be applied.

E. Guideline for Periodic Maintenance

1. Purpose of this Guideline No change required at present. It may be applied.

2. Definition of Periodic Maintenance No change required to all sub-clauses. It may be applied.

3. Policy for Supervision of Periodic Maintenance No change required to all sub-clauses. It may be applied.

4. Duty of Supervisor No change required to all sub-clauses. The Material Quality will conduct by the International Standards, Specifications and Practices. All the work execution procedure will follow 2003 MPWT General Specifications. It may be applied.

Appendix

5. Summary of the Requirement of Approval Field Test and Lab Test Under the list of Minimum Approval Requirements for Materials , Quality of Concrete Requirements table , Add the missing data in the following categories in the Contractor laboratory tests results. Contractor is missing to add the Slump test result of Concrete Class D. Slump test result is one of the important quality control test for checking concrete workability. The slump test value shall be within the given MPWT Special Technical Specifications. Accept / Reject of the concrete shall depend on the slump test results of the Contractor’s concrete delivered to site. It is also recommended to complete the Contractor’s laboratory tests results for Concrete Class E and Class F.

Class of Concrete D E F

Strength at 28 days 22.5 Mpa

Cement Content 300 kg/m3

Cylinder 150 x 300 mm

Slump

Guideline for Inspection of Periodic Maintenance is prepared as the International Standards Specifications and Practices. But some few points mentioned in the above highlighted clause and the contractor's laboratory tests results table should be updated.

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Sub-Section 2 Implementation Guidelines

1. A Technical Committee should be formed to look into the comments as made above and make changes as required.

2. Some of the Guidelines need to be substantially altered, include the Guideline for IB Performance Evaluation. Too many evaluation criteria are included in the Rating system, and these need to be broken up. For this purpose the Technical Committee may seek the help of outside experts.

3. Feedback indicates that at the ground level, the standards are not being properly applied. This implies that monitoring system especially with respect to use of materials and financial progress, needs to be considerably strengthened.

4. Financial supervision system appears to be weak, and the Guidelines do not provide sufficient indications on how proper checks and balances are to be instituted. It is therefore suggested that a Financial Management Expert should be asked to look into these issues and recommend as appropriate.

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Section 2 Technical Environmental Guidelines

Sub-Section 1 Recommendations on compliance with Environmental and Social Safeguards

1. In Cambodia, there is no consolidated guideline for compliance with Environmental and Social Safeguards. At the same time, as per the stipulation of the World Bank and other multilateral funding agencies, the Borrower has to ensure compliance with safeguards as mandated. This implies setting up of a proper mechanism for compliance assurance.

2. As per the TOR, separate volumes of Standard Environmental and Social Safeguards Guidelines have been prepared and the same are presented as an Annexed Volumes to this Report. The said Standard Guidelines also include the necessary Formats and reports that are to be prepared in order to assure Environmental and Social Safeguards Compliance.

3. However, the important issue here is to set up appropriate administrative and evaluation machinery. The present machinery, in both the ministries, is not up to the mark, and manning is less than what is desired. Therefore the recommendation is to set up the Department of Environment and Social Safeguards [DESS] in the MPWT with qualified personnel, and in the MRD, to establish the Environment and Social Safeguards Department [ESSD] and strengthen it. These issues have been discussed in more detail in the Annexes dealing with restructuring of the MPWT and the General Directorate of Technical Affairs in MRD.

4. Besides setting up the units, it needs also to be ensured that they are manned with qualified personnel and that such personnel are provided with necessary inputs from time to time to see that they are up to date with current knowledge of their subject as well as guidance and mandates from international agencies. These aspects form the core of the sustainable capacity development strategy and are dealt with the Chapter dealing with the same.

5. It should also be noted that the Guidelines need translation, and so do the formats and Notes. Given that the Guidelines are textually sizeable, such translation will take some time. It is also important that the translation be done only after an official English version has been adopted. Simultaneously, given the fact that the number of translators who can do technical translations in Khmer, is quite limited, a suitable technical translation committee perhaps needs to be set up to address this issue.

6. Finally, it also needs to be noted that no Guidelines are written on stone. As such these Guidelines will also need to be updated and modified from time to time. Explanations and clarifications may be added from the concerned departments themselves under suitable authority of the Departmental head. However, more substantive changes, incorporating modifications and/or change in Best Practice worldwide, will need the intervention of a suitably manned Task Team and it is the responsibility of the Ministry to constitute the same at least once in three years and thereafter to incorporate the recommendations in the Standard Guidelines.

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Sub-Section 2 Implementation Guidelines

1. Implementation of the general recommendations on the Guidelines for compliance with Environmental and Social Safeguards, may be seen in terms of three important criteria (a) setting up the machinery, (b) training and building capacity, and (c) making available the required formats and documents to the executing officers. At the ground level, however, the three criteria must be approached in the reversed order.

2. Implementation timeframe and guidelines are shown in the Table below.

Recommendation Timeframe Implementation Issue

Adoption of the Guidelines 2 months • Formal vetting of the initial version after receiving comments and incorporating the same

• Issuance of Prakas to formalize the adoption

• Circulation of official English version

Translation of Guidelines 4 months • Selection of appropriate Technical Translator

• Translation

• Chapter by Chapter review of translation

• Formal approval of Khmer Version

• Issuance of Official Khmer Version

Setting up of implementation machinery

3 months • May proceed simultaneously with issuance of Guidelines and their translation

• Formal Prakas to set-up and/or restructure existing unit[s] for dealing with Safeguards issues

• Identification of personnel from internal sources and posting them to the Safeguards unit[s]

• Hiring of personnel from outside to fill those positions that remain vacant

• Identifying basic business processes and codifying them

• Circulation of the mandate of the Safeguards unit[s] to all the

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executing units

Training and Capacity building [initial phase]

5 months • May proceed as soon as some personnel have been identified for the unit[s]

• Hiring of Consultant for Training and Capacity building, and also for business process engineering, exclusively for the Safeguards Unit[s]

• Internal training programs for unit personnel

• Detailing of job descriptions and responsibilities

• Detailing of all business processes

• Mentoring and on the job training

• Handholding for stipulated period of time

Evaluation of output effectiveness and taking remedial action where necessary

6 months • This phase may proceed simultaneously with the previous phase, and be co-terminus with the activities of handholding

• Main issue would be to set up mechanism to see quality of output for ensuring compliance, and the applicability of the Guidelines in practice.

• Guidelines to be modified according to field level feedback and other stipulations from international bodies

• During this phase any new decisions of the Government concerned with Safeguards would be included in the Guidelines

• Remedial action at the Safeguards unit level or at the field level, or at the procurement level to be designed and taken and feedback on remedial action also to be taken.

Section 3 Monitoring and Evaluation System

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Sub-Section 1 Recommendations on M&E system for Road Assets Management

1. An effective Monitoring and Evaluation system is an integral part of good project management practice. It assists the project director and project manager to assess the actual progress of the project and take corrective measures, and enables them to deliver the intended outcomes to quality, within time and within budget.

2. A review of the existing processes shows that while there are extant systems, these are not being used effectively. The causes for the same seem to be (a) low budgetary allocations leading to incomplete and truncated works, (b) absence of a disciplined approach to maintenance, and (c) insufficient data and unfamiliarity with systems.

3. The ministry has overall responsibility for monitoring for project evaluation on an annual basis starting from project baseline, including collecting the data. The monitoring data will be integrated into the routine of the ministry departments and reported to the Project Manager who will consolidate the half-yearly and annual reports. Ministry also has the responsibility to evaluate the outcomes of:

1. The effective use of the rehabilitated national and province road network in support of the economic development in the country. The improvement of institutional and technical capacity of the ministry for road maintenance planning, budgeting and operations and the strengthening of maintenance activities by the end of the project.

2. Periodic Maintenance of National and Local Roads by end of the project. 3. Royal Government of Cambodia (RGC) budgets for road maintenance by end of

the project. 4. Capacity skills assessment of ministry trained staff improvement by end of the

project. 5. Institutional and Road Management Capacity by such as, improved maintenance

planning, budgeting and operations to effectively manage, expand and strengthen maintenance and road safety activities and preserve road assets by the end of year three of the project.

6. In Technical Capacity Development, the improved technical capacity for maintenance operations to effectively manage, expand and strengthen maintenance and road safety activities by the end of the project.

7. Private sector Development such as, maintenance activities strengthen through increase the use of private sector (private contractors) at least 25% of routine and periodic maintenance works of the value are performed by private contractors.

4. MPWT has already developed a geographical database developed from the 2004 Location Referencing and Condition Survey (LRCS). In conjunction with its associated applications, this supports the MPWT Road Management Decision Support (RDMS) system. This two system will improve the preparation of maintenance program and budget. Current basic data will need for monitoring and evaluating the requirements for road asset management.

5. The existing LRCS and RDMS systems are recommended to use on Monitoring and Evaluation for Road Asset Management. It will support to evaluate the output of maintenance works, the outcomes such as traffic growth and reductions in vehicle

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operating costs by collecting and putting data on regular basis. However, a detailed baseline survey activity is required for updating data by MPWT.

6. MPWT personnel have already been trained and have experiences with the applications of LRCS and RDMS systems. PRIP may assist in developing a permanent capacity within MPWT to undertake Monitoring & Evaluation activities and also to provide refresher programs for the purpose.

7 In view of the considerations expressed in paragraph 3 above, a proper M&E system for Road Asset Management for both the Ministries should have the following parameters for Reporting:

Activity Parameter Responsibility for Data

Sent to Use of data

Baseline Survey Road Conditions on Technical Parameters, Road usage and Traffic, Status of land on roadsides, other environmental and social factors, etc.

Task Force to be set up – assisted by temporary field assistants for data collection

Zone, and Ministry headquarters

Building up baseline road asset database; used by information services department, GDTA, DESS, DOP and others both for planning and budgeting and for determining criteria for evaluation of project effectiveness

Classification of Roads as per baseline survey as to frequency and intensity of maintenance required

Technical properties and conditions, social and other environmental factors

DOP with inputs from DESS/ESSD and Technical Audit [ in case of MPWT]

All Zones and Provinces [for MPWT], for DRR and Strategic Committee for MRD

Classification data will be used for determining annual budgets for Routine Maintenance and Periodic Maintenane

Budgets for construction and maintenance

Financial and costing factors

DOP with inputs from Finance and DESS/ESSD

General Directors

Preparation of Expenditure Plans

Monthly Reports on Progress of Works

Technical and other parameters as set for specific road sections based on classification

Originate from the site engineers

Zonal headquarters [Roads and other Departments as the case may be], DESS/ESSD,

Progress of Works

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and Finance and Accounts [for financial reports]

Quarterly Inspection Reports

On all parameters as set at the time of contracting out including environmental and social safeguards compliances

Inspections conducted by (a) Field teams from DESS/ESSD, and (b) Operational Technical Audit Team from Technical Audit Teams from Technical Audit Department of MPWT

Reports sent to DESS/ESSD and Zonal General Directorates, and consolidated there. For MRD, reports to be consolidated by M&E Department. Consolidated Reports to be presented to (a) Strategic Committee of GDTA of MRD, and (b) All General Directors of MPWT and Secretaries of State and Minister

Evaluation of performance and Service Delivery

Annual Physical Audit

Audit parameters to be both technical and non-technical and should include a social survey to gauge public perception of Service Delivery

Special Audit Party to be set up annually. Audit party should be interdisciplinary in nature

Ministers and senior functionaries and DOP

Review of performance during the year and planning for next year including administrative actions to be taken for improvement of performance and service delivery

Sub-Section 2 Recommendations on M&E system for Environmental and Social Safeguards Compliance

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1. In the case of Cambodia, particularly in the Ministries of Public Works and Transport

and Rural Development, the current issue is lack of personnel resources for monitoring of implementation of safeguards. This is combined with the lack of Standards in environmental management. While there is an ongoing debate about the use of ‘country systems’ to deal with the issue of lower income group countries incurring a very high cost of environmental management [even where the investment comes from a donor, there is an extremely high cost of capacity building], nevertheless, given everyone’s right to have a clean and healthy environment means that country systems as such cannot dilute Standards to a very great extent. It is therefore important to have country specific standards and these should be specified clearly. In Cambodia certain standards are of course being applied, but these are hardly country specific.

2. A major reason for non-performance in terms of implementation measures and lack of

effectiveness in monitoring is that all the relevant costs are sometimes not taken into account. Implementations of mitigation measures mentioned in the EMP do involve an initial investment cost as well as recurrent costs. Whether due to lack of awareness or lack of capacity, documents that were consulted on the Rolling Three Year plan for the MPWT did not show any costs for the implementation of mitigation measures or even monitoring costs. Obviously, the situation needs to be remedied. It was also noticed that clear outputs and outcomes were not stated in many of the statements on environmental and social impacts of projects and sub-projects. This by itself would make monitoring difficult.

3. The purpose of the monitoring programme is to ensure that the envisaged purpose of the project is achieved and results in desired benefits to the target population. To ensure the effective implementation of the EMP, it is essential that an effective monitoring program be designed and carried out. The environmental monitoring programme provides such information based on which management decision may be taken during construction and operational phases. It provides basis for evaluating the efficiency of mitigation and enhancement measures and suggest further actions that need to be taken to achieve the desired effect.

4. Monitoring includes:

• Visual observations;

• Selection of environmental parameters at specific locations

• Sampling and regular testing of these parameters.

5. The Objectives of environmental monitoring programme are:

• Evaluation of the efficiency of mitigation and enhancement measures;

• Updating of the actions and impacts of baseline data;

• Adoption of additional mitigation measures if the present measures are insufficient;

• Generating the data, which may be incorporated in environmental management plan in future projects

6. Monitoring methodology covers the following key aspects:

• Components to be monitored;

• Parameters for monitoring of the above components;

• Monitoring frequency;

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Monitoring Institutional Responsibility Env.

Component Project Stage

Parameters Special Guidance Standards Location Frequency Duration Implementation Supervision

Construction Stage

SPM, RSPM, SO2, NOX, CO,

High volume sampler to be located 50 m from the plant in the down wind direction.

As prescribed by MOE

Hot mix Plant / Batching Plant

Quarterly for three years

Continuous 24 hours or for 1 full working day

Contractor through approved monitoring agency

PIU/ESO

SPM, RSPM

High volume Sampler to be located 40 m from the earthworks site downwind direction.

As prescribed by MOE.

Stretch of the road where construction is in progress at the site

Quarterly for three years

Continuous 24 hours or for 1 full working day

Contractor through approved monitoring agency

ESO/PIU Air

Operational Stage

SPM, RSPM, SO2, NOX, CO,

High volume sampler to be located 50m from the plant in the downwind direction.

As prescribed by MOE

Major urban areas or as decided by PIU- Envi Expert

Three times in a year for one year

Continuous 24 hours or for 1 full working day

ESO/PIU ESO/PIU

Water Quality

Construction Stage

PH, BOD, COD, TDS, TSS, DO, Oil & Grease and Pb

Grab sample collected from source and analyze as per Standard Methods for Examination of Water and Wastewater

Water quality standards by as prescribed by MOE

Major urban areas or as decided by PIU- Envi Expert

End of summer before the onset of monsoon every year for 3 years

-

Contractor through approved monitoring agency

ESO/PIU

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Component Project Stage

Parameters Special Guidance Standards Location Frequency Duration Implementation Supervision

Operation Stage

Flooding and Cleaning of drains/water bodies

Flooding locations to be identified and choked drains, water bodies under going siltation and subject to debris disposal should be monitored under cleaning operations

Water quality standards of MOE and cleaning shall be to the satisfaction of the PIU

Major urban areas or as decided by PIU Envi Expert

Thrice in monsoon and post-monsoon seasons in a year for 1 year

- ESO/PIU ESO/PIU

Construction Stage

Noise levels on dB (A) scale

Free field at 1 m from the equipment whose noise levels are being determined

Noise standards by MOE

At equipment yards

Once every month (max) for three years, as required by the engineer

Readings to be taken at 15 seconds interval for 15 minutes every hour and then averaged

Contractor through

approved monitoring

agency

ESO/PIU

Noise Levels

Operation Stage

Noise levels on dB (A) scale

Equivalent Noise levels using an integrated noise level meter kept at a distance of 15 m from edge of Pavement

Noise standards by MOE

As directed by the Engineer)

Thrice a year for 3 years during the construction period

Readings to be taken at 15 seconds interval for 15 minutes every hour and then averaged.

ESO/PIU ESO/PIU

Soil Erosion Construction Stage

Turbidity in Storm Water

Silt load in ponds, water

---- As specified by the PIU, Water quality standards of MOE

As specified by the engineer /PIU

Pre-monsoon and post-monsoon seasons for 3

---- Contractor ESO/PIU

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Component Project Stage

Parameters Special Guidance Standards Location Frequency Duration Implementation Supervision

courses years

Operational Stage

Turbidity in Storm Water

Silt load in ponds, water courses

----

As specified by the engineer PIU, Water quality standards of MOE

As specified by the engineer PI U,

Three times a year for one year

---- ESO/PIU ESO/PIU

Plantation of trees

Construction as well as Operational Stage

75% Plant Survival

The success of tree planting. Rate of survival after six months, one year and 18 months in relation to total planted

-

All along the project corridor

Maintenance for three to five years after plantation

-

NGO, and

ESO/PIU ESO/PIU

Construction Sites and Construction Camps

Construction Stage

Monitoring of:

Storage Area Drainage Arrangements

Sanitation in Construction Camps

Guidelines 01, 02 but to be checked for adequacy.

To the satisfaction of the PIU and the Water quality standards given by MOE

At storage area and construction camps

Quarterly in the construction stage

---- Contractor ESO/PIU

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Consultant shall be on a quarterly basis. The PIU shall be responsible for preparing targets for each of the identified EMAP activities. All subsequent reporting by the contractor shall be monitored as per these targets set by the PIU before the contractors move on to the site. The reporting by the Contractor will be a monthly report like report of progress on construction and will form the basis for monitoring by the PIU, either by its own Environmental Officer or the Environmental Specialist hired by the Supervision Consultant.

11. Pre-Constructions Stage. The reporting from the Engineer in-charge to the PIU and from the PIU to the DESS, will be one of the arrangements relating with setting targets at the beginning of this stage of the Project. These activities need to be completed before the site can actually be handed over to the Contractor for the commencement of construction. The PIU will report on the following items in the pre-constructions Stage:

• Tree Transplantation

• Tree Felling

• Relocation of Utilities

• Cultural Property Relocation

• Bus Stop Relocation

• Relocation of Community resources -wells and hand pumps

12. Construction Stage. The construction period is a very crucial stage of a road project as it entails carrying out multiple activities. which are all, synchronised and dependant on each other and performance of one activity is bound to affect the other. The Environmental Management Action Plan (EMAP) need not only to ensure reporting on mandatory items such as quarrying and borrowing but should also ensure reporting on safety and health indicators at all work sites. The reporting system should so as to keep a check on use of child labour by contractors. The objective of reporting during the construction is not only progressive and compliance monitoring of the construction of the road but also a check on concerned environmental issues. The reporting at this stage is on

• Construction Stage Targets for Enhancement and Mitigation (One time reporting)

• Construction Stage Targets for Landscaping (One time reporting)

• Construction Stage Targets for Pollution Monitoring (One time reporting)

• Summary Reporting for Enhancement and Mitigation works.( Quarterly reporting)

• Quarterly Summary Reporting for Landscaping Works. (Quarterly reporting)

• Summary Reporting for Pollution monitoring. (Quarterly Reporting)

13. Contractor will be required to report to the PIU through the Engineer in-charge, on the following:

Targets before commencement of construction

• Temporary acquisition of Land for Diversion

• Setting up of Construction Camps

• Establishing Quarries

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• Establishing Borrow Areas

• Setting up Stock Yards

Construction Stage Targets for Enhancement and Mitigation

• Enhancement and mitigations of Cultural Properties

• Enhancement and mitigation of Water Bodies

• Enhancement and mitigation of Junctions

• Enhancement and mitigation of Bus Stops

• Enhancement and mitigation of Truck Lay-bys

• Provision of Access control gates

• Provision of Ramped Access to embankment

• Provision of Stepped Access to Embankment

• Provision of Sedimentation Chamber

• Provision of Chain link fencing

• Provision of Cascade and Gabion Structure

• • Provision of Barrier to prevent Garbage dumping

• .Enhancement and mitigation

Environmental issues during construction

• Pollution Monitoring

• Work Camp Hygiene and Safety

• Water used for Construction

• Dust Suppression at Stockyard

• Dust Suppression at Quarries

• Dust Suppression at Borrow Areas

• Construction time Road Safety at Temporary Bridge Diversions

• Construction time Road Safety during Partial Closure of Carriageway

Landscaping

• Landscaping

• Survival of Transplanted Trees

• Survival Reporting of executed Landscaping works

14. Technical details regarding environmental monitoring parameters as well as Reporting Formats are provided in the Standard Guidelines.

15. For Social Safeguards monitoring, the RAP must provide a coherent monitoring plan that identifies the organizational responsibilities, the methodology and the schedule for monitoring and reporting. The objective of monitoring is to provide feedback on implementation, and to identify problems and successes as early as possible to facilitate timely adjustment of implementation arrangements. Monitoring of RP implementation is of critical importance in all projects involving involuntary resettlement for several reasons: (1) resettlement is on the critical path on any project

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and can cause severe delays; (2) it affects people’s lives directly, and can cause severe hardship; (3) it is the main mechanism to alert management to delays and problems in implementation.

16. Role of PAPs in monitoring- Mechanism for PAPs to play effective role in monitoring process is essential to successful overall project monitoring. A direct channel for PAPs to voice their concerns, perceptions, and acceptance or rejection of project interventions is critical to successful implementation. Monthly meetings, focus group discussions, or other such participatory venues should be part of the implementation strategy, and thus the responsibility of the implementing agency. In addition to line agency’s interaction with PAPs, it is advisable to engage external consultants to contact PAP during monitoring, and to verify results of internal project reporting. The minutes of meetings should be recorded and the major issues raised communicated to the regular management review process. More systematic surveys may be used, perhaps on an annual basis, to obtain quantitative information about initial effects of project interventions.

17. Internal monitoring- During project preparation, and as part of the RAP, the implementing agency is required to develop a monitoring and reporting framework for resettlement activities. Central to this framework should be the census of PAPs and the inventory of assets that constituted the basis for the agreed RAP. The organizational unit responsible for project reporting on resettlement (project resettlement unit, where it exists) should oversee the progress in resettlement preparation and implementation through regular progress reports, submitted through normal channels, monitoring key indicators of finance, inputs and activities. The indicators for internal monitoring have been provided in the Standard Guidelines.

18. A proper Monitoring Plan for Social Safeguards will include the following:

Institutional arrangements to monitor resettlement activities by the implementing agency – internal and external monitoring arrangements.

Describe financial arrangements to carry out both internal and external monitoring arrangements.

Describe internal monitoring process and provide a list of monitoring indicators. Describe external monitoring process and provide a list of monitoring indicators. Describe frequency of reporting and content for both internal and external

monitoring. Describe process for integrating feedback from internal and external monitoring

into implementation. Evaluation of the impact of the resettlement for a reasonable period after all the

resettlement and development activities has been completed.

19. The actions that are required to be undertaken are

Plan the internal monitoring process. Prepare database on affected persons to ensure efficient monitoring and

evaluation of resettlement. Identify capable institutions for external monitoring. Determine the methodology for external monitoring. Identify key monitoring indicators for internal and external monitoring. Identify process for integrating feedback from internal and external

monitoring in to implementation.

20. External Evaluation Study. In addition to internal monitoring the monitoring agency should also conduct an evaluation study of severally affected PAPs to determine whether or not the objectives of the RAP in terms of restoration of incomes and living standards have been achieved. The methodology for the evaluation study should be based on the follow-up socio-economic survey to determine the impact of the project

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on income levels and living standards of the affected people who are severely affected by the project. Social and economic assessments of the results of delivered entitlements and a measurement of the income and standards of living of the PAPs before and after resettlement are integral components of this activity. This survey should be conducted following the same methodology as adopted for the inventory preparation. A sample TOR for hiring external evaluator has been provided in the Standard Guidelines.

21. The broad objectives of external monitoring include (a) providing project management with an effective tool for assessing ‘Resettlement and Rehabilitation Plan ‘ implementation at various stages and to identify problem areas and recommend remedial measures for efficient implementation of the policy, (b) assess the effectiveness of ‘income restoration’ and other rehabilitation measures for affected households/communities.

22. Evaluation Targets and Functions. The evaluation targets and functions will include the following:

• Review the existing baseline and data gather additional socio-economic baseline data, if necessary, on sample families which are entitled to receive compensation for all of their lost assets or for resettlement and rehabilitation;

• Evaluate implementation of the compensation policy and public information campaign;

• Identify and discrepancy between the policy requirements and actual practice, as well as any local level grievances;

Provide recommendations for improving implementation of policy.

23. Evaluation Indicators. Monitoring and Evaluation, whether internally or externally should focus on the following aspects:

a) Payment of Compensation

(i) Whether assessment of compensation for all types of affected assets, especially for affected land, is based on the current market values;

(ii) The compensation for affected structures should be equivalent to the replacement cost of materials and labour based on standards and special features of construction, and no deductions made for depreciation or value of salvageable materials;

(iii) Full payments to be made to all affected persons sufficiently before land acquisition

(iv) Payment of all the allowances to PAPs prior to the start up of civil works and their shifting to the new sites, where applicable

b) Linkage to Resettlement and Construction

(i) The completion of land acquisition and resettlement activities on a phase, section or sub-section of the project at least one month before the start of physical works on that phase, section or sub-section.

c) Provision of Resettlement Site

(i) Affected people who are entitled to land-for-land option and for relocation to a resettlement site and who opt for relocation to a resettlement site, should be consulted about the location of the site;

(ii) Site location, site design, infrastructure, and plot allocation should enable affected people to restore living standards;

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d) Provision of Training, Employment and Availability of Credit Assistance

(i) Training should be provided for one member of each eligible affected family who will be relocated, if the family chooses to opt for training;

(ii) The kind of training will depend on the preference of the affected person and the availability of a training course;

(iii) The option of post-training credit assistance should be provided to affected persons on the basis of low interest rates, and credit eligibility for otherwise ineligible groups such as women and low-income earners;

(iv) Training should be provided within three months of the date of relocation;

(v) Job placement to entitled persons should be provided within 2 months of the date of land acquisition

e) Public Consultation

(i) Affected persons should be informed and consulted about resettlement activities, such as implementation schedule for the project and shifting of PAPs from their present location, resettlement site design, location and plot allocation;

(ii) The monitoring team should attend at least one public consultation meeting each month to monitor public consultation procedures, problems and issues that arise during the meetings, and solutions that are proposed

f) Level of Satisfaction

(i) The level of satisfaction of affected persons with various aspects of the RAP should be monitored and recorded;

(ii) The operation of the mechanisms of grievance redress and the speed of redress of grievances should be monitored.

g) Standard of Living

(i) Throughout the implementation process, the trends of living standards should be observed and the potential problems in the restoration of living standards should be identified and reported

h) Awareness of Compensation Policy

(i) Public awareness of the compensation policy and their entitlements among the PAPs will be assessed;

(ii) Assessment of awareness of various options available to PAPs as provided for in the policy for land acquisition, compensation and resettlement.

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Chapter 4: HRD Framework and Policy

4

HRD Framework and Policy

Section 1 HRD Framework and Policy - MPWT

Overview

This section provides the recommendations and implementation guidelines for creating a proper HR framework and policy for MPWT.

Sub-Section 1 Recommendations

1. With a view to enhancing the institutional capacity, it is important to lay emphasis on the overall improvement of the Human Resource. This could be achieved in two ways-a) enhancing the capabilities of the existing staff by way of training and exposure visits and also providing good working conditions like the monetary- and non-monetary benefits; and, b) recruiting qualified and experienced staff. Considering the fact that these reforms are time consuming and there are also some unforeseen risks involved in the implementation, it is important that the ministry takes a cautious path in its implementation strategies.

2. Following is a summary of the recommendations

1) The service rule are to be formalized and all the employees have to be adequately educated on the service conditions,

2) Improving the attendance, creating a system of the electronic identity cards, disciplinary action on the erring personnel,

3) provide stable / better working conditions, increasing the monetary /non-monetary benefits to the employees, job security, predictability of modes of vertical mobility, to create improved working conditions,

4) Guidelines for the recruitment / training have to be more specific so that the subjectivity by the Hods is minimized,

5) Skill improvement in English language and communication, project planning and execution are very important,

6) Manpower Planning and succession Planning to be undertaken, setting up the grievance redressal cell in the Ministry,

7) Creating the database on the employees’ service registers (SRs) or Service Books (SBs) and the HoDs have to make periodical notes on the staff performance. These SRs need to be taken into account while promoting the employee to the upper grade,

8) Fixing the salary structures, benefits retirement conditions and preparing the statement of accounts on salaries / retirement benefits, social security

9) Preparing the activity Charts-monthly semi-monthly, annually and semi-monthly to the Ministry,

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Chapter 4: HRD Framework and Policy

10) HoD’s role to be strengthened- Preparation of recruitment rules and making them

transparent, involving the HoD in the process of recruitment and promotions.

Sub-Section 2 Implementation Guidelines

1. Guidelines for implementation of the recommendations is given below:

2.

Serial #

Recommendation Implementation guidelines (Time frame)

Risks involved Remarks

1 Service Rules The ministry should have proper service rules, updated from time to time. This needs to be done within a month.

Delays may lead to frustration and absenteism

Adequate publicity and training of the service rules has to be made

2 Attendance and Identity Cards

Each HoD has to ensure the attendance and review of employees’ performance. This has to be achieved within a month

Delays may lead to non-performance of the duties.

Timely reporting within the department has to be ensured.

3 Disciplinary action Abstaining from work is to be considered as the gross dereliction of duty and punishable. To be implemented within a month

Trade Union resistance is possible.

Counseling by the senior members of the department may be tried.

4 Stable and better working conditions

Monetary / non-monetary benefits play a role. In the short run, non- monetary benefits may be tried within a month. (In the long run, hiking the salary may be considered)

Private sector pays higher salary and better working conditions. The Department should gear up to this in the long run.

Non-monetary benefits would work in the short-run.

5 Skills need to be improved

Skills in English language and project management are to be acquired within 6 months.

Update it without incurring displeasure of the employees. Appraisals to be made.

Employees to understand the importance of this and cooperate with the HoDs.

5 Guidelines for the recruitment

These have to be done in a month.

Sudden introduction may cause shock in the short run.

Make the system more transparent and objective.

6 Succession plans and grievance

These would provide stability in the

Delays may lead to dis-

-

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redressal mechanism

performance of the employees and to be introduced in two months.

satisfaction and migration to the private sector

7 Database on the SRs

The work should start immediately within a month

Computerizing Provinces and getting them connected to the centre / training the staff may take time.

-

8 Salary structures This requires long term strategy of 3 to 4 years.

Donors have to agree, and the financial position of the Country also needs to be improved.

-

9 HoD’s role to be strengthened

Making the HoD more accountable for the performance from within a month.

HoDs need to be more objective and transparent.

-

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Chapter 4: HRD Framework and Policy

Section 2 HRD Framework and Policy - MRD

Overview

This section provides recommendations on the HR framework and policy for the MRD. In may ways these are similar to those already discussed for MPWT; however there are some significant divergences also.

Sub-Section 1 Recommendations

1. With a view to enhancing the institutional capacity, it is important to lay emphasis on the overall improvement of the Human Resource in MRD also. This could be achieved in two ways-a) enhancing the capabilities of the existing staff by way of training and exposure visits and also providing good working conditions like the monetary- and non-monetary benefits; and, b) recruiting qualified and experienced staff. Considering the fact that these reforms are time consuming and there are also some unforeseen risks involved in the implementation, it is important that the ministry takes a cautious path in its implementation strategies. In this section, the Consultants have summarized the recommendations and also analyzed the possible risks in implementation so that the policy makers would be able to dwell on the issues and make corrective steps for the implementation.

2. The recommendations in the case of MRD are along the same lines as those for MPWT, and are as follow:

a. The service rule are to be formalized and all the employees have to be adequately educated on the service conditions,

b. Improving the attendance, creating a system of the electronic identity cards, disciplinary action on the erring personnel,

c. provide stable / better working conditions, increasing the monetary / non-monetary benefits to the employees, job security, predictability of modes of vertical mobility, to create improved working conditions,

d. Guidelines for the recruitment / training have to be more specific so that the subjectivity by the HoDs is minimized,

e. Skill improvement in English language and communication, project planning and execution of the Projects are very important,

f. Manpower Planning and succession Planning to be undertaken, setting up the grievance redressal cell in the Ministry,

g. Creating the database on the employees’ service registers (SRs) or Service Books (SBs) and the HoDs have to make periodical notes on the staff performance. These SRs need to be taken into account while promoting the employee to the upper grade,

h. Fixing the salary structures, benefits, retirement conditions and preparing the statement of accounts on salaries / retirement benefits, social security,

i. Preparing the activity Charts-monthly semi-monthly, annually and semi-monthly to the Ministry; and,

j. HoD’s role to be strengthened- Preparation of recruitment rules and making them transparent, involving the HoD in the process of recruitment and promotions

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Chapter 4: HRD Framework and Policy

Sub-Section 2 Implementation Guidelines

1. Implementation guidelines are provided below

Serial #

Recommendation Implementation guidelines (Time frame)

Risks involved Remarks

1 Service Rules The ministry should have proper service and needs to be improved / updated within a month.

Delays may lead to frustration and absenteeism among the employees

Adequate publicity and training of the service rules has to be made.

2 Attendance and Identity Cards

Each HoD has to ensure the attendance and review of employees’ performance. This has to be achieved within a month

Delays may lead to non-performance of the duties.

It is reported that the MRD is preparing a comprehensive program of issuing the Identity Cards to its employees.

3 Disciplinary action Abstaining from work is to be considered as the gross dereliction of duty and made punishable. To be implemented within a month

Trade Union resistance is possible.

Counseling by the senior members of the department may be tried in the best interests of the Ministry.

4 Stable and better working conditions

Monetary / non-monetary benefits play a role. In the short run, non- monetary benefits may be tried within a month. (In the long run, hiking the salary may be considered)

Private sector pays higher salary and better working conditions. The Department should gear up to this in the long run.

Non-monetary benefits would work in the short-run. These need to be properly explained to the employees. Counseling is the best remedy.

5 Skills need to be improved

Skills in English language and project management are to be acquired within 6 months.

Update it without incurring displeasure of the employees. Appraisals to be made.

Employees to understand the importance of this and cooperate with the HoDs.

5 Guidelines for the recruitment

These have to be done in a month.

Sudden introduction may cause shock in the

Make the system more transparent and objective.

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short run.

6 Succession plans and grievance redressal mechanism

These would provide stability in the performance of the employees and to be introduced in two months.

Delays may lead to dis-satisfaction and migration to the private sector

-

7 Database on the SRs

The Department of Administration & Personnel has started the work, but it’s manual. Computerized system and connecting the Provinces should start immediately within a month

Fund Constraint is too serious. Training the staff also needed.

-

8 Salary structures This requires long term strategy of 3 to 4 years. Immediately, the non-monetary benefits may be made transparent and explained to the employees.

Donors have to agree, and the financial position of the Country also needs to be improved.

Counseling on the importance of the non-monetary benefits may be explained to the employees.

9 HoD’s role to be strengthened

Making the HoD more accountable for-- performance evaluation, promotions. This is to start immediately from within a month.

HoDs need to be more objective and transparent.

-

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Chapter 5: Training and Capacity Building

5

Training and Capacity Building

Section 1 Training and Capacity Building- MPWT and MRD

Overview

Training and Capacity building are a central theme for this assignment. As such, the recommendations on training and capacity building are made with a view to have a long term sustainable strategy for both MPWT and MRD.

Sub-Section 1 Recommendations on Training Policy and Training Infrastructure

1. The recommendations are as follow:

a. A detailed documented Training and Capacity Needs Assessment is to be done. This exercise should include needs assessment on the basis of entry level qualifications, post-entry training and formal education, job demands, and experience. It is essential to understand that a Needs Assessment can be either supply driven or demand driven. In the case of MPWT, it appears that there is need to have a demand driven Assessment. The impact of such an assessment is that there may be a number of persons who can turn out to be non-trainable, and for that a separate policy is to be formulated, before the exercise is done. The arguments in favor of a supply driven approach are that, as it is, there is a shortage of skilled and qualified manpower in the ministry. To adopt an approach whereby some of the existing personnel may be found to be unemployable is likely to further de-motivate employees. It should however be seen that it is better to have fewer qualified and skilled personnel than a whole lot of employees who are non-productive. Further, the restructuring recommendations, if accepted, will also demand higher levels of skills, and this must be ensured. This kind of a Needs Assessment is a specialized exercise, and it needs to cover every single employee. Thus adequate time must be given for this exercise, considering that in many cases, a questionnaire circulation approach may not be adequate and a structured/unstructured interview approach shall have to be taken. This exercise is to be conducted at least once in three years, with the inputs from the interim years of conducting of training and capacity building exercises taken into account.

b. A clear Training Plan needs to be prepared within a stipulated time. The Training Plan should include

• A detailed breakdown of the employees in terms of qualifications and experience, taking into account their post-entry training and/or formal education.

• Cross-categorization of employees in terms of training needs and qualifications etc. based on the Needs assessment exercise.

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• Possible routes for upward as well as lateral mobility for all the personnel so categorized

• Determination of job-skills requirement in terms of every stage of upward or lateral mobility for each category

• Gap analysis in terms of job-skills requirements and existing qualifications category-wise

• Breakdown of subjects for training in terms of required short-term inputs, and long-term capacity building inputs

• Inputs to be linked to processes for assessing application of skills to job performance and providing supportive input structure in on the job situations

• Range of subjects to be then systematized in terms of a quarterly, half-yearly, and annual plan for at least three years

• For each training program/seminar/workshop, number of persons to be intensively trained, and number of persons for exposure purposes only to be determined a priori.

• Training Plan must include alternatives for service-providers, including existing technical institutions in Cambodia and corporate training providers, and their probable costs

• The Plan must include an overall costing for the Training function, computed annually, and over a three-year period of time.

c. A core group of Trainers and Training Executives is to be created. The core group has to be appropriately educated in conducting the training function. The core groups may be set up within the existing Training function in the MRD and within the reorganized Training Department in the MPWT.

d. An initial library of training material needs to be built up in both MRD and MPWT

e. Appropriate infrastructure should be obtained. This includes classroom furniture as well as equipment and accessories.

f. An initial Training Budget, prepared in terms of in-house training to be provided by in-house instructors as well as visiting faculty, and costs of training on Secondment, is to be prepared as part of the regular budget of the Ministry[s]. Specialized training in terms of project requirements as envisaged in the different projects must be integrated with the overall training plan.

g. Training Policy. A Training policy answers the following issues:

Who can be trained on what. The Policy must state its reliance on the Training Needs Assessment exercise, and seek to avoid discretion and favoritism in training secondments as far as possible. Particularly, the policy should lay down bases for justification of making investments on the training of individuals and groups.

Training Fees to be paid to participants in training programs in terms of slabs

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Other allowances, such as daily subsistence allowance, travel

allowance, etc. applicable for each level of trainees

Rules for payment of honoraria to visiting Faculty

Minimum number of participants in an in-house program

Definitions of what should be called a Training Program, a Seminar, a Workshop, etc. Such definitions should include standards for Faculty input, participant briefing pre-program, expected learning objectives, session-wise feedback, use of feedback, etc.

Training Policy should specify the various learning technologies to be used, and the relative stress that is to be given on each kind of technology, considering the context of the Ministry. For instance, in the case of the MRD where very frequently a multi-disciplinary approach is needed, syndicate or group-working, and the use of management games could be a very productive approach.

Post-training activities, including feedback on application of learning, difficulties in application, desired support from training department, and training/knowledge circulars

Design of Certificates and Authority for issuance of certificates

Training protocol, especially for Inaugural and concluding sessions

Determination of Training costs, and cost recovery in certain cases

The Policy must emphasize the need to take advantage of synergies with training efforts in other ministries. For instance if the MEF is conducting training in Safeguards, it is not advantageous for either MPWT or MRD to simultaneously promoting a separate program on the same subject.

h. Training Seminars. The Training Department must from time to time conduct Seminary to inform all Department heads as well as top management about the training efforts made and the outcome of such efforts.

i. Development of Training Materials, especially case studies. The Training Department should make focused efforts to collaborate with field level officers and others in the development of case studies and other materials, which can be later used in the Training process.

j. Development of Trainers. Considering that the number of Faculty needed for training would increase in the future, the Training Department must separately prepare a plan to develop Trainers in various subjects, from in-house manpower resources. A special program for providing instruction in training techniques etc. will have to be formulated.

2. Capacity Building. As stated in the Section on consulting strategy, capacity building as a function is much wider in scope than training. Thus capacity building will include(a) Human resource development, the process of equipping individuals with

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the understanding, skills and access to information, knowledge and training that enables them to perform effectively, (b) Organizational development, the elaboration of management structures, processes and procedures, not only within organizations but also the management of relationships between the different organizations and sectors (public, private and community), and (c) Institutional and legal framework development, making legal and regulatory changes to enable organizations, institutions and agencies at all levels and in all sectors to enhance their capacities. For organizations, capacity building may relate to almost any aspect of its work: improved governance, leadership, mission and strategy, administration (including human resources, financial management, and legal matters), program development and implementation, fundraising and income generation, diversity, partnerships and collaboration, evaluation, advocacy and policy change, marketing, positioning, planning, etc.

3. It is therefore seen that in the long-run capacity building is a quite wide exercise and needs to be properly formalized on the basis of the evolving organizational work culture as well as professional and individual development of its functionaries. A proper Capacity-building strategy that is sustainable will therefore not only require a dedicated structure, but also a commitment from the top management to ensure its execution. A specific Plan for MPWT and MRD can however, only be developed after the restructuring exercises have taken their full course. Generally speaking, the Capacity Building Plan may be structured as follows

Element of Capacity Building Plan

Application to MPWT Application to MRD

Setting overall goals of capacity building

The main issue is that overall goals have to be set with respect to a given organizational structure. As of date the organizational structure is in a flux, therefore this can be done only after a revised structure has either been adopted or rejected

The main issue is that overall goals have to be set with respect to a given organizational structure. As of date the organizational structure is in a flux, therefore this can be done only after a revised structure has either been adopted or rejected

Identification of Gaps in capacity

As per Needs Assessment exercise

As per Needs Assessment exercise

Organizational Audit To be conducted for whole Ministry

To be conducted for GDTA

Strategy of dealing with existing functions in non-core areas

Non-core areas are few; therefore strategy for dealing with non-core functions can be formulated relatively easily

Non-core areas are quite a few; however, they may be remodeled and integrated with core functions, for which strategy will have to be formulated. Adoption of the

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restructuring proposal will largely ameliorate the situation

Prioritizing of Areas with respect to Primary Task of Ministry/General Directorate, and building links between high priority areas, and lower priority areas in such a way that overall effectiveness is increased, not reduced, by the method of prioritizing

The restructuring exercise was attempted with this primary objective in mind; however the detailed linkages still need to be built in terms of integrative business processes

The restructuring exercise needs to be further detailed in terms of this requirement

Determination of skill and capacity levels required to address the changed structure of tasks and changed linkages

A separate exercise needs to be done

Partly addressed through the implementation guideline for restructuring

Plan for building overarching skills and linked capacities

Not done, will need specific focused exercise

Not done, will need specific focused exercise

Redesign of Business Processes

Not done, will need specific focused exercise

Not done, will need specific focused exercise

Plan for building capacity at middle and lower levels in terms of Business Processes as redesigned

Not done, will need specific focused exercise

Not done, will need specific focused exercise

Measurement of effectiveness of Service delivery

Measures of effectiveness need to be set up

Measures of effectiveness need to be set up

Capacity building plan for increasing effectiveness of service delivery at point of delivery including training of lower level personnel

Not done, will need specific focused exercise

Not done, will need specific focused exercise

Strengthening of elements of decentralization

Once the Zonal administrative system is set up, this can be attempted

A separate plan for decentralization of the administrative system needs to be prepared subsequent to reorganization of functions

Plan for team building at various levels

Mechanisms for encouraging functionaries to perform

Mechanisms for encouraging functionaries to

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in teams need to be designed and implemented

perform in teams need to be designed and implemented

Sub-Section 2 Implementation Guidelines

1. Implementation guidelines are provided below.

Recommendation Timeframe Issues in Implementation

Redesign of the functions of the Training Department

1 month This can be done straightaway in MRD. Is however, predicated upon restructuring in MPWT

Appointment of Core Group 1 week This would be within the powers of the Head of Department and no issues are visualized here

Conduct of need assessment exercise

4 months Procurement of services for conducting of the exercise is likely to take at least 2 months. The exercise itself can be concluded within another two months. However this has to be a focused exercise.

Development of Training Policy

1 month This can be done by the Core group in terms the stated element

Preparation of Training Plan 2 months There are no issues here since this also will be done by the Core group

Development of capacity building strategy

4 months Both the ministries will require support in this area from outside experts, and there will have to be an inclusive process involving all levels within the ministries as well as stakeholders

Execution of capacity building strategy

Continuing This execution will have to be driven by top management

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Chapter 6: Conclusions and Way Forward

6

Conclusions and Way Forward

Section 1 Sustainability Issues

Overview

This section discusses the sustainability issues in the two ministries, of the various recommendations made and the changes that are to be brought in through them.

Sub-Section 1 Sustainability Issues - MPWT

1. So far as the MPWT is concerned, and indeed, most ministries in the Cambodian Government are concerned, sustainability issues arise from the fact that decision-making is highly centralized at the top, and that top level bureaucrats do not necessarily belong to a cadre from which they have been promoted on merit or seniority-cum-merit basis. This has resulted in two important consequences – first, that it is possible for the top management to change the internal structure of the ministry as and when deemed appropriate by it, and second, so-called ‘outsiders’ create a stagnation for the regular employees of the ministry seeking career growth.

2. It will thus be seen that the issues here are wider than the ministry itself. There are always political compulsions that arise in every government, the point is how the government deals with such compulsions through an entrenched system. Such a system is not evident in the Cambodian government in general.

3. Advantageously, systems and protocols in the Cambodian Government depend on the issuance of sub-decrees, which are to be signed by the Prime Minister. However, this is not so difficult for an incumbent Head of Ministry to get done. Nevertheless, there are a number of considerations, which do go into it. And issuance of sub-decrees at regular intervals is frowned upon.

4. Thus for the sustainability of the efforts, the first action would be for the ministry to get a sub-decree issued for the restructuring, which is the mainstay and the pivot upon which all other efforts depend. This would then be followed by a Prakas, which is really an internal ministry ordinance that sets out details of the provisions of the sub-decree. The Prakas, in turn should be followed by Regulations, which for MPWT, have not been so far properly developed. This is the consequence of not having a strong enough line department to develop them.

5. Basically what is needed is to first develop a proper legal enabler, and then to enforce it. In the process of enforcement, the stipulations of the Regulations should be regularly monitored as to compliance.

6. The lack of capacity to implement, or indeed, even to guide the development of proper Regulations is a handicap that the ministry is facing. This handicap is to be overcome first. Recommendations made in this Report hinge on the design of new Business processes and the institutionalization of the same. However, in any Government, business processes cannot be institutionalized without proper legal backup. Therefore, it is emphasized that the drafting of the Regulations, and the

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adoption of appropriate modes of enforcement of the same should immediately follow the issuance of the sub-decree and Prakas.

7. Once a legally enabled system is in place, the reengineering of business processes should take priority. As of date, business processes are neither geared towards proper compliance, nor are checks and balances regularly and rigorously instituted. This needs to change if sustainability is looked for.

8. Perhaps one way of doing it would be to have an overall project that runs over, say, five years, and a number of sub-projects within it, each ring-fenced so that ineffective performance in one sub-project does not hold up the execution of the others. The overall project management should be able to provide the continuity.

9. It is also necessary to note in this context that due to the lack of capacity within the Ministry, it will perhaps not be possible to generate internal consulting resources. This means that external expert assistance is to be obtained.

10. In most cases, the obtaining of external assistance results in the production of reports, which are then filed and forgotten. Sustainability being the key word here, the approach that needs to be taken is to get the external experts to join the Ministry as coaches and mentors, and to create a mechanism by which their best abilities are utilized.

11. Simultaneously, the Ministry should perhaps create a temporary Organization Development Cell, which would house the overall project. Ministry officers seconded to the cell would be trained up as Coaches and Mentors and Internal Consultants, by the external consultants. From the very beginning therefore, it must be ensured that each expert has one or two counterparts attached to him/her, and that a regular evaluation of the progress of the local ministry counterpart is done to see how far they have progressed in terms of development of their own capacities.

12. It would also be important to have at least two focal persons in every General Directorate who would be the Champions of organization development within that General Directorate. It would be their task to ensure a continuing relationship with the OD persons for the Ministry as a whole. These focal persons should carry the mandate of the Director General, in every case, and should be at least at the level of a Deputy Director General or Director.

13. Projects in the Ministry have suffered because the PIU have always remained isolated from the rest of the Ministry to a very large degree. The perception of the PIU has been that they are ‘special’ and not related to the regular work of the Ministry. It should be noted that while this is certainly not the case in reality, nevertheless the perception persists. It is necessary to dispel this king of a perception if progress is to be made.

14. The major issue here is that processes in which the PIU have engaged, have not necessarily been inclusive. This has arisen partly from the efforts to ring fence the projects themselves, and partly from the PIU own working methods and imperatives, whereby they have a primary allegiance to the donor, and those compliances higher than the mandates of the ministry itself.

15. Organization Development, and sustainability of efforts at HR reform, enforcement of environmental and social safeguards, and enforcement of adherence to Standards and Specifications, cannot be obtained if processes are not inclusive, and if ownership of the total effort is not present.

16. Unfortunately, externally driven OD efforts normally fail, because the OD personnel develop external allegiances at the expense of their own professional commitment to develop buy-in at every stage of their activities and operations. The ministry needs to

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develop a project in such terms that this level of buy-in becomes the primary criterion for the evaluation of the performance of the external experts.

17. Clearly, the more inclusive processes become, and the more rapid the development of internal consultancy skills, the easier it will be sustain the reengineered business processes. In fact, the reengineering of the business processes should mandatorily be linked to the overall OD strategy and action programs, and their execution.

18. Governments usually want financial justification for any initiative. Unfortunately, no one has computed the cost of man-hours lost because of the high rate of absenteeism in Cambodian Government offices, and neither is there a paper that can seminally establish the cost of providing imperfect service, and the cost and effect of deficient planning on the economic growth of the country. If that was done, it can be said quite forcibly, that investments on OD would be more than justified.

Sub-Section 2 Sustainability Issues - MRD

1. For the MRD, matters are somewhat easier, since here all the issues pertain to internal affairs of one particular General Directorate. It makes matter much easier also because the management of the Directorate is quite progressive and enlightened. There is a new Minister in MRD who also is committed to reform and progress and has excellent HR skills himself.

2. Given the above, sustainability of reforms, and the institutionalization of business processes particularly with respect to Environmental and Social Safeguards, is not seen as a difficult proposition.

3. As before, it will be important to issue a sub-decree and then to issue a Prakas. This is because the original sub-decree specifies a certain internal structure for the General Directorate of Technical Affairs, and if that structure has to be changed, then there must be another sub-decree that supersedes the provisions of the previous one. Following the issuance of that sub-decree there will have to be issuance of Prakas for the job descriptions of the various restructured offices under the departments.

4. It has been recommended that a Committee be set up within the GDTA for strategic management within the General Directorate. In point of fact this Committee itself can act as the holder of OD efforts within the GDTA. However, all the other remarks made with respect to the carrying forward of the OD efforts in the MPWT will also apply here, and strategies should be prepared accordingly.

Section 2 Way Forward

1. The principal bottleneck to the improvement of effectiveness in service delivery of the two ministries, with road asset management as the focus, is the fact that there is a continuing attrition of qualified personnel from the ministries, and that an efficient work-culture has not developed.

2. This Report has dealt quite extensively with the reforms that must come in the HR practices in the two Ministries. It is reiterated that unless HR practices are changed, and changed for the better in terms of proper HR systems, increased transparency and increased accountability for HR decisions, the basic problem of attrition, and an

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inefficient office culture will remain. Thus top management in both the Ministries may consider paying prioritized attention to the reform of the HR and Training functions. There is really no need to link up these functions with that of the overall OD effort, and it is strongly recommended that action be taken on this front as soon as administratively possible and appropriate.

3. As far as the MPWT is concerned, one continuing problem has been that bilaterally funded projects do not proceed in a manner that is compliant with Environmental and Social Safeguards. In many cases, procurement is also biased, and specifications used have no relation to the Cambodian Specifications. Since the Cambodian Government is strapped for money, offers of funding by bilaterals are seldom declined. The price that is currently being paid, in terms of environmental degradation for several bi-laterally funded road projects, and consequences of using alternate standards and specifications for construction are matters that must catch the attention of the Government in general and the MPWT in particular, at the soonest.

4. The MPWT and MRD both, need to utilize their authority over all parties, whether multi-lateral or bi-lateral, to ensure that the proper safeguards and proper specifications are always adhered to. The Ministries also need to ensure that all the premises of good governance are complied with at all times, especially in terms of public consultation and transparency.

5. However, such authority will not become apparent until the ministries themselves reform and implement business processes and decision-making processes that are clearly seen to be authoritative and effective. If the recommendations made in this report are considered on merits, it is envisaged that much needed reforms will take place.

6. No Government follows, or can afford to follow all recommendations to the letter. Even considering the general inertia that characterizes Government Ministries and Departments the world over, every such organization is an evolving entity, and therefore it is certainly conceivable that by the time the OD efforts come into being, there will be further changes in the specific action-sets that have been recommended. This is natural and only to be expected. The point is to allow and accept that changes are natural and to anticipate and prepare strategies for dealing with unintended consequences.

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A n n e x t o F i n a l R e p o r t

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Contents

ANNEX 1 ......................................................................................................................4

SKILL AND GAP ANALYSIS – MPWT ..................................................................4

ANNEX 2 ....................................................................................................................19

SKILL AND GAP ANALYSIS - MRD ....................................................................19

ANNEX 3 ....................................................................................................................32

RESTRUCTURING OF MPWT..............................................................................32

ANNEX 4 ....................................................................................................................91

RESTRUCTURING OF GDTA OF MRD ..............................................................91

ANNEX 5 ..................................................................................................................107

REVIEW OF FUNCTIONING OF THE HR DEPARTMENT OF MPWT AND SUGGESTED HR POLICY AND FRAMEWORK ...........................................107

ANNEX 6 ..................................................................................................................127

REVIEW OF FUNCTIONING OF THE HR DEPARTMENT OF MRD AND SUGGESTED HR POLICY AND FRAMEWORK ...........................................127

SECTION ONE –...................................................................................................................................141

TO BE COMPLETED BY APPRAISEE: .................................................................141

NAME .......................................................................................................................141

SUPERVISOR’S NAME.........................................................................................141

SECTION TWO –..................................................................................................................................141

ANNEX 7 ..................................................................................................................146

SUSTAINABLE CAPACITY DEVELOPMENT STRATEGY..........................146

ANNEX 8 ..................................................................................................................149

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TOR FOR THIS ASSIGNMENT...........................................................................149

ANNEX 9 ..................................................................................................................157

TENTATIVE TRAINING SEQUENCES FOR SELECTED SUBJECTS ........157

ANNEX 10 ................................................................................................................161

DRAFT OF SUB-DECREE FOR RESTRUCTURING OF MPWT ..................161

ANNEX 11 ................................................................................................................193

DRAFT OF PRAKASA FOR PROMULGATION OF STANDARD GUIDELINES FOR ENVIRONMENTAL AND SOCIAL SAFEGUARDS COMPLIANCE........................................................................................................193

ANNEX 12 ................................................................................................................196

GUIDELINE ON PREPARATION OF TRAINING PLAN ...............................196

ANNEX 13 ................................................................................................................202

Approach and Methodology for Organizational Interventions .......................................................202 Issues and Challenges..........................................................................................................................202

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Annex 1

Skill and Gap Analysis – MPWT

Overview

The Inception Report for this assignment posited three different categories of interventions, viz., organizational, technical, and training. There are commonalities between the organizational interventions and training interventions, related to skills and gap analysis with respect to skills. This is natural, and does not cause any internal contradiction in the identification or design of interventions. Essentially, the purpose of a gap analysis with respect to skills is to identify in what areas strengthening of capacity is needed with respect to particular kinds of skills. This information is then used to arrive at an understanding of the capability of the organization to allocate manpower possessing these skills from within the organization [with or without skill reinforcement], or to procure the needed skills from outside. Since in the long-run procurement of skills on a regular basis cannot be sustainable alternative, the gap analysis therefore also provides clues on the basis of which a long-term strategy for capacity building and reinforcement can be developed. This sub-section deals with an analysis of the observed Gap in skills that are needed for the effective functioning of the Ministry, in so far as (a) road asset management practice, and (b) overall functioning, are concerned. First, a model, and a methodology are presented and discussed. Then the major findings are presented in terms of the model and the basic organizational assumptions as derived from observations, are discussed. Finally, the actual gaps in the skills that are needed, are presented, and a brief recommendation on the training interventions that could be used, are discussed. The detailed training plan and capacity building program are discussed in the Chapter on Training Interventions. Model and Methodology

A simple model has been used to understand the situation in the MPWT with regard to skills and the gaps that obtain. The model postulates that there are only three basic classes of skills that are needed in an organization – conceptual, technical, and human resource skills. However, the combination at any given level within the managerial hierarchy, is unique. Skill complexity [for any category of skill] can be theoretically put on a scale of 1 to 10, with 1 indicating low complexity, and 10, high complexity. Diagrammatically,

Scale of Complexity

1_____________________________________________10

Low High

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A fairly general way of identifying the combinations of the three levels of skills is as follows

Skill Level - Lower Level- Middle Level- Senior

Conceptual Low [1-3] Mid [4-6] High [7-9]

Technical High [6-8] Mid [4-7] Low [1-3]

Human Mid [4-6] Mid [4-6] Mid [4-6]

the above model, one can then proceed to identify and find out what exactly are the components of skills needed within MPWT, and whether these components [read subjects and disciplines] are actually reflected in the MPWT personnel. Based on this understanding, it is then possible to identify the major gaps in terms of the original three categories. On the basis of that, a short-term strategy as well as a strategy for sustainability of the training and capacity building efforts can be devised. The Consultants approached the issue of Gap analysis with respect to skills through a methodology that featured both structured and unstructured interviews, as well as more open-ended discussions with key functionaries of the Ministry of Public Works and Transport. The questionnaire designed for the purpose is at Annex 1. 30 copies of the questionnaire were distributed on stratified small sample basis.1 Structured and Unstructured interviews were held with 9 key persons. Discussions and interviews were conducted over a period of six weeks during October and November 2009. Major Findings Analysis of the responses showed that in almost all the major categories of skills, there was a deficiency, where the sample average was below what was expected. It needs to be stated however, that results quantitatively speaking, should be understood with the provisos that (a) there is a high possibility of occurrence of semantic differentials, and (b) quite a few of the questions were qualitatively expressed during the interview process. However, since the sample size for the top management was large [10 out of 70], and these were the decision and opinion makers in the Ministry, the results can be largely taken to be valid. A detailed analysis could of course be conducted later with larger sample size later but results are not expected to greatly vary from those obtained since, for small samples within the limits stated in the references provided in the footnote hereto, both Type I and Type II errors are within allowable limits.

1 Statistically, for a population of the size of 1000, a sample of 30 is defensible, and follows probabilities related to the Law of Large Numbers, as also Methods of Maximum Likelihood. See, for instance, Applied General Statistics, Croxton, Frederick E. & Cowden, Dudley J. Prentice-Hall, New York. The population size in the present instance is theoretically 1500 [at headquarters] and 2200 [in the provinces]. However, there are regular influxes of provincial staff to headquarters, and vice versa. Absenteeism is quite high, and number of persons on tour at any given time as per information from heads of department is also large, and at no time more than 700 persons are to be found at headquarters [including those from province]. Thus the sample size was considered adequate. See also ‘Does Size Matter? Exploring Small Sample Properties of Maximum Likelihood Estimation’, Hart Robert A., Jr. and David H, Clark, paper presented at Ann, Mtg, of MidWest Pol. Sc. Assoc., Chicago, Il., March 1999.

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The major findings from the survey conducted are as follow:

Technical skills are lacking at the lower levels. This relates to actual skills needed to supervise works at site and to solve minor technical problems. This also relates – where office matters are concerned, to basic office management skills including documentation skills, archiving skills, and computer literacy.

Team building skills are lacking at almost all levels. Ability to operate in

teams is one of the basic human skills that are needed for projects. Due perhaps to the fact that the structure is hierarchical, and that the boundaries between various official roles are very rigid, This observation is valid for the whole organization. While there are a lot of meetings and a number of committees, none of the committees actually function in any effective manner. Even at the top level, committee working and team or other meetings are seen as mechanisms that delay decisions and do not help to take effective decisions. The basic assumptions seem to be that individuals are better decision-makers and more effective. As a consequence, the true extent of organizational resources available, are never really brought into effect.

Technical skills are also lacking at middle levels. The lack of technical

skills at the middle levels is perhaps related to the inadequacy of basic technical training. It has been observed, for instance, that data manipulation skills are quite deficient even at the middle levels. Advanced numerical and computational skills are also, generally speaking, not there. The Human Resource Department and the Accounts Department, for example, conspicuously lack technical skills of accounting and preparation of statements. Middle managers seem to lack the attention to detail, which is very necessary both for project conceptualization as well as project evaluation.

Conceptual skills are lacking at middle levels, and to some extent at

senior levels also. While there is a realization at the senior levels that conceptual skills need to be reinforced, there is no support from the middle level on most conceptual matters, which is particularly deficient in these skills. Thus most circulars etc. are deficient in terms of required degrees of clarity. The difference becomes quite pronounced when one compares the management processes in the PIU and PMU where personnel are carefully selected, with the rest of the civil servants.

General Human skills are lacking at middle levels. Interaction with

colleagues on work is normally restricted to minor cooperation. People skills are not very developed and camaraderie is lacking. This results in collegiate approach being practically non-existent. This is also reflected in the way that interaction with donors gets structured.

Limited opportunity and facilities for Training. Training facilities are

generally very limited under the normal budgets of the government. There is no training institution that works on regular basis for training the employees. However, the Projects funded by the external agencies have a

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component of training which has been considered to be too short. Responses to the Consultants’ structured questionnaires have revealed that the training programs conducted under the project funding are well received and found to be useful in the implementation process of the projects; but, the demand for longer periods of training has been expressed by the employees.

Basic Organizational Assumptions The Inception Report of the consultants stated a number of cultural assumptions that seem to affect the functioning of the MPWT. The series of interviews and discussions conducted for the skills analysis has revealed some fundamental [unstated and naively held] assumptions, which appear to have a bearing on the major findings listed above. These are:

Dependence on Formalization. Government organizations, as a rule, are

dependent on, and operate by, formalized procedures. However, formalization is not normally seen to be a barrier to expeditious actions. Frequently, actions as decided are taken, and the paperwork follows. However in MPWT it was observed that form determines process, rather than the other way around. Thus, even minor functionaries insist on a formal letter [over which several days are taken] prior to discussing any matter. In discussions, refuge is often taken behind the actual words in the letter to deny information or to discuss even related subjects.

Tyranny of the Status Quo. Inertia is another major characteristic of

government organizations in general. However, in the MPWT this seems to be carried to great lengths. A number of changes are proposed, and experiments are tried, only to relapse into the status quo. Further, none of the changes [till date] have gone far enough to challenge the fundamental structural characteristic of rigid intra- and inter-departmental boundaries, or that of functional overlaps.

Control is counterproductive. This assumption is based on the fact that

most capable people leave government service at the first chance. There is a kind of abiding fear both at top as well as at middle levels, that if one tries to control the behavior of capable people they would immediately leave service, creating a gap which can never be filled. As a result of this, control on adherence to work ethics, and the institutionalization of a productive work-culture, is non-existent.

Lack of Transparency is universal. This arises from the fact that

information is practically never, shared by the top. The HR department does not share any information on why people are given incentives or promotions, or how their performance is evaluated. The government does not provide reasons for accepting or rejecting proposals, or curtailing budgets in arbitrary manner. The government auditors do not provide audit reports. Therefore what the middle level sees is that this lack of transparency is a universal phenomenon in the government, and they follow it. This then gets extended to not sharing critical information with colleagues or subordinates – affecting project execution effectiveness adversely.

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Informal structures and informal relationships are the key to individual

growth. This assumption perhaps owes its origins to the fact that Ministers have pretty much their own way in their Ministries. The lack of codified Service Rules exacerbates the situation. Thus people are more interested to build their own informal relationship ladders to the top than to discharge their formal roles through the formal structure in the most effective way possible.

Link between gaps in skills to basic organizational assumptions

Several clear links between the gaps in skills, to the organizational assumptions, can easily be seen. This of course works more for human skills than others, but it is also equally obvious that the gap in required levels of technical skills partly arises because there is no reinforcement of these skills from peers or superiors. Nor is the system designed to operate in such a manner that can provide inputs to people at the job site. The lack of control at the middle level reinforces isolation, as does the dependence on informal structures and informal relationships. To the extent that there is less supervision, it is then easy to see how and why everyone would want the status quo to continue. So far as human skills are concerned, there obviously is a vicious cycle that reinforces and feeds the need to remain isolated from each other. The Human Resource department which should actually show leadership in the development of human skills and take transparency initiatives, is the one that is most obtuse about issues and the one that tries to maintain status quo, because somewhere there is an assumption that the information they hold makes them very powerful. The lack of control, supervision, and work ethics is also the most clearly visible in the HR department. On four separate visits to that department, not a single staff was seen in the whole department. The dates had not been pre-announces, and the visits were made at different times. This situation has been observed in most departments, and has been freely admitted by all the senior officers. The figure of availability of personnel quoted by the senior officers puts the number of civil servants present in their offices at any given point of time [especially middle and lower levels] at not more than 15% of the total strength. It was not possible to check the attendance registers, therefore evidence offered here is anecdotal and from personal observations of the consultants.

The dependence on formalization appears to be one way in which task execution and decisions can be delayed. There is also an issue of avoidance of accountability. Even a letter requesting an appointment normally carries three signatures from three internal levels. While of course there is some level of informal interaction between the senior officers, there is much less of it at the middle level. And interaction between the senior and middle levels, which could have contributed to the development of technical and conceptual skills at the middle level, is conspicuous by its absence – apparently because the senior level does not see itself as having a mentoring component in its job role.

Skills Required The Table below shows the specific areas of skills/knowledge gaps for the various levels for the three different major categories of skills, as has been determined from the structured and unstructured interviews and questionnaires. It should be noted that certain abilities are required at the different levels, and that these abilities could then be nurtured in terms of specific inputs provided either through on-the-job training or mentoring, or through

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instructional methods. The strategy chosen should arise from the overall strategy of training and capacity building which is discussed later in this Report.

Table 1: Specific Areas of Skills/Knowledge Gaps

Skill/Knowledge Gap Suggestions

Skill Category

Level Skills /Knowledge Gap Single Discipline

Multi-discipline

Technical Skills

Senior level

Skills related to Environmental Management:

-General familiarity with all technical terms in environmental management, social impact assessment, resettlement management, etc.

-General familiarity with ESSF framework of the different donor agencies

-General familiarity with the policies and framework and relevant laws of Cambodia that are concerned with environment and social issues connected to Public Works Asset construction and management

-Familiarity with Compliance reporting schedules, practice in other countries, etc.

Yes

Could be addressed through separate e-learning modules as well as top management intensive workshops

Skills related to Planning –

-Familiarity with technical terms and broad categories of documentation in Transport Sector Planning

-Familiarity with Transport Sector Plans of other countries

-General familiarity with tools of Transport planning

-General familiarity with the economics of Transport Planning

Yes

Could be addressed through separate e-learning modules as well as top management intensive workshops

Skills related to Finance and Accounts –

-Basic and Advanced Government Accounting

-Tools of Financial Management and their application

Yes

Intensive Workshops with case studies and exercises

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-Familiarity with Annual Accounts, Balance sheets, Notes to Accounts etc. and what they mean and how the information is to be used.

-Familiarity with various kinds of Accounting Reports and overall idea of how they are used

-General Familiarity with Accounting and Auditing Standards for Government

-General Familiarity with Control procedures and internal audit procedures

-General familiarity with tools and techniques of Asset management [Stores, Inventory and spares]

-Budget monitoring and control of the Budgeting process

Skills related to IT –

-Familiarity with computers

-Use of emails, computer filing, etc.

-MS Office Excel and Word

Yes

Small Group Working and guided mentoring

Skills related to Project Management –

-Familiarity with tools of Project Planning and Scheduling including PERT/CPM

-General familiarity with World Bank/ADB etc project cycles and tools of project management and monitoring such as Reports, Procurement Plans, etc.

-linkages between financial indicators, social indicators, physical indicators and environmental indicators and their interpretation

Yes

Small Intensive Work Groups, and also Exposure Tours to other countries to understand Best Practice in Project Management

Middle level

Skills related to Project Management and Supervision-

-Ability to solve minor technical problems at site

-Familiarity with Standards of road engineering and their application

Yes

Working Group Training with interventions by senior management also – providing opportunity to Trainers to interpret top-management messages regarding project management, and their interpretation

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-Dealing with measurement issues

-Basic Supervision skills for technical supervision

-Scheduling of activities

-Understanding of technical reports and ability to see gaps

by middle management

Skills related to IT

-Computer literacy

Yes Inputs, OJT, part-time over a period

Skills related to Finance and Accounts

-Advanced accounting for Government

-Preparation of Accounting Statements and Reports

-Familiarity with all accounting records and their method of preparation

-Basic familiarity with accounting and auditing standards for government

-Budget formulation techniques and Budget monitoring techniques

Yes

Specific inputs from qualified accountants including government accountants and auditors from other countries as well as MEF. Several courses should be offered, each more advanced than the previous one, with adequate testing.

Skills related to Environmental Management –

-Understanding of the TEG

-Applying TEG checklists

-Monitoring Contractor behavior and ensuring technical compliance

Yes

Wider exposure to general environmental problems and imperatives is also needed. Seminars and workshops followed by Case-studies and exercises

Skills related to Roads, Bridges and Waterways infrastructure Design

-Design parameter setting

-Design alternatives

-Advanced computation

-Standards

-Other engineering skills

Yes

Absolutely technique oriented programs with field visits and technical case-studies

Technical Skills of Construction

-Familiarity with current techniques and applications

Yes

Lectures and class room instructions

Skills related to effective Technical Site Supervision

Yes On the job training including interdependence between work units

Skills related to Planning

-Planning tools and techniques

Yes

Class room exercises, also some study tours to see how Transport

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-Statistics

Sector Planning is done elsewhere

Language Skills – English Yes

Lower level

Skills related to Office Management

Yes Class room instruction and on the job training

Skills related to Site Operations

Mentoring by superiors

Skills related to Technical Measurement and Reporting

Yes Class room instruction and practice on the job

Skills related to computerized operation sand Use of office machines

Yes Demonstration-based instruction

Data manipulation for better planning and reporting –

-Understanding of field level data and manipulation of data to suit the purpose of reporting to various agencies

-Data manipulation techniques

Yes

Classroom instruction

Language Skills – English Yes

Human Skills

Senior Level

Decision-making:-

-forming and running teams

-top management decision making tools and their use

Yes

Intensive group working

Leadership in government and people-centered leadership

Yes As above

Managing Human Resources – strengthening the Personnel function, transparency in performance evaluation, improvement of work culture, improvement of discipline in the office

Yes

Class room instruction with group exercises

Managing Departments Yes On the job

Skills related to international negotiations

Yes Class room instructions to begin with, followed by on the job mentoring

Middle Level

Leadership in Middle management

Yes Classroom instruction to begin with followed by on the job training

Improving Work-culture – generating trust and

Yes Group exercises

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interdependence

Motivating people Yes Theoretical inputs and group exercises

Office Management Yes Class room instruction

Dealing with Senior Management Needs

-Understanding of the need to and the Ability to provide verifiable inputs

Yes

On the job mentoring

Negotiating Skills –

-Ability to negotiate effectively with Contractors and suppliers

-Ability to negotiate with other departments and outside agencies

Yes

Group exercises

Lower Level

Working in groups Yes Group exercises

Motivating peers Yes As above

Documentation, Referencing, and Archiving

Yes Classroom instruction

Conceptual Skills

Senior level

Skills related to Environmental Management

–Ability to focus on critical policy related issues in environmental management

-Ability to understand the need for compliance with safeguards and to translate compliance requirements in terms of action programs

-Ability to interpret reports on environmental and social safeguards compliance in order to issue clear directions

Yes

Seminars, intensive group working and exposure tours

Skills Related to Planning

-Planning Strategies for Transport Sector, tools and techniques

-Understanding of alternative strategies employed

Yes

As above

Strategy Formulation –

-Ability to distinguish between Policy, Strategy, Objectives, etc.

-Techniques of Strategy Formulation

Yes

As above

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-Transport Sector Policy and Strategy

Skills related to Financial Management-

-Investment Planning/Capital Budgeting

-Advanced top level Financial Management

-Use of Budgets as management tools

Yes

Seminars

Skills related to Project and Program Management-

-Skills of Program Monitoring

-Skills related to program and project progress evaluation

-Skills related to designing methods to increase effectiveness of program and project execution

Yes

As above

Middle level

Skills related to Project Management and Supervision-

-Ability to understand all the dimensions of a project

-Ability to understand the technical requirements of a project

Yes

As Above

Skills related to IT

-Advanced use of particular programs

Yes Group Exercises and on the job training

Skills related to Finance and Accounts –

-Identifying errors in Accounting Statements and Reports

-Concepts related to Capital Budgeting

-Concepts related to use of Financial Ratios

Yes

Classroom instructions, exercises, and testing

Skills related to Environmental Management

-Understanding of EIA

-Ability to critically read an EIA

-Ability to formulate RMP and EMP

-Ability to apply a

Yes

Classroom instructions, exposure tour, and mentoring

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monitoring system for compliance of safeguards effectively

Skills related to Roads, Bridges and Waterways infrastructure Design- relatively advanced concepts

Yes

Seminar and classroom instruction

Technical Skills of Construction-relatively advanced concepts

Yes Classroom instruction

Skills related to Planning-Advanced planning concepts and tools and their application

Yes

As above

Lower Level

-Understanding of the work of the Department

Yes Small group interactions

-Understanding of the various reports produced by the department and the need for them

Yes

As above

3.1.3.14 A reclassification of the above Table in terms of selected categories of functionaries is shown below in Table 2.

Table 2: Training for Certain Selected Categories of the Functionaries

sl # Area of skill to be upgraded

To be designed for Major thrust

Subsidiary thrust

A Project Management

1 Project Conceptualization

Project Engineers/ Project Managers

Project conceptualization, formulation, preparation of the Terms of Reference for the projects. Scheduling, Preparation of the Bid related surveys and documents & their evaluation, awarding the work contracts, evaluation of the work by the contractors and taking the necessary ve the quality of the performance,

Supervision in the field & provide the necessary facilitation for the efficient implementation of the project

2

Project-Construction monitoring

Project Engineers/ Project Managers

Construction activity, Standards, time and cost saving and follow up.

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3

Monitoring & Evaluation

Project Engineers/ Project Managers/ Environmental and Social Safeguards Specialists

Beneficiary identification, benefit monitoring, baseline, mid-term and final evaluations of the project. Creation of the database creation aqnd retrieval, preparation of the monitoring statements, indicators, log frame analysis.

Required computer skills on Exel, Statistical Package for Social Studies (SPSS) and others such as : (Epi Info, ACCESS, STATA, SAS, etc.)

B Personnel & Human Resource Related (HRD)

Senior & Middle Level Officials

Manpower management-recruitments process, job performance evaluation, on-the-job-training (OJT), reviewing the job performance of the functionaries from time to time and promotions / incentives for improved performance & penalty for poor performance, and,

Computer skills, database creation, preparation of statements based on various pametres. Monitoring and evaluation of the performance of various functionaries.

It may be recalled that there are two ways of filling the current gap in available skills. One way would be to train existing personnel. The other way is to have a mixture of recruitment of personnel with the needed skills and also to build the capacity of the existing personnel. In so far as recruitment of personnel with needed skills is concerned, a recruitment policy must be adopted in line with the actual gaps that exist. In the best interests of capacity building of the MPWT, it is important to lay certain standards and procedures in recruitment, apart from higher degree of transparency. Table 3 indicates that the future recruitment should consider appropriate qualifications and experience for the incumbents so that the productivity levels are higher.

Table 3: Capacity Building- Suggested Qualifications and Experience of the Incumbents

sl # Area of Expertise Required qualifications of the Incumbent Remarks

A Technical

1

Information, Communication & Technology

Masters in Computer Software Minimum 5 years of experience in organizing a project requirements

2 Environmental & Social Safeguards

In the case of the environmental: Masters in Environmental Science or Environmental Engineering or Environmental Planning. In the

Minimum 5 years of experience in project formulation, preparation of the Technical Environmental Guidelines (TEGs), Implementation, carry out the required surveys,

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case of Social Safeguards, Masters in sociology / Social Work/Economics

generate the database at the required time periods as per the requirements of the donors/department.

3 Monitoring & Evaluation

Should be Masters in sociology / Economics

Minimum 5 years of experience in project preparation & Implementation. Should be conversant with sampling & using statistical techniques, should be able to use log frame analytical tools, evolving indicators and preparation of the Reports, present the draft Reports to the donors / department, revise the same and make the final re Reports.

B Managerial

4 Database Creation & Analysis

Masters in Computer Software/ Statistics

Minimum 5 years of experience in project preparation & Implementation. Expertise in using the SPSS program.

5 Project Management Graduate in Civil Engineering with MBA

Minimum 5 years of experience in project preparation & Implementation

C Basic Office Operations

6 English Language skills- both reading & writing

Graduation with English literature

This service may be taken from the local University / college on part-time basis. This course may be organized during the evenings (out of office hours).

7 Office Management Graduation in any branch with proficiency in word and Exel.

Minimum 5 years of experience in office procedures, dealing with the office file/documentation in the word & Excel format, capability to make annual statement and follow up procedures, and should be able to generate periodical statements and organizing the report production.

Departmental senior officers should take up the tasks of mentoring of subordinates as well as on-the-job training for their subordinates. Such training may be done on both formal and informal basis. It is to be noted that currently this task is not considered as part of the job role. However, this is important and top management may consider appropriately instructing their subordinates in this matter. A number of areas have been indicated in the Table above that deals with the gap in skills. In addition, mentoring and on-the-job training for middle management downwards could also be on the basic principles of office administration, the processes, reporting methods, filling up the performance appraisal forms, basic accounting and book keeping. These are simple matters for a senior officer to impart and a great help to the junior employees of the Department. Care should be taken to carry out this OJT on a regular basis like once a week till the whole junior staff skills are improved. It would be necessary to plan such mentoring and on-the-job training carefully and regular interviews with both the mentor and the staff are to be scheduled. Feedback taken should be processed and analyzed with a view to improving the quality and intensity of inputs. As a part of its capacity building, the P&HR department has been deputing the officers to various training programs conducted in both within the country and abroad. These programs are ranging from one to three weeks. The employees feel that these programs are useful and

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the skills acquired are being used in the project management processes including implementation. However, discussions with the employees revealed that there is a preference for longer duration training programs rather than the short duration ones. However this also has to be understood in the context of the facts that employees are paid a training allowance for attending training programs, and also that they earn per diem in dollars for training abroad. The percentage of employees sent for training is always much lower than needed as the training opportunities are limited to the professionals only. A large segment of the employees who are at the administrative and other support services remain un-trained. This calls for closer examination. Based on the fund availability from the normal budgets of the Ministry and also the provisions in the funded projects, the P&HR department deputes the employees for various branches training, as state above. The types of training programs / workshops for which the various levels of the staff were deputed during the last 2 years are as follows:

• Road Engineering & Administration • Comprehensive Bridge Engineering • Sewerage Works Engineering & Storm Water drainage Technology • Seminar on Contract Administration for Japanese ODA Loan Projects in Asia • Sustainable Port Development and Planning • Maritime Search and rescue and Disaster Prevention • Cross Border Transport Infrastructure for Mekong Region Countries • Port Management operations. • Road Maintenance • Advanced railway operation Course • Road Supervision & Maintenance • Oracle Database Program

It would be seen immediately that the above are rather an eclectic combination. There is no particular plan or strategy according to which employees are deputed for such courses, and the usefulness of some of these courses for employees of the ministry is questionable.

The P&HR has to ensure that the same officer is not sent for the same training repeatedly. Since no database is maintained formally, it is not possible to comment upon whether the same employees are repeatedly being sent abroad or for any other training. Similarly, the overseas training opportunities have to be available once in the whole career span of an employee or there should be a gap of 10 to 15 years. Some type of restriction is felt necessary to avoid any possible misuse of monopolizing the opportunities by a single employee. It is also equally important that the employee who has been trained abroad is allowed to continue in the same Department for a minimum period of at least 5 years so that he would be able to use the skills acquired for the benefit of his Department and this process may also benefit his other colleagues in his department. It may be recalled that the Consultants have suggested setting up of a specialized institution for the MPWT, as part of the suggestions on restructuring. This proposed institution could be an excellent opportunity for training the staff not only in the hard core engineering courses in the road asset management, it could also be a platform to train the staff in the project management skills.

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Annex 2

Skill and Gap Analysis - MRD

Introduction Efficient human resource (could be defined as well qualified, adequately trained, committed staff working in line with its job objectives), is the key for development. The human resource factor, if well oriented, could contribute to the overall growth and development of a department and the nation.

The Inception Report for this assignment posited three different categories of interventions, viz., organizational, technical, and training. There are commonalities between the organizational interventions and training interventions, related to skills and gap analysis with respect to skills. This is natural, and does not cause any internal contradiction in the identification or design of interventions.

The present Chapter deals with the analysis on the Human Resources of the MRD. The Chapter is structured into three parts- Part A presents the skill gaps, Part B on the functioning of the Department of Administration and Personnel (DAP) and Part C on the HR Policy needed to strengthen the Human Resources for the MRD for accomplishing higher productivity levels.

Part A: Training Intervention Design – gap analysis related to functional skills Essentially, the purpose of a gap analysis with respect to skills is to identify in what areas strengthening of capacity is needed with respect to particular kinds of skills. This information is then used to arrive at an understanding of the capability of the organization to allocate manpower possessing these skills from within the organization [with or without skill reinforcement], or to procure the needed skills from outside. Since in the long-run procurement of skills on a regular basis cannot be sustainable alternative, the gap analysis therefore also provides clues on the basis of which a long-term strategy for capacity building and reinforcement can be developed.

The Methodology and the Model used for MRD were the same as for MPWT.

Major Findings

The major findings from the survey conducted are as follow:

Technical skills are lacking at the lower levels. This relates to actual

skills needed to supervise works at site and to solve minor technical problems. This also relates – where office matters are concerned, to basic office management skills including documentation skills, archiving skills, and computer literacy.

Team building skills are lacking at almost all levels. Ability to operate in

teams is one of the basic human skills that are needed for projects. Due perhaps to the fact that the structure is hierarchical, and that the boundaries between various official roles are very rigid, This observation is valid for the whole organization. While there are a lot of meetings and a number of committees, none of the committees actually function in any effective manner. Even at the top level, committee working and team or

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other meetings are seen as mechanisms that delay decisions and do not help to take effective decisions. The basic assumptions seem to be that individuals are better decision-makers and more effective. As a consequence, the true extent of organizational resources available, are never really brought into effect.

Technical skills are also lacking at middle levels. The lack of technical

skills at the middle levels is perhaps related to the inadequacy of basic technical training. It has been observed, for instance, that data manipulation skills are quite deficient even at the middle levels. Advanced numerical and computational skills are also, generally speaking, not there. The Human Resource Department and the Accounts Department, for example, conspicuously lack technical skills of accounting and preparation of statements. Middle managers seem to lack the attention to detail, which is very necessary both for project conceptualization as well as project evaluation.

Conceptual skills are lacking at middle levels, and to some extent at

senior levels also. While there is a realization at the senior levels that conceptual skills need to be reinforced, there is no support from the middle level on most conceptual matters, which is particularly deficient in these skills. Thus most circulars etc. are deficient in terms of required degrees of clarity. The difference becomes quite pronounced when one compares the management processes in the PIU and PMU where personnel are carefully selected, with the rest of the civil servants.

General Human skills are lacking at middle levels. Interaction with

colleagues on work is normally restricted to minor cooperation. People skills are not very developed and camaraderie is lacking. This results in collegiate approach being practically non-existent. This is also reflected in the way that interaction with donors gets structured.

Limited opportunity and facilities for Training. Training facilities are

generally very limited under the normal budgets of the government. There is no training institution that works on regular basis for training the employees. However, the Projects funded by the external agencies have a component of training which has been considered to be too short. Responses to the Consultants’ structured questionnaires have revealed that the training programs conducted under the project funding are well received and found to be useful in the implementation process of the projects; but, the demand for longer periods of training has been expressed by the employees

Basic Organizational Assumptions

The Inception Report of the consultants stated a number of cultural assumptions that seem to affect the functioning of the MRD. The series of interviews and discussions conducted for the skills analysis has revealed some fundamental [unstated and naively held] assumptions, which appear to have a bearing on the major findings listed above. These are:

Dependence on Formalization. Government organizations, as a rule, are

dependent on, and operate by, formalized procedures. However,

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formalization is not normally seen to be a barrier to expeditious actions. Frequently, actions as decided are taken, and the paperwork follows. However in MRDit was observed that form determines process, rather than the other way around. Thus, even minor functionaries insist on a formal letter [over which several days are taken] prior to discussing any matter. In discussions, refuge is often taken behind the actual words in the letter to deny information or to discuss even related subjects.

Tyranny of the Status Quo. Inertia is another major characteristic of

government organizations in general. However, in the MRD this seems to be carried to great lengths. A number of changes are proposed, and experiments are tried, only to relapse into the status quo. Further, none of the changes [till date] have gone far enough to challenge the fundamental structural characteristic of rigid intra- and inter-departmental boundaries, or that of functional overlaps.

Control is counterproductive. This assumption is based on the fact that

most capable people leave government service at the first chance. There is a kind of abiding fear both at top as well as at middle levels, that if one tries to control the behavior of capable people they would immediately leave service, creating a gap which can never be filled. As a result of this, control on adherence to work ethics, and the institutionalization of a productive work-culture, is non-existent.

Lack of Transparency is universal. This arises from the fact that

information is practically never, shared by the top. The DAP does not share any information on why people are given incentives or promotions, or how their performance is evaluated. The government does not provide reasons for accepting or rejecting proposals, or curtailing budgets in arbitrary manner. The government auditors do not provide audit reports. Therefore what the middle level sees is that this lack of transparency is a universal phenomenon in the government, and they follow it. This then gets extended to not sharing critical information with colleagues or subordinates – affecting project execution effectiveness adversely.

Informal structures and informal relationships are the key to individual

growth. This assumption perhaps owes its origins to the fact that Ministers have pretty much their own way in their Ministries. It is reported that athere are certain service rules issued by the Ministry; however, these need to be explained to the staff so that they are assured about their service conditions. In the absence of this, it maight be possible that the employees try to build their own informal relationship ladders to the top than to discharge their formal roles through the formal structure in the most effective way possibleLink between gaps in skills to basic organizational assumptions

Some clear links between the gaps in skills, to the organizational assumptions, can easily be seen. This of course works more for human skills than others, but it is also equally obvious that the gap in required levels of technical skills partly arises because there is no reinforcement of these skills from peers or superiors. Nor is the system designed to operate in such a manner that can provide inputs to people at the job site. The lack of control at the middle level reinforces isolation, as does the dependence on informal structures and informal relationships. To the extent that there is less supervision, it is then easy to see how and why

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everyone would want the status quo to continue. So far as human skills are concerned, there obviously is a vicious cycle that reinforces and feeds the need to remain isolated from each other. The Human Resource department which should actually show leadership in the development of human skills and take transparency initiatives, is the one that is most obtuse about issues and the one that tries to maintain status quo, because somewhere there is an assumption that the information they hold makes them very powerful. The lack of control, supervision, and work ethics is also the most clearly visible in the DAP.

The dependence on formalization appears to be one way in which task execution and decisions can be delayed. There is also an issue of avoidance of accountability. Even a letter requesting an appointment normally carries three signatures from three internal levels. While of course there is some level of informal interaction between the senior officers, there is much less of it at the middle level. And interaction between the senior and middle levels, which could have contributed to the development of technical and conceptual skills at the middle level, is conspicuous by its absence – apparently because the senior level does not see itself as having a mentoring component in its job role.

Part II: Skills Required Training for the Skill Enhancement: The gap analysis has revealed that the employees require training in different disciplines. The Consultants have listed the areas in which the skill improvement is desired to be taken up for their skill advancement. Table 1 shows the areas in which the training is needed; and, whether it is to be undertaken under the single discipline or double discipline. In any case the training be provided in regrouping the disciplines for rigor and intensity in the sub-disciplines. Care needs to be taken to ensure that multi-disciplinary issues are handled appropriately.

The Table below shows the specific areas of skills/knowledge gaps for the various levels for the three different major categories of skills, as has been determined from the structured and unstructured interviews and questionnaires.

Table 1: Specific Areas of Skills/Knowledge Gaps

Skill/Knowledge Gap Suggestions

Skill Category Level Skills /Knowledge Gap Single Discipline

Multi-discipline

Technical Skills

Senior level

Skills related to Environmental Management:

-General familiarity with all technical terms in environmental management, social impact assessment, resettlement management, etc.

-General familiarity with ESSF framework of the different donor agencies

-General familiarity with the policies and framework and relevant laws of Cambodia that are concerned with environment and social issues connected to Public Works Asset construction and management

-Familiarity with Compliance reporting schedules, practice in other countries, etc.

Yes

Could be addressed through separate e-learning modules as well as top management intensive workshops

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Skills related to Planning –

-Familiarity with technical terms and broad categories of documentation in Transport Sector Planning

-Familiarity with Transport Sector Plans of other countries

-General familiarity with tools of Transport planning

-General familiarity with the economics of Transport Planning

Yes

Could be addressed through separate e-learning modules as well as top management intensive workshops

Skills related to Finance and Accounts –

-Basic and Advanced Government Accounting

-Tools of Financial Management and their application

-Familiarity with Annual Accounts, Balance sheets, Notes to Accounts etc. and what they mean and how the information is to be used.

-Familiarity with various kinds of Accounting Reports and overall idea of how they are used

-General Familiarity with Accounting and Auditing Standards for Government

-General Familiarity with Control procedures and internal audit procedures

-General familiarity with tools and techniques of Asset management [Stores, Inventory and spares]

-Budget monitoring and control of the Budgeting process

Yes

Intensive Workshops with case studies and exercises

Skills related to IT –

-Familiarity with computers

-Use of emails, computer filing, etc.

-MS Office Excel and Word

Skills related to Project Management –

-Familiarity with tools of Project Planning and Scheduling including PERT/CPM

-General familiarity with World Bank/ADB etc project cycles and tools of project management and monitoring such as Reports, Procurement Plans, etc.

-linkages between financial indicators, social indicators, physical indicators and environmental indicators and their interpretation

Middle level

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Skills related to Project

Management and Supervision-

-Ability to solve minor technical problems at site

-Familiarity with Standards of road engineering and their application

-Dealing with measurement issues

-Basic Supervision skills for technical supervision

-Scheduling of activities

-Understanding of technical reports and ability to see gaps

Skills related to IT

-Computer literacy

Skills related to Finance and Accounts

-Advanced accounting for Government

-Preparation of Accounting Statements and Reports

-Familiarity with all accounting records and their method of preparation

-Basic familiarity with accounting and auditing standards for government

-Budget formulation techniques and Budget monitoring techniques

Skills related to Environmental Management –

-Understanding of the TEG

-Applying TEG checklists

-Monitoring Contractor behavior and ensuring technical compliance

Skills related to Roads, Bridges and Waterways infrastructure Design

-Design parameter setting

-Design alternatives

-Advanced computation

-Standards

-Other engineering skills

Technical Skills of Construction

-Familiarity with current techniques and applications

Skills related to effective Technical Site Supervision

Skills related to Planning

-Planning tools and techniques

-Statistics

Language Skills – English

Lower

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level

Skills related to Office Management

Skills related to Site Operations

Skills related to Technical Measurement and Reporting

Skills related to computerized operation sand Use of office machines

Language Skills – English

Human Skills

Senior Level

Decision-making:-

-forming and running teams

-top management decision making tools and their use

Leadership in government and people-centered leadership

Managing Human Resources – strengthening the Personnel function, transparency in performance evaluation, improvement of work culture, improvement of discipline in the office

Managing Departments

Skills related to international negotiations

Middle Level

Leadership in Middle management

Improving Work-culture – generating trust and interdependence

Motivating people

Office Management

Creating effective work groups

Management Reporting-

-Essentials of good reporting

-understanding senior management needs for reports

-reporting tools and locating and cultivating sources of data

Data manipulation for better planning and reporting –

-Understanding of field level data and manipulation of data to suit the purpose of reporting to various agencies

-Data manipulation techniques

Negotiating Skills –

-Ability to negotiate effectively

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with Contractors and suppliers

-Ability to negotiate with other departments and outside agencies

Lower Level

Working in groups

Motivating peers

Documentation, Referencing, and Archiving

Conceptual Skills

Senior level

Skills related to Environmental Management

–Ability to focus on critical policy related issues in environmental management

-Ability to understand the need for compliance with safeguards and to translate compliance requirements in terms of action programs

-Ability to interpret reports on environmental and social safeguards compliance in order to issue clear directions

Skills Related to Planning

Strategy Formulation –

-Ability to distinguish between Policy, Strategy, Objectives, etc.

-Techniques of Strategy Formulation

-Transport Sector Policy and Strategy

Skills related to Financial Management-

-Investment Planning/Capital Budgeting

-Advanced top level Financial Management

-Use of Budgets as management tools

Skills related to Project and Program Management-

-Skills of Program Monitoring

-Skills related to program and project progress evaluation

-Skills related to designing methods to increase effectiveness of program and project execution

Middle level

Skills related to Project Management and Supervision-

-Ability to understand all the dimensions of a project

-Ability to understand the

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technical requirements of a project

Skills related to IT

-Advanced use of particular programs

Skills related to Finance and Accounts –

-Identifying errors in Accounting Statements and Reports

-Concepts related to Capital Budgeting

-Concepts related to use of Financial Ratios

Skills related to Environmental Management

-Understanding of EIA

-Ability to critically read an EIA

-Ability to formulate RMP and EMP

-Ability to apply a monitoring system for compliance of safeguards effectively

Skills related to Roads, Bridges and Waterways infrastructure Design- relatively advanced concepts

Technical Skills of Construction-relatively advanced concepts

Skills related to Planning-Advanced planning concepts and tools and their application

Lower Level

-Understanding of the work of the Department

-Understanding of the various reports produced by the department and the need for them

Re-classification by major professional functions: The Consultants have suggested more emphasis on the training for certain selected categories of the functionaries that are at the helm of project management matters as shown in Table 2.

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Table 2: Training for Certain Selected Categories of the Functionaries

sl #

Area of skill to be upgraded

To be designed for Major thrust Subsidiary thrust

A Project Management

1 Project Conceptualization

Project Engineers/ Project Managers

Project conceptualization, formulation, preparation of the Terms of Reference for the projects. Scheduling, Preparation of the Bid related surveys and documents & their evaluation, awarding the work contracts, evaluation of the work by the contractors and taking the necessary ve the quality of the performance,

Supervision in the field & provide the necessary facilitation for the efficient implementation of the project

2

Project-Construction monitoring

Project Engineers/ Project Managers

Construction activity, Standards, time and cost saving and follow up.

3

Monitoring & Evaluation

Project Engineers/ Project Managers/ Environmental and Social Safeguards Specialists

Beneficiary identification, benefit monitoring, baseline, mid-term and final evaluations of the project. Creation of the database creation aqnd retrieval, preparation of the monitoring statements, indicators, log frame analysis.

Required computer skills on Exel, Statistical Package for Social Studies (SPSS) and others such as : (Epi Info, ACCESS, STATA, SAS, etc.)

B Department of Administration & Personnel(DAP)

Senior & Middle Level Officials

Manpower management-recruitments process, job performance evaluation, on-the-job-training (OJT), reviewing the job performance of the functionaries from time to time and promotions / incentives for improved performance & penalty for poor performance, and,

Computer skills, database creation, preparation of statements based on various pametres. Monitoring and evaluation of the performance of various functionaries.

Future Recruitment policy: In the best interests of capacity building of the MPWT, it is important to lay certain standards and procedures in recruitment, apart from higher degree of transparency. Table 3 indicates that the future recruitment should consider appropriate qualifications and experience for the incumbents so that the productivity levels are higher.

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Table 3: Capacity Building- Suggested Qualifications and Experience of the Incumbents

sl # Area of Expertise Required qualifications of the Incumbent Remarks

A Technical

1

Information, Communication & Technology

Masters in Computer Software

Minimum 5 years of experience in organizing a project requirements

2 Environmental & Social Safeguards

In the case of the environmental: Masters in Environmental Science or Environmental Engineering or Environmental Planning. In the case of Social Safeguards, Masters in sociology / Social Work/Economics

Minimum 5 years of experience in project formulation, preparation of the Technical Environmental Guidelines (TEGs), Implementation, carry out the required surveys, generate the database at the required time periods as per the requirements of the donors/department.

3 Monitoring & Evaluation

Should be Masters in sociology / Economics

Minimum 5 years of experience in project preparation & Implementation. Should be conversant with sampling & using statistical techniques, should be able to use log frame analytical tools, evolving indicators and preparation of the Reports, present the draft Reports to the donors / department, revise the same and make the final re Reports.

B Managerial

4 Database Creation & Analysis

Masters in Computer Software/ Statistics

Minimum 5 years of experience in project preparation & Implementation. Expertise in using the SPSS program.

5 Project Management

Graduate in Civil Engineering with MBA

Minimum 5 years of experience in project preparation & Implementation

C Basic Office Operations

6 English Language skills- both reading & writing

Graduation with English literature

This service may be taken from the local University / college on part-time basis. This course may be organized during the evenings (out of office hours).

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7 Office Management Graduation in any branch with proficiency in word and Exel.

Minimum 5 years of experience in office procedures, dealing with the office file/documentation in the word & Excel format, capability to make annual statement and follow up procedures, and should be able to generate periodical statements and organizing the report production.

Regular On-the- Job- Training (OJT): As mentioned earlier, OJT may be taken up on an informal basis within the Departments by the senior officers of the same department. This could be on the basic principles of office administration, the processes, reporting methods, filling up the performance appraisal forms, basic accounting and book keeping. These are simple matters for a senior officer to impart and a great help to the junior employees of the Department. Care should be taken to carry out this OJT on a regular basis like once a week till the whole junior staff’s skills are improved. It may be noted that the OJT would act as a proactive step in capacity building.

Training Programs held by the MRD:

As a part of its capacity building, the Department of Training and Research (DT&R) has been deputing the officers to various training programs conducted in both within the country and abroad. These programs are ranging from one to three weeks. The employees feel that these programs are useful and the skills acquired are being used in the project management processes including implementation. However, discussions with the employees revealed that there is a preference to longer duration training programs rather than the short duration ones. The percentage of employees sent for training is always much lower than needed as the training opportunities are limited to the professionals only. A large segment of the employees who are at the administrative and other support services remain un-trained. This calls for closer examination.

List of training Programs conducted by the DT&R: Based on the fund availability from the normal budgets of the Ministry and also the provisions in the funded projects, this department deputes the employees for various branches training. The types of training programs / workshops the DT&R deputes are as follows:

a) Road Engineering & Administration

b) Road Maintenance

c) Road Supervision & Maintenance

Concluding Remarks & the way forward: The DAP has to ensure that the same officer is not sent for the same training again. Similarly, the overseas training opportunities have to be available once in the whole career span of an employee or there should be a gap of 10 to 15 years. Some type of restriction is felt necessary to avoid any possible misuse of monopolizing the opportunities by a single employee. It is also equally important that the employee who has been trained abroad is allowed to continue in the same Department for a minimum period of at least 10 years so that he would be able to use the skills acquired for the benefit of his Department and this process may also benefit his other colleagues in his department. It may

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be recalled that the Consultants have suggested setting up of a specialized institution for the MPWT can also serve the needs of the MRD. This proposed institution could be an excellent opportunity for training the staff not only in the hard core engineering courses in the road asset management, it could also be a platform to train the staff in the project management skills.

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Annex 3

Restructuring of MPWT

Overview and Background

This section derives from the Terms of Reference given to the Consultant for PRIP CS-1 project. Specifically, the TOR states that the Consultant shall (a) assist in reviewing the existing organizational structure of MPWT and MRD, in relation to their effectiveness in road asset management. The outcome will be a proposal for a functional structure with clarity of functions of each unit/department contributing to road asset management, and (b) analyze specifically the General Department of Public Works [DGPW] and General Department of Administration and Planning [GDAP] under MPWT and General Department for Technical Affairs under MRD, with focus on efficient and effective road asset management and safeguard measures. Review what the Ministries/Departments see as their strengths and weaknesses so far as organization structure is concerned.

This note on restructuring suggestions for MPWT is based upon the detailed interviews that have been held with the various functionaries2 of the MPWT, reports – including reports of other consultants, and the imperatives of the task of road asset management itself. As per the methodology suggested in the Inception Report [since accepted], the steps that are to be taken in regard to organizational restructuring are as follow, so far as the Consultant is concerned, (a) the Development of a Draft Document on Restructuring and Reforms [has been done], (b) Discussion of the Draft Document with various functionaries in the two Ministries [this has also been carried out], (c) Incorporation of appropriate changes in the Draft Document [this document], (d)Separately identify all pros and cons of suggested changes and prepare a brief analysis of risks [presented herein under], and (v) Present recommendations on final design and steps to implement the same [ the steps for implementation have been discussed with His Excellency the Minister and concrete action plan has been chalked out].The above steps had been structured as Phases II and III of Organizational Interventions, in terms of the Work Program of the Consultant as presented in the Inception Report. The issue of restructuring is discussed under five sub-headings. The first sub-heading discusses the rationale for restructuring, with a focus on legal enablers. The second sub-heading is concerned with the observations and organizational assumptions based on which the restructuring exercise has been attempted. This forms the basis of the recommended design. The proposed design is developed in the next sub-section. The fourth sub-section discusses the implications of the proposed design in terms of observations made in the Inception Report. In the fifth sub-section, the steps in implementation and suggested timelines are discussed. The last sub-section discusses associated risks and also provides some clues as to mitigation measures that might be used.

Rationale of Restructuring and Reform

2 Discussions were held with H.E. the Minister, the Secretary of State for Public Works, Under Secretary of State for Administration and Planning, Directors-General of Public Works, Transport and Administration and Planning, Deputy Director General of Public Works, Director of Roads, Director of Human Resources, Project Manager of PRIP, and others.

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The rationale for restructuring derives from (a) the legal enablers, and (b) observations on the current organizational structure. These are individually discussed below.

A. Legal Enablers

Originally, that is to say, in all the years up to 1993 when the new Government was formed, the Ministry of Public Works and Transport had originally functioned as an umbrella Ministry responsible for, in addition to Public Works and Transport, telecommunication and construction. In 1993 and subsequently in 1999, separate Ministries were formed to look after, on the one hand, telecommunications, and on the other, Land Management, Urbanization, and Construction. The definitive general Direction on the organization and functioning of most Ministries [excluding Interior, Defense, and some others] has been given in Sub-decree No 20 ANK/BK dated 30 April 1996, published under Royal Decree No 0196/03 NS/RKM of January 24, 1996 which says that the organization and functioning of the Ministry have to be defined by a Sub-decree. Anukret No 20 referred above, states that Ministry structures have to comply with the general structure of a National level organization, a provincial organization, public institutions [state enterprises], and the Cabinet of the Minister. By the time that Royal Decree of January 1996 was promulgated, the telecommunications ministry had already been formed. The sub-decree [Anukret] regarding MPWT was published in March 1998 as No 14ANK-BK/03/03/98. The sub-decree for the Ministry of Land Management, Urbanization and Construction was published in July 1999. Thus the Anukret No 14 governing MPWT precedes that governing the MOLMUC. By Anukret No 14 on the organization and functioning of the ministry of public works and transport, the Ministry of Public works and Transport has been authorized to direct and manage the public works and transport sectors of the Kingdom of Cambodia. Its duties and responsibilities are (a) to manage and develop the national policy on general public construction sectors by preparing principles, and laws and coordinating with other institutions to develop the country (b) to improve, maintain, and manage the infrastructures such as roads, bridges, ports, railways, water ways, and state buildings3, (c) to develop regulations related to the management of infrastructures of roads, ports, railways, and waterways (d) to develop regulations and manage all road transportations, railways and waterways, (e) to participate and jointly develop laws, rules and regulations relating to constructions, (f) to improve other various buildings4 as assigned by the Royal Government, and (g) to cooperate with the State Secretariat of Civil Aviation concerning any aeronautical construction. As defined by sub-decree/anukret, the Ministry of Public Works and Transport shall have the following organizational structure5:

- General Inspection; - General Directorate of Administrations, - General Directorate of Public Works and Constructions, - General Directorate of Transport, - Cabinet of the Minister, - Local based institutions, including a Regional/Zonal organization[s] and

provincial organizations. Under the Anukret, the provincial organizations reported to the Minister through the Regional/Zonal organizations.

- Stated Owned Enterprises; and

3 Currently under Ministry of Land Management, Urbanization and Construction 4 Currently under Ministry of Land Management, Urbanization and Construction 5 See appendix of this sub-decree

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- Public construction entities under the Ministry and special institutions.

When in 1999, RGC established Ministry of Land Management, Urbanization and Construction (MOLMUC) a number of departments and Stated Owned Enterprises and Public construction entities under MPWT were moved to MOLMUC. The actions as above then meant that many of the provisos of Anukret No 14 were overruled. Therefore, legally, the subdecree/anukret No 14ANK-BK/03/03/98 on the organization and functioning of the MPWT was null and void partially since the establishment of MOLMUC. To date there is no official amendment or new subdecree on the organization and functioning of the MPWT. Referring to the Royal Decree No 0196/03 NS/RKM of January 24, 1996, the organization and functioning of the MPWT have to be defined by Sub-decree. Therefore, RGC/MPWT has to amend subdecree/anukret No 14ANK-BK/03/03/98 on the organization and functioning of the MPWT as current mandate as soon as possible. This provides the legal enabler for the restructuring. Further, Article 23 of Anukret 14 states that the organization and functioning of local institutions shall be defined by a separate Anukret. While there is a Prakasa [No 344] for the provincial ministry organization, there is no Anukret on the subject. Nor is there a separate enabler for the Regional/Zonal organization as required by Anumret 14. It can therefore be clearly understood that currently there is a legal vacuum as regards the enabler for the structure of MPWT, which in any case has to be appropriately addressed. It can also be seen that the original concept was to have Zonal/Regional offices of the Ministry to coordinate and manage several provincial set-ups. This has also not happened. B. Organizational Enablers It may be derived from the above discussions that under the Sub-decree/Anukret No 14ANK-BK/03/03/98 there has to be (a) strong consonance between the construction, maintenance and overall planning functions and (b) strong consonance between the Regulatory and overall planning functions. The planning function therefore plays a pivotal role. These are a number of essential connections that are missing in the structure as of date:

a) The current organization structure is not 100% compliant with Anukret No 14, for the reasons mentioned earlier. b) ) Nearly all the departments of the MPWT for both national and provincial level are today concerned with road construction [this has already been discussed in detail in the inception report] and, c) Relatively less attention has been paid to the development of railways or inland waterways, and almost no attention has been paid to the development of hubs and junctions. d) The functional disjunction as in c) above, has arisen primarily from (i) the bifurcation of the Ministry between the General Directorate of Public Works and the General Directorate of Transport at the national level, making each one independent of the other with no coordinating structure interposing, (ii) absence of concrete planning for the overall transport sector [the planning department is grossly undermanned and far below capacity, and caters to documentary needs of the public works only and does not do any real planning at all], (iii) the absence of any legal function that can properly develop the necessary regulatory measures, and (iv) weak capacity in implementation of regulatory control measures.

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While the major tasks of MPWT currently are (a) Construction of transport infrastructure including, inter alia, roads, bridges, ports, railways, waterways, and airports, (b) maintenance of transport infrastructure, (c) establishment of laws, regulations and standards for construction and maintenance, and (d) establishment of laws and regulations and application of the same to the transport sector, it would also be seen that there are many non-core areas that have been included, especially for the Provincial Departments.6 Taken together, these are very wide responsibilities, and so far, while construction has been proceeding relatively expeditiously because of the government’s interest and focus upon it – especially roads, even the other core functions have not really taken off, in that sense.

The rationale of restructuring and reform thus also arises from the fact that as of current date, the ministry’s effectiveness in service delivery is hamstrung by a number of factors, quite a few of which are structural in origin. These factors have been discussed in detail in the inception report, and the same are not repeated here. Subsequent to the Inception Report, a number of other meetings were held with various functionaries of MPWT and their views on restructuring obtained. This sub-section presents the rationale for restructuring as interpreted and understood from all these discussions and debates on what should be done structurally to improve service delivery of the Ministry. The current organization structure is somewhat lopsided in that there is a broader top management than the rest of the organization seems able to support. This point has been elaborated upon in the inception report, and the same is not repeated here. The major point that was also underscored by MPWT functionaries was that there is a dissonance between the provincial structure of the Ministry and its structure at the national level. While at the provincial level there is an integrated Directorate of Public Works and Transport, at the national level there is a bifurcation. Thus decisions, especially those that involve both major strategic prongs of the Ministry, become difficult to take, and the provincial officers find it very difficult to get decisions from the headquarters since they have to approach a number of different functionaries in a number of departments. For the citizens also, there are issues because the same function is carried out by a number of departments. Thus, while the Road Infrastructure Department is responsible for roads, other departments such as Air infrastructure Department, Technical Research Center, etc., all are also concerned with roads but relatively less attention has been paid to them assigned duties/functions. Road safety, for instance, is looked after by both the wings of the Ministry– Public works, and Transport. This gives rather a confusing picture not only to outsiders, but also internally, and creates procedural confusion and overlap. Other reasons leading to restructuring include first, the fact that there is considerable overlap of functions between the various Directorates and Departments, and in many cases the rationale is unclear. Such overlap frequently leads to lapses in management also. Second, some functions that need obviously to be strengthened in order to improve Road Asset Management, and there are some functions that need to be introduced so that line departments themselves can be functionally strengthened. These include the functions of centralized procurement, legal services, asset management, and technical audit. Good Governance Issues

6 Prakasa No 344 on provincial organization of the MPWT includes such matters as sanitation and provision of roadside public conveniences, street furniture in cities, research and development in Transport sector, sewerage treatment etc.

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One of the reasons for making suggestions on restructuring is to increase the level of good governance, in terms of the Demand for Good Governance project which is already under implementation. The implications of the specific suggestions on restructuring so far as the Good Governance Framework is concerned are discussed in more detail in the sub-section on Implications of the Suggestions later in this Chapter. Current Organization There are 3 General Directorates, and one General Inspectorate in the Ministry Structure. There are no departments under direction or management of General Inspector. The General Inspection shall be directed by a General Inspector who may be assisted by one or more deputy General Inspectors as necessary. The General Inspector of the Ministry of Public Works and Transport shall have duties (a) to regularly conduct inspection of institutions under the control of the Ministry, (b) to report to the Minister on the functioning of these inspected institutions and on their improvement, and (c) to perform its duties as assigned by the Minister. The General Directorate of Administrations shall be in charge of coordinating, facilitating, and managing of administrative and personal affairs, material and logistic accounting, finances, and research development and planning. There are 4 departments under the General Directorate of Administration:

1. The Administration Department is in charge of:

- coordinating all activities between the centralized departments of the Ministry and institutions under its control;

- managing and disseminating administrative documents; - assuring the safety and effectiveness of the administration; - preparing report on the Ministry’s works and other activities.

2. The Personnel and Human Resources Department is in charge of:

- managing the administrative field, personnel and civil servants of the Ministry in collaboration with the Sate Secretariat of Civil Service;

- preparing administrative documentation for staff recruitment; - preparing the staff appointment and managing the human resources of the

Ministry; - evaluating the needs of personnel training; - preparing initial training policies and implementing in collaboration with the

State Secretariat for Civil Service; - preparing management statistics and operation information tables; - monitoring all socially related matters of the Ministry.

3. The Accounting and Financial Department is in charge of:

- keeping invoices and preparing assets inventory for the Ministry; - keeping all technological, financial, and accounting information; - preparing and implementing budget of the Ministry; - collecting incomes pursuant to the Financial Law; - reconciling and facilitate pursuant to the budget items; - reconciling and facilitate expenditures of the Ministry; - supervise techniques of operation of public procurement.

4. The Planning Department is in charge of:

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- compiling all requests and preparing the Ministry’s budget for equipment repair; - monitoring operation of special accounts; - supervising technical aspect of public procurement operations; - preparing and monitoring database systems of the Ministry and determining its

development program within every sector; - developing cooperation programs inside and outside the country in the fields of

public works and transportation;

- coordinating foreign aid and monitor its use. The General Directorate for Public Works and Construction7 is in charge of directing, managing, monitoring, and supervising the construction and repair of works, maintaining of roads and bridges infrastructure, monitoring public building construction and controlling the construction and rehabilitation of the state heritage as directed by the Royal Government. The General Directorate of Public Works and Constructions consists of 6 departments:

1. The Department of Roads Infrastructure. This Department is in charge of (a) construction, repairing, management of roads, (b) development and promulgation of Regulations pertaining to road infrastructure, (c) design and installation of road furniture and road beautification artifacts, (d) construction, repair and management of ferries, docks, and urban roads, (e) preparation and execution of works program for roads and bridges, (f) development and promulgation of technical documents relating to roads, urban arts, road furniture, docks, bridges, etc., (g) creation and updating of road asset database, (h) preparation of budgets and plans for maintenance of roads, bridges, urban arts and street furniture, (i) management of public assets. waterways, and railways. It also has the responsibility of managing and developing road and bridge maintenance programs , quality assurance etc.

2. The Heavy Equipment Center is in charge of (a) researching, developing, and implementing for new construction works, (b) administering and controlling equipment and machinery under its management/Ministry, and (c) assigning and providing training to civil servants who are in charge of these machineries/equipment.

3. The Technical Research Center is in charge of:

- preparing technical standards/regulations/specifications for works to be implemented; - researching and preparing public works project; - evaluating of construction costs, material quality and modern technology for works

implementation of the Ministry.

4. The Department of Building Construction - NOT AVAILABLE.

5. The Department of Waterways is in charge of:

- studying and conducting works relevant to traffic along national waterways; - preparing maps and plans of rivers and canals; - putting signs and buoys along rivers; - taking measures to clear obstacles in waterway traffic; - informing river transport drivers of any recently discovered obstacles; - relocating transportation means, rafts, floating houses to be located in reasonable places; - reviewing construction proposals in, under, or above rivers; - studying erosion works; - taking measures to dredge rivers to serve transportation; - building local ports in collaboration with local authorities;

7 The General Department of Public Works and Constructions under MPWT is now called General Directorate of Public Works themselves without legal papers.

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- managing watersites; - reviewing proposals to dredge river and pull in that could affect the depth of rivers; - imposing fees on waterway transportation; - recording water height along river within the country for waterway traffic.

6. The Airport Infrastructure Department shall collaborate with the State Secretariat for Civil Aviation in the construction of airport to:

- study and monitor airport construction projects throughout the country including state and private construction under BOT scheme;

- study, select and control the location of airport construction projects; - develop technical regulations and airport construction works;

The General Directorate for Transport is in charge of controlling and monitoring the ground, water, and air transport and shall prepare all rules and regulations to facilitate and assure traffic safety. The General Directorate consists of 3 departments, the Land Transport Department, the Department of Inland Waterways Transport, and the Department of Merchant Shipping. The functions of these Departments are as below:

1. The Land Transport Department is in charge of (a) managing and developing rules and regulations, maintaining safety, and facilitating ground transport such as road and railway transports, (b) computerized issuance of driving licenses, vehicle registrations, transport licenses, routine certification slips and statistical information, (b) Regulatory activities including the development and promulgation of traffic regulations, regulations concerning driving skills and tests, as well as regulations concerning traffic certifications, (c) guidance to towns and cities on management of traffic, pricing of rail and road transportation, and (d) issuance of international and regional transport licenses for passengers and cargo.

2. The Department of Inland Waterway Transport is in charge of:

o managing any transport along rivers, creeks, small rivers, and lakes; o making and monitoring the enforcement of rules and regulations and the

conduct of river’s transportation; o supervising and monitoring the transport development policies; o issuing driving licenses, boat and driver identifications and business licenses; o administering local ports; o check the boat’s statute inside the country.

3. The Department of Merchant Shipping has the following functions and responsibilities -

a- managing the general administrative works of commercial ships and public institutions of the state: managing regular maritime transportation and monitor the enforcement of

rules and regulations and monitor the armaments hors conference. researching in order to integrate the state armements into the professional

leading movements; studying and evaluating the quality and quantity of the state demands on

commercial ships; researching on scientific and techniques of shop’s conception; instructing all technical documents assisted to the shipment’s investments; preparing formalities on maritime ship statute.

b- international and regional maritime cooperation: making and proposing technical base for international and regional

maritime cooperation; managing international and regional maritime cooperation;

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managing bilateral agreements on maritime transport cooperation; negotiating international maritime transport arrangement;

c- management of related professions in the maritime fields.

The cabinet of the Minister is responsible for all missions defined by the provisions of Anu-kret No.20/ANK/BK of April 30, 1996, regarding the organization and functioning of ministries and state secretariats. Local offices of the Ministry (Provincial/Municipal Departments of Public Works and Transport) include the Regional Departments and the Provincial/Municipal Departments of Public Works and Transport, which are responsible for implementing and facilitating the activities of the Ministry. The organization and functioning of the local offices are defined by a separate Anukret [No14/GnRk/bk dated March 30, 1998]. The local institutions have been brought under Prakasa No 344 on the Organization and Functioning of the Provincial Department of Public Works and Transport, which was issued pursuant to the Constitution of the Kingdom of Cambodia and the Royal Decrees No ns/rkt/1198.72 dated November 30, 1998 [on the nomination of the Royal Government of Cambodia], ns/rkm/0196/03 dated January 24, 1996 [on the formation of the Ministry of Public Works and Transport, and Anukret No 14/GnRk/bk dated March 30, 1998 [on the organization and functioning of the Ministry of Public Works and Transport, and the needs of the MPWT as expressed in official Notes.

The duties and obligations of the local entities under the Ministry of Public Works and Transport called “Provincial Department of the Public Works and Transport” are, (a) to act on behalf of the ministry, implement the government policies on public and transport sectors at provincial level, (b) to administer and prepare human resource development plan for the civil servants under their control, (c) to monitor all kinds of transportation sectors including means of transportation, parking lots, repairing garages based on the ministry’s guidelines, (d) to maintain infrastructure such as roads, bridges, ports (except Phnom Penh Autonomous Port and Sihanouk Ville Autonomous Port), airports…dirty water decantation stations, ferry stations, buildings, land, which are under their control, (e) to manage and maintain provincial public sanitation along the national roads and other roads, and (f) research and prepare development plan for provincial public and transport sectors.

The Provincial Department of Public Works and Transport is headed by a Director a number of Deputy Directors as needed. The Department consists of (a) a Central Office which has the functions of (i) administration, (ii) planning and accounting, (iii) public works and (iv) transport under it, and (b) various units including (i) a Heavy Equipment unit, (ii) a bridge and road unit, (iii) a Bus transport unit, (iv) a port and waterways unit, (v) a gardening unit, (vi) a sanitation unit, and (vii) a salvage and water treatment management unit. There are also District offices of the Ministry of Public Works and Transport. The Units under the provincial department of Public Work and Transport have been made equivalent to the central office of other Provincial Departments of the Province. Each Office is headed by one officer and his assistants. Each Unit is headed by a Chief and Deputy Chiefs are posted under him.

Public Enterprises under the Ministry of Public Works and Transport are classified as (a) State Owned Enterprises, (b) Entities under lease agreement and ongoing processes, (c) other enterprises.8 These are listed under Anu-kret No. 41 ANK/BK of August 06, 1997.

8 State owned enterprises include the Royal Railway of Cambodia, Sihanoukville Autonomous Port, Phnom Penh Port, Kampuchea Shipping Agency Branches (KAMSAB),Vehicle Transport Company, Passenger Transport Company ,Equipment and Material Department, Phnom Penh Construction Enterprise, Construction, Machinery and Repair Enterprise, Research and Study Construction Plan Enterprise, Kampong Cham

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Assumptions behind Restructuring Based on a holistic evaluation, the following principles have been developed for guiding the restructuring exercise:

• Integration of Public Works and Transport at General Directorate level • Strengthening of Line Departments • Providing proper systems of checks and balances in the Departments and Ministry • Positioning of special Technical Units so as to maximize impact and effectiveness • Optimization of flow of accounting and other information • Removal of gap between stated [formal] functions of departments and offices and

actual functions of the departments and offices • Removal of functional ambiguities where such exist • Removal of the necessity to create ad hoc committees • Strengthening of internal links

The inception report provided basic guidance for restructuring and reform, as follows:

a. Any organization reforms and restructuring recommended will take as its first point (i) the need to separate the policy making function from the executive decision-making function, (ii) the need for the reforms to be driven and support from the top, (iii) inclusion of functions which are currently not there or which need particularly to be strengthened, (iv) need to introduce professionalism, and (v) clearly bring in an overarching concern for the national interest.. The restructuring exercise should also take into account (a) provision of planning and environmental and social safeguards functions at all levels, finally, (b) the need for Oversight, without such oversight intruding into executive functioning.

b. Specific recommendations will need to be made in regard to creation of new

departments or amalgamation of old ones, and also the need to create new Directorates, as deemed appropriate, should be stated and the need defined. In view of the current personnel situation, a set of strategic steps to be taken shall need to be stated, which may be followed in the short-term, in the medium term, and in the long term.

c. Existing gap between formal and actual functions of departments is to be reduced and

resolved, if necessary by redesigning the formal functions and appropriately modifying the actual activities being now carried out.

d. Recommendations will need to be made on the ways that the line Directorates and

their subordinate Departments can be strengthened meet the expectations of all stakeholders and them functions/duties so that there is no need to set up Working Groups for new projects. The General Inspectorate and Inspectors needs to be re-evaluated, strengthen and upgraded.

Construction Enterprise, Transport and Material Enterprise, Sand and Marble Construction Enterprise, Historical construction Enterprise, Color Tile Enterprise, Driving School. Entities under Lease Agreement include Sawmill Factory, and Makara Repair Workshop. Other Enterprises include the Cambodian Shipping Company ,and the Construction and Public Works Laboratory.

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e. Opportunities must be provided for Director and Deputy Director levels to be involved in decision-making in an appropriate manner. This is thought to be especially important because there are a large number of projects of the MPWT in the pipeline, and it is obviously not advisable to go on creating a large number of PIUs and PMUs.

f. Lower level job descriptions must be created in a manner that allows little room for discretion.

g. Explicit modes for functional coordination and information sharing between

Departments, and between Directorates must be designed.

h. A substantive structure shall need to be designed so that training and capacity-building activities can be carried on in a sustainable manner and in ways that are aligned with the continuing needs of the Ministry[s].

i. There is also a need to set up a full-fledged Technical Audit function, and a Research

Facility. The Technical Research Center needs to be re-evaluated and upgraded.

j. Recommendations must be made on ways to improve Management Information Systems within the Ministry[s] so that decision-making levels are kept informed of activities that are directly related to them, and generally as to the executive actions taken by the Ministry and the results thereof.

k. Flow of Accounting information shall need to be streamlined so that it leads to

Financial information being shared with the executive departments as a routine information sharing exercise. This will assist in qualitatively improving effectiveness of good governance and decision-making in the line departments and Directorates.

l. Guidelines must be provided for intra-departmental functioning, and the functioning

of the Offices under those departments.

m. Finally, the recommendations made must be practicable, and specific practical and

doable steps must be given for the transition from the present structure to the recommended one. The timelines as estimated should be provided, and the resources needed for bringing about the changes should also be stated.

It is clear then that the rationale for restructuring emerges from a need to streamline the functioning of the Ministry as a whole, which, as of today, is perhaps not optimally structured. The government and the ministry are aware of the current situation and the ministry has already set up a working group for considering restructuring options. This group has been formed at the top level and is empowered to recommend details of restructuring proposals to the Minister. It should however be noted that this is the third restructuring exercise within the Ministry, and that the earlier exercises had failed to substantially increase effectiveness or service delivery. Proposed Design The fundamental changes that are recommended are as follow:

• The functions of Public Works and Transport are recommended to be combined at all levels – from the national level downwards.

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• The geographical country of Cambodia is to be divided in terms of Three

Zones, ZONE 1 (all provinces located between Tonle Sap and Coastal Region), ZONE 2 (all provinces located between Tonle Sap and Mekong River) and ZONE 3 (all provinces located east of Mekong River). The Ministry would be administering each of these Zones as integrated Transport Sector Zones. Each Zone will be a General Directorate and be headed by a Director General of Public Works and Transport.

• The General Directorate of Administration and Planning to be bifurcated into two General Directorates, the General Directorate of Management Services, and the General Directorate of Technical Services.

• Each of the two new General Directorates [Management Services and Technical Services] to have additional functional responsibilities.

• Centralized functions of Procurement and Environment Social Office, with representations down to the Provincial level, have been introduced.

• A new function of Technical Audit, which addresses issues of Technical Operational Audit, Technical Evaluation and Standards Interpretation and Guidance, has been introduced.

• Recommendations have been made on streamlined Accounting Information flows.

• At the Zonal level, it is proposed that there is a representation of all the major central functions.

This report does not deal with (a) manpower requirements in detail, except for some specialized functions, (b) structures below the level of a Department/Section, and (c) detailed job descriptions and qualifications of incumbents at the lower levels. Those are outside the purview of the TOR of the Consultant, as defined. In making the recommendations, attention has been given to the points of weakness – structurally speaking- which were identified in the Inception Report, and a Section has been included on the implications of the proposed structure for what obtains at present. Attention has also been given to the fact that the existing manpower and departments should, to the extent possible, continue to discharge their existing duties under the new structure.

The existing structure of the MPWT as provided in Anukret No 14,is as shown in Figure 1 below. It will be seen that there is a clear provision for a Zonal Structure, which is superposed on the provincial ministry structure, and which reports to the Minister directly.

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Fig.1 Existing Organizational Structure

It is seen from the above that in the Ministry there are three major General Directorates and twelve departments under them, excluding the General Inspectorates. There are also the two Regions and 24 provincial Municipal and Provincial Public Works and Transport departments. It may easily be seen that with all the executive functions reporting to the Minister directly, there is bound to be overlapping of boundaries and distortions into the formal chain of command and also decision-making processes. The number of functionaries at senior levels are as follow:

Designation Number

Secretary of State 7

Undersecretary of State 8

Advisers 4

Director General [including General Inspector] 4

Deputy Director General 12 [4 each under PW and Transport, 3 under Genl Inspector and 1 under Adm. and Planning]

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Director 15+2 [including Director of

Internal Audit, and Director General of Central Laboratory who is actually in the rank of Director of MPWT]

Directors of Provincial Departments of PW and Transport [lower than Director in central ministry]

24

Other than the above, there are four other principal functionaries [in the rank of Director-General] who are in charge of, respectively, Phnom Penh Autonomous Port, Sihanoukville Autonomous Port, KAMSAB, and the Royal Cambodian Railway. However, there has been some internal discussion in the Ministry as regards the status of the Royal Cambodian Railway, and it is being discussed whether it should be downgraded to the level of a Department, or not. Further, as per the Anukret No 41, there are other, smaller enterprises also which report to the Minister. These are discussed in paragraphs below. The above distribution of personnel in the various levels and the number of departments that they supervise, is shown in the Table below:

Total top-level [who supervise…]

Total Senior management level [D-G and Dy. DG], [who supervise…]

Total Senior middle-level [Directors], [who are in charge of]

No of Departments

No of Departments which report to Minister directly

19+1 [includes the Minister himself]

12 [executive] +4 [Inspection]

11[executive]+6 [Inspection, audit and other]

12 [executive] 24

In fact, in aggregate terms the structure presents a linear progression upwards in straight lines, with a one-to-one relationship from the senior management level down to the level of the departments, and thus, an unbalanced span of control. At the top level, if one excludes the Advisers, then there are 16 persons supervising basically 3 Directors-General, and 9 Deputy Directors General under them. The 9 Deputy Director Generals in turn supervise 10 departments, through the Directors. The HR department reports, in reality to the Under secretary of State, and there is one department in the PW General Directorate which reports also to one DDG. In the detailed organization chart however, all the separate departments are shown as directly reporting to the Director General – which of course is not the case in reality, but advantage is frequently taken by the functionaries of these linkages. The detailed official organization chart is given below. As stated, the first point was to combine the functions of PW and Transport at the National level. At the same time, it was thought necessary that the specific linkage of the 24 provincial directors to the level of the Minister is not conducive to proper administrative functioning, considering that these provincial directors are at the level of deputy directors at the central level. A reasonable administrative span of control was therefore sought to be developed. Fortunately, the geography of Cambodia lends itself to three natural Zones, one the South of Tonle Sap, one between Tonle Sap and Mekong rivers, and one to the East of the Mekong river.

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Thus the first recommendation is to create three Zonal General Directorates of PW and Transport, each headed by a Director General. This is compliant with the original concept of Anukret No 14. The major advantage of creating the Zones is the following. The RGC is trying to decentralize operations through a planned effort over the coming years. As such, major activities would be decentralized down to the provincial level at some point of time. The creation of Zones is an intermediate step towards that goal, considering that it will take quite some time for the provinces to develop sufficient capacity to address all necessary works suitably. As capacity grows, functions at the Zonal level will increasingly become staff functions except perhaps, for a few which may include Highways and large Public Private Partnerships.

Fig.2 Detailed official organizational Structure of MPWT

In this connection, it may be noted that the number of persons at the top level and senior middle levels nearly match, and actually there is a kind of chicken’s neck in the hierarchy. This is shown in the figure below.

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An alternative of having one DG in charge of both PW and Transport and 3 Deputies under him, was considered and rejected. Having only one DG in charge of PW and Transport would then imply that similar treatment should also be given to the General Directorate of Administration and Planning, and that there should only be one DG [of Management and Technical Services] under who there would then be two DDG, one in charge of Management Services and one in charge of Technical Services. It can easily be seen that administratively speaking, the above is not an acceptable proposition. The following Table shows why. If option 2 – that is only DG in charge of all three Zones and one DG in charge of Technical and Management Services were to be adopted, the chances of upward mobility would drastically reduce.

Designation Original Recommended Option as per Paragraph 32

Not recommended option – One DG and 3 DDG

Original Ratio of higher to lower Revised (1)

Ratio of higher to lower Option 2

Director General

3 5 2

Dy. D-G 9 10 5 1:3 1:2 1:2.5

In addition, under the rejected alternative, there would be a reduction in the number of senior positions [1 at the level of Director General, and 4 at the level of Deputy Director General]. The rationale for not recommending the alternative is also that motivation levels of employees in the Government of Cambodia is already very low. If recommendations are made [and accepted] to further reduce number of senior positions and to curtail chances of upward mobility, then the motivation problem is likely to be aggravated, and may lead to attrition at

19 Top-level Functionarie

3 Directors General [Executive]

9 Deputy Directors General

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the senior levels. This would be disastrous. The purpose of restructuring is to have an effective organization, not a denuded one – especially where capacity is at a premium, and at the same time, the government does not have the resources to adequately reward merit at levels comparable to the market.

The issues that can be raised with regard to the proposition made, are those of functional integration. These will be discussed later in this Section. For now, the structure as recommended up to the senior level, is shown below in Figure 3.

The important considerations, below the level of the Directors-General, relate to the Departments that will report to each. And how the Departments would be carved out of the existing departments and what would be the manpower distribution. It is recommended that a typical Zonal General Directorate have the following Departments

The issue that may be raised here is that through this means the problem that was at the national level [bifurcation of the two major function], is simply being transferred downwards to the Zones. Such a statement would be both correct and incorrect. At a superficial level, it is correct to say that the national level structure has been pushed downwards. At a deeper level it needs to be appreciated that there is no bifurcation at the national level. This means that the integration at the provincial level [where there are Offices dealing with PW, and offices dealing with Transport issues] is simply reflected at the Zonal level. The advantage here is that this is an intermediate level, and therefore there are two advantages that are derivable – (a) that since the number of provinces that report to the zones is less than what would report at the national level and seek guidance and decisions, the likelihood of each province getting much more focused attention and relative prioritization, is much better; and (b) that zones being much more close to the ground realities, integrated application of transport sector policies would be much more feasible and practicable, and could also be subject to better monitoring and evaluation.

Fig.3 Suggested Organizational Structure to the Level of Director General

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Suggested functions under each of the Departments are as follow:

EXISTING BECOMES NEW

BECOMES NEW

BECOMES NEW

EXISTING

General Directorate of Public Works

General Directorate of Public Works and Transport Zone 1

General Directorate of Public Works and Transport Zone 2

General Directorate of Public Works and Transport Zone 3

General Directorate of Transport

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Department of

Public Works Zone 1 (former RID)

Department of Public Works Zone 2 (former HEC)

Department of Public Works Zone 3 (former DAI)

Department of Roads

Office of Roads, Zone 1

Office of Roads, Zone 2

Office of Roads, Zone 3

Heavy Equipment Center

Office of Equipment and Asset Management, Zone 1

Office of Equipment and Asset Management, Zone 2

Office of Equipment and Asset Management, Zone 3

Department of Waterways

Office of Inland Waterways Infrastructure, Zone 1

Office of Inland Waterways Infrastructure, Zone 2

Office of Inland Waterways Infrastructure, Zone 3

Department of Air Infrastructure

Office of Air Infrastructure, Zone 1

Office of Air Infrastructure, Zone 2

Office of Air Infrastructure , Zone 3

Finance Office Finance Office Finance Office

Procurement Office

Procurement Office

Procurement Office

Office of Administration

Office of Administration

Office of Administration

Environment and Social Safeguards Office

Environment and Social Safeguards Office

Environment and Social Safeguards Office

Other Offices [New]

Planning and Design Office

Planning and Design Office

Planning and Design Office

Public Works Research Center

Renamed and Attached to General Directorate of Technical Services

Department of Transport Zone1 (former DT)

Department of Transport Zone 2 (former DWT)

Department of Transport Zone 3 (former DW)

Office of Road Transport, Zone 1

Office of Road Transport, Zone 2

Office of Road Transport, Zone 3

Department of Road Transport

Office of Water Transport, Zone 2

Office of Water Transport, Zone 3

Department of Water Transport

Department of Merchant Marine

Department of Merchant Marine

Finance Office Finance Office Finance Office Other Offices (New) Office of Office of Office of

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Administration Administration Administration

Basically, existing Departments are tri-furcated into the three Zones so far as the PW wing is concerned. So far as the Transport wing is concerned – the major departments can each be attached to a Zone, with the mandate that each would have to perform all the functions of the existing General Directorate of Transport. This can be achieved through a judicious transfer of concerned persons from one Department to another, creating the offices and allowing the specialized functionaries to carry out their duties through those Offices.

Currently, there are 3700 persons in the MPWT. Of these, 1500 are in the central Ministry. Prima facie, it does not appear that more positions would be needed since (a) these would provide on the average 300 persons for each Zonal General Directorate and the two centralized General Directorates. This of course excludes the General Inspectorate, which has a small complement of staff anyway.

It is proposed that the present General Directorate of Administration and Planning be split into 2 General Directorates, as follow:

The rationale behind the suggested bifurcation can be briefly stated as below:

• At present the technical functions and administrative functions are mixed up. This means that the technical functions are often able to perform to their best because they have no other technical support within the Directorate. This is particularly so for the Department of Planning, which in real terms, does not do planning as such. What it really does is to evaluate bids, and also act as a post office to pass on data and documents prepared by other Directorates to the Ministry of Planning.

• One very large Department of Administration and Planning causes delays in decision making for technical purposes, which is not affordable.

• In any case it is necessary to build up the Departments of HR [because there is hardly any proper HR in the Ministry], the Department of Finance and Accounts [so that all accounting including Accounting for Funded Projects can be done by them], Legal Services [because no proper Rules and Regulations are being developed], and the Department of Procurement [new, but important from the point of World Bank, ADB, etc.]. This cannot be done unless each Department is paid direct and focused attention. Creating a separate Directorate will permit the

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Director General to pay close attention to capacity development in these areas, and to see that the departments do their tasks as expected of them.

• On the technical side it is necessary to add further technical capacity for such matters as Technical Audit and Technical Evaluation. At present the Technical Research Center is preparing Bid documents, which is not really their work. Bid documents have to be prepared by the User Department, and they have to be technically vetted by another expert department. Therefore it is necessary to see that such functions can also be closely supervised and developed under the guidance and attention of a Director General level person

There would be some new functions added to the General Directorate of Technical Services and some new functions will also be added to the General Directorate of Management Services. This is shown below.

In addition, as stated earlier, some new functions are to be added to the General Directorates of Management Services and Technical Services, as follow:

New Function Goes To General Directorate of Management Services as

Goes To General Directorate of Technical Services as

EXISTING BECOMES NEW BECOMES NEW

General Directorate of Administration and Planning

General Directorate of Management Services

General Directorate of Technical Services

Department of Human Resources

Department of Human Resources

Department of Planning and Investment

Department of Planning and Investment

Environment and Social Office [under Department of Planning]

Office of Environment and Social Safeguards [under Department of Technical Audit, see below]

Technical Research Design and Supervision

Department of Administration Department of Administration

Accounting and Finance Accounting and Finance

PIU of different projects [under PW]

Accounting and Finance(Accounting function for projects)

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Central Procurement Department of Procurement

[combining procurement function of PIU for project procurement and procurement officers for government procurement from various departments for Government Procurement]

Technical Audit Department of Technical Audit

Legal Department Department of Legal Services [strengthened Office of legal services under current Department of Admin and Planning]

Department of Training and Capacity Building

Department of Training [strengthened Office of Training currently under HR]

To summarize, the Offices under the various Departments would be as follow:

• General Directorate Zone 1/2/3 o Department of Public Works Zone 1/2/3

Office of Roads • Highways • Secondary Roads • Bridges

Office of Administration Office of Inland Waterways Infrastructure Office of Air Infrastructure Office of Equipment and Asset Management Office of Planning and Design Zonal Procurement Office Zonal Finance and Accounts Office Zonal Environment and Social Safeguards Office

o Department of Transport Zone 1/2/3 Office of Administration Office of Road Transport Office of Merchant Marine [Zone 1 only] Office of Water Transport [Zones 2 and 3 only] Zonal Finance and Accounts Office

o Department of Railways

• General Directorate Management Services o Department of Finance and Accounts

Office of Financial Administration

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Office of Strategic Finance and Budget Office of Ministry Revenue Accounts Office of Project Accounts Office of Assets Management

o Department of Human Resources Office of Personnel Administration Office of Recruitment Office of Compensation and Benefits Office of Performance Evaluation and Growth Counseling and Grievance Handling

o Department of Training Office of Planning and Execution

• Training Plans • Negotiations with Service Providers and individual Faculty • Preparation of Training Materials • Execution of Training Programs • Training Database • Surveys and Tracer Studies

Training Administration and Logistics Office • Payments to Faculty • Other payments for Training Programs • Program Support • Logistics

o Department of Procurement Procurement – Government Funded Projects

• Preparation of Bid-documents • Tendering • Bid-evaluation • Reports • Contracting

Procurement – Multilateral and Bi-lateral funded Projects • Preparation of Procurement Plans • Negotiations with Funding Agencies • Preparation of Procurement Activity Schedules • Preparation of Bid-documents • EOI • RfP /RfQ • Evaluation of EOI and RfP/ RfQ • Obtaining of necessary approvals • Contracting

o Department of Administration Office of General Administration Office of External Coordination Office of Protocol and Public Relations Information Services

o Department of Legal Services

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Office of Regulations Development Office of Opinions and Vetting Office of Legal Compliances

• General Directorate of Technical Services o Department of Planning

Office of Strategic Planning and Investment- Transport Sector • Integrated Programs • Specific Programs • Detailed Investment Plans

Transport Infrastructure Planning Coordination and Consolidation Project Planning andEvaluation

o Department of Design and Supervision Office of Technical Design Office of Costing and Estimation Office of Project Supervision

o Department of Environmental and Social Safeguards

Office of Environmental Safeguards and Concurrence Office of Social Safeguards and Concurrence Office of Project Evaluation Office of Monitoring and Evaluation

o Department of Technical Audit Office of Technical Operational Audit Office of Standards Interpretation and Guidance Office of Technical Evaluation and Vetting

In addition to all the above it is proposed that a separate Research and Training Institute be created under the aegis of the MPWT. The Institute would have Faculty engaged in the following activities:

o Knowledge updating in Technical Design and Specifications o Surveys and Statistics for the Transport Sector o Long term planning for the Transport Sector o Advanced Training for MPWT Engineers

It is to be noted that currently the capacity of the MPWT is quite low and thereforesome of the listed functions cannot be effectively performed by existing personnel. For that reason, it will be important to provide external assistance [TA] to the MPWT to develop capacity for discharging these functions[Technical audit, Procurement, Strategic Planning, Strategic Finance and Investment Planning] and handholding, until a certain level of assurance of effective functioning is reached. Detailing of some important functions The Planning Function. The Planning Function comes under the Department of Planning, and performs the following Tasks:

• Preparation of Long-term Strategic Plans for investment • Preparation of Medium-term Strategic Plans for investment

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• Collation of Annual Plans to match with Medium Term Plans and Three Year

Rolling Plans • Preparation of Projects for Funding Support • Coordination with Aid/Funding Agencies • Economic Evaluation of Projects • Consolidation of Capital portion of Budget • Coordination with Parliamentary bodies and other Ministries as required

The Strategic Planning function {SPF], should be headed by a person exposed to Planning in general, but preferably Transport Planning. The Strategic Planning function should take Transport Planning of the whole country as its starting point and then proceed to derive requirement of roads and other traffic and transport infrastructure with a country-wide perspective. Basically the Strategic Planning Wing will prepare medium and long-term programs that are (a) integrated between the various modes of transport, and (b) specific programs that are housed within a specific sub-sector, such as roads, or inland waterways, etc. However, both kinds of programs would need to be dovetailed in terms of the overall Sector Plan, which would also carry Government Approval, and would also be updated from time to time. The SPF would also be required to prepare detailed investment plans. All Projects to be undertaken by the Ministry would be housed within one or the other of the Plans.

The concept as presented above has certain advantages. Once programs are designed and agreed upon, a series of projects can be conceived within those programs. All the programs would be derived from the overall Sector Plan and all the projects would be logically linked to the Programs of which they are parts. This means that the Government could then approach the donors with a sector-wide portfolio, and donors could choose what they wish to fund. They could either provide Sector budgetary support [where donor involvement is less- and this would certainly work better for bi-lateral funding], or Program support, or project support. Of course it would be still necessary to do detailed project planning, and that is what the specific section in the Planning department will do.

The general structure of the planning department is suggested to be as shown below in the diagram –

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The above diagram represents the basic structure of the Planning Function. It is certainly possible to add other specializations and other staff over a period of time. However, given that in Cambodia there is already an acute shortage of qualified personnel who are willing to work for the Government, only a minimum number of specialists has been shown here. PF will prepare and present its plans to the policy-making body through the Director General of Technical Services, after it has been cleared by the informal group of all Directors-General. After approval is obtained on the general plan from the policy level, the Planning Department will prepare detailed plans and projects and submit the same also for approval, after obtaining concurrence from the relevant Department and Director General. Thereafter, the Planning Department will make all necessary presentations to Funding Agencies and will also coordinate with them to satisfy all the conditions as may be imposed with regard to sanction of Funds. The functions of coordination with other ministries and government organizations, such as the ministry of Planning are important because on the one hand the Strategic Plan of the Ministry has to proceed in a manner fully aligned with the National Strategic Plan, and on the other hand there has to be a focus on the achievement of the Millennium Development Goals. The structure of the PF has intentionally been kept horizontal. This is a specialized staff function and it should rely more on cooperation between professionals than a hierarchical structure, in order to reach desired outputs and outcomes. Thus there is no provision for the Head of a Wing. The professionals in the Wing will nominate one of their Group as the Coordinator of the Wing and the function of the Coordinator will essentially be to attend to the minimal administrative tasks that are required, with assistance from the support staff. The coordinator will also call meetings of the group and distribute tasks and timelines through a process of consensus. The structure has also been designed with a view to encourage close cooperation between the different Wings. It can be clearly seen that no Wing can complete a given task just by itself and will necessarily have to take the help of others. Environmental and Social Safeguards. In terms of the TOR of the current assignment, the organization of the ESO is the most important task since a great reliance is being placed on the implementation of environmental and social safeguards in Road Asset Management. Currently the ESO is placed under the Directorate of Planning, and in the proposed structure it has been given a separate Departmental identity. Thus this will be called the Department of Environmental and Social Safeguards [DESS].

The basic functions of the DESS are recommended to be as follows:

• Review of projects and sub-projects with regard to environmental and social

issues before they are cleared for tendering • Ensuring that costs of environmental and social management and mitigation

measures have been properly taken into account at the time of project preparation and providing concurrence thereon. This step would be mandatory before financial concurrence on any project or sub-project can be taken.

• Ensuring that Monitoring and Evaluation measures with regard to Environmental and Social safeguards are working properly and to receive and review necessary reports in these regards.

• To conduct monitoring and evaluation exercises suo moto with a view to ensuring that ground level reports are authentic

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• To suggest and recommend measures to Strategic Planning Function by

which environmental and social risks could be mitigated. • To provide compliance reports to Agencies and other entities as may be

required. • To provide assurance to the policy making body and the executive body with

respect to compliance with safeguards • To coordinate with the Ministry of Environment and such other related

agencies or ministries as may be necessary.

The specializations that will be needed in DESS will be from the following:

• Environmental Engineering • Social Impact Evaluation and Social Safeguards implementation • Resettlement and Rehabilitation • Forestry and Agriculture • Soil • Civil Engineering [roads and bridges] • Zoology • Environmental Economics • Hydraulics [water bodies] • Costing • M&E

A suggested structure for the DESS is as shown in the diagram that follows. It will be noticed that a specialized group has been suggested for evaluation and monitoring. This is an important function as has been discussed earlier, and considerable emphasis needs to be put on the same.

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Forestry and Agriculture is another specialization, which needs to be introduced into the ESO because Cambodia is primarily an agricultural country with a wealth of forest resources that need to be conserved. This is particularly important in case of secondary and tertiary roads. While the tertiary roads are not the responsibility of the MPWT nevertheless there are always spillover and consequent environmental and social effects which need to be considered by the ESO. The functions of the Project Evaluation Group will include providing concurrence to projects and sub-projects from the environmental costs point of view and reevaluation of IRR and ERR of projects with regard to environmental and social safeguards implementation and maintenance. This is a function that is currently not being performed at all. The Amendment Form for the Ministry’s PIP shows that while there are columns for recording environmental and social impacts, in practice these are only being paid lip-service to, and that no environmental and social impact mitigation costs are being taken into account. Obviously, this situation needs to change. Unlike in some other departments and functions, separate secretarial staff need not be provided to each of the specialized groups within the DESS. This is because it is not anticipated that there will be a lot of secretarial work in this unit. Most of the work will be concerned with the evaluation – either field or desk level- that are to be performed by the Specialists only. However, in line with the structure of the SPF, in the DESS also, a horizontal structure is recommended. It is too early for MPWT, and the workload too undefined, to create a hierarchical structure. However it should be noted that some persons may be moved upwards, although that opportunity may not be available to all. Considering the ill effects of stagnation of specialists, the government may consider whether some positions, such as those of the zoologist or the botanist or the soil scientist, may not be on deputation/Secondment from other ministries where such specialized personnel are already available. Alternatively, these positions could be contractual positions. Technical Audit. The Technical Audit function is being introduced as a new staff function in the MPWT. The senior management of the Ministry have consistently felt that there is a need to augment Quality Assurance processes and processes concerned with the maintenance of technical standards. The Technical Research function, which is there currently, is not equipped to handle these matters. And in any case it is more concerned with preparation of bid documents etc., which are not its core functions. The Technical Audit function will in a sense subsume the functions of the current Technical Research directorate and will therefore be a transformed version of it. The Technical Audit Function would be staffed with Engineers, specialized in the particular functional areas. The specific tasks of the overall Technical Audit function are proposed to be as follow: Performed by Technical Audit Wing:-

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• Technical operational audit of project works

Performed by Standards and Guidance Wing:- • Standards Interpretation and Guidance • Provision of Independent Expert Advice to other departments and Ministries • Managing a Knowledge Database for the MPWT

Performed by Technical Evaluation Wing:- • Technical vetting of Designs • Technical vetting of Estimates, and • Resolution of Technical disputes

The Head of Technical Operational Audit Wing will have at least 3 Technical Audit Teams, each consisting of at least 2 Engineers and 1 Assistant, under him. He will prepare an Audit Schedule for all projects and sub-projects under the Ministry and ensure that the various teams visit the sites on a regular basis. Audit Reports prepared by the Teams will be presented in the regular coordination meetings of the Directors-General. The Standards Interpretation and Guidance Wing will consider Technical Standards as currently adopted in Cambodia and the Standards that the various Funding Agencies mandate, and will prepare Interpretations and Guidance for Engineers of MPWT. The Technical Audit teams, when visiting project sites will ensure that the Standards are being complied with. The Standards section is proposed to consist of at least 5 Engineers. The process of developing Interpretations and Guidance Notes will be as per the steps below:

• A basic draft of an Interpretation or a Guidance Document will be prepared internally within the section.

• The Draft Document, properly referenced and dated, will be presented in an internal discussion group of the TAF itself, and changes incorporated as may be discussed.

• Thereafter, the Draft Interpretation or Draft Guidance Note will be exposed to a Standards Interpretation and Guidance Committee [SIGC] chaired by the Head of TAF. Members of the Committee will be drawn from the various sections of TAF itself, from the operations wings of the MPWT, and Experts from outside. The total number of members of the Committee should not be more than 15. After each Interpretation of Guidance Document is discussed in the SIGC, changes as suggested will be made in the Draft Document and approval of SIGC obtained.

• Thereafter, it will be placed before the Committee of Directors-General • Finally, the Document would be issued under the signature of the Minister

The Technical Evaluation section will be the one concerned with technical vetting of designs and estimates. Project technical documents should come to this section before they are sent for financial concurrence. Design and Supervision. This Department will be concerned with three major functions – (a) Technical Design, (b) Costing and Estimation, and (c) Project supervision. The Technical Design Section will develop all major designs as may be needed in the MPWT. As has been stated earlier, there will be a small design cell at the Zonal level, which will be functionally connected to this Office. It would be manned by design and Structural Engineers, as well as Roads Engineers specializing in road and pavement design. The costing and estimation Office will carry out the costing and estimation activities for all the designs developed by the Technical Design Section, and will be responsible for consolidation, development and verification of all BOQ. The Office of project Supervision will be charged with the Monitoring and Evaluation of Projects and sending the reports thereof to various stakeholders through the Coordination Wing of the Planning Department. The reason why this Wing has

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been taken out of Planning is that project supervision and monitoring has to have some degree of independence from the regular planning functions – else, they will only see what the Planning people want them to see. It is envisaged that the project supervision office will be staffed with several specialist Engineers. They will work in close coordination with their Zonal and Provincial counterparts. An issue may be raised that there is over-emphasis on M&E in the whole structure; Technical Audit will (effectively) be doing M&E, ESO will also do their M&E, and therefore there will be very little to do for the M&E section. The specific tasks of the M&E section therefore need to be specified. The first task of the M&E section will be to follow a project fully from the planning stage to procurement, and then on to execution and completion. Monitoring and Evaluation should not be restricted to the execution of works alone, but will have to cover all possible stages of a project cycle. The Section will also have to consolidate various reports that originate independently from the other sections, such as Technical Audit Section or even the Design Section. Basically, the M&E should always be able to answer questions on why a project is not delivering, why it is held up, where it is held up, what is being done to remove difficulties, how long the removal is going to take, what are the project outcomes and outputs results, and so forth. The Finance function. The Finance and Accounting function has the following Offices within it – (a) Office of Financial Administration, (b) Office of Strategic Finance and Budget, (c) Office of Ministry Revenue Accounts, (d) Office of Project Accounts, and (e) Office of Assets Management.

The functions of the Office of Strategic Finance and Budget are briefly as follow:

• Medium and Long-term Investment and Revenue Expenditure Plans and projections,

• Financial Evaluation of Projects, • Budgets and Budgetary Control, • Funds flow management, • Preparation of Financials for all Investment projects, • Costing of Service Delivery, • Concurrence of financial contracts above stated Threshold, • Preparation of Annual Financial Statements, • Relationship with MEF, etc

The Head of the SFP should preferably a person with professional Accounting qualifications or at least a relatively long number of years in senior finance positions in the government. The other specializations required for the Strategic Finance Function [SFP] would be in the areas of Costing and Financial Accounting, and Financial Management. One specialist in the area of Budgets and Budgetary control would also be necessary. Further, the Ministry may make a first attempt at actually starting Program Budgets and Performance Budgeting. The government has already stated its intention of fully implementing performance budgeting, which cannot be done now only because there is no capacity for the same. However, with a reorganization of the overall finance function as given, there should not be a great deal of problem in developing proper Program or performance budgets in the Ministry. The Office itself should have several Sections, as follow:

• Budget preparation and monitoring of Budget execution • Accounts Consolidation and Financial Reporting • Financial Management [including management of Cash and Fund flows]

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• Investment Planning, Costing and Project Evaluation

Investment Planning implies allocation of Funds between projects both at the level of the Center, and at the Zonal levels. This Wing will have to match the total resources available to the total investment required in terms of priorities as set by the policy-making body. Essentially this would be a balancing act between the imperatives of that body and the recommendations of the Planning wing. Ministry Accounts. So far as Ministry Accounts are concerned, books shall be maintained by the Director of Ministry Accounts, in terms of Financial Rules of the Government, as at present. This Section will consolidate all the accounting information from the Zones as they flow upwards through the Provinces to the Zones. This Section will also be in charge of providing financial concurrences on Government funded projects as per existing rules. Projects Accounts. A general requirement of all multilateral donors is that accounts for projects funded by them should be maintained separately. Financial Reporting for such projects also have to be done in prescribed manner. Most multilateral insist on assuring themselves that there exists sufficient capacity with the Borrower to maintain the project accounts in the manner as desired and to be able to answer the queries of the independent external auditors who may be appointed by the Donor. Usually, this results in the setting up a separate Finance Unit for each project. By creating a separate Funded Projects Accounts Section what is desired to achieve is the development of an institutionalized mechanism for handling all accounts of Funded Projects. It is also important to note in this context that more control needs to be exercised on bilaterally funded projects than presently. As of date, the Government has very little control over either the procurement or the accounting for bilateral projects. There is clear loss of prudence and accountability in these projects. The Funded Projects unit will address this major issue. Asset Management. In a number of countries, Asset Management is included as part of the functions of the Bureau of the Budget, such practice being more current in local governments in the USA. There are certain advantages to this. The Bureau of the Budget is also traditionally the department charged with the preparation of the Financial Statements, and to do that it is necessary to have complete control on the Fixed Assets Register, be able to order conditional assessments as per established schedule, and value and revalue fixed assets. In the present case, even though the physical context of road and other fixed assets are more important than their financial context, nevertheless, since all investments in major repairs and maintenance will go through the Finance Department only, it is reasonable and judicious to house the asset management function within the overall finance function. The tasks of the Asset Management Office shall be

• Develop and maintain a database of all fixed assets of the ministry • Value all the fixed assets of the ministry • Establish conditions for conditional assessment of the assets • Establish benchmarks for periodic and routine maintenance • Update data on physical condition of assets • Send maintenance early warnings to all concerned departments • Incorporate budgets for periodic and routine maintenance and major

repairs in the database against each individual asset • Incorporate actual expenditures for periodic/routine maintenance and

major repairs in the database against each individual asset • Accept new assets in the database with costs

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Typically, asset management reports would be provided to concerned departments/offices/General Directorates, on periodic basis. Asset management reports will also be generated for the use of top management as well as departmental management. Flow of Accounting Information. It is important to discuss the flow of accounting information in detail because while accounting information would originate from the provinces and the Zones in regard to different projects, they would be consolidated in two different ways by the Sections on Ministry Accounts and the Funded Projects Accounts. Further, the consolidation of such information would then be passed on to the SFP, who are charged with the preparation of the Annual Financial Statements and periodic Financial Reports, as well as incorporating periodic financial data in the investment plans prepared by them. The flow of information is rather complex in this respect. For that reason, a separate diagram on the flow of accounting information is presented below. It should be noted that the streamlining of flow of accounting information would also require considerable build-up of capacity in the Finance and Accounts department and extensive computerization would also be needed in this respect.It will be necessary to discuss issues pertaining to Chart of Accounts with the MEF, so that provincial expenditures can be appropriately classified and then rolled up automatically to Zonal levels, and finally to the Ministry.

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Auditing. The Auditor General conducts the external audit of all Ministries. However, these Audit Reports are generally delayed, and are seldom shared with the Ministries. In view of this, the Ministry may consider instituting a proper internal auditing system. The current Genera Inspectorate needs to be upgraded and properly equipped and the capacity of the personnel in the Inspectorate also needs to be built. The Internal Audit department, reconstituted, will report then also to the policy level, as has been shown in the diagram under paragraph 19. The major functions to be performed by that department will consist of (a) internal audits, (b) operational audits [corresponding roughly to the inspections carried out today], and [c] concurrent audits where deemed necessary. Accounting Reports. It needs to be stated that Accounting Reports will have to be made accessible to all identified users, even though basic accounting data is not made so accessible. An illustrative list of FMIS Reports that could be generated, and made accessible to others would be, for example:

Sl. Nature of Report Details

1. List of Project-wise Administrative Approvals

• Project No. • Name of Work • Preliminary Estimate

reference • Date of Preliminary Estimate • Preliminary Estimate

Amount • Administrative Approval

reference • Administrative Approval

Date • Administrative Approval

Amount • Start Date of the Project • Revised Finished Date • Handing Over Date • Remarks

2 Project Progress Report (Physical)

• Project No. • Name of Work • Expenditure up to last month

(%) • Monthly Target (%) • Monthly Actual (%) • Yearly Target (%) • Yearly Actual (%)\

3 Project-wise Technical and Environmental Sanction Estimate Details

• Project No. • Technical Sanction Code • Project Name • Technical and Environmental

Concurrence Name (Sub-Work)

• Technical Concurrence Reference

• Provision in preliminary estimate

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• Technical Concurrence

Amount • Technical Concurrence Date • Technical Concurrence Start

Date • Technical Concurrence

Finish Date • Technical Concurrence

Revised Start Date • Technical Concurrence

Revised Finish Date • Technical Concurrence

Handing Over Date • Remarks

4 Project-wise Technical Concurrence Progress Details (Physical)

• Project No. • Monthly Target (%) • Monthly Actual (%) • Yearly Target (%) • Yearly Actual (%) • Expenditure up to Last Year

(%) • History • Remarks

5 Establishment Budget Details

• Head of Account • Revenue/Capital • Voted/Charged • Allotment • Preliminary Budget • Final Budget • Mid Term Work Load • Anticipated Work Load

6 Administrative Approval Wise Allotment & Budget

• Project No. • Name of Work • Original Allotment • Revised Allotment • Final Allotment • Expenditure During this

Year • Preliminary Budget • Revised Budget • Final Budget • Remarks

7 Administrative Approval-wise Allotment & Budget (Party-wise)

This report also groups Party-wise information based on type of Fund Concurrence Also one can have report for

• Project No. • Name of Work • Original Allotment • Revised Allotment • Final Allotment • Expenditure During this

Year

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all the Parties together or any one of the Parties

• Preliminary Budget • Revised Budget • Final Budget • Remarks

8 Administrative Approval-wise Allotment & Budget (department-wise)

This report also groups department-wise information based on type of Fund Concurrence. Also one can have report for all the departments together or any one of the sub-division

• Project No. • Name of Work • Original Allotment • Revised Allotment • Final Allotment • Expenditure During this

Year • Preliminary Budget • Revised Budget • Final Budget • Remarks

9 Administrative Approval-wise Allotment & Budget (Head of Account-wise)

This report also groups HOA wise information based on type of Fund Concurrence. Also one can have report for all the HOA together or any one of the Major Heads

• Project No. • Name of Work • Original Allotment • Revised Allotment • Final Allotment • Expenditure During this

Year • Preliminary Budget • Revised Budget • Final Budget • Remarks

10 Party-wise and Major Head-wise Monthly Statement of Deposits and Expenditure

• Major Head Code • Description of Major Head • Project No. • Name of Work • Deposits/Receipts (for each

Work) o Up to Previous Month o During the current month o Total up to date

• Expenditure/Payment (for each Work) o Up to Previous Month o During the current month o Total up to date

• Closing Balance for each work

• Total for each of the above columns for every major head

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11. Department-wise Major-

Head wise Monthly and Progressive Expenditure

• Name of Sub-Division • Major Head Code with

Description • Project No. • Name of Work • Technical Concurrence (Sub

Work) No. • Technical Concurrence (Sub

Work) Name • Expenditure during the

month • Total Progressive

Expenditure • Total for each Major Head

12. Monthly Expenditures Report for Projects Party Wise – Major Head wise, Major Head wise- Party wise, Department wise – Party-wise

• Expenditure during Last year • Monthly Expenditure for the

all the 12 months • Total Expenditure for the

year

13. Monthly Expenditures Report for Technical Concurrences Party Wise – Major Head wise, Major Head wise- Party wise, Department wise – Party-wise

• Expenditure during Last year • Monthly Expenditure for the

all the 12 months • Total Expenditure for the

year

14. Monthly Expenditures Report for Projects with Deposits

• Party • Head of Account • Project No. • Name of Work • Month wise Deposits

received and Expenditure made

15. Monthly Expenditures Report for Technical Concurrences for Projects with Deposits

• Party • Head of Account • Project No. • Name of Work • Month wise Deposits

received and Expenditure made

16. Monthly Expenditure Statement for each Head of Account

• Budget • Expenditure up to Previous

month • Expenditure during the

month • Progressive Expenditure

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Legal Services. The need for an Office of Legal Services derives from the Mission of the Ministry itself, as has been discussed during the opening paragraphs of this section. It was mentioned that the primary task of the Ministry requires that there should be an integration between the functions of construction, maintenance and regulation and governance, and between Regulation and planning. Given that currently there is no capacity in the Ministry either to develop Regulations or to apply them and exercise needed functions of control, clearly a structure should be developed such that the Ministry may exercise its governance functions properly. The Legal Services Office should be structured in terms of three major sections, (a) the Development of Regulations, (b) Providing of Opinions and Vetting, and (c) Legal Compliances. The section dealing with the development of Regulations shall develop bye-laws and Regulations for the whole of the Transport Sector, and shall also develop critical control documents. The section on Opinions and Vetting will provide legal opinions on various contractual matters including disputes and shall also provide legal vetting on different issues. The section on compliances will be tasked with tracking and ensuring that all legal compliances necessary under different funded projects or otherwise are being done.

Procurement. The Procurement function is a critical component of the proposed design. The need for a centralized procurement function has been discussed exhaustively earlier in this document. The functions of the procurement department concern all activities of procurement of Goods, Works, and Services. In addition, since the Cambodian Government is now concerned with encouraging PPP, the procurement department should also acquire capacity in that direction. A general structure of the Procurement function is provided below:

It is important to note in this connection that the procurement function will have to carry out its activities both according to the guidelines of World Bank, ADB, etc. as well as the Government. Given that currently familiarity with all the guidelines and necessary compliances is low, it is suggested that a specialist Procurement Adviser be contracted to assist the procurement function during the initial stages. It is also suggested that the Procurement Adviser should be there for at least 2 years during which time it is hoped that sufficient capacity will be developed within the procurement function.

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The procurement department also needs to have its own database. However, it is not thought necessary to recommend a separate IT structure for procurement. There are two reasons for this. The first one is that procurement processes must be made transparent and contracts awarded, shortlists, etc, should be put on the website, except where there is an express stipulation not to do so for policy reasons. This means that the Office of Information Services [OIS} must be able to access such information and should be the office that maintains that database. There is no particular reason for having half the task done by the OIS and the other half by the procurement department. For that reason, the contracts database should also be maintained by the Director of Information Services. The second reason for not having a separate database in the procurement department is that while there is a great deal of transparency that is to be encouraged, nevertheless security of prior information [such as estimates] should be strictly maintained. Electronic security can very well be breached unless there are heavy firewalls in the system. Until that is established, it would perhaps be more prudent to have some level of manual [hard] documentation that can be locked away and accountability clearly established. Confidential information in hard formats will remain with the procurement department, and soft information that may be made accessible to the public will be passed on to the database maintained by the OIS.

HR. Details of changes in the functioning of HR department have been provided in a subsequent section of this Chapter. The functions of the HR department need not be stated in detail because these are fairly standard. The important issue here is that the HR function must also be in charge of the training and capacity building functions, and remain committed to the implementation of the HRD policy as may be approved by the Ministry. This will mean a sea change in the approach to HR from what obtains now. The HR department itself has to become pro-active, especially in the matter of promotions, transfers, succession planning, development of Pay and Grading systems and preparing a long term plan for HRD which in turn would be integrated with the overall Strategic Plan of the Ministry. The HR Department will also have to look at the possibilities of developing a cadre system within the Ministry and the institution of merit-based appointments. It will also have to take a pro-active stance towards other matters that will include management of contractual employees, management of TA, grievance redressal systems, discipline, performance incentives, job evaluation and job enrichment, and a host of other issues.

The structure suggested for the HR department is as follows:

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The Office of Personnel Administration will be in charge of keeping Personnel Records of all employees in terms of the Service Registers as detailed later in Chapter 5, and will also be in charge of communicating with the employees on all matters of interpretation of the personnel related circulars, and compilation of data on personnel. The Office of Compensation and Benefits will be tasked with salary administration, and also for computing the implications of various increases in salary and benefits. This section will also be in charge of recommending or denying personal advances, loans etc. and their recoveries. Office of Performance Evaluation and Growth will attend to the performance evaluation of employees. This is seen as a major annual task and one that has to be carried in detailed consultation with Department Heads as well as Section heads. Further, the process of performance evaluation itself has to undergo a sea-change as discussed in the later chapters of this Report, and should involve the employees who are being evaluated. Thus this Office needs to have personnel with the requisite capacity and qualifications to attend to these tasks. The Office of recruitment will be fully in charge of manpower planning and recruitment and, as such will be responsible for the recruitment cycle fully. Training. The two Offices under the Department of Training are the Office of Planning and Execution, and the Office of Training Administration and Logistics. The functions under the Office of Planning and Execution will be (a) the formulation of annual and medium term Training Plans including study tours and courses abroad, and publicizing them internally, (b) negotiations with service providers and individual Faculty for the conduct of the training programs, (c) the preparation of training and reference materials, (d) the actual conduct of the training programs, (e) creation and updating of a proper training database for all employees of the ministry, including the recording of feedback and post-training performance reviews, and (f) the conducting of surveys of training needs and tracer studies. This section will also be in charge of Organization Development, which is considered to be a critical need of the Ministry. The organization development section under this Office,will be the engine that will drive the ministry towards more effectiveness in service delivery. The efforts of this section will be intimately connected with those of the Training and Capacity development section and hence there shall have to be close coordination between the two. This function is visualized as comprising of several experts in organization and institutional development. Initially, given the low capacity in the Ministry, it is suggested that such expertise be hired from outside until internal capacity can be developed. This section will have the tasks as below, though not limited to the list provided:

• Job description • Job evaluation • Job enrichment • Evaluation of systems and procedures and reforms therein • Improvement of sub-system linkages • Team-building • Preparation of detailed functional TOR for each unit • Sub-system level structural reforms

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Given the current level of capacity, organization development is seen to be a continuing function at least for the next ten years, since the ministry will have to fully adjust to increasingly more demanding situations in every aspect of its functioning, and to that extent continuing tweaking of the sub-system level organization will be necessary. The Training Administration and Logistics Office will be primarily be concerned with the administrative actions required for conducting Training Programs, etc. These include:

• Payments to Faculty • Other payments for Training Programs • Program Support • Logistics

Information Services. It has been stated in the inception report that the flow of information in the Ministry is not smooth and neither is the information coverage as wide as it needs to be. It should be remembered that information sharing and free information flow is a major tool for organizational integration, and therefore, it is necessary to create a mechanism by which the same could be attained. The Office of Information Services [OIS] is primarily the office for managing the Management Information System. Currently the Ministry does not have an organized MIS. Various departments have their own MIS that are by themselves incomplete, and whose data cannot be cross- verified. For instance, the HR Department has a database of personnel, which does not record some of the most important attributes [e.g., qualifications], and employment records and personnel files are also not available with them to the extent necessary. Consequently it is not possible to verify whether or not there are some ‘ghost’ employees in the system [employees who do not come to work at all but collect their pay, or employees who do not exist at all]. No HR audit is also conducted simply because HR data are incomplete. The situation is even more glaring in the case of budget allocations where budget execution data is routinely kept by the Directorate itself and not generally shared. Obviously this means that optimal utilization of scarce resources is not possible. The OIS is being suggested to address the issues discussed above. The OIS will manage a full-fledged MIS for the MPWT in the first instance. It is known that the ministry does not have the resources to set this up and therefore funding will have to be sought for the same. At this point of time, the functions of the OIS that may be suggested are as follow:

• Developing and regularly updating user requirements of information with respect to the whole of the Ministry

• Developing and regularly updating information inputs from various user departments and others

• Setting up and maintaining security firewalls and access rules • Developing and preparing and circulating reports as per user requirements • Preparing and sending reports as per needs of external agencies • Developing and maintaining comprehensive database of Ministry activities

including physical and financial progress of projects, budgets and budget execution figures, etc.

• Developing and maintaining a Fixed Assets Register • Developing and regularly updating database on road maintenance • Developing and regularly updating project-wise data on safeguards compliance • Regularly updating and broad-basing of Ministry website • Others as may be added

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While it may be said generally that the OIS should have at least 3 systems specialists and 2 programmers as well as 3 hardware experts, it is not possible to proceed further than that in terms of manpower requirements. Certainly, the head of the office should be a person with experience in running a large scale MIS. However, the unit will need data entry operators also but their number cannot be determined as of now since this is dependent upon the size of the system and the resources that are put into it. Public-Private Partnership Projects The Ministry proposes to enter into Public-Private partnerships both for construction and maintenance, especially for highways, in a major ways in the coming years. This will mean that certain sections of highways [and perhaps also national roads] would be handed over to private parties for maintenance and construction and tolls will be probably be collected by them. It is not known as of date whether BOOT, BOLT or other options will all be explored in these regards, or whether only one or two specific kinds of options will be utilized. However that may be, the process of PPP would primarily be as follows: [details are not provided here since those are not included in the TOR of the current assignment] Generally speaking, a GPN would be floated for PPP. The GPN will be based on the Strategic Plan and the detailing of Projects. This would be the responsibility of the Planning Department. The Office of Project Planning will prepare the bid documents. The Bid documents would then be sent for technical and legal vetting to the respective Offices under the General Directorate of Technical Services and the General Directorate of Management Services. Final Requests for Proposals will then be issued by the Central Procurement Office. Bids will be evaluated by the Technical Committee consisting of respective experts drawn from the various departments. For unsolicited proposals, the Project Planning Office will first evaluate the proposals and then, detailed technical and legal aspects shall be opined upon by the respective Offices dealing with technical and legal vetting. It is necessary to attach an international expert on PPP to the Ministry for the first few years till the Ministry develops sufficient capacity to carry out detailed analysis on its own. The PPP initiatives are also likely to bring about a change in the manner in which the Department of PW as such, will function, under the three zones. PPP for roads will also mean PPP for the maintenance of bridges and waterways infrastructure also. The Highways Office has, by far, the major responsibility for maintaining the economic arteries of the country. Three parameters of effectiveness are to be seen here. First, high responsiveness and minimum down time; Second, adherence to Quality; and third, optimum deployment of physical resources. The RGC has given a commitment to the Funding Agencies that within 2013, 25% of routine maintenance [all roads, but particularly highways] will be done by the private sector. There is, of course, no bar to increasing the extent of roads that will be maintained by the private sector and certainly there is every reason to encourage such outsourcing since it means less stress on the government machinery. The point is that if outsourcing is taken as premise then the various Highway divisions under the three Zones will have to prepare themselves for managing outsourced activities [rather than executing maintenance works themselves] from the very beginning. Procurement of maintenance services will be the task of the procurement department. However, the Zonal machinery will have to prepare from the very beginning for such outsourcing. The construction part of the Highways division will already have the capacity to manage outsourced contracts, and extending the same expertise to the maintenance division does not present a very great hurdle. So far as construction is concerned, the construction division would naturally outsource the maximum amount of works. Thus there should be the capacity for contract management at this level. Currently large contracts are only managed from the central headquarters.

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However, it is proposed that there should be a higher level of delegation of powers to the Zonal level so that contract management can be done smoothly. Additional Comments Maintenance. The Maintenance function for Highways shall have to ensure

• Availability of physical resources is optimized [with respect to Zonal stores] • Balancing of maintenance task allocation between those of the MPWT units and those

of the contractors, arrived at in such a way that over a period of time there can be a gradual withdrawal of MPWT manpower and other resources from the maintenance function without causing any discontinuity in maintenance works.

• Equity between the various contractors who are engaged in terms of scope of work. However, this equity should not be at the cost of increasing of costs. An example can be provided here. If one contractor is able to bring heavy equipment for his section of the road, and it is possible to extend the deployment radius of those equipment slightly to maximize utilization and reduce costs, then it does not make any sense to allot the next section to another contractor [who will also have to bring in his own equipment and deploy the same] simply to maintain equity in the distribution of road sections to several contractors.

• Allocation of financial resources to those sections of roads that carry the heaviest traffic loads and require the maximum amount of maintenance

General Inspectorate. No changes are envisaged in the structure or functions of the General Inspectorate, a this stage. Equipment and Stores. Currently there is only one unit based in Phnom Penh, which controls the deployment of all Heavy Equipment. Sub-stores are maintained as necessary for consumables largely at the provincial levels. What is envisaged is a set of three Equipment and Stores divisions, one attached to each Zone. In discussions with top management of the MPWT it was found that there is a certain reluctance to decentralize the Heavy Equipment and Stores. However, this is a needed step. As of date, equipment and stores cannot be reached to areas where needed, quickly. While there might be an issue of numbers of the Equipment that can be distributed to each Zone, certainly, even if equipment is lent by one Zone to another, the time needed to deploy would be less than if the whole thing was operated from headquarters only. This will also contribute to optimal utilization of the equipment. It is possible to work out rules and norms not only with regard to distribution of equipment amongst the Zones but also with respect to sharing on the basis of time-costs. The detailing of the same however, is not within the purview of this document. Flow of Physical Information. Much of the information available through the FMIS reports as above would be physical. The information pertaining to physical progress would originate from the engineers’ reports from the site and would be aggregated first at the Circle level [provincial level in the case of Secondary Roads] and then at the Zonal level. Flow of Miscellaneous Information. There is a lot of other information that will flow from various sources and which will be distributed all over the Ministry. The control on such information will be that of the OIS and the respective offices to which the information primarily refers.The matrix below provides an idea of the general flow of information.

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Policy Central

Function Zone Prov.

SPF Provides Plans, Approvals and Clarifications

Receives Guidance and Constraints, Opinions, constraints on implementation

SFP Provides Investment Plans, Financial Statements, evaluations, concurrence on projects, Budgets, etcPolicy level sanctions, Approved Budgets, concurrences and evaluations, etc..

Budgets and Budgetary Guidance, concurrences, etc., Policy and EB decisions and guidance

Receives Approvals, req. for clarifications, etc., Constraints on Exp. Explanations on budget execution, etc.

Consolidated accounting Data and Accounting reports

DESS Provides M&E reports, Case opinions, consolidated evaluation reports, etc.

Evaluations to Procurement

Guidance, Audits

M&E

Receives Guidance/ Directions to ensure compliance with safeguards, requests for clarifications

Requests for Evaluation, requests for Audit

Reports on compliance, reports on progress of mitigation measures, etc.

Requests for Guidance and Advice

TAF Provides Opinions, Interpretations and Guidance Notes for Approval, clarifications and opinions

Technical Vetting, opinions

Operational Audits for technical standards compliance

Operational Audits for technical standards compliance

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Receives Request for

Opinions Requests for Vetting

Tech. Compliance reports

Tech. compliance reports

OIS Provides Reports and Information

Reports and Information

Reports and Information

Receives Report requests and Guidance

Information on Procurement, Finance, Physical Progress, etc.

Information on Procurement, Finance, Physical Progress, etc.

Proc. Provides Requests for Approval, Reports and clarifications

Financial Commitmentdata, Procurement schedules, invoices for payment, etc.

Procurement Schedules, guidance and clarifications, etc

Receives Directions and approvals

Requests for Procurement, Procurement Plans, Evaluations etc.

Requests for Procurement, modifications of PP, etc.

HRD and Training

Provides Reports, requests for approvals of appointments, promotions .disciplinary actions taken, legal opinions, Plans, etc.

Personnel attendance and other data for salary and other personnel payments, legal opinions, Training and capacity building

Personnel services, transfers and appointments, grievance redressal, Training and capacity building

Personnel services, transfers and appointments, grievance redressal, Training and capacity building

Receives Directions and Guidance

Requests for Training, Appointments, Promotions, Confidential Reports, Disciplinary information, personnel data,

Requests for Training, Appointments, Promotions, Confidential

Requests for Training, Appointments, Promotions, Confidential Reports,

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etc. Reports,

Disciplinary information, personnel data, etc.

Disciplinary information, personnel data, etc.

Central Project Plg.

Provides Annual Plans and other plans

Annual Plans and Financial support reqd.

Annual plans and financial commitments

Receives Data on Physical and financial progress, project concepts

Design and Supervision

Provides Designs to Procurement for Bid documents

Designs for projects

Receives Requests for Design

Requests for Design

Ministry Accounts

Provides Financial data and reports, requests for approval

Financial data and reports, requests for approval, funds

Financial concurrence, funds

Same as prev. column, through CFU

Receives Directions and Guidance

Requests for funds, requests for concurrence, requests for payments

Requests for funds, requests for concurrence, requests for payments

Tech Services

Provides Technical Testing, QA inspections

Technical Testing, QA inspections

Receives Requests for Testing and QA inspection

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Zone Provides Requests and

information Guidance

and Direction, other information as recd from central functions

Receives Information and reports on compliances, work progress, requests for administrative guidance and approvals, etc.

Receives Direction,approvals, etc.

Reports and information and requests for approvals

Province Provides Information on all aspects

Receives Directions and Guidance

Concluding Remarks This Section has provided relative details of the more important functional units of the MPWT. As had been stated earlier, many of the ideas are those that have been shared by senior and top management of the MPWT itself. What has been done is to flesh up those ideas and to add new ones, to give meaning to the overall restructuring and reform proposal. It will now be necessary to go into the details further, and to clearly structure procedures and systems so that the whole machinery can work smoothly. As stated earlier, that level of detailing is beyond the purview of this document, and indeed this assignment, since the assignment itself is a very short one. It is suggested that the ministry considers the issues involved in making the whole concept work and then takes appropriate decisions and actions with regard to implementation. The next Section discusses implementation and risk issues associated with the proposed reformed structure. Implications of the Proposed Design

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Several important points will be recalled from the discussions in Section 1. First, that any organization reforms and restructuring recommended will take as its first point (i) the need to separate the policy making function from the executive decision-making function, (ii)the need for the reforms to be driven from the top, (iii) inclusion of functions which are currently not there or which need particularly to be strengthened, (iv)need to introduce professionalism, and (v) clearly bring in an overarching concern for the national interest . The restructuring exercise should also take into account (a) provision of planning and environmental and social safeguards functions at the provincial level, finally, (b) the need for Oversight, without such oversight intruding into executive functioning. This Section discusses the implications of the outline structure developed in the previous Section. It is considered important to discuss the same before proceeding to further details of the structure because the relationship between the existing state of affairs and the proposed structured needs further clarification and elaboration.

As we have seen, the first point above namely, the separation of the policy and executive functions is satisfied by the design outlined. The structure would ring-fence the executive functions, at the same time leave the policy level free to do what it should do, i.e., concentrate on long term policies for the benefit of the country. This also satisfies condition (v) since overarching concern for the benefit of the country can come in only when there is a structural support to express and deliberate upon such concerns. The inputs from the Strategic Planning and Strategic Finance functions would serve that purpose. As far as reforms being driven from the top, is concerned, this matter will be deliberated upon more in detail in the last section of this document. However, it has been mentioned in the opening paragraphs that the whole effort already has the administrative blessings of the seniormost functionaries of the ministry. The functions of Technical Audit, legal services, centralized procurement, and Office of Information Services, have now been introduced into the structure. These functions were not there earlier[except in skeletal form for the Office of Information Services and legal services], and the need for these functions has been expressed quite clearly by senior management. Oversight function has been added at a strategic level, parallel to the policy making body itself, to which it provides inputs. There should be an Oversight body for the Ministry involving external experts as well as those at the Policy level. This would be a Standing body. However, its members should not be full-time members, as it would then become their executive function. This is not what the body is there for. Implications in terms of Good Governance. There is already a project sponsored and financed by the World Bank and AusAid on Demand for Good Governance in Cambodia [DFGG]. The project aims to build the capacities of institutions, and to support programs and coalitions which promote, mediate or address demand for good governance in the context of government's reforms through public policy making and planning, public goods and services, public oversight and monitoring, expenditures and budgets. It will support both state and non-state actors within its project components. It aims to increase participation, representation, transparency, accountability and institutional capacity by building capacities of institutions, and to support programs and coalitions which promote, mediate or address demand for good governance in the context of government's reforms. It is important to note that the project aims to further carry forward the priority reform areas under the Governance Pillar of the Country Assistance Strategy of the World Bank, namely, (i) promoting private sector development; (ii) strengthening the management of Cambodia s natural resources; (iii) improving public financial management; and (iv) supporting decentralization and promoting

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citizens partnerships for better governance. The DFGG project also contributes to a number of CAS outcomes – (a) Increased awareness of laws relating to land, (b) Increased involvement of citizens and NGOs in tracking service delivery through social accountability mechanisms, (c) Improved capacity of CSO to analyze the impact of budget allocations and provide feedback at local and national levels, (d) Improvements over time in citizens perceptions of public service quality based on citizen surveys, (e) Capacity of CSOs strengthened for applying social accountability tools, (f) Methods in place to increase the dissemination of laws and policies to civil society and citizens, (g) Increased availability, dissemination and use of public information to increase accountability, (h) Increased ability of citizens to interpret and use public information, (i) Greater use of media to disseminate and discuss information on government actions and public policies, (j) Media begins to report on public policy issues and civil society efforts on social accountability, (k) Greater involvement of citizens in accountability processes at national and sub-national levels. In as much as this is a restructuring exercise of the MPWT, and therefore largely internal, some of the objectives as detailed above would not be directly applicable at this point of time. Some of the objectives under the Governance Pillar are really the result of processes that will be institutionalized through behavior change and through understanding and adoption of the structural imperatives of the organization. For the sake of quicker understanding, all the objectives of Good Governance may be categorized as follow: (a) increasing information in the public domain and transparency, (b) increasing frequency and effectiveness of Consultation and participation processes, leading to a more inclusive civil society environment, and (c) increasing effectiveness of Monitoring and Oversight. The Cambodia Demand for Good Governance project primarily focuses on increasing the frequency and effectiveness of consultation and participation processes. The project specifically aims to encourage multi-stakeholder opportunities to input in policies, public spending, and project planning. Additionally, of course, as has been stated earlier, the matters of public oversight, and increasing of information in the public domain and increasing participation of multiple stakeholders in governance are also encouraged. The restructuring recommendations made in this document are in line with the overall demand for good governance framework. Specifically, the restructuring suggested will address good governance issues through

• Providing broader opportunities for citizens and non-state actors [NSA] in general to interact with the Ministry. This is to be achieved through dismantling of the monolithic structure at the national level to the Zonal levels and laying more stress on processes at the Zonal as well as Provincial levels. The recommended structure is based on the original partial decentralization envisaged at the time of promulgation of Anukret No 14.

• The combining of the functions of Public Works and Transport at all levels will help to reduce the level of perceived dysfunctionalities in decision making. At the same time, by providing a clear and accessible route to the major functional interfaces of the Ministry, the restructuring will aid in making service delivery more transparent and effective.

• The recommended structure has been designed to make it easier to have Public Private Partnership projects – something that has already been promised by the Ministry in particular and the Government in general

• The setting up of a separate and expanded department of information with the mandate to make Procurement documents etc available to the public as also budgets and plans, will directly contribute to the opportunities for NSA to comment upon and involve with Ministry processes regarding projects.

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• Setting up of a department of Technical Audit will directly contribute to increased

accountability, and the availability of the Audit Reports to the public will directly contribute to transparency.

• Recommendations on making the ESO stronger by raising it to the level of a Department of Environmental and Social Safeguards will contribute to the level of involvement of NSA in the Environmental and Social issues of projects since this Department is now posited to evaluate projects in terms of a clearly enunciated set of Environmental and Social Safeguards Guidelines, which have been prepared as part of the current assignment.

The recommendations made in this document will contribute in many other ways. However, to obtain the full benefits of the new structure it will be necessary also to institute processes that reinforce the basic premises of Good Governance. Data Availability and Management Information Systems. An issue of data availability and MIS has been discussed in the inception report and also reported here under Section 1. The proposed design addresses this issue by creating the office of a Director of Information Services with expanded responsibilities from what obtains at present. The task of the DIS will not only be to manage the MIS of the whole organization, but also to create reports and manage the website of the Ministry. Currently the Ministry website is not very well managed and not regularly updated also. Part of the reason is the lack of capacity and personnel, but part of the reason is also that the flow of information from one department to the other is not very well defined or governed. However this argument also implies that a comprehensive review of information flow is necessary. In addition, the Ministry may also develop an Information Charter which would lay out the responsibility of all Ministry functionaries in terms of information collection, collation, dissemination and flow.

Boundaries between Directorates. The current structure of the MPWT is such that on the one hand the various directorates maintain quite rigid boundaries between themselves, and on the other, there are overlapping functions which can and do lead to unclear directives and confusion at the ground level, which in turn generates loss of accountability and transparency. In one sense, the one strengthens the other. The more rigid the boundaries are, the more assurance is needed that dependence on other departments should be minimized. Through this process each department and directorate, at least partly, has become an island in itself. The way to deal with this phenomenon was to first create horizontal functional identities and then to ensure that these horizontal functions are also vertically separated in terms of functions but inter-dependent also. In short, a cross-functional matrix has been created. It can be clearly seen that in terms of the Finance and Accounts, for example the vertical and horizontal separations are clearly evident. At the same time the executive functionaries would deal with the Finance and Accounts at the level to which they themselves belong, thus creating the interdependence. Ad hoc Committees. The proposed structure eliminates the need for ad hoc Committees. Currently ad hoc committees are constituted for (a) routine functions such as the payment of last bills of contractors both at provincial and central levels. The only reason for the constitution of these committees is that the Finance person comes from MEF and this is supposed to provide independent check on the financial claims of the contractor, (b) specific planning functions and tasks given by the top or senior management. It may be observed that in the proposed structure ad hoc committees can be done away with. Given that there would be Finance representation at the ground level, there shall be no need to have external representation on financial closure of contracts. MPWT may consider institution of a concurrent audit group and a concurrent auditor can be tasked with checking all financial papers before final payment. If necessary, the Auditor General can be requested to provide

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manpower on deputation for auditing. Ad hoc Committees for special purposes can in general be dispensed with because most so-called special tasks can now be discharged by the particular organizational function. This will, of course, also depend upon the extent to which each department and division is individually structured. This matter will be addressed in the next Section. Channels of promotion for middle-level functionaries. As of date channels of promotion and lateral moves are quite unclear and generally dependent upon the ability of the individual to ‘manage’ things. The proposed structure creates a clear middle level and also the possibility of lateral shifts [Zone to Zone or Zone to Center] for the larger proportion of middle-level functionaries. Also, the number of middle level positions has increased which would provide promotional avenues in any case. A HRD policy that deals clearly with promotional channels and succession plans can thus be created.

Strengthening of Line Departments. It will be recalled that a major issue has been the strengthening of the Line Departments in terms of both line and staff functions. The proposed structure addresses this issue through the introduction of the central functions of Procurement, Technical Audit, and the elevation of the Environmental and Social office to a full-fledged staff function. It is thus possible to focus on capacity building for these departments both in the short and in the long term.

Internal Links. A persistent issue has been weak internal links within the various departments. This has happened possibly due to the fact that the organization has not grown in any organic or holistic way, but rather in an ad hoc manner. The history of the Ministry shows that there have been several attempts at restructuring, but in every case the symptom, rather than the underlying complexity, has been addressed. Thus while the government has introduces the concept of outsourcing and contracting, capacities in this respect have not been strengthened, and no specific functional unit has been established for these purposes. In the case of multilateral agency funded projects, ad hoc work groups with temporary contractual personnel have been created, and these groups provide the limited assurance that the multilateral agencies need to go ahead with their funding. These groups, due to their temporary nature, do not and cannot develop deep links with the rest of the organization. On the other hand the various organizational functional units who are concerned with project execution also do not develop close links with each other because of the lack of coordinating mechanisms and because each one deals with the central work group only second- or third-hand. In the process the imperatives of the project get diluted by the time they filter down to the ground level. The proposed structure deals with this issue through two modes of functioning – (i) the project mode is absorbed within the overall structure itself and is a product of internal strengthening and capacity building of the Ministry central departments; to that extent then the issue of weak links with the project related entity is overcome: (ii) the operational mode is itself a more pro-active one, with strategic plans being routinely transformed into annual plans. Currently there is nothing that can really be called a Strategic Plan for the Ministry and thus there is no identified and recorded long-term vision. This must be overcome if the MPWT is perform its natural role within the context of the country itself. Certainly, the Project Planning division within the executive structure must also encourage bottom-up planning inputs and pass on information from ground level to Strategic level. But this information would be limited in quantity and restricted in scope in so far as routine planning information would be clearly distinguished from country-wide strategic planning exercises. Weak internal links would be strengthened both by strengthening the line functions, and by ensuring the participation of all functional units in the overall process of the Ministry, with each unit playing a defined role.

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What then are the implications for the Ministry so far as these suggestions are concerned? The whole concept of the way the Ministry does its business today would have to be changed – not radically, but to a large extent functionally. These implications are discussed below.

Reallocation and Redistribution of the functions of existing Directorate General of Administrative Services. The first and foremost issue is the redistribution and reallocation of the functions of the Directorate General of Administrative Services. In real terms this General Directorate is working only in a piecemeal manner. The Accounts directorate has its own reporting relationship bypassing the chain of command, and yet it is not concerned with anything more than routine accounting. The capacity is quite low, so that multilateral agencies insist upon having a separate infrastructure for project accounting. The HR department has really no role to play except to organize sporadic and intermittent courses that are not very well thought through, and whose impact is not seen to be substantial. There is no HR database. Absenteeism in the department is extremely high. There is a legal division, which also is very limited capacity wise. The issue was whether to strengthen these almost moribund functional units, or to use an approach where investments on strengthening of the functions would be more likely to produce results. Alignment of Formal and Actual Functions. Analysis shows that the effectiveness of e functional units could be increased if they were placed in positions where the demands on them, as fully responsible and responsive functional units, could be maximized. Currently, the situation is that the Director of a Unit acts largely as an individual in discharging his tasks. The rest of the unit is hardly involved in any way in the process. Senior management also interacts only with the individual [not the individual functionary – the difference may be noted] and therefore that individual performs tasks and actions, which may not be his own at all and may not also belong to his functional unit. As a result, duplication of work abounds, and data submitted to senior management is seldom cross-checked or validated by the responsible units. The proposed structure has been designed so that the functional units become responsive and responsible to senior management directly. The aim is to bring about a situation where senior management will not say ‘call X and ask him to do it’. Rather, the statement would be ‘send this to Functional Unit Y and let them deal with it; it’s their job’. Introduction of Professionalism. The implication of the proposed structure for individuals, who derive their power and authority from proximity to senior persons, is of course, not very positive. With this kind of a structure in place, a particular functionary would have no choice but to fall back upon his professional expertise, backed up by the professional support that he receives from his own section. Thus the proposed structure has implications in terms of a change in attitude towards work for the middle level officers, in particular.

Preparation of Bid-documents and procurement and contract management in general. It has been suggested that the Procurement function should be centralized. This means that only the Procurement department would prepare bid documents. This is as it should be. That department will have to be manned by Engineers and specialists who are familiar with the Procurement Guidelines and mandates not only of the Cambodian Government, but also those of the World Bank and others. Currently these documents are prepared by various departments [those pertaining to RAMP being prepared by the department of Technical Research- which means that not much technical research gets done]. Payments for TA would be processed by the Procurement department, on the basis of due papers forwarded by the HR and Personnel department, and payment for other centrally managed contracts would also be managed by the Procurement Department. In the latter case, the concerned user department would forward the payment requests to the Procurement Department which, after due processing would forward the same to the Finance and Accounts department for payment. This will also permit the introduction of a central database for procurement for all contracts

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that are centrally managed and also for all contracts that are managed at Zonal or provincial levels. The centralization of this function is considered most important in view of the current situation where the procurement function itself is scattered and therefore control cannot be exercised, nor can appropriate checks and balances be introduced internally. Flow of Accounting Information. General management of Road Assets. Overall, it may be seen that through the zonal division of responsibilities, the approach to both construction and maintenance has been made more focused. The issue here is with the physical distribution of manpower and equipment, which currently is centralized. In most countries, equipment is not a major concern because at the local level contractors do most of the work. Until such levels of outsourcing are possible in Cambodia, it will be necessary to continue with the present system. However, the dispersed location of Zonal offices and the movement of equipment should make it possible to attend to major repair works much more speedily than today. By making Zones responsible for contracts within their territorial jurisdictions, better control is possible. In fact, what is being recommended here is the more or less ‘standard’ PWD roads department structure as it obtains in most countries. So far as secondary roads are concerned, the planning for provincial level units is in line with what obtains today. Certainly, the principle of decentralization demands that local imperatives and aspirations should be explicitly attended to. This would now be possible in a more focused manner because largely, the issue of highways would be a zonal responsibility only. Lastly, information regarding maintenance requirements or construction issues can also be processed much more speedily in this revised structure. Planning. As far as planning is concerned, it has already been discussed that planning function as a whole is recommended to be broken up into two parts – strategic medium and long term planning and short term annual planning. As stated, as of date there really is no strategic planning. Senior management has indicated quite explicitly that there is a gross need for strategic transport planning for the whole country – covering both roads and waterways, and derived traffic planning. There is in fact no institutional mechanism for conducting the necessary studies and then creating or recommending alternate sets of plans in these regards. Obviously, the conducting of research studies is not the function of the planning department, and such functions, including the collection of necessary statistics may be outsourced in the initial stage. Later on, and depending upon the funding possibilities, the Ministry may consider having a Center for Transport Economics, Statistics and Planning as a separate institution.

Funded/Aided Projects. The three major considerations for any multilaterally funded project to go ahead are (a) Procurement and contract management capacity, (b) Financial Management capacity, and (c) capacity for execution, monitoring and supervision. These capacities are to be looked at both in structural as well HR capacity terms. So far as the recommended structure is concerned, it satisfies all three requirements structurally. The issue here is managerial and executive capacity. To some extent FM capacity has been built, and some level of executive and managerial capacity exists, though in a scattered way, and the level itself is not very high. The proposed structure addresses this issue through concentration of existing capacities in aligned areas. However, there is no doubt that much more work needs to be done in regard to capacity building. This issue will be addressed through separate reports on HRD policy and capacity building under the TOR of the current assignment.

Steps for Implementation

This section discusses the ‘how to get there’ issue. In many ways, the proposal in this document introduces new dimensions in the structure and functions of the MPWT. There will

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be consequent changes in the processes also. The issue here is, should such wide-ranging changes be undertaken? The answer is yes, and the reasons for the same have already been discussed both in the inception report as well as the opening chapters of this document. The second issue is costs. Overall, there will not be a major change in overheads simply because there are a large number of positions lying vacant in the Ministry. There is the issue of whether it will be possible to get the specialists proposed in this document to fill up those positions, given the level of government salaries. However, that is an issue independent of this proposal, simply because it is a problem that exists currently also. The government will have to address this issue separately. The third issue is capacity. There is a gross lack of capacity in the current structure, which would have had to be addressed anyway, and in that sense this proposal This does not add to the task. How much of resources the government wishes to put in capacity building, and from what sources, is for the government to decide as appropriate. In addition, it needs to be stated that in carrying out these reforms and institutionalizing them, the MPWT will need considerable assistance and handholding, for some time. This is due to the fact that middle-management capacity in the Ministry is weak, and hands-on assistance is therefore required. It is recommended that the Ministry seeks support for Consulting services for at least 3 – 5 years for the following:

• Capacity building in Procurement • Capacity building in Strategic Finance, Accounting and Accounting for Funded

Projects • Capacity building in the Technical Audit Functions • Capacity building in Environment and Social Safeguards • Training function and HR and Personnel functions in general • Development of Administrative and Financial Rules

Strategic Planning for the Transport Sector

In addition, it will be necessary to seek external assistance for overall supervision of the whole Reform process and to ensure that all the separate components proceed in a streamlined and seamless manner. Thus, the steps in implementation as discussed in this Section state in a general way the actions to be taken, and the sequencing thereof. Following that, the risks associated with the proposal are placed before the reader for consideration.

The steps for implementation are suggested to be as follow

• Step 1- agreement on the proposal from the policy level. The first step is obviously this. However, this step has in fact, to be broken down into several sub-steps, since the proposal has to find acceptance at senior levels before it can be placed before the policy level in the Ministry. This will perhaps require a series of presentations and extensive consultations at the senior levels of management prior to an abridged and summarized version being placed before the policy makers.

• Step 2 – preparation of detailed TOR and job description for each senior position. This document provides the overall view of the new structure. This is because the preparation of this document is not the major focus of the current assignment. The preparation of detailed Terms of Reference, qualifications and job descriptions for each senior position is a task that will require a deep understanding of the imperatives of each position and, keeping current constraints in view, an evolutionary approach will have to be taken with respect to the job.

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That is to say, a phasing will have to be worked out, by which the specific job gets enriched as the incumbent settles in.

• Step 3 – identification of persons for the head of each major function. This task is also a major one. There is a dearth of needed managerial and technical talent in the Ministry – indeed, as in the whole of Cambodia. Therefore, choices may also have to be made on the basis of certain compromises. And further, given the range of salaries that exist currently, there may not be many takers for the positions also. Further, if people are to be shifted laterally or vertically from their current assignments, then there has to be a lag time before the shift can be accomplished without any direct discontinuities.

• Step 4 – recruitment of persons for positions that cannot be filled up internally. A recruitment and/or head-hunting drive will have to be initiated, as it appears, necessarily. The comment that was made for internal recruitment also goes for external recruitment, and these issues need to be carefully studied and an appropriate recruitment strategy has to be devised.

• Step 5 – comprehensive detailing of procedures, delegation of powers and information flows and obtaining approvals on the same. This step is the one that will perhaps require the longest amount of time since the issue here is to study each current procedure in detail, develop a comprehensive idea of the existing level of institutionalization and then develop appropriate changes. The working out of a detailed delegation of powers is also one that will require delicate handling. Information flows, on the other hand may be set relatively easily given that this is an internal exercise.

• Step 6 – preparation of detailed training and capacity building plan. Part of the current assignment is the preparation of a medium term and a long-term plan of training and capacity building with suggested measures for assurance of sustainability. Thus this step is seen to be part of the current assignment only, allied to the way that the structural reform itself evolves.

• Step 7 – detailed consultations with each head of function to establish manpower requirement for each function and each unit under each function. Creation of job descriptions for subordinate level functions is a matter of detail, which nevertheless requires a quantitative estimation of the workload. It is for that reason that detailed consultation with each head of function is required because he will have to decide on the level of efficiency and effectiveness that he wants within his functional area with respect to specific tasks. Further, this detailing has to be completed keeping in mind the imperatives of information flows and linkages with other functional units.

• Step 8 – preparation of detailed TOR and job description for each position. While for support staff a general set of TOR and job descriptions may suffice, there would be a number of positions that will require special inputs by the incumbent, and these details need to be worked out very thoroughly.

• Step 9 – identification of persons for each position through internal selection. For support staff and other junior level staff, this would primarily be a matter of transfers. However, for some positions special aptitude would be required and persons with such aptitude are to be encouraged to join in such positions. This will mean a head hunting within the Ministry itself.

• Step 10- recruitment of persons for positions that cannot be filled up internally. This step is similar to Step 4 above.

• Step 11 – execution of the training and capacity building plan in stages. In order to make the whole structure work, the training and capacity building exercises have to be carried out systematically at different levels and in a sequence, which aligns the expectations of one managerial level with others. The training strategy should be designed keeping this issue in mind.

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• Step 12 – comprehensive consultations at every level to see that information

flows, procedures, etc are working properly. This step is to be aligned with the previous one, and continuous feedback and augmentation of training should be provided in terms of on the job mentoring and facilitation.

• Step 13 – handholding for a stipulated period of time . It is considered that since the proposal requires a change in attitudes on the part of the whole Ministry for all practical purposes, handholding by experts would be necessary.

In terms of the current assignment, stress is to be laid on the strengthening of the DESS. Therefore the first point of approach could be to ensure the separate identity of the DESS to recruit personnel for that office. The second important issue that has been provided in the TOR of the current assignment is that of ensuring higher levels of service delivery in road asset maintenance. Therefore the government may consider the Zone approach that has been discussed in this document and establish a workable decentralized structure.

A tentative timeline for the various steps is as below:

Step Timeline

1- Agreement on the proposal from the policy level.

3 months from start

2- Preparation of detailed TOR and job description for each senior position.

+1 month

3-Identification of persons for the head of each major function.

+1 month

4- Recruitment of persons for positions that cannot be filled up internally.

+2 months

5- Comprehensive detailing of procedures, delegation of powers and information flows and obtaining approvals on the same

+2 months

6- Preparation of detailed training and capacity building plan. Part of the current assignment is the preparation of a medium term and a long-term plan of training and capacity building with suggested measures for assurance of sustainability.

+3 months

7- Detailed consultations with each head of function to establish manpower requirement for each function and each unit under each function.

+2 months

8- Preparation of detailed TOR and job description for each position.

+4 months

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9- Identification of persons for each position through internal selection.

+2 months

10- Recruitment of persons for positions that cannot be filled up internally.

+2 months

11- Execution of the training and capacity building plan in stages.

+4months

12- Comprehensive consultations at every level to see that information flows, procedures, etc are working properly.

+3 months

13- Handholding for a stipulated period of time. +36 months

It would be seen therefore that the total time till handholding would be a minimum of 29 months if taken sequentially. However, some of the actions could be taken simultaneously, and it is estimated that a minimum number of 18 months will be needed to fully implement the proposal. It may also be noted in this connection that given the current resources of the Ministry, it may not be possible to set up Zonal offices at different metro centers immediately. Consequently it is suggested that during the initial stages, all the Zonal offices be located at Ministry headquarters, and as and when it is possible for the Ministry to set up separate offices and also to pay its staff special allowances for being posted in other cities, then it should do so. This can be done in phases.

Risks in Implementation. The risks associated with the implementation of the proposal as presented in this document, and the mitigation measures thereof are provided in the matrix below:

Implementation Step Risk Suggested Mitigation Measure

Risk Rating

That the policy level will not agree with the timing and may want to postpone all decisions related to restructuring to a future date

A champion must be found at the senior level of management as well at the policy level to push reforms through

H

That the policy level will not agree to substantially change the Ministry structure, as proposed

A strategy of convincing the senior level first and then gradual exposure of the policy level to the implications of the reforms must be made

M

Agreement on the Proposal from Policy level

That the policy level may decide to do away

A strategy of convincing the senior level first and M

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with some of the essential functions as envisaged in the proposal

then gradual exposure of the policy level to the implications of the reforms must be made and then executed

That the policy level may decide to implement the proposal piecemeal, i.e., implement only those parts which, in its opinion are the least controversial or troublesome at the current stage

A fall-back strategy by which a phased implementation of the proposal will not upset the essential rationale of the reforms must be prepared beforehand and kept ready to be executed if required

H

That there will be directions from level external to the executive level to assure a one to one relationship of executive functionaries with persons at the policy level

The roles and relationships of the policy level body and the Executive Body must be specified first and the policy level convinced of their validity. Only those job descriptions and TOR that require policy endorsement should be taken to that level, in keeping with the spirit of decentralization

H

That the TOR and job descriptions will be altered to reflect policy level concerns and not executive level imperatives

A strategy of making the Executive Board functional in the first instance, may be adopted and ratifications on TOR and job descriptions obtained from the Executive Board in the first instance

M

Preparation of detailed TOR and job description for each senior position

That TOR and job descriptions made would become such that no suitable persons would be found in the Ministry or elsewhere in the Government.

The internal vetting by the Executive Board will do away with needless complexities in these regards

M

That very few persons would be found whose qualifications and experience match those required

Attempt should be made to identify as many as possible with alternates, instead of adopting a policy of ‘this or no one else’

M Identification of persons for the head of each major function

That a majority of persons identified are not willing to take on ‘extra

A strategy of counseling should be adopted, explaining to candidates M

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burden’ of work as it appears in their perception

the advantages and future prospects

That persons identified demand salaries and perquisites which the government cannot pay

Ministry may take up the constitution of Priority Mission Groups concurrently, since most of the units will work with very specific focus towards very clear objectives, so that it is possible to provide incumbents with higher salaries. MBPI, if and when it is implemented will also serve to assist the increase of salaries of identified government servants, and should be kept in mind.

H

Recruitment of persons for positions that cannot be filled up internally

That those persons recruited refuse to join due to low levels of salaries and perquisites

Ministry may take up the constitution of Priority Mission Groups concurrently, since most of the units will work with very specific focus towards very clear objectives, so that it is possible to provide incumbents with higher salaries. MBPI, if and when it is implemented will also serve to assist the increase of salaries of identified government servants, and should be kept in mind.

H

That there is a delay in the process of detailing which prolongs the whole exercise

A detailed plan and schedule needs to be prepared early enough, and in anticipation of policy level ratification, and is to be put into effect as soon as approvals are received

L

Comprehensive detailing of procedures, delegation of powers and information flows and obtaining approvals on the same

That there is a delay in the process of obtaining approvals that delays all other processes so that persons who have been recruited cannot really work

Approvals should also be obtained in phases, and clearly delineated in terms of those that require EB approvals only and those which need to go above. Not all requests for approvals are to be

H

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presented together

That the government refuses to sanction decentralization and delegation of powers so that the whole purpose of creating a decentralized structure gets defeated

This contingency should be anticipated at the very beginning, i.e., at the time of getting the reformed structure approved, and the principles on which the reformed structure is based should be clearly stated while obtaining the approvals from the policy levels

H

Preparation of detailed training and capacity building plan

That the plan is too ambitious and will require larger resources for sustainability than the government is willing to afford

The plan should be prepared in draft form in terms of two or three alternate scenarios and there should be enough flexibility within the plan to detach or add modules as may be required

L

That consultations get into a logjam because of demand for manpower is too high

Enough prior work needs to be done to garner evidence and data on the manpower levels currently, on actual basis, and the required levels in the new structure, for the purpose of convincing the heads of functions to examine their own rationality in demanding more manpower

L Detailed consultations with each head of function to establish manpower requirement for each function and each unit under each function

That there is an unanticipated delay in arriving at consensus on the manpower because while some persons are in position, others are not

A schedule with fall-back options will be prepared

L

Preparation of detailed TOR and job description for each position

That there is delay in finalizing the TOR and job descriptions which leads to a lot of positions remaining unmanned for a long time

A detailed scheduling with set benchmarks and timelines needs to be prepared L

Identification of persons for each position through internal selection

That very few persons would be found whose qualifications and experience match those required

Alternates are to be searched. Also, alternates must be identified keeping the possibility of building needed capacity, in mind

M

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That a majority of persons identified are not willing to take on ‘extra burden’ of work as it appears in their perception

A strategy of counseling should be adopted, explaining to candidates the advantages and future prospects

M

That persons identified demand salaries and perquisites which the government cannot pay

Ministry may take up the constitution of Priority Mission Groups concurrently, since most of the units will work with very specific focus towards very clear objectives, so that it is possible to provide incumbents with higher salaries. MBPI, if and when it is implemented will also serve to assist the increase of salaries of identified government servants, and should be kept in mind.

H

Recruitment of persons for positions that cannot be filled up internally

That those persons recruited refuse to join due to low levels of salaries and perquisites

Ministry may take up the constitution of Priority Mission Groups concurrently, since most of the units will work with very specific focus towards very clear objectives, so that it is possible to provide incumbents with higher salaries. MBPI, if and when it is implemented will also serve to assist the increase of salaries of identified government servants, and should be kept in mind.

H

Execution of the training and capacity building plan in stages

That training and capacity building cannot proceed as per plan because people are not in position

The training and capacity building strategy and consequent schedule must have sufficient flexibility, and if needed, modules must be repeated

M

Comprehensive consultations at every level to see that information flows, procedures, etc are working properly

That there is a delay in arriving at consensus

Regular monitoring meetings with the authority of the EB must be held and EB may be requested to hold persons

M

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accountable

That there is a delay in specifying flows, procedures, etc. causing discontinuities in work flow

A clear schedule of deliverables on these accounts must be prepared sufficiently in advance

L

That there is a delay in implementing identified flows and procedures causing pile up of work

Implementation must be done in terms of a specified schedule and regular monitoring at the level of the EB should be done

M

Handholding for a stipulated period of time

That there is a lack of resources for funding this activity

An exercise for obtaining funding must be started as soon as basic approvals are received from the policy level

L

L=Low Risk M=Medium Risk H=High Risk

The overall risk is Medium. However considering that certain crucial items are of High risk, it is recommended that the Senior levels of management consider the risk mitigation strategies for those items in detail and arrive at workable strategies, after convincing themselves that the proposal overall is doable.

Annex 4

Restructuring of GDTA of MRD

Overview The Inception Report stated a number of observations on the organization of MPWT and MRD. These dealt with various aspects of the Ministry functioning. In this Section, the cases of the two different Ministries are taken up separately, though there are some common observations. A recapitulation of the observations has already been provided in Part-I of this Two-part Document. Observations and Discussions

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So far as the MRD is concerned, since the focus is on the rural roads construction and maintenance, observations are primarily with regard to that department, with linked observations on the structure of the accounting system and flows of accounting and management information concerning project execution. These, briefly, are as below:

• There is considerable overlap of functions between the various Directorates and Departments, and in many cases the rationale is unclear

• The four critical issues identified by all senior Officers for improvement of effectiveness of the Ministry are (i) quality and capability of Human Resource, (ii) facilities provided in the office for proper functioning, (iii) salary and incentives, and (iv) mechanisms for coordination and cooperation between various Departments and Directorates.

• Of these critical issues, the issue of salary and incentives is proposed to be partially handled through a pilot project of Merit Based Performance Incentives [MBPI] under the RAM project. Depending upon the success of this project, which covers some staff members from quite a number of departments, there is a possibility of extending the benefits to other departments and other staff.

Based on the above, the basic parameters for organizational reform and restructuring for the General Directorate of Technical Affairs [GDTA] are presented as below:

• Separation of Strategic and Executive Functions – at the Directorate level, the issue of importance is to convert Policy directives from the Minister’s level to executable strategies and then take actions accordingly. In the GDTA, there exists a hierarchical structure overall, which is not suited all the time to the needs. For instance, if a Comprehensive Area Development Program is designed, then it will not be possible to ‘house’ the program within the GDTA appropriately, because the Departments are more or less operating independently of each other. Therefore there needs to be a mechanism by which development programs that cut across several departments, can be properly planned and executed. In fact, the Directorate- and the Ministry itself- has no facilities for Strategic Planning which is essential for a Ministry with varied responsibilities.

• As in the case of MPWT, in MRD also, line departments are not particularly strong, and need to be strengthened. The Department of Procurement and Finance does not have any specialized Procurement function which can serve a variety of needs under a variety of Rules including those of the multilateral agencies.

• The Line Departments do not have proper checks and balances that come into play during project preparation and execution. There is also a lack of proper Quality Control mechanism These institutional lacunae need also to be addressed. Project functionaries are paid higher than regular civil servants and there is a schism within the Ministry. At the same time, the project functionaries are not part of the permanent structure of the Government, and feel no need to pass on their knowledge or skills to the regular employees. This is a vicious cycle and only serves to widen the rift that has already been created.

• As of date there is no single unit within the Ministry that can make data available in an integrated manner. Data are spread all over the Departments and they are not collated and validated at one central point. There is also no Register of Assets of the MRD with their Valuation. Thus the financial health of the Ministry cannot be reliably computed.

• Structure of the GDTA [and indeed that of the Ministry] needs to reflect the core functions of the Ministry and the interrelations between the core functions. At present the structuring seems to be more of convenience of grouping rather than a logically integrated modular set of functions.

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• The Directorates and departments have rather rigid boundaries and pro-active

cooperation appears to be less than what it should be. There is an absence of reports that require several departments to prepare their presentations of data jointly. For donor funded projects reports are much easier to obtain because there is a single focal point. For general information however, the situation is quite different. There is no single document, for example, which comprehensively states the plans of the whole Ministry for a year or for the medium term – including all works, all training and capacity building efforts, and all policy initiatives. There is an Annual Report of the Ministry that only outlines some efforts, but is not comprehensive enough.

• The departments within a directorate do not pro-actively function in a coordinated manner. This dilutes the decision-making process especially where different functional inputs are required.

• The Environmental function, which is a key point for reform and restructuring, is neither sufficiently equipped nor sufficiently empowered to do what it is supposed to do. In any case this function is only represented in the PRIP unit.

Given the above, and considering the cultural assumptions that were stated in the Inception Report, the basic guiding principles for restructuring and reform could be stated as follow:

a. Any organizational reform in GDTA of MRD will take as its first point the

need to have a coordinated and logically organized structure that reflects overall developmental concerns of the GDTA and which clearly separates Strategic and Executive functions within the GDTA itself.

b. Specific recommendations will need to be made in regard to creation of new departments or amalgamation of old ones, and also the need to create new Staff functions, as deemed appropriate, should be stated and the need defined. In view of the current personnel situation, a set of strategic steps to be taken shall need to be stated, which may be followed in the short-term, in the medium term, and in the long term.

c. Recommendations will need to be made on the ways that the line Directorates and their subordinate Departments can be strengthened meet the expectations of all stakeholdesr. This is thought to be especially important because there are several projects of the MRD in the pipeline, and it is obviously not advisable to go on creating a large number of PIUs and PMUs.

d. Existing gap between formal and actual functions of departments is to be reduced and resolved, if necessary by redesigning the formal functions and appropriately modifying the actual activities being now carried out

e. Opportunities must be provided for Director and Deputy Director levels to be involved in decision-making in an appropriate manner.

f. Lower level job descriptions must be created in a manner that allows little room for discretion.

g. Explicit modes for functional coordination and information sharing between Departments, and between Directorates must be designed.

h. A substantive structure shall need to be designed so that training and capacity-building activities can be carried on in a sustainable manner and in ways that are aligned with the continuing needs of the Ministry[s].

i. Recommendations must be made on ways to improve Management Information Systems within the Ministry[s] so that decision-making levels are kept informed of activities that are directly related to them, and generally as to the executive actions taken by the Ministry and the results thereof.

j. Flow of Accounting information shall need to be streamlined so that it leads to Financial information being shared with the executive departments as a

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routine information sharing exercise. This will assist in qualitatively improving effectiveness of decision-making in the line departments and Directorates.

k. Guidelines must be provided for intra-departmental functioning, and the functioning of the Offices under those departments.

l. Finally, the recommendations made must be practicable, and specific practical and doable steps must be given for the transition from the present structure to the recommended one. The timelines as estimated should be provided, and the resources needed for bringing about the changes should also be stated.

Proposed Design for MRD This section proposes a design for the GDTA of MRD. The design is based on the premises and parameters that have been stated in the previous Section. The approach is to consider the core function of the Ministry and then see how the current structure of the GDTA is aligned with the same. Thereafter the design process takes into account the separation of staff and line functions and develops a structural logic based on the same. Core Functions and Strategic Functions The core function of the Ministry, arising out of its name, is comprehensive rural development. This core function has been broken up into functional administrative units – dealing with rural roads, water supply, community development, etc. Each is now a separate Department under the GDTA as can clearly be seen from the organization structure given below: Figure 1. Broad organization of the General Directorate of Technical Affairs [Existing]

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There are other Departments in the MRD, which might have been included under the GDTA, for the same reasons as for the inclusion of the departments that are already there. And there are inconsistencies within the General Directorate of Technical Affairs also. For instance the Ethnic Minority Development Department is under the General Directorate of Finance and Administration. Within the GDTA, there is a Procurement and Finance Office under the Department of Rural Water Supply but there is no such Office under the Rural Roads Department. Further, the Procurement and Finance Office under the DRWS also looks after Stores and inventory, and has the Garage and Workshop, as well as Administration of Vehicles under it. Obviously, there is no logic as to why these Offices should not have been under the General Affairs Office. The Administration of Vehicles is under General Affairs Office in the Department of Rural Health Care, and in the DRR, there is no separate section for this at all. It is to be assumed that the Administration and Personnel Section looks after that function in the DRR. The Training Function appears in different forms and under different guises, sometimes as a Department under the General Directorate of Administration and Finance, and separately also as a Section under a Department. It therefore seems that so far as distribution of functions is concerned, there has been a certain amount of ad hoc-ism in the allotment of Departments to perform them, and in the allotment of Offices within the Departments. The observations provided in the Previous Section in regard to formal and actual functions, overlapping of functions, and lack of clear boundaries and task clarity thus appear to be borne out. It is in any case necessary to point some glaring inconsistencies in structure. Only the Department of Rural Roads has an environmental and social safeguards section [grossly undermanned]. Yet, every other Department under the GDTA has executive functions that have environmental consequences, and no section to look after those aspects. Similarly, as has been mentioned, the Ethnic Minorities Development is looked after by the GDAF, and that General Directorate also has no section dealing with social safeguards and resettlement policies. Clearly, looking after environmental and social issues only in the context of rural roads is a very biased and limited view of the importance and scope of safeguards. As regards Finance, there seems to be no clear logic into why and how the separate Finance sections have been placed under the various Directors and/or Offices. No clear flow of Accounting information is explicit either in the structure or in the Offices. Finally, the Planning function itself is scattered over several Departments and also as a function by itself. In the case of the Department of Community Development, planning appears as the Planning and Finance Section under the General Affairs Office, while in others, it sometimes is an Office by itself, and in others still as a Section under some other Office. The structure of the Department of Planning and Public Relations itself is a little lop-sided, with planning appearing to be a minor function. Further Technical Monitoring and Financial Monitoring are both put under this Department, while the department hardly has any technical engineering or professional Finance capacity. More points could be added to the above, but it is not necessary to further reinforce these issues. The baseline is that there needs to be some realignment of functions in the Ministry as a whole and within the GDTA. Core Functions. It has been stated before that the core function of the MRD is to have comprehensive rural development. The first issue therefore is whether the MRD is in a position to do so – structurally speaking- comprehensively. And the second issue is whether the coverage itself is comprehensive. The second issue is not one that forms the subject of this document, since it is for the government to decide what specific functions to put within the

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jurisdiction of the MRD, and also because this document, as per TOR of this assignment, is concerned only with the GDTA. Suffice it to say that on preliminary analysis, the coverage does not appear to be comprehensive and that some essential functions are not represented. Our concern currently is with the first issue. That is to say, whether the MRD is structurally geared to address issues of rural development comprehensively. Again, one must take the narrow view here, given the parameters and bounds of this document, and look at it exclusively from the perspective of the GDTA. To perform that analysis, it is necessary first to list the functions of the GDTA as currently performed by that General Directorate. These are as follow, with the sub-functions listed under each function:

General Directorate of Technical Affairs

• Department of Rural Roads General Affairs Office

• Administration and Personnel Section • Finance Section • Reporting Section

Planning and Statistics Office • Plan Preparation Section • Inventory and Statistics Section • Traffic Count Section

Maintenance Management Office • Maintenance Planning and Prioritization Section • Implementation Monitoring Section • Community Road Maintenance Support Section • Road Condition Survey Section

Monitoring and Evaluation Office • Contract Monitoring Section • Technical Monitoring Section • Road Safety Section • Rural Roads Policy update and Review Section

Research and Development Office • Survey Design and Construction Section • Surface Options Section • Soil Laboratory • Training

• Department of Rural Water Supply General Affairs Office

• Administration and Personnel Section • Documents Section • Reporting Section

Planning Office • Planning Section • Statistics and Mapping Section • Monitoring and Evaluation Section • Training Section

Procurement and Finance Office • Accountability Section • Storehouse Section

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• Administration of Vehicles and Heavy Equipment Section • Garage and Workshop Section

Clean Water Office • Water Quality Control Section • Survey and Design Section • Well Drilling Section • Hand-dug wells section • Pump Installation and Repair Section

Small-scale Irrigation and Energy Office • Survey and Design Section • Small-scale Irrigation Section • Small-scale Energy Section

• Department of Rural Health Care General Affairs Office

• Planning and Personnel Section • Accountability Section • Documentation Section • Computer Typing Section • Reporting Section • Logistics and Drivers Section

Community Health Training Office • VHV Training Section • Staff Training Section • Training Program Section • Research and Survey Section • Monitoring and Evaluation Section

Environmental Sanitation Office • Latrines and Environmental Sanitation Section • Water Use and Hygiene Education Section • Monitoring and Evaluation Section

Community Health Education Office • Nutrition and EPI Education Section • Communicable Diseases Education Section • Mental Health Education Section • IEC Materials Development Section • Birth Spacing Education Section • Monitoring and Evaluation Section

• Department of Community Development General Affairs Office

• Administration and Personnel Section • Planning and Finance Section • Reporting Section

Family Food Security Office • Agricultural Survey Section • Applied Agricultural Techniques Section • Agriculture Extension Section

Base Development Office • Survey and Design Section • Village Development Section • VDC Establishment Section

Community Development Centers Office

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• Research and Survey Section • Integrated Technical Experiments Section • Extension Section

Informal Education Office

• Training Needs Assessment Section • Literacy Education Section • Vocational Training Section • Mine Awareness Section

• Department of Rural Economic Development General Affairs Office

• Administration and Personnel Section • Finance Section • Planning and Reporting Section

Rural Credit Office • Credit Needs Assessment Section • Village Banks and other Banks Section • Credit Association Section • Coordination and Capacity Building Section

Small-scale Industry Office • SSI Research and Statistics Section • SSI Promotion Section • Vocational Training Section

Marketing Office • Market Research Section • Market-price information Section • Market Building Section

The following observations can be made:

• Every Department has a General Administration Office, but the functions included vary.

o In DCD and DRD, Administration, Finance, Personnel and Reporting are included

o In DRHC, Planning, Personnel, Accountability, Computer Typing, Reporting, Logistics and Drivers Administration are included

o In DRWS Administration, Personnel, Documentation and Reporting are included

o In DRR, Administration, Planning and Reporting are included • Planning function is variously represented:

o Under General Affairs Office in DRED, together with the Reporting function

o Under GAO in DCD together with Finance function o Under GAO in DRHC together with Personnel function o As a separate Office in DRWS and DRR

• Finance function is variously represented. o Finance is an independent Section in DRR and DRED o Finance is included with Personnel in DCD o Finance function is called Accountability Section in DRHC and

DRWS

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o Finance and Procurement are together represented in

Procurement and Finance Office in DRWS • Monitoring and Evaluation is variously represented.

o As a separate Office in DRR o As part of Planning Office in DRWS o As a separate section in all Offices except GAO, in DRHC o Is not represented as a function in DRED and DCD

• Training Function is variously represented. o As a Section under Research and Development Office in DRR o As a Section under Planning Office in DRWS o As a separate Office in DCD- concerned with Training and

Capacity building of villagers o As a separate Office in DRHC concerned with Training and

capacity building of volunteers and Health staff o Is not represented at all in DRED

• Vocational Training is conducted by two separate Departments. o By the Community Development Centers Office under DCD o By the SSI Office under DRED

• Family Food Security Office under DCD has functions fully in common with similar Offices under Ministry of Agriculture.

• There is a Clean Water Office under DRWS, but it has not IEC function under it; and the DRHC Community Health Education Office does not have a function for education on Clean Drinking Water for the communities.

• There is no Environmental and Social Safeguards Office or function in any of the Departments

• Under DRR, there is an Implementation Monitoring for Road Maintenance under the Maintenance Management Office, and a separate M&E Office also which has a technical monitoring Section.

Within the GDTA, core functions can be assumed to be represented by the Departments as they are of today. As stated earlier the expansion or contraction of overall functions is a government decision, since there could be a number of functions in common with other Ministries. The question that then arises is, what are the line functions, what are the strategic functions, and what are the staff functions? Can these be integrated somehow, or better organized- keeping in mind the parameters and constraints that have been earlier mentioned? The question also is whether there are any obviously essential functions that have been excluded from the list of functions of the GDTA overall. Strategic Functions and Staff Functions. The criticality of strategic and staff functions is that unless the strategic functions are clearly identified and strategies clearly stated, there is always a danger of overlapping executive actions- which can lead to loss of accountability and wastage of resources- and delays and time lags because sequenced activities are either not seen or are not implemented in sequence because the executive actions themselves have been spread over several units which in themselves are not well coordinated. Staff functions, when broken up into smaller units without a central coordinating mechanism and without a very clearly laid out reporting relationships, generally perform well below their expected efficiency and effectiveness levels. In the case of the GDTA, the staff functions can be seen to be

• Finance • Procurement

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• Environment and Social Safeguards • Information Collection, Collation, Archiving, and Reporting [ICCAR] • Administration [including logistics]

The strategic functions would then be

• Planning and Design • Monitoring and Evaluation • Coordination

The Executive functions are the project implementation as well as asset maintenance functions, which already exist. They need to be reorganized, and this is discussed later in this section. Staff functions support both Strategic as well as Executive functions. Staff functions, by their very nature, are support functions. As such they provide support to all others including the strategic as well as Executive functions. The Finance function for example, provides the financial figures that are required input for strategic investment planning and for prioritization between and within programs. The procurement function is an essential part of project execution. Environmental and Social Safeguards are mandatory evaluations and audits that need to be performed on both project planning and procurement, and on projects that are being executed. And information archiving is important for Management Information, and decision-making. Considering this aspect, and recognizing that fragmentation of staff functions means that there is danger of information being diluted, distorted or delayed, it is therefore recommended that staff functions within GDTA be consolidated into single functional units. The Staff function in GDTA could thus be organized as follows: Fig. 2 Proposed organization of Staff Functions in the General Directorate of Technical

Affairs. The Procurements Department would then have the following Offices under it:

• Procurement – Government Funds • Procurement – Foreign-aided Projects

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TheOffice of Government Procurement would do the procurement for all projects as well as revenue items that use Government Funds. The Foreign-aided Projects Office would procure for all projects that use Aid funds – whether loans or Grants, and whether bi-laterally provided or multilaterally provided. A separate office for Procurement for foreign aided projects is usually a prerequisite for donors such as the World Bank and the ADB, and this way, such organizations can be assured that the Ministry is making a focused effort at building up procurement capacity. This would then later remove the need for setting up procurement sections under several project implementation units. The Finance Department would have the following Offices under it:

• Revenue Expenditure Accounting • Project Expenditure Accounting – Government Funds • Project Expenditure Accounting – Aid Funds

The Office of Revenue Expenditure Accounting would do the accounting for salaries and other revenue expenditures of the department. The Project Expenditure Accounting for Government Funding Office would do project expenditure accounting for those projects that are executed with Government Funds, and the Aid Funds accounting would be a third office that would only be concerned with foreign aided projects. The reason for this trifurcation is that the assessment of FM capacity is a pre-requisite for most multilaterally aided projects, especially the World Bank and the ADB, and having a separate Office looking after Project Accounts would go a long way in assuring the donors that the Ministry has that capacity. This will also remove the necessity of hiring specialized FM personnel for managing finances of each and every aided project. The Information Services Department is recommended to have the following Offices:

• Document Processing and Archiving • Report preparation and Circulation • Systems management

The Information Services Department will essentially prepare and process documents and field reports, reference them, and circulate appropriate consolidated and collated reports. The two sections on document processing and report preparation will perform these tasks. The Systems Management Office will be in charge of the hardware and software of the computer system in the GDTA. The Environment and Social Safeguards Department is recommended to have the following Offices:

• Environmental Evaluation and Safeguards Compliance Monitoring Office

• Social Safeguards Evaluation and Compliance Monitoring Office Each of these Offices will evaluate all bid-documents from the point of view of environment and social safeguards compliance, and would also inspect all project works to ensure that all safeguards are being complied with in practice. The Administration and Logistics Department will be in charge of personnel matters including attendance etc. and will also look after such issues as transfers, personnel records. The other functions would be the management of vehicles, allocation of drivers, and so forth, and management of Stores and inventory. The Offices under this Department will be

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• Administration and Personnel • Logistics and Deployment • Stores

It should also be noted that the staff functions will be the support functions to all the Core programs of the GDTA, which includes Rural Roads, Rural Health Care, Community Development, Rural Water Supply and Rural Economic Development. These staff functions need to be replicated in the provinces. At the provincial level though, a small number of personnel would probably suffice. A typical provincial structure would then include an Administrative Support Cell, which would be made up of one or two persons in each of the Staff functional areas of Finance, Administration, Procurement and Information Services. The organization structures of each of the staff functions is shown schematically below.

Fig. 3 Organization of the Procurement Department in GDTA [proposed]

Fig.4 Proposed organization of the Finance Department in the GDTA

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Fig.5 Proposed organization of the Environmental and Social Safeguards Department Fig. 6 Proposed organization of the Information Services Department under GDTA

Fig. 7 Proposed organization of the Administration Department in GDTA

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The Strategic functions of Planning and Design, Monitoring and Evaluation and Coordination will have to be more broad-based than now, considering that the core programs of the Ministry have a very wide coverage. It is also to be noted that there is a need to view the development of the rural areas in a holistic manner. It has already been pointed out that there are gaps in the way that some of the functions have been structured. Keeping these issues in view first of all, it is suggested that there be a Standing Committee at the level of the General Directorate. The Committee may be called the Committee for Strategy and Coordination. The Director General would be the Chairman of the Committee and all Deputy Directors General and concerned Directors would be members of the Committee. Director Administration would act as the Secretary to the Committee. The functions of the Committee for Strategy and Coordination would be as follow:

• Covert the Ministry plans into strategic action-plans • Approve of re-prioritization of actions where needed • Approve of Reports to donors and to Government before submission to

Minister • Deal with problems of coordination between executing departments and

between executing departments and others • Approve of annual action plans before submission to the Minister • Address issues of supply, procurement, personnel etc. as needed • Others as may be decided

The specific function of Planning and Design needs to be elaborated upon. It is envisaged that sooner or later there will be an initiative to have more holistic approach to rural development than hitherto. This will mean that instead of separate plans for the core program areas, there would be integrated plans [this is already being done partly] with very specific objectives and time-bound plans that seamlessly mesh with each other. Therefore it is suggested that the Planning and Design Department should be restructured as follows:

• Office of Comprehensive Village Development Plans • Office of Technical and Financial Project Planning • Office of Annual Planning and Project Scheduling • Office of Technical Design • Office of Survey and Research

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• Office of Technical and Financial Evaluation

The relationship between the Offices as proposed and the functions as they exist is shown in the Table below:

Table 1 Relationship between proposed Planning and Design Offices and Functions/ Offices as

they exist currently Proposed Office Combining Existing Offices/

Functions Remarks

Comprehensive Village Development Plans

New Basically this office will combine the plans of all the separate departments addressing core programs and create comprehensive plans for village development, removing overlaps and optimizing costs in the process. This Office will also do basic planning for IEC for each Comprehensive project

Office of Technical and Financial Project Planning

New The functions of this office will be to take approved comprehensive village development plans and create separate projects with necessary technical and financial details. This Office will be in charge of doing detailed IEC planning for projects

Office of Annual Planning and Project Scheduling

Plan preparation Section [DRR Planning and Statistics Office], Planning Section [DRHC, General Affairs Office], Planning Section [DRWS, Planning Office], Planning Section [DCD, Planning and Finance Section under General Affairs Office], Planning and Reporting Section [DRED, Planning and Reporting Section]

Currently, the planning sections in the various offices of the various departments basically perform only basic scheduling and tabulation work in terms of projects already decided upon. The proposed office will convert Strategic plans [which are medium term] into Annual Plans and schedule projects and project related actions. This office will also be responsible for making mid-stream corrections as may be decided upon by the Committee on Strategy and Coordination. This Office

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will also create IEC projects on annual basis.

Office of Technical Design Design function [DRR, Survey Design and Construction Section of the Research and Development Office], Surface Options Section [DRR, R&D office], Soil Laboratory Section[DRR, R&D Office], Design function [DRWS, Clean Water Office], Design function [DRWS, Small-scale irrigation and energy Office, Survey and Design Section]

This Office would be charged with all Technical Design as may be required under any core program of the GDTA

Office of Survey and Research

All offices dealing with Survey and Research in all the Departments of the GDTA. This will also include the Offices for Market Survey, price survey and so forth currently under DRED

The purpose of combining here is to encourage the culture of multi-disciplinary Survey teams visiting project areas or specific villages and working together to obtain a complete planning baseline picture of the project area

Office of Technical and Financial Evaluation

New There is no specific section dealing with Technical or Financial Evaluation of projects. This is particularly necessary for projects that are concerned with economic development or market-oriented projects.

Monitoring and Evaluation function has also become fragmented in terms of the existing structure. The basic functions of the unit would be to

• Create and continually develop a framework for monitoring and evaluation • Carry out monitoring function for all projects from project initiation to project

completion, technically, financially, and also in terms of compliance with established procedures as well as delays on account of procedures or other administrative or other reasons.

• Make counter-checks on compliance with environmental and social safeguards compliance.

• Monitor projects according to established Results Framework as may have been agreed upon for [especially] aided projects.

The Monitoring and Evaluation Department will now combine the separate functions, which are present in every Department as at present. It will be divided in terms of Sections as follow:

• Formats and Methodology • Field-level Monitoring

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• Statistical Analysis • Consolidation, Evaluation, and Reporting

Coordination. The function of the Coordination department will be to ensure that all projects as envisaged proceed in a seamlessly integrated manner. The coordination department of the GDTA is not to be confused with the coordination department under the Administration and Finance General Directorate. Basically, the Coordination function will have the following sections

• Internal Coordination – operations and staff functions • External Coordination – donors, auditors, other Directorates, etc.

Basically, the Coordination function should be seen as a clearing house for all problems related to delays in execution, reporting, evaluation, etc. and is supposed to be the focal point to which all executing departments will refer to get their issues sorted out where other departments or offices of the Ministry are concerned. The Coordination department is not expected to resolve any issue or decide on any matter. It is expected to expedite matters to ensure that small hurdles do not hold up project execution. The structures relating to the Strategic functions are shown below in the schematics provided. Please note that representation of Operational Functions and Support Functions have not been shown in the diagram on the Standing Committee for Strategy and Coordination.

Annex 5

Review of Functioning of the HR Department of MPWT and Suggested HR Policy and Framework

Review of the functioning of the Personnel and HR Department of MPWT

Overview

This sub-section discusses the functioning of the present Personnel and HR Department of the MPWT. The functions are reviewed in terms of the standard categorization of functions of a personnel and HR department, whether in Government or not. Comments on deficiencies are offered as they have been observed. The next sub-section on a policy for HR, provides guidelines on what can be done to ameliorate the situation.

Personnel functions, in general, are categorized as (i) Recruitment, (ii) Compensations, (iii) Posting, transfers, and promotions, (iv) Benefits and Privileges, (v) Dispute resolution and grievance handling, (vi) Manpower Planning, (viii) Job evaluations, (ix) Performance Appraisal, (x) Severance, (xi) Training, and (xii) Disciplinary mechanisms. Observations are presented below on each of these functions, and comments are offered on the observations.

General Background of the Department of Personnel and HR in MPWT

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The Prakasa, as brought out by the MPWT on 30th November 1998 is the defining document for the functions of the P& HR department. The Department is to be headed by a Director who is to be assisted by two Deputy Directors. The division of work between the two Deputy Directors itself appears not to follow any particular logic since one Deputy Director looks after Personnel office and social work, and the other is supposed to look after Salary administration and Training. Currently all three positions are filled. The functions of the department as stated in the referred government document are briefly as follow:

• Making Human Resource Policy which includes- manpower planning, staff recruitment, preparing the working rules and regulations, recommending for promotions, transfers, including implementing the disciplinary rules

• Training and evaluation • Normal Administrative functions • Preparation of Identity Cards for all Employees • Supervision of Officers • Creation of Staff database • Facilitating better working conditions • Fixing the salary structures, benefits, retirement conditions, preparing the

statements of accounts on the salaries / retirement benefits • Preparing the activity charts- monthly, semi-annually and annually to the

Ministry • Working with the Donors/ NGOs

It is to be noted that the combination of functions is rather eclectic. Further, functions are included that, strictly speaking are not personnel functions at all. This includes supervision of officers, preparation of identity cards, etc. It is also important to note that the Department has not been provided with a single overarching mission, nor a set of objectives with respect to which the department itself can be evaluated. Training and evaluation have been clubbed together and it is not clear whether this relates to the evaluation of training, or performance evaluation.

In any case, it is also possible to discuss the actual functions of the Personnel and HR department with respect to what has been stated in the Prakasa, since that document largely covers the area of personnel and HR. An attempt is made below to describe the situation in the MPWT in terms of the processes existing and required, the extent the P&HR is able to handle the basic requirements of the Department.

Recruitment and Manpower Planning

The Personnel and Human Resources (P&HR) makes the need assessment for the personnel on a regular basis (annual) and requests the MPWT to arrange to recruit the personnel. The Ministry, after review, recommends the same to the Council of Ministers once a year. After finalizing the number of senior positions, the Council of Ministers informs the Ministry. After that, the Ministry issues the advertisement with the help of the P&HR Department. The administrative work related to the recruitment is done by the P&HR Department. Let me try to make the flow chart. For middle and junior level positions, after the Council of Ministers approve of the need to recruit, then the onus rests with the Ministry for recruiting the middle level and junior level people. In this connection, the P&HR Deptt plays a major role, manipulates and gets the candidates recruited. The process is shown below:

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Generally, it appears that the Heads of Departments are not consulted in the process of assessing manpower needs or in the process of recruitment, especially for senior positions. This means that the various Departments and Directorates have to establish their own links with the Administration Directorate and the Personnel department in order to ensure that their needs are addressed as best as possible. Apart from the general process identified above, there are no clear guidelines on recruitment or manpower planning. It was not possible to find detailed job descriptions or statements of work-loads or any other objective reference point with which to compare required versus actual manpower. Apparently these are not completely and fully done, and surveys have never been carried out on job evaluations, job descriptions, etc. Only general functions are available up to the level of Chief of Office. They are practically not available for support staff. The P&HR Department is expected to make the manpower planning for the next five years and submit it to the Ministry for its approval. The five year plan is reported to be undergoing some changes as required. In reality, the P&HR does not make any systematic manpower planning. Instead based on the urgency, the recommendations are made from time to time and suggest it to the Ministry. The Consultants feel that the P&HR has no holistic processual perception.

Compensation, Privileges and Benefits

Compensation includes salary/wage fixation, increments, personal loans and advances, deputation allowances and special allowances, gratuities and other tax deductions. Under the present system, the salary paid every month has two components such as: a) Basic salary; and, b) allowances (such as the child and wife allowance paid at the rate of 0.50 USD per month in each case). The child is eligible for the allowance until it reaches 18 years. The basic pay is decided at the entry level of the incumbent. The statement for this is made by the Accounts department on the recommendations of the P&HR department. Those drawing the salary above USD 100 USD per month are being paid by cheque and the rest are paid by cash.

Increments: There is no regular increment system in the Ministry. This is variable from 5 to 25% based on the discretion of the Minister. It is reported that the Ministry of Economy and Finance (MEF) also plays a role in deciding the level of increments to be given to the employees. First of all, a range of increment is decided by the MEF and communicated to the

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concerned Ministry; and the Ministry uses its discretion in deciding the actual rate applicable to an employee under the recommendations of the P&HR. The rationale for the basis of the increments appears to be ad hoc and discretions play a major role. This is reported to be on ad hoc basis and not in creating sound relations with the employees and slso does not help the employee plan his future financial planning. Increments have to be on defined basis and should have: a) a basic minimum across the board for every employee (say a 10%), followed by a discretionary rate which should be based on the performance evaluation carried out by the HoD.

Privileges and Benefits: In this area also there do not seem to be any rules whatsoever. Government employees do not have Casual Leave, Earned or Privilege Leave, or Medical Leave, except for what is provided in the Labor Law and Service Rules. However these Rules are generally observed in the breach. It is up to the discretion of the superior officers to grant leave against specific requests, or not. No benefits accrue to government employees. There is no system of Medical assistance, and no money is paid for Leave travel. No superannuation benefits are paid. No employee is provided with an incentive under the routine working conditions in any department.

Attendance

In the case of the Routine Department work: It is mandatory that each Department has to maintain the attendance register and the HoD is expected to sign in the register every day approving the attendance of the employees. It is also mandatory that an employee works for 8 hours a day. However, in reality most people go away from office after signing the register and as has been mentioned elsewhere, discipline is lacking in this respect. On enquiry, it was found that most of the absentee employees have a job in the private sector, which is practically the major source of income.

In the case of externally funded projects, attendance is maintained and also reported to be full on every day. The main reason is that the HoD has full control on the employees and accountability is ensured. Secondly, as the employees in this system are normally eligible for some incentives, the attendance and output delivery are supervised, measured and accordingly guided on daily basis.

There are no guidelines for office attendance except for general timings, and attendance registers are not audited on regular basis.

Promotions, postings and transfers

Promotions are done on ad hoc basis. There are no defined rules in place. Recommendations in these regards are made by the Personnel department based on their own observations, and there is no transparency in this regard. Promotions above certain thresholds need to be approved by the Council of Ministers based on the recommendations of the Ministry, which in turn are basically the recommendations of the P&HR, concurred by the Minister.

For postings and transfers also the same ad hocism applies. It can therefore be seen why reliance on informal relationships is a basic organizational assumption in the MPWT.

Manpower Planning and Succession Planning

There is no formal system of Manpower Planning or succession planning and capacity to do such planning also does not exist.

Personnel Records

The consultants were informed that there is no system of maintaining the Service Registers [personal files] in any department. The only document that the P&HR department produced for inspection was the Salary Register. This is a 22 column statement about the employee and this is prepared on monthly basis for the purpose of disbursing the salary. Some of these

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columns are shown in Annexure 1. This statement is too unwieldy and needs pruning. The Consultants have suggested a simpler format shown in Annexure 2.

Grievance Redressal

There is no separate cell for grievance redressal in the Ministry. As part of his overall responsibilities, the Director, P&HR is authorized to handle the matters related to the working conditions, conflicts on service conditions. However, it was found that there are no cases of grievances reported by any employees in the MPWT. Since it is impossible that employees do not have any grievances – given the level of ad hocism in the Ministry, it is only to be understood that either the employees have no faith in the mechanism in the Ministry, or the P&HR does not take this function as an essential one.

Disciplinary Mechanism

There is no formal Disciplinary mechanism in the Ministry. It is therefor important to formulate the rules for the same. Probably, this is one of the reasons as to why the employee attendance in the office appears to be un satisfactory; and, no action is taken on an absentee employee. This has given rise to further absenteeism.

Social Security

There is no social security like Provident Fund or medical benefits in the MPWT. Long term security for the employee is as important as the present salary. The safeguard for the future income safety of the employee gives the employee an additional confidence. The consultants were informed that the need for the social security has been recognized and the Ministry of Social Affairs is reported to have been working on the “Social Safety Net” for employees. However, pending that, no initiative has been taken by the Ministry itself in this regard.

Performance Appraisal

P&HR Department is expected to carry out a performance appraisal annually. However, there does not appear to be an institutionalized system for the purpose. It has also been felt that the P&HR department has no capacity to carry out a formal performance appraisal exercise. A suggested Performance Appraisal format is enclosed at Annex 3.

HRD functions

Counseling: There is no counseling by the P&HR department for a new employee or for the one already in the employment.

Job Enrichment: The P&HR department is not aware of its role in job enrichment, nor does it have the capacity to do so, or assist the Head of Department in this regard.

Training & Capacity Building: The P&HR department is deputing the personnel for training within and outside the country. In the normal government budget funded projects, there appears to b e a great discretion for the P&HR Department in deputing the candidates for training either within the country or abroad. However, in the case of the externally funded projects, the Project Director has the discretion and the selection of the candidates is more objective.

HR database: No HR database actually exists.

Comments

It is seen from the foregoing description that in reality, the Personnel and HR Department is not performing any of its tasks in a formalized, institutionalized and objective way. When it is considered that there is practically zero attendance of staff in that department routinely, it can very well be understood why this is so. There is no leadership in that department that was visible to the Consultants, and there was no capacity in regard to execution of personnel

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functions that could be discerned. While it is understood that such is also the situation in many other Ministries, this is not an excuse, given that the prakasa establishing the department spelled out tasks which are not being done, such as manpower planning, or formulation of personnel policies and service conditions. Under the circumstances, it is felt that the whole department needs to be thoroughly reorganized and capacity injected into that department, in addition to building the capacity of employees at all level already working in that department, before something meaningful can be expected to happen.

HRD Policy Framework

Overview

In this sub-section, a basic policy framework for Human Resources is suggested. It might be argued that since this is a government Ministry, in the formulation of such policies there are wider conditions that have to be kept in mind, since there are issues of both vertical and horizontal equity involved here. However, it may also be noted that as of date there are no rules and no guidelines available in the Ministry with regard to personnel function, and the concerned department has not done anything to alleviate the situation. Under the circumstances, it is felt that at least broad guidelines should be formulated and presented, and in this regard, the expectations of the TOR are quite apposite.

Discussions on the Need for a Policy Framework

The Ministry of Public Works and Transport [MPWT] is one of the larger Ministries of the Royal Government of Cambodia. There are about 3700 employees in the Ministry, of who 2200 are posted in the 24 provinces of the country and approximately 1500 are at the center. The distribution of the staff in terms of senior, middle and lower level employees is as follows:

Senior level – Directors and above 39

Middle level – Deputy Chief of Office to Chief of Office and Deputy Directors

41

Lower level – Below Dy. Chief of Office 3620

The Royal Government of Cambodia [RGC] does not have a single set of Rules of Service for employees of the Government. Some decrees are published from time to time covering a Ministry and stating its overall functions as added or amended. Unlike many other Governments, in Cambodia the Minister is both the policy head as well as the executive head. As a result, what happens within a Ministry is very much dependent upon what the Minister seeks to do. There are some overall approvals required from other Ministries or other bodies [such as the Council of Ministers] for functions related to HR management, such as for

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creation of positions and recruitment for certain positions, but in effect personnel administration within a Ministry is very much within the Minister’s purview and as per the procedures desired by the Minister. The consequence is that there are changes in procedures with changes in the head of the Ministry.

In view of the above, and in view of the fact that even after thirty years after a democratic government came to power in Cambodia, institutionalized and transparent systems of Human Resource management have not been built, and that there is a considerable lack of enthusiasm for qualified persons to opt for government jobs, it has been felt necessary to suggest, as also per the Terms of Reference of the Consultants, a HRD framework and an outline [at least] of a HR Policy.

Further reasons can be adduced for considering the development of an HR policy as important and somewhat urgent. The first of this is that the RGC is currently not in a position to attract talent for undertaking the management of the many developmental programs that the RGC, and the donors, have invested in. The current capacity of the various departments of the MPWT is weak, and this Ministry –at least- does not have the capability to build up its in-house capacity. This has resulted in the Ministry creating ad hoc committees for handling emergent problems [resulting in solutions that in themselves are not sustainable, and decisions that are not properly sequenced and which therefore create discontinuities in project execution]. The donors, in turn, having realized this lack of capacity, have insisted on the creation of Project Management Units, or Project Implementation Units – staffed by qualified local persons who are employed at more or less market rates on contract basis. The PMU and the PIU do not help to build up the capacity of the Ministry in any way because PMU and PIU staff are more concerned with matters concerning the projects for which they are primarily employed.

Other reasons contributing to the need for the development of a proper HR framework relate to (a) need to bring a proper work-culture and work-ethics in government working, (b) extremely low productivity of Ministry personnel, (c) high absenteeism among Ministry personnel, (d) lack of motivation, and (d) stagnation.

It is true that one of the major reasons for the unattractiveness of government jobs is the salary. However, it should be noted here that such is the situation in most countries. Normally, the lower levels of salary are compensated at least to some extent, by (a) stable working conditions, (b) job security, (c) predictability of modes of vertical mobility, (d) clear and unambiguous rules for privileges such as leave and benefits, and (f) impartial and transparent evaluation and reward and punishment systems. It is a fundamental tenet of Human Resource management that salary increases do not account for low productivity and ineffective employee performance or even ineffective management and service delivery. The ‘hygiene’ conditions need to be put in place, since without them no other incentive or motivational scheme will not work.

All the deficiencies that have been pointed out above clearly the need for a proper, impartial, transparent and structured HR framework and policy. This document therefore states the basic premises of a HR framework, and then proceeds to develop the outlines of a HR policy.

The Policy Framework

The major parts of a HR policy framework are as follow:

• Recruitment • Transfers and Promotions • Compensation • Benefits and privileges

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• Grievance Redressal • Discipline • Severance • Manpower Planning • Training and Capacity Building

It is now pertinent to see the current situation in MPWT with regard to the parameters governing an HR policy framework as described above. As can be seen from the foregoing discussion, almost all the linkages are missing, and therefore the first task would be to restore the linkages. This is to be done in terms of a Guidance that needs to be officially promulgated by the Ministry internally, and widely publicized internally. The first attribute of a proper HR system is that it should be transparent. The current system in the MPWT is conspicuously lacking in this regard. In fact, it is suggested that every rule, as it is adopted by the Ministry, should be publicized so that the sense of security and belongingness of the employees increases. It is essential that the fundamental tenet of a proper human resource management system, that every employee should be well aware of his rights, privileges, obligations and duties, be complied with. As has been mentioned earlier, and in the inception report also, culturally there is a lack of trust in organizational authority, because of the history of the country. That lack of trust gets perpetuated through systems that lack transparency, and it should be the first order of the day to reverse that trend.

Recommendations

Service rules: The first step is to prepare a set of Service rules and promulgate them. As has been said, salary is not the only thing that makes people opt for a particular job or service. This is common knowledge. It has been stated that part of the attractiveness of a government job are

(a) stable working conditions,

(b) job security,

(c) predictability of modes of vertical mobility,

(d) clear and unambiguous rules for privileges such as leave and benefits, and

(e) impartial and transparent evaluation and reward and punishment systems.

The above are what have to be stated in the Service rules. It is also seen that other than the matter of privileges and benefits, there is no other parameter that has a financial implication. Thus even with the constraints of the Cambodian Budget, there is no reason why specific conditions and rules cannot be laid down for the same. Elaborating on these ideas, in terms of specific sub-components, what need to be specified are the following:

Stable Working Conditions – these should state (a) job descriptions for each position, (b) rules for transfer to (i) rural postings, (ii) postings in other departments and sections, (iii) posting to other Ministries and organizations with the privileges and benefits that go with them. They should also state the rules for (a) grievance redressal including a clear procedure to be followed in case an employee has a grievance, (b) salary scales and annual rates of increment that would accrue automatically without recourse to any discretion on anyone’s part if basic conditions [such as positive or satisfactory report from a superior or regularity, or no allegations of fraud or corruption] are met. A review of salaries is necessary and instead of single point salaries, scales should be introduced, so that employees have a feeling of growth in any case. The obligations of each employee should be stated in terms of principles to be followed.

Job Security – job security comes from the fact that an employee is assured of continuance if he continues to meet the minimum conditions for performance of his duties and obligations.

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So long as his duties and obligations are specified, and he continues to meet them to a reasonable degree of satisfaction, the employee should have a guarantee of continued employment in terms of the Service Rules. This means that the Service Rules should only state the grounds of severance. By default, if any of those grounds do not apply, then the employee would continue in service.

Predictability of Modes of Vertical Mobility – for any employee, assurance that there are avenues for growth, is important. Thus the Service Rules should state the conditions under which an employee can be promoted. This could be done in two ways – seniority or seniority-cum-merit based promotions, or merit-based promotions. Ideally though, both options should be kept in mind. A simple seniority based scheme also tends to promote deadwood to higher positions with resultant loss of effectiveness in service delivery. A combination of seniority-cum-merit based promotions for the larger percentage of employees and a fast-track for merit-based promotions may be used. Merit-based promotions could be a combination of departmental examinations and interviews or just departmental examinations for initial stages and just interviews for higher levels. Whatever the mode that is adopted, it would be important to (a) first state the process, (b) make the process transparent – including informing the candidate of his scores and performance, and (c) provide multiple opportunities. During evaluation, the employee must be given the opportunity to look at the reports given by his superiors over the years and covering all his service tenure. Currently all this is missing in the MPWT. Promotion Rules need to be unambiguous in terms of a number of criteria. These are given below, as an example of how rules are normally laid out:

• Appointments [promotions] to higher scales on the basis of seniority and years of service – conditions to be met

• Appointments [promotions] to middle and junior scales on the basis of seniority and years of services – conditions to be met

• Appointments [promotions] to higher scales on the basis of merit [through selection]

• Appointments to the highest scales and highest positions in the Ministry

• The process of selection and appointment – need for Screening Committees. It should be ensured while making promotions that suitability of candidates for promotion is considered in an objective and impartial manner. For this purpose, Screening Committees should be formed for different grades whenever an occasion arises for making promotions/ confirmations etc. The constitution of the committees should be specified for different levels, in the Rules. The Committees so constituted should judge the suitability of officers for:- (a) Promotions in various grades, including ad-hoc promotions in cases where disciplinary proceedings/ criminal prosecutions are prolonged; (b)Confirmation; and (c)Assessment of the work and conduct of probationers for the purpose of determining the suitability for retention in service or their discharge from service or extending their probation. Meetings of the Committees should be convened at regular intervals to draw panels for filling up vacancies arising during the course of a year. For this purpose, it is essential for the concerned State Government to initiate action to fill up the existing

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as well as anticipated vacancies well in advance of the expiry of the previous panel by collecting relevant documents like Annual Confidential Reports, integrity certificates, seniority list etc. for placing before the Committees.

• Determination of Vacancies- It is essential that panels should be prepared for filling up vacancies due to death, retirement, resignation, promotions, etc. It is also essential to estimate the number of vacancies as accurately as possible. A special exercise needs to be done for this purpose, and specific procedures to be followed should be laid out.

• Papers to be put up for consideration of the Screening Committees should be specified. As stated, these should include the Annual Confidential Reports, Integrity Certificates, complete Service Records, and others as may be specified.

• Procedures to be followed by the Committees should be specified in unambiguous manner. While normally committees have some flexibilities to evolve their own methods and procedures for objective evaluation, Rules should lay out the principles for the same, and provide specific Guidance.

• Principles for dealing with Adverse Remarks on Annual Confidential Reports should also be laid down.Where adverse remarks in the Confidential Report of the officer concerned have not been communicated to him, this fact should be taken note of by the Committee while assessing the suitability of the officer for promotion/confirmation. In a case where a decision on the representation of an officer against adverse remarks has not been taken or the time allowed for submission of representation is not over, the Committee may defer the consideration of the case until a decision on the representation is arrived at. An officer whose increments have been withheld or who has been reduced to a lower stage in the ime-scale, cannot be considered on that account to be ineligible for promotion as the specific penalty of withholding promotion has not been imposed on him. The suitability of the officer for promotion hould be assessed by the Committee as and when occasions arise. They will take into account the ircumstances leading to the imposition of the penalty and decide whether in the light of overall service records of the officer and the fact of the imposition of the penalty, he should be considered for promotion or not. Even where the Committee considers that despite the penalty the officer is suitable for promotion, the officer may be promoted only after the currency of the penalty.

• Clearance from anti-corruption angle should be specifically mentioned and the rules for taking reports into account prepared.

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• Specific Rules would need to be laid down in cases where the

officers concerned are on deputation to some other Ministry or organization, or where there had earlier been criminal or disciplinary proceedings against the officer-since concluded, or where such proceedings are unduly prolonged and therefore ad hoc promotions may be considered.

• Appeals can be made by the officers against the decision of the Screening Committee and this would then require the constitution of Review Committees who would review the Screening Committee’s decision. Normally, a Review Committee is constituted only when it is amply clear that the Screening Committee had not taken all material facts into consideration. Special review may also of course be done in cases where adverse remarks made in an officer’s dossier are expunged or modified.

• In case an officer due to be promoted, is not so promoted, then the reasons thereof should be duly recorded. The procedure of recording should also be specified.

Unambiguous Rules for Privileges and Benefits – As has been discussed, there are no leave rules for government servants in MPWT. This is contrary to labor laws in any country. And this is against the basic principles of human resource management. One way to combat unauthorized absenteeism is to provide rules for taking leave, so that people do not take unauthorized leave. Leave Rules, stating Casual Leave, Privilege Leave entitlements and encashment of privilege leave, Medical Leave, Maternity Leave, etc. need to be formulated. Correspondingly, some basic benefits need to be specified. These could include medical benefits with appropriate thresholds, some level of superannuation benefits, and so forth. Rules for taking salary advances, other personal advances, and loans for purchase of personal vehicles, etc., also need to be specified. Obviously, there will be different thresholds for different levels of management.

Impartial and Transparent Evaluation and Reward and Punishment System – Rules need to be specified in terms of the Performance Evaluation system. The system should be such that the person being evaluated should also rate himself and compare his own rating with the rating given by his superior. The final rating should also be intimated to him, including a feedback as to how the rating will affect his incentives, promotions, etc. Formats for this purpose need to be developed, and these formats also need to be informed to all employees. Reward and punishment systems include reward for exceptional work including one time gratuities or bonuses, or continuing incentives, and punishment for poor performance or non-compliance of service rules, or for behavior that is considered unacceptable [including corruption-both moral and financial, harassment of women at work, and others]. The maximum and minimum extent of punishment also needs to be specified. Where Annual Confidential Reports are to be prepared, then the procedure thereof should be stated, keeping in mind the fact that superior officers may have biases that are unrelated to the actual performance of the incumbent. And in any case, the personnel department should act as consultant and facilitator, and should not take upon itself any decision-making. If there are adverse remarks in a persons appraisal report, then the matter is to be taken to one higher level.

Manpower Planning

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It has been mentioned that there is no Manpower Planning for the Ministry. Manpower Planning is a detailed exercise that begins with job analysis, job evaluations and work-load determination in every department. Additions at various levels, rates of attrition [including promotions] at various levels are to be considered, and factors such as absenteeism are also to be considered. Manpower Planning will require the devising of a whole system, and the specific tool-based training of HR staff. Guidance notes in this regard are recommended to be prepared.

Disciplinary Mechanisms

Setting up a disciplinary mechanism is a task by itself since every step that is to be taken, will have legal implications. However a general set of subjects for disciplinary proceedings, following the Practice in other Governments, could be set as follows:

• Preparation of Disciplinary Case • Preliminary processing including the determination of the existence of

prima facie evidence supporting the case • Appointment of Reporting Officer and Inquiry Officer • Statement of format of Report of Reporting Officer and Inquiry Officer • Constitution of Disciplinary Panel • Proceedings before Disciplinary Panel • Considerations of Disciplinary Panel • Principles governing Disciplinary Panel decisions • Appeals – appellate body, format of appeal, and proceedings • Use of disciplinary decisions in service records

Service Records

Currently no proper Service records are maintained in the MPWT. This is a mother document and is sacrosanct, throughout the employment of a person with the Government. The maintenance of Service Records should be made mandatory and audit should be done on regular basis to see that the records are being maintained properly. The conduct of such audits is the responsibility of the Personnel department. A Service Record is one that contains every event occurring in the official life of a government servant. A Service Record [SR] or Service Book [SB] must be opened for all government servants from the date of entry into service and is to be maintained till he ceases to be in service. It would normally be preserved for at least twenty years after the person ceases to be in service. The SB also contains certain entries about events prior to entry into service. Entries made for this phase [at induction into service] should be made after consulting and verifying the original certificates. Once the SB is opened and the initial entries are recorded, other entries are entered as and when the events take place. Entries made during a person’s service career refer to confirmation, suspension, promotion, special incentives, reduction in rank, withholding of increment, recovery of loss, service break, special awards during service, degrees and other professional qualifications earned while in service, etc. All entries made in the SB should be duly attested. An SB is to be kept under safe custody.

An SB will normally be in two volumes, as follows:

• Volume I will normally contain

o Bio-data and photograph o Certificates and attestation o Previous qualifying service o History and verification of service.

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• Volume II normally contains

o All service documents that are to be certified under the second part of volume I.

Events that normally require entries in the SB include

• Entries at the time of initial appointment • Occurrence of events involving a change in the post, station,

office, scale of pay, nature of appointment, promotion, reversion, deputation, increment, leave and leave suspension, and in general any form of interruption in service

• Training undergone and visits abroad • Stoppage of increment • Grant of personal pay • Grant of special leave • Grant of encashment of leave • Provident fund and other social security details • Details of deputation, etc.

Documents that are required to be placed in volume Two of the SB include the following: • Relaxation of age, educational qualification • Report regarding verification of character and antecedents

(original). • Medical certificate of fitness (original). • Declaration of marital status (original). • Acceptance of Home Town declaration (signed/attested copy). • Oath/affirmation of allegiance, where applicable • Details of Family (Signed/attested copy). • Attested copies of certificates of age and education

qualification. • Condonation of break in service. • Collateral evidence in respect of first service.

The SB should be taken up for verification at a fixed time each year, and an entry of Annual Verification should be made in the SB. At least once every year, the person in whose respect the SB is maintained, should be shown the record and his signature should be obtained in token of his having inspected the document and being satisfied with it.

Employee Identity and Verification

The Personnel and HR department is supposed to issue Identity Cards. These cards are issued, but no employee verification takes place on regular basis, and Unique Employee Codes have not been allotted. Nor are there security holograms on the cards. Thus it is easily possible to forge those cards. A system of security stamped Identity cards needs to be devised and implemented. Further, a system of annually verifying the existence of the employee at his job. The procedure of issuance and verification must involve the incumbent, his supervisor, the superior of the supervisor and the Personnel department.

Attendance

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It has been reported in this document that attendance is a problem in the Ministry. Rate of absenteeism is very high. Consequently it is necessary to set up Rules for Attendance and a punishment system tied to the annual performance evaluation process. These rules should be part of the Service rules. Usually, the Attendance Rules have the following components:

• Office hours – summer and winter • Recess hours • On duty hours for senior officers [usually 24 for senior civil serants] • Number of days a person can be Absent Without Leave • Number of days a person can take Leave Without Pay • Late coming and early going – amount of time allowed • Consequences of late coming or early going for more than three days in a

week • Verification of presence in office during working hours – irregular and

random, who is authorized, consequences of not finding person in the office on a regular or consistent basis

• Verification of daily office attendance – signing on, verification by supervisor, countersignatures of departmental head, etc.

• Submission of attendance register to personnel department for salary computation, etc.

• Redress available to employee whose attendance is calculated wrongly.

Recruitment Rules

Separate Rules for Recruitment need to be set up. These Rules should be transparent and linked to the existing process. A database of applicants needs to be created from the very beginning and an independent Recruitment Committee should see that all candidates have been given a fair chance during the process of short-listing. Clear and objective criteria for short-listing, evaluation of short-lists, interviewing and so forth need to be specified and made available to the Interview Committee. Personnel department should only act as administration office and as a facilitating office. This is different from its present role where it takes on itself a decision-making role also.

HRD Activities

The HR Policy may broadly touch upon HRD activities including Training and Capacity building. In this document Training and capacity building are dealt with in the Section on Training interventions. So far as other HRD activities are concerned, it is necessary to specify broad policies regarding job enrichment, Counseling, training and other capacity building activities. HRD also includes Induction and Orientation of employees when they first join the Ministry. Any incentive to be provided to staff who undergo training, should also be specified. The policy will provide clear directions on preparation of training plans, overall considerations while planning training and capacity building in general, principles on the basis of which costs are to be determined, the taking and use of feedback, post-training follow-up with trainees, and so forth.

Concluding Comments

It has been stated that while there is a need to revisit the salaries and salary structure, it is currently more important to create trust and confidence in the impartiality and transparency of the overall system through systemic interventions and the development of a Rule based bureaucracy. This is also aligned with the fact that the government is going through a cash

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crunch and therefore wholesale salary revisions are not possible. However, it is possible to have an application of the Priority Mission Group alternative, which has already been implemented in some units of the MPWT, and is currently in operation only in the Finance Department. Government may consider the development of the Personnel and HR department as a PMG, with the proviso that a thorough assessment of capacity of that department is done first, and fresh blood injected as necessary. It has also been stated that there is a lack of leadership in the Personnel Department. This needs to be addressed and rectified.

The above is not to say that the salary structures should not be reviewed. Certainly the salary structures need to be reviewed from time to time. Government may consider-pending a more wide-ranging review of salary structures, the introduction of field allowances and hardship postings allowances for some of the personnel who are posted in remote areas. Consultants believe that higher salary payments is a genuine cause. However, this cannot be justified without the “output delivery”. Performance should be the key basis for the salary hike. This type of “carrot and stick” policy is an important aspect that deserves the attention of the policy makers.

It is important to recognize that the HoD is the vital link in the employees’ productivity. The Consultants feel that the HoD has to be consulted a) for monthly salary release, b) preparation of the report on the staff need assessment, c) periodical evaluations for salary hike, job confirmation, promotion, deputation for the foreign training opportunities. It is therefore necessary to establish proper linkages among the players-employee, HoD, and P&HR. Such a policy would ensure efficient management of the HR. Discussions with various HoDs and His Excellencies indicate that a viable and efficient HR policy is eminently desirable for the Ministry; and, such a system should have the following vital features.

It is also suggested that an exercise be undertaken to improve the work environment. In most offices papers and files are piled up on the floor or put haphazardly on the racks. The introduction of office machines, and better furniture and a proper work environment will also help in building up a proper work culture. In this context it is also necessary to point out that a comprehensive study of the state of Human Assets of the Ministry needs to be undertaken.

On the recruitment front, government may consider the introduction of both provincial level recruitments for provincial positions and national level recruitments for positions at the center. This method is useful when persons are not easily available for working in far-flung areas or disaster or insurgency affected areas.

The HR policy requires broad consensus on the work ethics and performance by the employees. The Consultants are aware that it is a hard task for the Ministry to find the kind of money required to make higher salary payments to the employees; and, it may be equally hard to the employees to conduct themselves in a more disciplined manner. Although these are matters of time; however, sustained efforts are to be made to ensure a system that leads to building a capable team of employees for the good of the Ministry and eventually for the nation. In a broad sense, what is urgently needed is to ensure the institutional changes are implemented under a mutually agreed “give and take” atmosphere on both sides-employer and the employee.

:

Exhibit 1: Staff Salary Format: The Existing Format

Sl#

Name of the Staff member

Sex Date of Birth

Designation

Grade Basic salary

Bonus Net Salary

Children Grant

Wife Grant

Grand Total

1 2 3 4 5 6 7 8 9 10 11 12

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Exhibit 1: Staff Salary Format: Suggestions

Directorate: Department: Office:

Emp.

Code

Name Desgn Days Worked

Days of Paid Leave

Basic Salary

Bonus Increment Allowances Gross Pay

Deductions Nett Pay

Family Children Tax Recoveries

Exhibit 3: Staff—Performance Evaluation Format

Staff Performance Appraisal

SECTION ONE –

Name of Appraisee

Name SupervisorName

Designation: Supervisor’s Position:

ID Number: Appraisal Period:

Duty Station Date of Appraisal:

Employment t t d

SECTION TWO –

RATING SCALE:

4–Very good: Performance has exceeded required standards and most expectations.

3-Good: Performance has exceeded some required standards or has met acceptable standards required by Job Descriptions and work plan.

2-Satisfactory: Performance meets acceptable standards required by the job description and work plan.

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1-Needs Improvement: Performance is below the requirement. Possibility of Improvement.

To be rated and comments to be filled in by the appraiser (supervisor) To be completed by appraisee

Rating Scales

Supervisor’s comments 4 3 2 1

A: List of main responsibilities(Job Description) preformed by him/her during the period under review including trainings provided by Technical Assistant to Civil Servants

1

Overall Rating

Average

Supervisor’s comments 4 3 2 1 B: For All Staff: (To be filled by appraiser)

• Technical Skills

• Knowledge of required procedures

• Quality of Work

• Team Work (Member/Leader)

• Reliable

• Reporting Skills

• Initiative

Overall Rating

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Average

Supervisor’s comments 4 3 2 1 C: Additional Criteria for Supervisor/Manager:

• Communication Skills

• Managerial Skills

• Leadership Skills

Overall Rating

Average

D: List any training undertaken during the period: dates, duration and type (To be filled by appraisee)

Duration Date Training Subject

1.

2.

3.

4.

Supervisor’s comments E: List maximum three, job related trainings as you need them for the coming year. (Not Applicable for TA), (To be filled by appraisee)

1.

2.

3.

4.

F: Comments of staff member providing Substantive Guidance/Support.

Date:

_________

Signature:______________ Title: _______________ Name:

__________________

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G: Supervisor’s overall comments & suggestions for problem solution and work improvement. (To be filled in by appraiser)

Date: ____________ Signature:______________ Title: _______________ Name: __________________

H: Comments by Supervisor of the appraiser

Date: _________ Signature:______________ Title: _______________ Name: __________________

I: Appraisee’s comments

Date: _________ Signature:______________ Title: _______________ Name: __________________

Date: ................................................................................................................... Signature of appraiser:

Date: ................................................................................................................... Signature of the appraisee:

Date: ................................................................................................................... Signature of the supervisor of

appraiser:

J: Action by HR

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Date: ____________ Signature:______________ Title: _______________Name: ___________________

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Annex 6

Review of Functioning of the HR Department of MRD and Suggested HR Policy and Framework

Review of the HR Function in MRD

Overview

This sub-section discusses the functioning of the present Personnel and HR Department of the MRD. The functions are reviewed in terms of the standard categorization of functions of a personnel and HR department, whether in Government or not. Comments on deficiencies are offered as they have been observed. The next sub-section on a policy for HR, provides guidelines on what can be done to ameliorate the situation.

The Law of “Staff Rules of the Royal Cambodia” is applicable to all the Ministries in the country. The staff rules, as promulgated, indicates the whole gamut of rules related to recruitment, service conditions, promotion, social security, disciplinary aspects of the employees.

Personnel functions, in general, are categorized as (i) Recruitment, (ii) Compensations, (iii) Posting, transfers, and promotions, (iv) Benefits and Privileges, (v) Dispute resolution and grievance handling, (vi) Manpower Planning, (viii) Job evaluations, (ix) Performance Appraisal, (x) Severance, (xi) Training, and (xii) Disciplinary mechanisms. Observations are presented below on each of these functions, and comments are offered on the observations.

General Background of the Department of Personnel and HR in MPWT

The Prakasa, as brought out by the MRD on 1st December 1997 is the defining document for the functions of the Department of Administration and Personnel (DAP)t. The Department is to being headed by a Director who is assisted by one Deputy Director. While the Human resource Policy is made by the Ministry, the functions of the department as stated in the referred government document are briefly as follow:

• Making manpower planning, staff recruitment, preparing the working rules and regulations, recommending for promotions, transfers, including implementing the disciplinary rules

• Normal Administrative functions • Preparation of Identity Cards for all Employees • Creation of Staff database • Facilitating better working conditions • Fixing the salary structures, benefits, retirement conditions, preparing the

statements of accounts on the salaries / retirement benefits

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• Preparing the activity charts- monthly, semi-annually and annually to the

Ministry • Working with the Donors/ NGOs

The functions related to the training are being looked after by the Director Training and Research. It is also important to note that the DAP has not been provided with a single overarching mission, nor a set of objectives with respect to which the department itself can be evaluated.

In any case, it is also possible to discuss the actual functions of the DAP with respect to what has been stated in the Prakasa, since that document largely covers the area of personnel and HR. An attempt is made below to describe the situation in the MRD in terms of the processes existing and required, the extent the Personnel &Human Resources is able to handle the basic requirements of the Department.

Recruitment and Manpower Planning

The DAP makes the need assessment in consultation with the Department heads for the personnel on a regular basis (annual) and requests the MRD to arrange to recruit the personnel. The Ministry, after review, recommends the same to the Council of Ministers once a year. After finalizing the number of senior positions, the Council of Ministers informs the Ministry. After that, the Ministry issues the advertisement with the help of the DAP. The administrative work related to the recruitment is done by the DAP. For middle and junior level positions, after the Council of Ministers approve of the need to recruit, then the onus rests with the Ministry for recruiting the middle level and junior level people. In this connection, the DAP plays a major role, manipulates and gets the candidates recruited.

Generally, it appears that the Heads of Departments are consulted in the process of assessing manpower needs or in the process of recruitment, especially for senior positions. However, more linkages among the Directors needs to be established in order to ensure that their needs are addressed as best as possible.

Apart from the general process identified, there are some guidelines on recruitment or manpower planning containing job descriptions in brief. No surveys have been carried out on job evaluations, job descriptions, etc. Only general functions are available up to the level. They are practically not available for support staff. The DAP is is reported to be making the manpower planning for the on annual (or as and when required) basis and submit it to the Ministry for its approval.

In reality, the DAP makes manpower planning. However, due to the procedural delays some of the appointments are reported to have been delayed.

Compensation, Privileges and Benefits

Compensation includes salary/wage fixation, increments, personal loans and advances, deputation allowances and special allowances, gratuities and other tax deductions. Under the present system, the salary paid every month has two components such as: a) Basic salary; and, b) allowances (such as the child and wife allowance paid at the rate of 0.50 USD per month in each case). The child is eligible for the allowance until it reaches 18 years. The basic pay is decided at the entry level of the incumbent. The statement for this is made by the Accounts department on the recommendations of the DAP. Those drawing the salary above USD 100 USD per month are being paid by cheque and the rest are paid by cash.

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Increments: There is no regular increment system in the Ministry. This is variable from 5 to 25% based on the discretion of the Minister. It is reported that the Ministry of Economy and Finance (MEF) also plays a role in deciding the level of increments to be given to the employees. First of all, a range of increment is decided by the MEF and communicated to the concerned Ministry; and the Ministry uses its discretion in deciding the actual rate applicable to an employee under the recommendations of the DAP. The rationale for the basis of the increments appears to be ad hoc and discretions play a major role. This is reported to be on ad hoc basis and not in creating sound relations with the employees and also does not help the employee plan his future financial planning. Increments have to be on defined basis and should have: a) a basic minimum across the board for every employee (say a 10%), followed by a discretionary rate which should be based on the performance evaluation carried out by the Head of the Department (HoD).

Privileges and Benefits: In this area also there do not seem to be any rules whatsoever. The employees of the MRD get 15 days of annual leave and do not have Earned or Privilege Leave, or Medical Leave. It is up to the discretion of the superior officers to grant leave against specific requests, or not. There is no system of Medical assistance, and no money is paid for Leave travel.

No superannuation benefits are paid. No employee is provided with an incentive under the routine working conditions in any department.

Attendance

In the case of the Routine Department work: It is mandatory that each Department has to maintain the attendance register and the HoD is expected to sign in the register every day approving the attendance of the employees. It is also mandatory that an employee works for 8 hours a day. It is reported that normally the attendance in the departments is full; and, no employee remains absent during the 8 hour working period. On enquiry, the Consultants were informed that the employees’ attendance is regular as it is well monitored by the HoDs.

Guidelines for office attendance exist and the attendance registers are audited by the HoD on regular basis.

Promotions, postings and transfers

The minimum period to consider an employee for promotion is 2 years. Every year the staff is expected to fill up the application form about their performance and submit it to the Director of the Department. This is referred to the Promotion Committee headed by the Secretary of the Ministry who is assisted by the concerned Director (s). This is followed by the Minister’s approval. Promotions above certain thresholds need to be approved by the Council of Ministers based on the recommendations of the Ministry, which in turn are basically the recommendations of the P&HR, concurred by the Minister.

For postings and transfers also the same ad hocism applies. It can therefore be seen why reliance on informal relationships is a basic organizational assumption in the Ministry.

Manpower Planning and Succession Planning

There is a formal system of Manpower Planning or succession planning and capacity to do such planning exists in the Ministry.

Personnel Records

Discussions with the DAP have revealed that there is a system of maintaining the Service Registers [personal files] in the Ministry.

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The 22 columned monthly statement provides a glimpses of the salary structure of the employees for disbursing the salary. Some of these columns are shown in Annexure 1. This statement is too unwieldy, unclear and needs pruning. The Consultants have suggested a simpler format shown in Annexure 2.

Grievance Redressal

There is no separate cell for grievance redressal in the Ministry. As part of his overall responsibilities, the Director of the Administration and Personnel is authorized to handle the matters related to the working conditions, conflicts on service conditions. However, it was reported that there are no cases of grievances reported by any employees in the MRD. This appears to be too simplistic..

Disciplinary MechanismThere is a formal Disciplinary mechanism in the Ministry. The existing rules are applied to take on grounds of gross indiscipline. In such cases of indicipline, 3 months’ notice is given (during this period he/she is given an opportunity to represet onself) to explain the position. If that employee fails to represent his/her case within this period, dismissal is ordered. However, it may be noted that the DAP sends 3 letters, each in an interval of one month).

Social Security

The MRD employees are entitled for long term benefits. In the case of those who put in 30 years of service are entitled for 80% of the last pay drawn as the pension; and, in those cases where an employees has left the service with less than 30 years of service in the department is enttled for only 8 months of salary as the terminal benefit. While the existence of having the system of terminal benefit is sound, mere 8 months pay as the compensation for those with less than 30 years of service appears to be unfair. This rule needs to be reviewed and a better deal may be given to those with long experience in the department may be considered for a better compensation package by the Ministry.

Performance Appraisal

The DAP is expected to carry out a performance appraisal annually. This is done annually based on the facts furnished by the employee on the “Performance Appraisal” sheet filled-in by the employee and appears to have been institutionalized in the MRD. A suggested Performance Appraisal format is enclosed at Annex 3.

HRD functions

Counseling: There is a mechanism for counseling by the DAP; however, it is in the form of an informal arrangement. As the new recruits join under the older ones, automatically a sort of on-the- job-training takes place.

Job Enrichment: There is separate provision for the job enrichment. Fund shortage is reported to be the bottleneck for the introduction of such a scheme.

Training & Capacity Building: The DAP, through the Directorate of Training & Research (DTR) is deputing the personnel for training within and outside the country. In the normal government budget funded projects, there appears to b e a great discretion for the DAP / DTR in deputing the candidates for training either within the country or abroad. However, in the case of the externally funded projects, the Project Director also plays a role in the selection of the candidates. Discussions have revealed that there are no defined guidelines / criteria for selecting the candidates for the training programs.

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HR database: There is database actually existing with the DAP; but, this needs to be better documented and computerized..

Comments

It is seen from the foregoing description that the DAP in reality, the Personnel and HR Department is performing its tasks in a formalized, institutionalized and objective way. However, some modifications need to be incorporated in the case of standardizing the information, computerizing it for transmission among the departments.

HRD Policy Framework

Overview

In this sub-section, a basic policy framework for Human Resources is suggested. It might be argued that since this is a government Ministry, in the formulation of such policies there are wider conditions that have to be kept in mind, since there are issues of both vertical and horizontal equity involved here. However, it is important to see to it that the guidelines are adequately followed followed and adopted by the Directorates. Probably, the service rules and other related matters may need to be informed to the staff so that they well understand the purpose and scope of their services and render their services in tune with the service rules laid out by the Prakasa.

Discussions on the Need for a Policy Framework

The MRD is one of the larger Ministries of the Royal Government of Cambodia. There are about 2100 employees in the Ministry, of who 1500 are posted in the 24 provinces of the country and approximately 600 are at the center. The distribution of the staff in terms of senior, middle and lower level employees is as follows:

Level Number

Senior level – Directors and above 53

Middle level – Deputy Directors 83

Lower level – Below Dy. Chief of Office 1964

The Royal Government of Cambodia [RGC] does not have a single set of Rules of Service for employees of the Government. Some decrees are published from time to time covering a Ministry and stating its overall functions as added or amended. Unlike many other Governments, in Cambodia the Minister is both the policy head as well as the executive head. As a result, what happens within a Ministry is very much dependent upon what the Minister seeks to do. There are some overall approvals required from other Ministries or other bodies [such as the Council of Ministers] for functions related to HR management, such as for creation of positions and recruitment for certain positions, but in effect personnel

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administration within a Ministry is very much within the Minister’s purview and as per the procedures desired by the Minister. The consequence is that there are changes in procedures with changes in the head of the Ministry.

In view of the above, and in view of the fact that even after thirty years after a democratic government came to power in Cambodia, institutionalized and transparent systems of Human Resource management have not been built, and that there is a considerable lack of enthusiasm for qualified persons to opt for government jobs, it has been felt necessary to suggest, as also per the Terms of Reference of the Consultants, a HRD framework and an outline [at least] of a HR Policy.

Further reasons can be adduced for considering the development of an HR policy as important and somewhat urgent. The first of this is that the RGC is currently not in a position to attract talent for undertaking the management of the many developmental programs that the RGC, and the donors, have invested in. The current capacity of the various departments of the MRD is weak, and this Ministry –at least- does not have the capability to build up its in-house capacity. This has resulted in the Ministry creating ad hoc committees for handling emergent problems [resulting in solutions that in themselves are not sustainable, and decisions that are not properly sequenced and which therefore create discontinuities in project execution]. The donors, in turn, having realized this lack of capacity, have insisted on the creation of Project Management Units, or Project Implementation Units – staffed by qualified local persons who are employed at more or less market rates on contract basis. The PMU and the PIU do not help to build up the capacity of the Ministry in any way because PMU and PIU staff are more concerned with matters concerning the projects for which they are primarily employed.

Other reasons contributing to the need for the development of a proper HR framework relate to (a) need to bring a proper work-culture and work-ethics in government working, (b) extremely low productivity of Ministry personnel, (c) high absenteeism among Ministry personnel, (d) lack of motivation, and (d) stagnation.

It is true that one of the major reasons for the unattractiveness of government jobs is the salary. However, it should be noted here that such is the situation in most countries. Normally, the lower levels of salary are compensated at least to some extent, by (a) stable working conditions, (b) job security, (c) predictability of modes of vertical mobility, (d) clear and unambiguous rules for privileges such as leave and benefits, and (f) impartial and transparent evaluation and reward and punishment systems. It is a fundamental tenet of Human Resource management that salary increases do not account for low productivity and ineffective employee performance or even ineffective management and service delivery. The ‘hygiene’ conditions need to be put in place, since without them no other incentive or motivational scheme will not work.

All the deficiencies that have been pointed out above clearly the need for a proper, impartial, transparent and structured HR framework and policy. This document therefore states the basic premises of a HR framework, and then proceeds to develop the outlines of a HR policy.

The Policy Framework

The major parts of a HR policy framework are as follow:

• Recruitment • Transfers and Promotions • Compensation • Benefits and privileges • Grievance Redressal • Discipline

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• Severance • Manpower Planning • Training and Capacity Building

It is now pertinent to see the current situation in MRD with regard to the parameters governing an HR policy framework as described above. As can be seen from the foregoing discussion, almost all the linkages are missing, and therefore the first task would be to restore the linkages. This is to be done in terms of a Guidance that needs to be officially promulgated by the Ministry internally, and widely publicized internally. The first attribute of a proper HR system is that it should be transparent. The current system in the MRD is conspicuously lacking in this regard. In fact, it is suggested that every rule, as it is adopted by the Ministry, is reported to be publicized so that the sense of security and belongingness of the employees increases. However, in reality, it is important to make the employees fully understand the rules, fundamental tenet of a proper human resource management system, rights, privileges, obligations and duties, be complied with. As has been mentioned earlier, and in the inception report also, culturally there is a lack of trust in organizational authority, because of the history of the country. That lack of trust gets perpetuated through systems that lack transparency, and it should be the first order of the day to reverse that trend.

Recommendations

Service rules: The first step is to make the employees to understand the service rules. As has been said, salary is not the only thing that makes people opt for a particular job or service. This is common knowledge. It has been stated that part of the attractiveness of a government job are

(a) stable working conditions,

(b) job security,

(c) predictability of modes of vertical mobility,

(d) clear and unambiguous rules for privileges such as leave and benefits, and

(e) impartial and transparent evaluation and reward and punishment systems.

The above are what have to be stated in the Service rules. It is also seen that other than the matter of privileges and benefits, there is no other parameter that has a financial implication. Thus even with the constraints of the Cambodian Budget, there is no reason why specific conditions and rules cannot be laid down for the same. Elaborating on these ideas, in terms of specific sub-components, what need to be specified are the following:

Stable Working Conditions – these should state (a) job descriptions for each position, (b) rules for transfer to (i) rural postings, (ii) postings in other departments and sections, (iii) posting to other Ministries and organizations with the privileges and benefits that go with them. They should also state the rules for (a) grievance redressal including a clear procedure to be followed in case an employee has a grievance, (b) salary scales and annual rates of increment that would accrue automatically without recourse to any discretion on anyone’s part if basic conditions [such as positive or satisfactory report from a superior or regularity, or no allegations of fraud or corruption] are met. A review of salaries is necessary and instead of single point salaries, scales should be introduced, so that employees have a feeling of growth in any case. The obligations of each employee should be stated in terms of principles to be followed.

Job Security – job security comes from the fact that an employee is assured of continuance if he continues to meet the minimum conditions for performance of his duties and obligations.

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So long as his duties and obligations are specified, and he continues to meet them to a reasonable degree of satisfaction, the employee should have a guarantee of continued employment in terms of the Service Rules. This means that the Service Rules should only state the grounds of severance. By default, if any of those grounds do not apply, then the employee would continue in service.

Predictability of Modes of Vertical Mobility – for any employee, assurance that there are avenues for growth, is important. Thus the Service Rules should state the conditions under which an employee can be promoted. This could be done in two ways – seniority or seniority-cum-merit based promotions, or merit-based promotions. Ideally though, both options should be kept in mind. A simple seniority based scheme also tends to promote deadwood to higher positions with resultant loss of effectiveness in service delivery. A combination of seniority-cum-merit based promotions for the larger percentage of employees and a fast-track for merit-based promotions may be used. Merit-based promotions could be a combination of departmental examinations and interviews or just departmental examinations for initial stages and just interviews for higher levels. Whatever the mode that is adopted, it would be important to (a) first state the process, (b) make the process transparent – including informing the candidate of his scores and performance, and (c) provide multiple opportunities. During evaluation, the employee must be given the opportunity to look at the reports given by his superiors over the years and covering all his service tenure. Currently all this is missing in the MPWT. Promotion Rules need to be unambiguous in terms of a number of criteria. These are given below, as an example of how rules are normally laid out:

• Appointments [promotions] to higher scales on the basis of seniority and years of service – conditions to be met

• Appointments [promotions] to middle and junior scales on the basis of seniority and years of services – conditions to be met

• Appointments [promotions] to higher scales on the basis of merit [through selection]

• Appointments to the highest scales and highest positions in the Ministry

• The process of selection and appointment – need for Screening Committees. It should be ensured while making promotions that suitability of candidates for promotion is considered in an objective and impartial manner. For this purpose, Screening Committees should be formed for different grades whenever an occasion arises for making promotions/ confirmations etc. The constitution of the committees should be specified for different levels, in the Rules. The Committees so constituted should judge the suitability of officers for:- (a) Promotions in various grades, including ad-hoc promotions in cases where disciplinary proceedings/ criminal prosecutions are prolonged; (b)Confirmation; and (c)Assessment of the work and conduct of probationers for the purpose of determining the suitability for retention in service or their discharge from service or extending their probation. Meetings of the Committees should be convened at regular intervals to draw panels for filling up vacancies arising during the course of a year. For this purpose, it is essential for the

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concerned State Government to initiate action to fill up the existing as well as anticipated vacancies well in advance of the expiry of the previous panel by collecting relevant documents like Annual Confidential Reports, integrity certificates, seniority list etc. for placing before the Committees.

• Determination of Vacancies- It is essential that panels should be prepared for filling up vacancies due to death, retirement, resignation, promotions, etc. It is also essential to estimate the number of vacancies as accurately as possible. A special exercise needs to be done for this purpose, and specific procedures to be followed should be laid out.

• Papers to be put up for consideration of the Screening Committees should be specified. As stated, these should include the Annual Confidential Reports, Integrity Certificates, complete Service Records, and others as may be specified.

• Procedures to be followed by the Committees should be specified in unambiguous manner. While normally committees have some flexibilities to evolve their own methods and procedures for objective evaluation, Rules should lay out the principles for the same, and provide specific Guidance.

• Principles for dealing with Adverse Remarks on Annual Confidential Reports should also be laid down.Where adverse remarks in the Confidential Report of the officer concerned have not been communicated to him, this fact should be taken note of by the Committee while assessing the suitability of the officer for promotion/confirmation. In a case where a decision on the representation of an officer against adverse remarks has not been taken or the time allowed for submission of representation is not over, the Committee may defer the consideration of the case until a decision on the representation is arrived at. An officer whose increments have been withheld or who has been reduced to a lower stage in the time-scale, cannot be considered on that account to be ineligible for promotion as the specific penalty of withholding promotion has not been imposed on him. The suitability of the officer for promotion should be assessed by the Committee as and when occasions arise. They will take into account the circumstances leading to the imposition of the penalty and decide whether in the light of overall service records of the officer and the fact of the imposition of the penalty, he should be considered for promotion or not. Even where the Committee considers that despite the penalty the officer is suitable for promotion, the officer may be promoted only after the currency of the penalty.

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• Clearance from anti-corruption angle should be specifically

mentioned and the rules for taking reports into account prepared.

• Specific Rules would need to be laid down in cases where the officers concerned are on deputation to some other Ministry or organization, or where there had earlier been criminal or disciplinary proceedings against the officer-since concluded, or where such proceedings are unduly prolonged and therefore ad hoc promotions may be considered.

• Appeals can be made by the officers against the decision of the Screening Committee and this would then require the constitution of Review Committees who would review the Screening Committee’s decision. Normally, a Review Committee is constituted only when it is amply clear that the Screening Committee had not taken all material facts into consideration. Special review may also of course be done in cases where adverse remarks made in an officer’s dossier are expunged or modified.

• In case an officer due to be promoted, is not so promoted, then the reasons thereof should be duly recorded. The procedure of recording should also be specified.

Unambiguous Rules for Privileges and Benefits – There are leave rules for staff in the MRD. It is reported that they have 15 days of annual leave and no provision for Privilege Leave entitlements and encashment of privilege leave, Medical Leave, Maternity Leave, etc. These need to be formulated. Correspondingly, some basic benefits need to be specified. These could include medical benefits with appropriate thresholds, some level of superannuation benefits, and so forth. Rules for taking salary advances, other personal advances, and loans for purchase of personal vehicles, etc., also need to be specified. Obviously, there will be different thresholds for different levels of management.

Impartial and Transparent Evaluation and Reward and Punishment System – Rules need to be specified in terms of the Performance Evaluation system. The system should be such that the person being evaluated should also rate himself and compare his own rating with the rating given by his superior. The final rating should also be intimated to him, including a feedback as to how the rating will affect his incentives, promotions, etc. Formats for this purpose need to be developed, and these formats also need to be informed to all employees. Reward and punishment systems include reward for exceptional work including one time gratuities or bonuses, or continuing incentives, and punishment for poor performance or non-compliance of service rules, or for behavior that is considered unacceptable [including corruption-both moral and financial, harassment of women at work, and others]. The maximum and minimum extent of punishment also needs to be specified. Where Annual Confidential Reports are to be prepared, then the procedure thereof should be stated, keeping in mind the fact that superior officers may have biases that are unrelated to the actual performance of the incumbent. And in any case, the personnel department should act as consultant and facilitator, and should not take upon itself any decision-making. If there are adverse remarks in a person’s appraisal report, then the matter is to be taken to one higher level.

Manpower Planning

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It has been mentioned that there is no formal Manpower Planning for the Ministry. Manpower Planning is a detailed exercise that begins with job analysis, job evaluations and work-load determination in every department. Additions at various levels, rates of attrition [including promotions] at various levels are to be considered, and factors such as absenteeism are also to be considered. Manpower Planning will require the devising of a whole system, and the specific tool-based training of HR staff. Guidance notes in this regard are recommended to be prepared.

Disciplinary Mechanisms

Setting up a disciplinary mechanism is a task by itself since every step that is to be taken, will have legal implications. However a general set of subjects for disciplinary proceedings, following the Practice in other Governments, could be set as follows:

• Preparation of Disciplinary Case • Preliminary processing including the determination of the existence of

prima facie evidence supporting the case • Appointment of Reporting Officer and Inquiry Officer • Statement of format of Report of Reporting Officer and Inquiry Officer • Constitution of Disciplinary Panel • Proceedings before Disciplinary Panel • Considerations of Disciplinary Panel • Principles governing Disciplinary Panel decisions • Appeals – appellate body, format of appeal, and proceedings • Use of disciplinary decisions in service records

Service Records

Currently no proper Service records (SRs) or Service Book (SB) are maintained for all the staff across the country. It is reported that the office manager and above have a service register wherein the concerned superiors do make judgements on the performance. The Consultants feel that two things are essential: a) maintain SRs for asll the employees, b) the SRs are properly updated. It is essential to understand that the SR is a mother document and is sacrosanct, throughout the employment of a person with the Government. The maintenance of Service Records should be made mandatory and audit should be done on regular basis to see that the records are being maintained properly. The conduct of such audits is the responsibility of the Personnel department. A SR is one that contains every event occurring in the official life of a government servant. A SR or SB must be opened for all government servants from the date of entry into service and is to be maintained till he ceases to be in service. It would normally be preserved for at least twenty years after the person ceases to be in service. The SB also contains certain entries about events prior to entry into service. Entries made for this phase [at induction into service] should be made after consulting and verifying the original certificates. Once the SB is opened and the initial entries are recorded, other entries are entered as and when the events take place. Entries made during a person’s service career refer to confirmation, suspension, promotion, special incentives, reduction in rank, withholding of increment, recovery of loss, service break, special awards during service, degrees and other professional qualifications earned while in service, etc. All entries made in the SB should be duly attested. An SB is to be kept under safe custody.

An SB will normally be in two volumes, as follows:

• Volume I will normally contain

o Bio-data and photograph o Certificates and attestation

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o Previous qualifying service o History and verification of service.

• Volume II normally contains o All service documents that are to be certified under the

second part of volume I.

Events that normally require entries in the SB include

• Entries at the time of initial appointment • Occurrence of events involving a change in the post, station,

office, scale of pay, nature of appointment, promotion, reversion, deputation, increment, leave and leave suspension, and in general any form of interruption in service

• Training undergone and visits abroad • Stoppage of increment • Grant of personal pay • Grant of special leave • Grant of encashment of leave • Provident fund and other social security details • Details of deputation, etc.

Documents that are required to be placed in volume Two of the SB include the following: • Relaxation of age, educational qualification • Report regarding verification of character and antecedents

(original). • Medical certificate of fitness (original). • Declaration of marital status (original). • Acceptance of Home Town declaration (signed/attested copy). • Oath/affirmation of allegiance, where applicable • Details of Family (Signed/attested copy). • Attested copies of certificates of age and education

qualification. • Condonation of break in service. • Collateral evidence in respect of first service.

The SB should be taken up for verification at a fixed time each year, and an entry of Annual Verification should be made in the SB. At least once every year, the person in whose respect the SB is maintained, should be shown the record and his signature should be obtained in token of his having inspected the document and being satisfied with it.

Employee Identity and Verification

The DAP is supposed to issue Identity Cards. It is reported that while the ID Cards are available for the senior staff, efforts are being made to get these issued for the lower level staff. However, there is no employee verification taking place on regular basis, and Unique Employee Codes have not been allotted. Nor are there security holograms on the cards. Thus it is easily possible to forge those cards. A system of security stamped Identity cards needs to be devised and implemented. Further, a system of annually verifying the existence of the employee at his job. The procedure of issuance and verification must involve the incumbent, his supervisor, the superior of the supervisor and the Personnel department.

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Attendance

It has been reported in this document that although attendance is not a problem in the Ministry, there exists some rate of absenteeism. Consequently it is necessary to set up Rules for Attendance and a punishment system tied to the annual performance evaluation process. These rules should be part of the Service rules. Usually, the Attendance Rules have the following components:

• Office hours – summer and winter • Recess hours • On duty hours for senior officers [usually 24 for senior civil serants] • Number of days a person can be Absent Without Leave • Number of days a person can take Leave Without Pay • Late coming and early going – amount of time allowed • Consequences of late coming or early going for more than three days in a

week • Verification of presence in office during working hours – irregular and

random, who is authorized, consequences of not finding person in the office on a regular or consistent basis

• Verification of daily office attendance – signing on, verification by supervisor, countersignatures of departmental head, etc.

• Submission of attendance register to personnel department for salary computation, etc.

• Redress available to employee whose attendance is calculated wrongly.

Recruitment Rules

Separate Rules for Recruitment need to be set up. These Rules should be transparent and linked to the existing process. A database of applicants needs to be created from the very beginning and an independent Recruitment Committee should see that all candidates have been given a fair chance during the process of short-listing. Clear and objective criteria for short-listing, evaluation of short-lists, interviewing and so forth need to be specified and made available to the Interview Committee. Personnel department should only act as administration office and as a facilitating office. This is different from its present role where it takes on itself a decision-making role also.

HRD Activities

The HR Policy may broadly touch upon DAP activities including Training and Capacity building. In this document Training and capacity building are dealt with in the Section on Training interventions. So far as other DAP activities are concerned, it is necessary to specify broad policies regarding job enrichment, Counseling, training and other capacity building activities. DAP also includes Induction and Orientation of employees when they first join the Ministry. Any incentive to be provided to staff who undergo training, should also be specified. The policy will provide clear directions on preparation of training plans, overall considerations while planning training and capacity building in general, principles on the basis of which costs are to be determined, the taking and use of feedback, post-training follow-up with trainees, and so forth.

Concluding Comments

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It has been stated that while there is a need to revisit the salaries and salary structure, it is currently more important to create trust and confidence in the impartiality and transparency of the overall system through systemic interventions and the development of a Rule based bureaucracy. This is also aligned with the fact that the government is going through a cash crunch and therefore wholesale salary revisions are not possible.

The above is not to say that the salary structures should not be reviewed. Certainly the salary structures need to be reviewed from time to time. Government may consider-pending a more wide-ranging review of salary structures, the introduction of field allowances and hardship postings allowances for some of the personnel who are posted in remote areas. Consultants believe that higher salary payments is a genuine cause. However, this cannot be justified without the “output delivery”. Performance should be the key basis for the salary hike. This type of “carrot and stick” policy is an important aspect that deserves the attention of the policy makers.

It is important to recognize that the HoD is the vital link in the employees’ productivity. The Consultants feel that the HoD has to be consulted a) for monthly salary release, b) preparation of the report on the staff need assessment, c) periodical evaluations for salary hike, job confirmation, promotion, deputation for the foreign training opportunities. It is therefore necessary to establish proper linkages among the players-employee, HoD, and DAP. Such a policy would ensure efficient management of the HR. Discussions with various HoDs and His Excellencies indicate that a viable and efficient HR policy is eminently desirable for the Ministry; and, such a system should have the following vital features.

It is also suggested that an exercise be undertaken to improve the work environment. In most offices papers and files are piled up on the floor or put haphazardly on the racks. The introduction of office machines, and better furniture and a proper work environment will also help in building up a proper work culture. In this context it is also necessary to point out that a comprehensive study of the state of Human Assets of the Ministry needs to be undertaken.

On the recruitment front, government may consider the introduction of both provincial level recruitments for provincial positions and national level recruitments for positions at the center. This method is useful when persons are not easily available for working in far-flung areas or disaster or insurgency affected areas.

The HR policy requires broad consensus on the work ethics and performance by the employees. The Consultants are aware that it is a hard task for the Ministry to find the kind of money required to make higher salary payments to the employees; and, it may be equally hard to the employees to conduct themselves in a more disciplined manner. Although these are matters of time; however, sustained efforts are to be made to ensure a system that leads to building a capable team of employees for the good of the Ministry and eventually for the nation. In a broad sense, what is urgently needed is to ensure the institutional changes are implemented under a mutually agreed “give and take” atmosphere on both sides-employer and the employee.

Annexure 1: Staff Salary (Monthly): The Existing Format

Family Allowance

Sl#

Name of the Staff member

Sex Date of Birth

Designation

Salary Grade

Amount Additional Salary

Locational Allowance / Bonus

Children Grant

Wife

Living Allowance

Recovery

Net Salary

Signature

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

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Annexure 2: Staff Salary (Monthly): The Suggested Format by the Consultants

Directorate: Department: Office:

Emp.

Code

Name Desgn Days Worked

Days of Paid Leave

Basic Salary

Bonus Increment Allowances Gross Pay

Deductions Nett Pay

Family Children Tax Recoveries

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Annexure 3: Staff—Performance Evaluation Format

Staff Performance Appraisal

SECTION ONE –

To be completed by appraisee:

Name Supervisor’s Name

Designation: Supervisor’s

Position:

ID Number: Appraisal Period:

Duty Station Date of Appraisal:

Employment started

SECTION TWO –

RATING SCALE:

4–Very good: Performance has exceeded required standards and

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most expectations.

3-Good: Performance has exceeded some required standards or has met acceptable standards required by Job Descriptions and work plan.

2-Satisfactory: Performance meets acceptable standards required by the job description and work plan.

1-Needs Improvement: Performance is below the requirement. Possibility of Improvement.

To be rated and comments to be filled in by the appraiser (supervisor) To be completed by appraisee

Rating Scales Supervisor’s comments

4 3 2 1

A: List of main responsibilities(Job Description) preformed by him/her during the period under review including trainings provided by Technical Assistant to Civil Servants

1

Overall Rating

Average

Supervisor’s comments 4 3 2 1 B: For All Staff: (To be filled by appraiser)

• Technical Skills

• Knowledge of required procedures

• Quality of Work

• Team Work (Member/Leader)

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• Reliable

• Reporting Skills

• Initiative

Overall Rating

Average

Supervisor’s comments 4 3 2 1 C: Additional Criteria for Supervisor/Manager:

• Communication Skills

• Managerial Skills

• Leadership Skills

Overall Rating

Average

D: List any training undertaken during the period: dates, duration and type (To be filled by appraisee)

Duration Date Training Subject

1.

2.

3.

4.

Supervisor’s comments E: List maximum three, job related trainings as you need them for the coming year. (Not Applicable for TA), (To be filled by appraisee)

1.

2.

3.

4.

F: Comments of staff member providing Substantive Guidance/Support.

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Date: _________ Signature:______________ Title: _______________ Name: __________________

G: Supervisor’s overall comments & suggestions for problem solution and work improvement. (To be filled in by appraiser)

Date: ____________ Signature:______________ Title: _______________ Name: __________________

H: Comments by Supervisor of the appraiser

Date: _________ Signature:______________ Title: _______________ Name: __________________

I: Appraisee’s comments

Date: _________ Signature:______________ Title: _______________ Name: __________________

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Date:

................................................................................................................... Signature of appraiser:

Date: ................................................................................................................... Signature of the appraisee:

Date: ................................................................................................................... Signature of the supervisor of

appraiser:

J: Action by HR

Date: ____________ Signature:______________ Title: _______________Name: ___________________

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Annex 7

Sustainable Capacity Development Strategy

1. The sustainability of a Capacity Development Strategy is dependent on (a) a shared ideation within the organization of what exactly is meant by Capacity Development, (b) a commitment, widely expressed within the organization, to continue along a path that implies lifelong learning and personal development, (c) an infrastructure that is capable of devising and using appropriate capacity development tools and techniques, (d) a system that ensures continuity of efforts, and (e) a willingness to change as per demands of the primary task of the organization.

2. In terms of the MPWT and MRD, what this then implies are the following, as shown in the Table below:

Element of Capacity Development Strategy

Strategic Implications

Shared ideation of Capacity Development

The meaning of what capacity development is and why it is needed needs to be communicated to all employees. Essentially then this is a Communication Strategy. It needs to be driven from the top, and the focal unit should be either the existing Training Department/Department of Personnel, or a special group or Cell set up for the purpose. Such a strategy implies that content of communication, frequency of communication, scope of information, circulation, all need to be clearly stated, agreed upon, with suitable motivating introductions from top management, and regular discussions and consultations be held with all levels of employees. The duration of the communication strategy should not be pre-determined, as it is much more dangerous to terminate a driven-from-the-top communication strategy, than not to initiate it at all. Abrupt termination may in fact result in the perception that top management is no longer interested in capacity development or development of the individuals. As of date the training departments of the ministries do not themselves have the skills to devise such a communication strategy, and therefore external help must be sought for this.

Commitment to continue along a It should be noted that lifelong learning here

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path of lifelong learning implies life in the organization, primarily.

The expression of that commitment could come in various ways. What is necessary to realize is that the commitment needs to encouraged, and positive reinforcement provided on a continuing basis, to all levels of individuals. Therefore, the development of this commitment is depended on how inclusive the development processes are. Current organizational culture in both the ministries, is not inclusive in that sense. Therefore interventions, if necessary externally driven, must be organized. Here also a proper communication and consultation strategy must be devised and implemented.

Infrastructure It is important for both Ministries to develop infrastructure for Training. Without an in-house infrastructure, the perception of the employees is likely to be that the top management is not serious. Once employees see that investments in infrastructure have been made, there is a perception of commitment on the part of the top management. Soft infrastructure is equally important. Soft infrastructure includes materials and tools; those in charge of capacity development must demonstrate from the beginning that they know the content of their own toolkit. Therefore the overall sustainable strategy must have the initial component of training of personnel in the use of training and capacity development tools.

System that ensures continuity of efforts

This report has emphasized at various places that the perception of the Ministry system [and the reality also] is that no system is in fact, designed on a sustainable basis. To change this perception, and to ensure that at least there would be continuity of efforts in the area of capacity building, it will be necessary to have top management endorsement on a three-year rolling plan for training and capacity development, and to ensure that the system by itself is visible, impartial, and transparent. Again, this will imply redesign of business processes within the training and HR department, and this strategic component must form part of an overall OD effort.

Willingness of the organization Commitment to lifelong learning can only be expected if there is demonstrable evidence

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to change that the organization is willing to utilize, and

in fact encourage, use of the learning and skills that come from building capacity. To do so on a sustainable basis, would imply that the organization itself demonstrates a willingness to modify its business processes on a continual basis and to make continuing efforts to improve service delivery effectiveness. This again should be driven from the top through a series of widely communicated steps.

3. It will be seen from the above that basically, capacity development as a continuing strategic effort can only be sustained if there is a long term, demonstrated commitment to the same from the top and senior levels. Generally, in most organizations, there is a tendency of top management to assume that capacity development is one of the tasks of the training department[and, in fact, that capacity development is another name for training] and that top management need not worry about it, once the training budget has been sanctioned.

4. In fact, as has been discussed elsewhere in this Report, capacity development is a much wider concept than training. Capacity development can be done in formal decision meetings also – simply by involving people who would not normally be there- as observers so that they can get educated on the ways that top management takes decisions. Top management seminars on decision making may have middle management observers, who watch and learn, and top management itself can take on the task of mentoring those who are lower down.

5. However, capacity development does not happen by itself. It is a planned effort, that requires regular updating, and integration of new developments within the organization.

6. The issue of sustainability has been discussed more in detail in Chapter 6 of this Report, and implementation guidelines may be seen there.

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Annex 8

TOR for this Assignment

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Annex 9

Tentative Training Sequences for Selected Subjects

Training Program: Broad Areas With a view to improve the skill improvement, the project aims at providing the training inputs to the staff of the MPWT and MRD. The following three broad training programs were contemplated followed by detailed list of the training/workshops.

The training Program includes the following broad heads:

Training Program I : Environmental & Social Safeguards: This includes-

a) Implementing Environmental and Social Safeguards [General Workshop b) Implementing Environmental and Social Safeguards [General Workshop c) Implementing Environmental and Social Safeguards [General Workshop d) Understanding and implementation of Technical Environmental and Social Guidelines

Training Program II: Road Asset Maintenance. This includes- a) Periodic and Routine Maintenance Programs for Highways and Secondary Roads/ Understanding and

Interpretation of Standards in Highway maintenance

Training Program III: Organizational Management: This includes-

a) Leadership and Decision-making, Motivation and Change Management b) Planning and Management with specific reference to MPWT and MRD c) Office management and communication

Program Name Participant Profile Optimum Number Coordinator

Periodic and Routine Maintenance Programs for Highways and Secondary Roads/ Understanding and Interpretation of Standards in Highway maintenance

Provincial and HQ Engineers from RID 20 RME

Leadership and Decision-making Deputy Dirs. And above from various depts.

15 PMS

Implementing Environmental and Social Safeguards [General Workshop

Priority Group [as defined in TOR] representatives

35 ESS

Office Managements Part I Chiefs of Office and Deputy Chiefs of Office

25 PMS

Computers and Communication General Staff 20 PMS

Implementing Environmental and Social Safeguards [General Workshop

Priority Group [as defined in TOR] representatives

30 ESS

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Program Name Participant Profile Optimum Number Coordinator

Periodic and Routine Maintenance Programs for Highways and Secondary Roads/ Understanding and Interpretation of Standards in Highway maintenance

Provincial and HQ Engineers from RID 20 RME

Implementing Environmental and Social Safeguards [General Workshop

Priority Group [as defined in TOR] representatives

30 ESS

Understanding and implementation of Technical Environmental and Social Guidelines

Implementation Engineers, Planning Engineers from RID, Engineers from TRC

20 ESS

Computers and Communication General Staff 20 PMS

Office Managements Part II Chiefs of Office and Deputy Chiefs of Office

25 PMS

Planning and Management with specific reference to MPWT and MRD

Chiefs of Office and above from concerned Depts.

15 PMS

Reporting and MIS Chiefs of Office and Deputy Directors up to Directors

15 PMS

Communication and Coordination Deputy Dirs. And above from various depts.

15 PMS

Workshop on Draft Final Report Nominated Senior Officers 12 TL

1. The illustrative contents of the General Workshop for Priority Groups is given below: Type of training

Participants Topics to be covered Method of training

One day general workshop

Safeguard staff in relevant ministries, provincial government agencies,

• Acts, Policies and other related decree of Govt. of Cambodia related to the Environmental Impact Assessment and Management.

• Process of EIA and stages of inclusion of Environmental consideration in project cycle

• Environmental safeguard framework of PRIP for RAMP

• Need for Environmental Assessment in project planning and development

• Safeguard Requirement of various funding agencies like WB, ADB

• Relevant International treaty related • Requirement of clearance from

Class room training session of slides show, case studies, interaction modulation

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Type of training

Participants Topics to be covered Method of training

various Authorities

One day general workshop

Professional working out side the government, teaching faculty, consultants, NGOs

• Acts, Policies and other related decree of Govt. of Cambodia related to the Environmental Impact Assessment and Management.

• Environmental safeguard framework of PRIP for RAMP

• Need for Environmental Assessment in project planning and development

• Safeguard Requirement of various funding agencies like WB, ADB

• Process of EIA and stages of inclusion of Environmental consideration in project cycle

• Stakeholder consultation and its role during design, construction and implementation of the project from environmental safeguard point of view

• Duties and responsibilities of the various PIU officers in implementation of EMP and its monitoring during construction and operation work

• Process of implementation and Monitoring of EMP

Class room training session of slides show, case studies, interaction modulation

2. An outline of the contents of the 2-day workshop on environmental safeguards etc is given below:

Sl. No. Topics Environment Component

1 Legal, Policy and Administrative frame work of Govt. of Cambodia related to the Environmental Assessment and Management

2 Understanding of the relevant environmental issues, regulations and their application to the project, Relevant International treaty and requirement of clearance from various Authorities

3 Need for assessment of Environment component in project planning

4 Safeguard Requirement of various funding agencies like WB, ADB

5 Environmental planning process in project development

6 Suitable mitigation measures to minimize / avoid/ compensate the identified environmental impact and their implementation through incorporation in the design, construction supervision and monitoring

7 Evaluation of post EMP implementation

8 Public / community consultation and its role during design, implementation and operation of the project

9 Need for environmental enhancement measures, Rehabilitation of quarries, pits and borrow pits

10 EHS (Environmental Health and Safety) and safety signage during Construction

11 Duties and responsibilities of the various PIU officers in implementation of EMP and its monitoring during construction and operation work

3. The illustrative contents of a program on Reporting and MIS follows:

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Session Subject Training Technology

Technical -I Reporting as an instrument of Managerial information and control; reporting techniques; barriers to proper reporting; anecdotal and evidential reporting;

Lecture and Case-study

Technical -II Reporting formats; inclusive and exclusive techniques; information levels; summaries and collated reports

Presentation

Technical - III Management Information Systems – definitions and processes; quality of information; organization-wide and sub-system wide information systems

Lecture and Presentation

Technical - IV Effective MIS – do’s and don’ts; Role and responsibilities of the MIS unit; computerizing information- advantages and risks in changeover – mitigating risks

Guided Group Discussion

Discussion Group Summarizing the day’s learning and practical steps to take

Open Plenary

4. The illustrative contents of a program on Office Management is as follows:

Session Subject Training Technology

Technical -I The need for proper office management; elements of a well-run office

Presentation

Technical -II Allocating responsibilities in an office – nothing too large and nothing too small

Case-study based lecture

Technical - 3 Filing and Archiving systems – Governmental systems and others; danger of keeping files to oneself

Presentation and lecture

Technical - 4 Managing office equipment and consumables Presentation and lecture

Technical -5 Setting up simple office protocols to increase office efficiency

Case-study and discussion

Technical - 6 Keeping office accounts and controlling imprest and petty cash

Lecture

Technical - 7 Managing Office conflicts and discipline Case-study and discussion

Discussion Group Summarizing the day’s learning Open Plenary

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Annex 10

Draft of Sub-decree for Restructuring of MPWT

KINGDOM OF CAMBODIA

Nation Religion King Royal Government of Cambodia

No:

SUB-DECREE

ON THE ORGANIZATION AND THE FUNCTIONING

OF

THE MINISTRY OF PUBLIC WORKS AND TRANSPORT

THE ROYAL GOVERNMENT OF CAMBODIA

- Having seen the constitution of the Kingdom of Cambodia, 1993. - Having seen the Royal decree No. NS/RKT/0908/1055 dated 25 September 2008 on the appointment of

the royal government of Cambodia. - Having seen the Krom No 02.NS/94 dated 20 July 1994 on the organization and the functioning of the

Council of Ministers. - Having seen the Krom No NS/RKM/0196/03 dated 24 January 1996 on the establishment of the

Ministry of Public Work and Transport. - Having seen the sub-decree No 20/ANK/BK dated 30 Apri11996 on the Organization and the

Functioning of the Ministries and State Secretariats. - Having seen the sub-decree No 14/ANK/BK dated 03 March,1998 on the organization and functioning

of the Ministry of Public Works and Transport. - According to the proposal of the Ministry of Public Works and Transport. - According to the approval of the Council of Ministers at the meeting dated -------

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DECIDED

CHAPTER l

GENERAL PROVISION

ARTICLE 1: This sub-decree is promulgated in view of the fact that by sub-decree No 62ANK- BK dated 20th July 1999 on organization and functioning of the Ministry of Land Management, Urbanization and Construction, the provisions of sub-decree no 14/ANK/BK dated 03 March 1998 were superseded, and therefore it is important to make restructured provisions for the organization and functioning of the Ministry of Public Works and Transport.

ARTICLE 2: Some terms has the following meaning:

- Zone 1: provinces-cities located between Tonlesap Lake and the sea (central, southern and western regions) include Phnom Penh Cities and Kandal, Takeo, Kampot, Kep, Sihanouk, Kampong Speu, Koh Kong, Kampong Chhnang, Pursat, Battambang and Pailin provinces.

- Zone 2: provinces-cities located between Tonlesap Lake and Tonle Mekong River (northern and western regions) include Kampong Cham, Kampong Thom, Preash Vihear, Siem Reap, Oddar Meanchey and Banteay Meanchey Provinces.

- Zone 3: provinces-cities located at eastern of Mekong River (eastern region) include Svay Rieng, Prey Veng, Kratie, Mondolkiri, Rattanakiri and Stung Treng Provinces.

CHAPTER 2

MISSIONS AND ORGANIZATION

ARTICLE 3: The Royal Government of Cambodia assigned the mission in the Ministry of Public Works and Transport, to be responsible for the Regulation of the Transport Sector and for the Construction and Maintenance of all necessary infrastructures for the Transport Sector.

ARTICLE 4: Ministry of Public Works and Transport has the following roles and responsibilities:

- To prepare long, medium and short term plans for the development and management of the Transport Sector, in manner consistent and aligned with the overall National Plans and Plans prepared by related Ministries

- To develop strategies and planning to encourage the overall development of Transport Sector in order to fully participate in the economic growth of the country

- To develop strategies to encourage investments by all stakeholders into the Transport Sector

- To develop Regulations for the Governance of the Transport Sector and to promulgate the same following due process

- To plan, design, execute or cause to be executed, and maintain or cause to be maintained, transport infrastructure in the country, including all Roads, Bridges, facilities for using inland waterways, ports whether sea or inland river.

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- To work with concerned Ministries/Institutions in formulating cross-ministerial and

coordinated strategies and policies leading to all-round economic growth and identifying priorities for investment both public and private in order to maximize effectiveness of service delivery and utilization of resources-both internal and external

- To collaborate with Ministry of Economy and Finance in Budget Allocation and Budget utilization exercises

- To coordinate with Donor Agencies and Lending Institutions as well as Foreign Governments in promoting investments in the Transport Sector and in planning and executing projects leading to socioeconomic development of the country

- To obtain, update, and manage all Statistical information related to the Transport Sector. - To carry out other tasks that are assigned and entrusted by the Royal Government of

Cambodia.

ARTICLE 5: Ministry of Public Works and Transport shall be organized as follows:

1 . At the Central Level

• Directorate of Inspection • General Directorate of Management Services, which consists of

o Department of Planning o Department of Finance and Accounts o Department of Human Resources o Department of Administration Affair o Department of Legal Affair

• General Directorate of Technical Services, which consists of

o Department of Procurement o Department of Training o Department of Environmental and Social Safeguards o Department of Technical Audit o Department of Design and Supervision

• General Directorate of Public Works and Transport of ZONE 1

• Department of Public Works Zone 1 • Department of Transport Zone 1 • Department of Merchant Shipping • Department of Railway Zone 1

• General Directorate of Public Works and Transport of ZONE 2 • Department of Public Works of Zone 2 • Department of Transport Zone of 2 • Department of Railway Zone 2

• General Directorate of Public Works and Transport of ZONE 3 • Department of Public Works of Zone 3 • Department of Transport Zone of 3 • Department of Railway Zone 3

• Financial Inspection Unit

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• State Owned Enterprises

• Cabinet of the Minister

2. At the Local Level • Provincial Departments of Public Works and Transport • District Bureau of Public Works and Transport

CHAPTER 3

DIRECTORATE OF INSPECTION

ARTICLE 6: Directorate of Inspection of Ministry of Public Works and Transport has the following

responsibility: - Regularly inspect all entities under the management of Ministry of Public Works and

Transport. - Prepare inspection report to minister and make recommendation, if any. - Perform under the guidance of minister.

The Directorate of Inspection shall be headed by a Director General of Inspection and assisted by Deputy Directors General as needed.

CHAPTER 4

GENERAL DIRECTORATE OF MANAGEMENT SERVICES

ARTICLE 7: The General Directorate of Management Services, headed by a Director General and assisted by a number of Deputy Director Generals as necessary, shall perform the following Tasks, through its Departments as stated, within the overall Mission and Tasks of the Ministry of Public Works and Transport:

ARTICLE 8: Department of Planning is responsible for:

o Prepare short, medium and long-term strategic planning for investment on Public and Transport services.

o Compile annual planning from each zone for public investment program, verify that plan with short, medium and long-term strategic planning, and update annual and rolling planning as necessary.

o Prepare planning to raise budget and other supports and determine strategy and priority for public investment on public and transport sectors.

o Coordinate with financial institution, development partner and other related agencies.

o Coordinate with Planning Ministry, Ministry of Economy and Finance, Legal Institution and other agency of the government.

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o Coordinate with Research Institution and prepare policy for transport sectors. o Perform other duties as required.

The Planning Department shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 9: Department of Finance and Accounting is responsible for:

o Conclude planning and revenue vs. expenditure report of all entities from central and local level of the ministry.

o Prepare budget planning of the ministry for discussion and getting approval from minister and ministry of economy and finance.

o Accounting record of all transaction to indicate the status of implementation, payment and prepare quarterly, semiannually and annual report.

o Instruct central and local entities in the preparation and execution of annual national budget.

o Follow up on the execution of revenues and expenses of central and local entities. o Cooperate and coordinate with Ministry of Economy and Finance for any changes

in response to the budgetary rule. o Maintain accounting records of projects under bilateral and multilateral funds in

accordance with credit agreement between donors and the Royal Government of Cambodia.

o Prepare financial statement for project in response to donor and government requirement.

o Submit financial statement of project to the related institution and agency. o Provide approval and recommendation on payment request. o Preparing procedure for the endorsement, advance payment and salary payment o Inventory management of the ministry. o Update the status of physical asset and register new asset in the record. Keep

inform all related departments on the situation of maintenance, management and disposal of state assets.

The Department of Finance and Accounting shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 10: Department of Human Resources is responsible for

o Manage and Maintenance personnel documentation. o Cooperate and coordinate with Public Secretariat and other related agency. o To prepare and manage administration paper of the ministry. o Human resource planning: career placement, promotion and demotion of the

ministry’s civil servants and prepare proposal for new recruitment. o Prepare salaries, grades of benefits, family support policies, social welfare

policies and recreation policies. o Review request for annual leaves, sick leaves, spousal leaves and others.

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o Prepare policies on appraisals, promotion, sanctions, warnings, or disciplinary

measures of ministerial officials based on the Law on Civil Servants of the Kingdom of Cambodia.

o Discuss and settle all personnel negative issues.

The Department of Human Resource shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 11: Department of Administrative Affairs

o Coordinate all ministerial activities at the central level and between the central level and locally-based entities which are under the ministry’s jurisdiction.

o Manage and circulate other administrative document of the ministry. o Ensure a duly safe and administration order. Collect all necessity and prepare

administrative expenditure program for the ministry including general operation, office maintenance & repairing, office supply, gasoline etc.

o Register and issue license for border transport service. o Coordinate with other ministries, institutions, non-government and international

organizations and other agencies. o Manage protocol activities and cooperate with information agency regarding the

publication, conference, etc. o Establish and maintain information security and prepare procedure for

information user. o Establish, maintain, regularly update and improve website and information

system of the ministry for widely use. o Perform other duties as necessity.

The Department of Administrative Affairs shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 12: Department of Legal Affairs shall function as follow:

o Cooperate with relevant departments in order to research, collect, and prepare text for draft law, sub-decree, circulation, prakas, notice related to Public and Transport Sectors.

o Study, evaluate, prepare and manage investment contracts including privatization of road, bridge, public transport service, etc.

o Control, monitor, and strengthen traffic law, road safety, encroachment, and overload transport.

o Ensure that the Ministry is complying with all legal requirements. o Receive complaints from people regarding the activities under the jurisdiction of

the ministry.

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o Maintain and keep important documents including Royal Krom, Royal Decree,

Sub Decree, Circulation, Investment Contract, negotiation, memorandum and other documents.

o Perform other duties as required.

The Department of Legal Affairs shall be headed by a Director and assisted by Deputy Directors as needed.

CHAPTER 5

GENERAL DIRECTORATE OF TECHNICAL SERVICES

ARTICLE 13: The General Directorate of Technical Services, headed by a Director General and assisted by a number of Deputy Director Generals as necessary, shall perform the following Tasks, through its Departments as stated, within the overall Mission and Tasks of the Ministry of Public Works and Transport:

ARTICLE 14: Department of Procurement shall have the following tasks:

o Preparation of Procurement Process for government funded projects in accordance with Procurement Guideline to ensure accuracy, economical, efficiency of good, consultancy and civil work bidding.

o Preparation of Procurement Process for external funded projects, bilateral and multilateral agency in accordance with Procurement Guideline as outlined in credit agreement between donors and the Royal Government of Cambodia to ensure accuracy, economical, efficiency of good, consultancy and civil work bidding.

o Prepare recommendation on contract award for submitting to procurement committee and management for review and approval.

o Contract Management for Supply of Goods and Services for own deparment. o Perform other duty as necessity.

The Department of Procurement shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 15: Department of Training shall have the following functions:

o Study and evaluate training need for improving human resource capacity for officials under the ministry.

o Provide training for ministry officials based on basic knowledge, specialization and real practice.

o Select and evaluate official capacity for local and oversea training. o Carry out short, medium and long-term training s by cooperating with national

and international institutions.

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o Prepare extensive program for training high-ranking officials on Public Works

and Transport management, information technology and other skills as necessity. o Survey and monitor each training sessions. o Manage library, education center or technical center of the ministry. o Manage and support training materials for training. o Prepare payment for training programs to all education centers.

The Department of Training shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 16: Department of Environment and Social Safeguards shall have the following functions:

o Review of projects and sub-projects with regard to environmental and social issues based on Technical Guideline set by the Ministry.

o Publicize HIV/AIDS and Mines/UXOs awareness based on Technical Guideline set by Ministry of Health, Cambodia Mine Authority and other regulations.

o Perform other duties as required.

The Department of Environmental and Social Safeguards shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 17: Department of Technical Audit, shall have the following functions,

o Technical Operational Audit during construction and at completion of project works.

o Standards interpretation and Guidance o Provide advice and determine the use of suitable standard for the situation of the

Kingdom of Cambodia. o Provision of professional Expert Advice to other Departments and Ministries on

civil construction o Technical concurrence and ratification of Designs for governmental and non-

governmental agencies and bodies as per Regulations issued in this regard by the Ministry

o Resolution of Technical disputes for the Ministry as well as other governmental/ non-governmental Agencies and bodies, on such terms as may be decided

o Knowledge management for the MPWT

The Department of Technical Audit shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 18: Department of Technical Drawing and Design will be responsible for:

o Technical Design o Costing and Estimation o Control construction activities of the ministry o Perform other duty as required

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The Department of Technical Drawing and Design shall be headed by a Director and assisted by Deputy Directors as needed.

CHAPTER 6

GENERAL DIRECTORATES OF ZONES, 1, 2, and 3

ARTICLE 19: There shall be Three (3) General Directorates of Public Works and Transport, namely, General Directorate of Public Works and Transport of Zonal 1/2/3. Each General Directorate shall be fully responsible for carrying out the functions and service obligations of the Ministry in its provinces as defined below. Each General Directorate shall be headed by a Director General and assisted by Deputy Director Generals as deemed necessary.

ARTICLE 20: Department of Public Works Zone 1, 2 and 3 shall have the following functions in all provinces and cities of Zone 1/2/3:

o Based on strategic planning, short, medium and long-term planning, prepare it own plan for construction, repairing, and annual maintaining of Public Works including Airport, Highways, National Roads, Other National Roads, Provincial and District Roads, bridges, street furniture, public garden, parking, signage, roundabouts, ports, furry, etc.

o Implement planning for construction and maintenance of Public Works including Airport, Highways, National Roads, Other National Roads, Provincial and District Roads, bridges, street furniture, public garden, parking, signage, roundabouts, ports, furry, etc.

o Monitoring and evaluation of Safeguards Compliance related to Environment and Social matters.

o Asset management including equipment and motor vehicles of whatever description belonging to the Ministry at the Zone

o Procurement at the Zonal levels in terms of thresholds set by the central procurement department

o Administrative functions of supervision and coordination with local/provincial departments of public works and transport for all public works issues

o Finance and Accounts related to Projects as well as regular Revenue expenditure, in terms Rules and Guidance as set by the central accounts and finance regulation instructed by the ministry.

The Department of Public Works Zone 1, 2 and 3 shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 21: Department of Transport Zone 1/2/3 shall have the following functions in all provinces

and cities of Zone 1/2/3: o Registration and control the status of all king of road, water and sea transports.

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o Manage public order and traffic security by cooperating with relevant institution

and authority. o Prepare and issue license for to road, water and sea transports. o Study and manage traffic data, transport activities and transport providers. o Procurement at the Zonal levels in terms of thresholds set by the central

procurement department. o Finance and Accounts related to all project as well as controlling income and

expenditure in terms of rules and guidance of the ministry. o Administrative functions of coordination with provincial offices for transport

sectors.

The Department of Transport Zone 1, 2 and 3 shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 22: Department of Merchant Shipping shall have the following responsibility and functions:

o General Administration of Merchant Shipping and Public Enterprise: - Regularly manage sea transport and control the implementation of

order and marine agreement. - Make research to include merchant shipping in specialized manner. - Study and evaluate the quality and quantity of state demand on merchant

shipping. - Study about the allowance for good merchant shipping investigation. - Scientist research for shipping technical conception. - Technical advice on maritime trade. - Prepare regulations governing the merchant shipping.

o National and International Maritime Cooperation - Making and proposing technical base for international and regional

maritime cooperation. - Managing international and regional maritime cooperation. - Managing bilateral agreements on maritime transport cooperation - negotiating international maritime transport arrangement

o Manager professional merchant shipping and perform other duties as required.

The Department of Merchant Shipping shall be headed by a Director and assisted by Deputy Directors as needed.

ARTICLE 23: Department of Railways, Zone 1/2/3 shall have the following responsibility:

o Preparing detailed project plans for the revitalization of the Royal Railway of Cambodia in each zone.

o Executing programs for revitalization of the existing Railway organization o Coordinating with other Railway bodies in neighboring to ensure railway

transport sector o Prepare procedure and regulation governing the Railway operations. o Initiate the process for encouraging investment and privatization of the

railway system. o Perform other duties as necessity.

The Department of Railways, Zone 1/2/3 shall be headed by a Director and assisted by Deputy Directors as needed.

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CHAPTER 7 CABINET OF MINISTER

ARTICLE 24: The Cabinet of Minister is in charge of undertaking mission that are determined by the sub-decree No ANR/BK dated 30 April 1996 as mentioned above, concerning the organization and the functioning of the Ministries and the State Secretariats.

CHAPTER 8 LOCAL/PROVINCIAL STRUCTURE

ARTICLE 25: The Provincial/Municipal Departments of Public Works and Transport under the direction and management as mention in Article 19 shall have the structure and functions as indicated in Prakas No 344 dated August 31, 2001 of the Ministry of Public Works and Transport. The Prakas will be suitably modified and re- issued by the Ministry in view of this sub-decree.

CHAPTER 9

STATE OWNED ENTERPRISES

ARTICLE 26: The following State-owned and Autonomous Enterprises shall be under the Administrative control of the Ministry of Public Works and Transport:

A. State-owned Enterprises Already Under the Restriction

1. Phnom Penh Autonomous Port (Sub-decree No.51/ANK/BK dated 17 July 1998 on the establishment of Phnom Penh Autonomous Port)

2. Sihanoukville Autonomous Port (Sub-decree No.50/ANK/BK dated 17 July 1998 on the establishment of Sihanoukville Autonomous Port)

3. Kampuchea Shipping Agency Branches (Sub-decree No.81/ANK/BK dated 30 August 1999 on the establishment of Kampuchea Shipping Agency Branches, KAMSAB)

4. Construction and Public Works Laboratory and Offices (Sub-decree No.15/ANK/BK dated 24 February 1997 on the establishment of Construction and Public Works Laboratory and Offices)

B. State-owned Enterprises To Be Under the Restriction 5. Railway Technical Education Center (Decision No.05 SSR dated 20 January 1999) 6. Cambodia Railway Station 7. Major Ferries 8. Good Transport Company 9. Passenger Transport Company 10. Logistic Department 11. Driving Schools 12. Gravel and Sand Enterprise 13. Construction Enterprise 14. 7 Makara Repair Workshop 15. Cambodia Transport Ship 16. Sawing Plant 17. Brick Plant

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CHAPTER 10

FINANCIAL INSPECTION UNIT

ARTICLE 27: The Financial Inspection unit was created by the Minister of Finance and Economy, according to Sub-decree No 81 dated 16 November, 1995 about the creation of the Financial Inspection Unit on Ministries expenditures. The Unit shall carry on its functions as per the referred sub-decree.

CHAPTER 12

FINAL PROVISIONS

ARTICLE 28 : The Existing Departments and Offices under General Directorate of Public Works, General Directorate of Transport, General Directorate of Planning shall be divided and suitably allocated to new organization structure.

ARTICLE 29: The Ministry shall issue separate Prakas for organization and function of all departments, Provincial Departments, and Offices or Bureau after this sub-decree becomes effective.

ARTICLE 30: This sub-decree supersedes all other Orders wherever, whenever, and howsoever issued, on the organization and functioning of the Ministry of Public Works and Transport.

ARTICLE 31: This Sub-decree is promulgated from the signing date.

Phnom Penh, Dated the --------------- of the Year 2010

Signed and Sealed

Prime Minister

To: The Prime Minister C.C.

- Cabinet of the King.

- Secretariat of National Assembly.

- All Ministries and Institutions at central level.

- All Provinces and Municipalities.

- As Article 31.

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- )aneXIjrdæFm μnuBaØénRBHraCaNacRkkm<úCa - )aneXIjRBHraCRkwtüelx ns¼rkt¼0908¼1055 cuHéf¶TI25 ExkBaØa qñaM2008 sþIBIkar

EtgtaMgraCrdæaPi)alénRBHraCaNacRkkm<úCa - )aneXIjRBHraCRkmelx02 ns¼94 cuHéf¶TI20 Exkkáda qñaM1994 EdlRbkaseGayeRbIc,ab;

sþIBIkarerobcM nigkarRbRBwtþeTAénKN³rdæmRnþI - )aneXIjRBHraCRkmelx ns¼rkm¼0196¼03 cuHéf¶TI24 Exmkra qñaM1996 sþIBIkarbegáIt

RksYgsaFarNkar nigdwkCBa¢Ún - )aneXIjGnuRkwtüelx20 GnRk¼bk cuHéf¶TI30 Exemsa qñaM1996 sþIBIkarerobcM nigkarRbRBwtþ

eTArbs;RksYg nigrdæelxaFikardæan - )aneXIjGnuRkwtüelx14 GnRk>bk cuHéf¶TI03 Exmina qñaM1998 sþIBIkarerobcM nigkarRbRBwtþ

eTArbs;RksYgsaFarNkar nigdwkCBa¢Ún - tamsMeNIrbs;RksYgsaFarNkar nigdwkCBa¢Ún

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- tamkarÉkPaBrbs;KN³rdæmRnþI naGgÁRbCMuéf¶TI >>>>>>>>>>>>>>

sMerc CMBUk 1

bTbBaØtþiTUeTA maRta 1 ³ GnuRkwtüenHRtUvRbkaseGayeRbIedayeyagelIPaBCak;Esþgfa cab;taMgBIkarbegáIt

RksYgEdndI nKrerabnIykmμ nigsMNg; edayGnuRkwtüelx62 GnRk>bk cuH éf¶TI20 Exkkáda qñaM1999 EpñkxøHénGnuRkwtüelx 14 GnRk>bkcuHéf¶TI03 Exmina qñaM1998 RtUv)annirakrN_ . GnuRkwtüenHerobcMbNþaGgÁPaBénRksYg saFarNkar nigdwkCBa¢Ún kMNt;ebskkmμrbs;RksYg nigmuxkarénbNþaGKÁ naykdæan nignaykdæannana eLIgvij.

maRta 2 ³ kñúgn½yénGnuRkwtüenH vaküs½BÞ ³ - tMbn; 1 sMedAbNþaraCFanI-extþ EdlsßitenAcenøaHbwgTenøsab nigsmuRT

¬PaKkNþal xagt,Úg nigxaglic¦ rYmmanraCFanIPñMeBj extþkNþal extþtaEkv extþkMBt extþEkb extþRBHsIhnu extþkMBg;s<W extþekaHkug extþkMBg;qñaMg extþeBaF×sat; extþ)at;dMbg nig extþéb:lin .

- tMbn; 2 sMedAbNþaraCFanI-extþ EdlsßitenAcenøaHbwgTenøsab nigTenø emKgÁ ¬PaKxageCIg nigxaglic¦ rYmmanextþkMBg;cam extþkMBg;FM extþRBHvihar extþesomrab extþ]tþrmanC½y nigextþbnÞaymanC½y .

- tMbn; 3 sMedAbNþaraCFanI-extþ EdlsßitenAxagekItTenøemKgÁ ¬PaKxag ekIt¦ rYmmanextþsVayerog extþéRBEvg extþRkecH extþmNÐlKIrI extþrtn³KIrI nig extþsÞwgERtg.

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CMBUk 2 ebskkm μ nigrcnasm<½n§

maRta 3 ³ RksYgsaFarNkarnigdwkCBa¢ÚnRtUv)anraCrdæaPi)alkm<úCaRbKl;ebskkmμeGay TTYlxusRtUvdwknaMRKb;RKgnigGnuvtþkargarsagsg;nigEfTaMehdæarcnasm<½n§TaMg Gs;sMrab;beRmIvis½ydwkCBa¢Ún.

maRta 4 ³ RksYgsaFarNkar nigdwkCBa¢Ún manmuxgarnigParkic©dUcteTA³ - erobcMEpnkarem ry³eBlEvg ry³eBlmFüm nigry³eBlxøI sMrab;kar GPivDÆn_

nig karRKb;RKgvis½ydwkCBa¢Ún eGayRsbtamEpnkarCati nig Epnkarnana Edl erobcMedayRksYgBak;B½n§epSg²eTot.

- begáItyuT§saRsþ nigEpnkarCRmujkarGPivDÆn_vis½ydwkCBa¢ÚnTUTaMgRbeTs edIm,IrYm cMENkelIksÞÜykMeNInesdækic©Cati .

- begáItyuT§saRsþedIm,IelIkTwkcitþ [mankarcUlrYmvinieyaKelIvis½y dwkCBa©ÚnBIRKb; PaKIBak;B½n§TaMgGs; .

- erobcMtak;Etg nigdak;[eRbIR)as;CapøÚvkar nUvbTb,BaØtþisþIBIkarRKb;RKg bNþaj pøÚvfñl; nigvis½ydwkCBa¢Ún.

- eFVIEpnkar sikSaerobcMbøg; nigsagsg;ehdæarcnasm<½n§dwkCBa¢ÚnrYmmanpøÚvfñl; s<an pøÚvTwk Eps¶Üt kMBg;EpsmuRT nigTenø cMNtGakasyandæan nigesvakmμdéTeTot sMrab;beRmIvis½ydwkCBa¢ÚnTUTaMgRbeTs nigGnþrCati.

- rYmshkarCamYyRksYg b¤sßab½nBak;B½n§ kñúgkarerobcMyuT§saRsþ nigeKal neya)ay sRmbsRmYlrvagRksYg nigRksYg edIm,InaMmknUvkMeNIn esdækic©Cati nig edIm,IkMNt;GaTiPaBsMrab;karvinieyaKTaMgEpñksaFarN³ nigÉkCn eFVIy:ag Na[ karpþl;esva nigkareRbIR)as;FnFanesdækic©kñúgnigeRkARbeTsmanRbsiT§PaBx<s;.

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- shRbtibtþikarCamYyRksYgesdækic© nighirBaØvtßúkñúgkarkMNt; nigeRbIR)as; fvika

sMrab;karGPivDÆvis½ydwkCBa¢Ún nigvis½yBak;B½n§ . - shRbtibtþikar nigsRmbsRmYlCamYyPñak;garpþl;CMnYy nigsßab½npþl; R)ak;km©I

\NTan k¾dUcCaRbeTsdéTeTot kñúgkarCRmuj[mankarvinieyaK elIvis½ydwk CBa¢Ún rYmmankarksagEpnkar nigkarGnuvtþn_KMerag EdlnaM[ mankarGPivDÆn_esdækic© nigsgÁm.

- RbmUlpþúMRKb;RKg nigeFVIbc©úb,nñPaBral;Bt’man nigsßitiTinñn½y EdlTak;Tg eTAnwg vis½ydwkCBa¢Ún.

- GnuvtþParkic©epSg²eTotEdlraCrdæaPi)alkm<úCatRmUv nigpþl;[tamkarcaM)ac;. maRta 5 ³ RksYgsaFarNkar nigdwkCBa¢Únmanrcnasm<½n§dUcteTA ³

1> GgÁPaBkNþal GKÁaFikardæan GKÁnaykdæanrdæ)al nigkic©karTUeTA rYmmannaykdæancMnYn 5 dUcxageRkam³

- naykdæanEpnkar - naykdæanKNenyü-hirBaØvtßú - naykdæanFnFanmnusS - naykdæanrdæ)al - naykdæannItikm μ

GKÁnaykdæanRKb;RKgbec©keTs rYmman naykdæancMnYn5 dUcxageRkam ³ - naykdæanlT§km μ - naykdæanbNþúHbNþal - naykdæanKaMBarbrisßan nigsgÁm - naykdæansvnkm μbec©keTs - naykdæanbec©keTssikSabøg; nigRtYtBinitükarsagsg;

GKÁnaykdæansaFarNkar nigdwkCBa¢ÚntMbn;1 rYmman naykdæancMnYn4 dUcxageRkam ³ - naykdæansaFarNkartMbn;1 - naykdæandwkCBa¢ÚntMbn;1

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- naykdæannavaCMnYjsmuRT - naykdæanpøÚvEdktMbn;1

GKÁnaykdæansaFarNkar nigdwkCBa¢ÚntMbn;2 rYmman naykdæancMnYn3 dUcxageRkam³ - naykdæansaFarNkartMbn;2 - naykdæandwkCBa¢ÚntMbn;2 - naykdæanpøÚvEdktMbn;2

GKÁnaykdæansaFarNkar nigdwkCBa¢ÚntMbn;3 rYmmannaykdæancMnYn3 dUcxageRkam³ - naykdæansaFarNkartMbn;3 - naykdæandwkCBa¢ÚntMbn;3 - naykdæanpøÚvEdktMbn;3

GgÁPaBRtYtBinitühirBaØvtßú shRKassaFarN³ xuTÞkal½yrdæmRnþI

2> GgÁPaBmUldæan mnÞIrsaFarNkar nigdwkCBa¢ÚnraCFanI-extþ kariyal½ysaFarNkar nigdwkCBa¢ÚnRsuk-x½NÐ

CMBUk 3 GKÁaFikardæan

maRta 6 ³ GKÁaFikardæanénRksYgsaFarNkar nigdwkCBa¢ÚnmankarTTYlxusRtUvdUcxageRkam ³ - eFVIGFikarkic©CaRbcaMelIGgÁPaBEdlsßitenAeRkamRKb;RKgrbs;RksYg saFarNkar

nig dwkCBa¢Ún . - eFVIr)aykarN_CUnrdæmRnþIGMBIRbtibtþikarrbs;GgÁPaBEdlxøÜn)anRtYtBinitü

nigGMBIkarvas;EvglT§plkargar edIm,IeFVIkarEklMGreTAtamkarcaM)ac; . - RbtibtþiParkic©eTAtamkarbgÁab;rbs;rdæm®nþI .

GKÁaFikardæan dwknaMedayGKÁaGFikarmYyrUb GmedayGKÁaFikarrgmYycMnYneTAtamkar caM)ac; . CMBUk 4

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GKÁnaykdæanrdæ)al nigkic©karTUeTA

maRta 7 ³ GKÁnaykdæanrdæ)alnigkic©karTUeTA dwknaMedayGKÁnaykmYyrUb nigGKÁnaykrg mYy cMnYneTAtamkarcaM)ac; RtUvGnuvtþtammuxgardUcEdlmanEcgenAkñúgnaykdæannimYy² rbs;xøÜn tamRkbx½NÐEdl)ankMNt;GMBIebskkmμ nigmuxkar rbs;RksYgsaFarNkar nigdwkCBa¢Ún .

maRta 8 ³ naykdæanEpnkar TTYlbnÞúk ³ erobcMEpnkarem EpnkaryuT§saRsþry³eBlEvg mFüm xøI sMrab;kar vinieyaK

esvasaFarNkar nigdwkCBa¢Ún . RbmUlpþúMEpnkarsMrab;karvinieyaKesvasaFarNkar nig dwkCBa¢Ún RbcaMqñaM Edl

erobcMedaytMbn;nimYy² k¾dUcCaEpnkarrbs;naykdæanEpnkarxøÜnÉg edIm,IepÞóg pÞat; CamYyEpnkarem EpnkaryuT§saRsþry³eBlEvg mFüm xøI ehIyeFVI bc©úb,nñPaB EpnkarRbcaMqñaM EpnkarrMkil-Bnüa b¤ bRgYj tamkarcaM)ac; nig Cak;Esþg .

erobcMKMeragEsVgrkfvika nigCMnYyepSg² kMNt;eKaledACayuT§saRsþ nigGaTiPaB sMrab;karvinieyaKesvasaFarNkar nig dwkCBa¢Ún .

sRmbsRmYlCamYysßab½nhirBaØvtßú édKUGPivDÆn_ nigPñak;garpþl;CMnYyepSg² . sMrbsMrYlCamYyRksYgEpnkar RksYgesdækic© nighirBaØvtßú sßab½nnItibBaØtþi nig

sßab½nBak;B½n§déTeTotrbs;raCrdæaPi)al . sRmbsRmYl nigshkarCamYysßab½nsikSaRsavRCav nigtak;EtgeKalneya)ay

elIvis½ydwkCBa¢Ún. bMeBjnUvParkic©mYycMnYneToteTAtamkarcaM)ac; .

naykdæanEpnkar dwknaMedayRbFannaykdæanmYyrUb nig GnuRbFannaykdæanmYycMnYntam karcaM)ac;.

maRta 9 ³ naykdæanKNenyü-hirBaØvtßú TTYlbnÞúk ³ erobcMRbmUlpþúMEpnkar nigr)aykarN_cMNUl-cMNay fvika BIbNþaGgÁPaB

kNþal nigGgÁPaBmUldæan eRkam»vaTRksYg.

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eFVIEpnkarfvika nig niTsSn_ cMNUl-cMNay rbs;RksYg sMrab;Binitü BiPakSa

nigseRmcBIrdæm®nþI nigRksYgesdækic© nighirBaØvtßú . kt;RtacuHbBa¢IKNenyü edIm,IqøúHbBa©aMgBIskmμPaBGnuvtþkargar k¾dUcCadMeNIr

karTUTat;fvikanigeFVIr)aykarN_cMNUl-cMNayfvikaRbcaMRtImas qmas nigqñaM. CYyENnaMdl;bNþaGgÁPaBkNþal nigGgÁPaBmUldæan kñúgkarerobcMkarGnuvtþ

nigkarTUTat;fvikaRbcaMqñaM . tamdankarGnuvtþcMNUl-cMNayfvika rbs;GgÁPaBkNþal nigGgÁPaBmUldæan. shRbtibtþikar nigTMnak;TMngkargarCamYyRksYgesdækic© nighirBaØvtßú kñúgkar

eFVIkarEktMrUvnUvGVIcaM)ac;RsbtambBaØtþi énkarENnaMfvika. kt;Rta nig rkSabBa©IKNenyüsMrab;KMerag EdlhirBaØb,TanedayeTVPaKI nig

BhuPaKI [Rsbtamkic©RBmeRBog\NTan b¤CMnYyrvagm©as;Tun b¤Gñk pþl;CMnYy CamYynwgraCrdæaPi)alénRBHraCaNacRkkm<úCa .

erobcMr)aykarN_hirBaØvtßúsMrab;KMerag eTAtamtRmUvkarrbs;Gñkpþl;CMnYy b¤ Gñkpþl;R)ak;km©I-\NTan nigeTAtamtRmUvkarrbs;RksYg .

dak;CUnnUvr)aykarN_hirBaØvtßúrbs;KMerageTAsßab½n nigPñak;garEdlBak;B½n§ . pþl;karÉkPaB nigpþl;Gnusasn_elIsMeNIsMukarTUTat;. erobcMviFIkarsMrab;karecjmUlb,Tanb½Rt buerRbTan nigerobcMebIkR)ak;ebovtS

CUnmRnþIraCkarRksYg . Binitü erobcM nigRKb;RKg Tinñn½yRTBüsm,tþiRksYg . eFVIbc©úb,nñPaBsßanPaBrUbv½nþénRTBüsm,tþirbs;RksYg¼rdæ nig cuHbBa¢IRTBü

sm,tþifμ I²eTAkñúgRbB½n§Tinñn½y . CUndMNwgBIkarEfTaM karRKb;RKg karCRmHbBa¢I niglk;dUrRTBüsm,tþirbs; RksYg¼rdæ eTARKb;naykdæanEdlBak;B½n§.

naykdæanKNenyü-hirBaØvtßú dwknaMedayRbFannaykdæanmYyrUb nigGnuRbFannaykdæan mYycMnYn tamkarcaM)ac;.

maRta 10 ³ naykdæanFnFanmnusS TTYlbnÞúk ³

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RKb;RKg nigrkSasMNMuÉksarbuKÁlik . TMnak;TMng nigsRmbsRmYlCamYyrdæelxaFikardæanmuxgarsaFarN³ nigRksYg

sßab½nEdlmankarBak;B½n§. erobcM nigcat;karGnuvtþral;lixitbTdæanrdæ)alsMrab;karRKb;RKgGaCIB . eFVIEpnkarkm μFnFanmnusSrYmman ³ kargarpøas;bþÚrParkic©mRnþI kartMelIgzan³

nigkarbnßyzan³mRnþIraCkareRkam»vaTRksYg nig erobcMsMeNIsMukarGnum½t eRCIserIsm®nþIraCkarbEnßm.

erobcMkargarebovtS Rkbx½NÐR)ak;kéRm rbb]btßmÖ bnÞúkRKYsar eKalneya)ay Fanara:b;rgsgÁm rbbsMraklMEh .l.

BinitüsMeNIsMuGnuBaØatc,ab;Qb;sMrakRbcaMqñaM Qb;sMrakBüa)alCMgW nigQb; sMraksYrsuxTukçshB½n§ nigkarQb;sMrakepSg²eTot .

erobcMeKalneya)ayelIksresIr pþl;kitþiys dak;vin½y sþIbenÞas b¤RBmandl; m®nþIraCkareRkam»vaTRksYg Ep¥kelIc,ab;sþIBIshlkçnþik³mRnþIraCkarsIuvilén RBHraCaNacRkkm<úCa.

BieRKaH nigedaHRsayral;bBaðaGviC¢manEdlekItmaneLIg . naykdæanFnFanmnusS dwknaMedayRbFannaykdæanmYyrUb nigGnuRbFannaykdæan mYycMnYn tamkarcaM)ac;.

maRta 11 ³ naykdæanrdæ)al TTYlbnÞúk ³ sRmbsRmYlskmμPaBRKb;fañk; RKb;Epñkrbs;RksYg enAGgÁPaBkNþal nig

rvagGgÁPaBkNþal nigGgÁPaBmUldæan eRkam»vaTRksYg . RKb;RKg nigEckcayÉksarrbs;RksYg nigeFVIr)aykarN_BIskmμPaBkargar

rbs;RksYg . RKb;RKgsNþab;Fñab; snþisux nigsuvtßiPaBrdæ)al. RbmUlpþúMtRmUvkar nig eFVIkmμviFI

cMNaykic©karrdæ)alrbs;RksYg rYmmancMNayRbtibtþikarTUeTA karEfTaM nig CYsCulGKarkariyal½y karpÁt;pÁg;sMPar³brikçakariyal½y karEbgEckeRbg \n§n³ .l.

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cuHbBa©I pþl;GaCJab½NÑ nigecjlixitGnuBaØatdl;esvadwkCBa¢Únqøgkat;tamRBMEdn . TMnak;TMngCamYybNþaRksYg nigGgÁPaBepSg²eTotkñúgsßab½nrdæ sßab½neRkA

rdæaPi)al b¤GgÁkarbreTs nigPñak;garepSg²eTot. erobcMral;BiFIkarpøÚvkar TMnak;TMngCamYyRbB½n§ pSBVpSayBt’man ecjpSay

Bt’man rkSaTukBt’man snñisITkaEst .l. begáIt nigEfTaMRbB½n§suvtßiPaBBt’man nignItiviFIsMrab;GñkeRbIR)as;Bt’man . begáIt EfrkSa eFVIbc©úb,nñPaBCaRbcaM nigeFVI[RbesIrnUvRbB½n§eKhTMB½r Tinñn½y

Bt’man nigRbB½n§pþl;Bt’manrbs;RksYg edIm,IpSBVpSay[)anTUlMTUlay . bMeBjnUvParkic©mYycMnYneToteTAtamkarcaM)ac; .

naykdæanrdæ)al dwknaMedayRbFannaykdæanmYyrUb nigGnuRbFannaykdæanmYycMnYntamkarcaM)ac;. maRta 12 ³ naykdæannItikmμ TTYlbnÞúk³

shkarCamYysßab½nBak;Bn½æedIm,IsikSa RsavRCav Rsg; erobcM tak;Etg nigcg Rkgc,ab; GnuRkwtü saracr Rbkas esckþICUndMNwg EdlBak;B½n§vis½y saFarNkar nigdwkCBa¢Ún .

sikSa vaytMél erobcM nigRKb;RKg kic©snüavinieyaKrYmman ÉkCnnIykm μ pøÚvfñl; s<an esvadwkCBa¢ÚnsaFarN³.l.

RtYtBinitü tamdan nigBRgwgkarGnuvtþc,ab;pøÚvfñl; c,ab;cracrN_ suvtßiPaB cracrN_ RKb;RKgdIcMNIpøÚv nigkardwkelIsTm¶n;kMNt; .

Binitüral;kic©karrbs;RksYg edIm,IFana)annUvkarbMeBjRKb;l½kçx½NÐ RsbeTA tamnItiviFI nigeKalkarN_c,ab;TaMgGs;Edl)ankMNt; .

TTYlBakübNþwgtva: nigbriharrbs;BlrdæTak;Tgkargar EdlsßitkñúgRkbx½NÐ énsmtßkic©rbs;RksYg.

tMkl;Tuk nigEfrkSa ÉksarsMxan;² rYmman RBHraCRkm RBHraCRkwtü GnuRkwtü saracr Rbkas kic©snüavinieyaK karcrca GnusSarN³ nigÉksarepSg²eTot.

bMeBjnUvParkic©mYycMnYneToteTAtamkarcaM)ac; . naykdæannItikmμ dwknaMedayRbFannaykdæanmYyrUb nig GnuRbFannaykdæanmYycMnYntamkar caM)ac;.

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CMBUk 5

GKÁnaykdæanRKb;RKgbec©keTs maRta 13 ³ GKÁnaykdæanRKb;RKgbec©keTsdwknaMedayGKÁnaykmYyrUb nigGKÁnaykrgmYycMnYn

eTAtamkarcaM)ac; nigRtUvGnuvtþtammuxgardUcEdlmanEcgenAkñúgnaykdæanrbs;xøÜn tamRkbx½NÐEdl)ankMNt;GMBItYnaTI nigParkic©rbs;RksYgsaFarNkar nigdwkCBa¢Ún.

maRta 14 ³ naykdæanlT§kmμ TTYlbnÞúk ³ erobcM nigeFVIkic©karlT§kmμEdlhirBaØb,TanedayraCrdæaPi)al tamnItiviFIlT§kmμ

Edl)ankMNt; edIm,IFana)annUvPaBc,as;las;RtwmRtUv karsnSMsMéc nig RbsiT§iPaB énkaredjéføTMnij kargarsagsg; eRCIserIsTIRbwkSabec©keTs nig esvakmμepSg²eTot.

eróbcM nigeFVIkic©karlT§kmμEdlhirBaØb,Tanedaysßab½npþl;TuneRkARbeTs b¤ Pñak;garCMnYyeTVrPaKI¼BhuPaKI tamnItiviFIlT§kmμkñúgkic©RBmeRBog\NTan b¤ CMnYyrvagm©as;Tun b¤Gñkpþl;CMnYy CamYynwgraCrdæaPi)alénRBHraCaNacRk km<úCa edIm,IFana)annUvPaBc,as;las;RtwmRtUv karsnSMsMéc nigRbsiTi§PaBénkaredj éføTMnij kargarsagsg; eRCIserIsTIRbwkSabec©keTs nigesvakm μepSg²eTot.

pþl;Gnusasn_RbKl;kic©snüa dak;CUnKN³km μaFikarlTækm μ nig fñak;dwknaM RksYgBinitü nigseRmc.

RKb;RKgkic©snüapÁt;pÁg;TMnij nigesvakmμepSg²eTotsMrab;kargarénnaykdæan lT§kmμpÞal; .

bMeBjnUvParkic©mYycMnYneToteTAtamkarcaM)ac; . naykdæanlT§kmμdwknaMedayRbFannaykdæanmYyrUb nigGnuRbFannaykdæanmYycMnYn tamkarcaM)ac;.

maRta 15 ³ naykdæanbNþúHbNþal TTYlbnÞúk ³

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sikSa nigvaytMéltRmUvkarsMrab;karksag nigbegáInnUvsmtßPaBFnFanmnusS

sMrab;mRnþIeRkam»vaTRksYg . GnuvtþkarbNþúHbNþal nigeFVIviRkitkarCaRbcaMdl;m®nþIeRkam»vaTRksYg tammUl

dæanRKwH nigCMnajÉkeTsnana edayepþatelIkarGnuvtþCak;Esþg . eRCIserIs nigvaytMélsmtßPaBm®nþIraCkareRkam»vaTRksYg edIm,IbNþúHbNþal

kñúg nigeRkARbeTs . GnuvtþkarbNþúHbNþalry³eBlxøI ry³eBlmFüm ry³eBlEvg edayshkar

CamYysßab½n GgÁkarCati nigGnþrCati . erobcMkmμviFIbNþúHbNþald¾TUlMTUlaymYy edIm,IeFVIkarhVwkhVWnm®nþIfñak;dwknaM

nUvmuxviC¢aEdlBak;B½n§nwgkarRKb;RKgvis½ysaFarNkar nigdwkCBa¢Ún Bt’manviTüa nigmuxviC¢adéTeToteTAtamkarcaM)ac; .

eFVIkarsÞg;mti nigtamdanelIvKÁbNþúHbNþalnimYy² . RKb;RKgbNÑal½y RKwHsßanGb;rM b¤mCÄmNÐlGb;rMbec©kviTüa EdlsßiteRkam

»vaTRksYg . RKb;RKg ]btßmÖ nigpÁt;pÁg;PsþúParsMrab;karbNþúHbNþal . erobcMTUTat;kéRmesvakmμbNþúHbNþaldl;sßab½nGb;rMepSg²TaMgkñúg nigeRkARbeTs.

naykdæanbNþúHbNþaldwknaMedayRbFannaykdæanmYyrUb nigGnuRbFannaykdæan mYycMnYn tamkarcaM)ac;.

maRta 16 ³ naykdæanKaMBarbrisßan nigsgÁm TTYlbnÞúk³ RtYtBinitü nigvaytMélplb:HBal;brisßan nigsgÁmelIRKb;KMeragkarvinieyaK

vis½ysaFarNkar nigdwkCBa¢Ún edayEp¥ktamniyamnItiviFIbec©keTsEdl)an kMNt;[eRbIR)as;edayRksYg .

Gb;rMpSBVpSayCasaFarN³nUvkaryl;dwgGMBICMgWeGds_ RKab;mIn nigRKab;minTan; pÞúH elIRKb;KMeragkarvinieyaKvis½ysaFarNkar nigdwkCBa¢Ún edayEp¥ktam niyamnItiviFIbec©keTs Edl)ankMNt;[eRbIR)as;edayRksYgsuxaPi)al GaCJaFrmInkm<úCa nig niyamGnþrCatidéTeTot .

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bMeBjnUvParkic©mYycMnYneToteTAtamkarcaM)ac; .

naykdæanKaMBarbrisßan nigsgÁm dwknaMedayRbFannaykdæanmYyrUb nig GnuRbFannaykdæan mYycMnYn tamkarcaM)ac;.

maRta 17 ³ naykdæansvnkm μbec©keTs TTYlbnÞúk³ eFVIsvnkm μbec©keTskñúgGMLúgeBlsagsg; nigeBlbBa©b;kargarsagsg; . eFVIkarbkRsayBIsþg;dar nigpþl;karENnaMEpñkbec©keTs . pþl;karENnaM nigkMNt;BIkareRbIR)as;sþg;dar esovePAbnÞúk EdlsmRsbeTAnwg

sßanPaBCak;Esþgrbs;RBHraCaNacRkkm<úCa . pþl;CMnajkar nigGnusasn_dl;naykdæankñúgRksYg k¾dUcCaRksYg nigsßab½n

déTeTot ral;bBaðabec©keTsEdlBak;B½n§nwgvis½ysaFarNkar nigdwkCBa¢Ún . pþl;karÉkPaB nigGnum½telIral;KMeragsikSa nigKUrbøg; énkic©karsaFarNkar

nigdwkCBa¢Ún rbs;;RKb;sßab½nkñúg nigeRkArdæaPi)al eFVIy:agNa[Rsbtamniyam bec©keTskMNt;edayRksYg .

edaHRsayCemøaHbec©keTssMrab;RksYg k¾dUcCasßab½nkñúg nigeRkArdæaPi)al déT eTotelIral;kic©karsaFarNkar nigdwkCBa¢Ún edayEp¥kelIl½kçx½NÐkMNt; Cak;lak;.

CMnYykarCMnajbec©keTssMrab;RksYgsaFarNkar nigdwkCBa¢Ún . naykdæansvnkm μbec©keTs dwknaMedayRbFannaykdæanmYyrUb nigGnuRbFannaykdæanmYy cMnYntamkarcaM)ac;.

maRta 18 ³ naykdæanbec©keTssikSabøg; nigRtYtBinitükarsagsg;; TTYlbnÞúk ³ sikSa nigKUrbøg;bec©keTsBak;B½n§nwgkic©karsaFarNkar nigdwkCBa¢Ún . RtYtBinitü sikSa nig)a:n;RbmaNtémøsMrab;RksYg Bak;B½n§nwgkic©karsaFarNkar

nigdwkCBa¢Ún . RtYtBinitükargarsagsg;rbs;RksYg Bak;B½n§nwgkic©karsaFarNkar nigdwkCBa¢Ún. bMeBjnUvParkic©mYycMnYneToteTAtamkarcaM)ac; .

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naykdæanbec©keTssikSabøg; nigRtYtBinitükarsagsg; dwknaMedayRbFannaykdæanmYyrUb nigGnuRbFannaykdæanmYycMnYn tamkarcaM)ac;.

CMBUk 6 GKÁnaykdæansaFarNkar nigdwkCBa¢ÚntMbn;1 tMbn;2 tMbn;3

maRtaTI 19 ³ GKÁnaykdæansaFarNkar nigdwkCBa¢ÚnRtUv)anEbgEckCabIEdlmaneQμaHfa GKÁnaykdæan saFarNkar nigdwkCBa¢ÚntMbn;1 tMbn;2 tMbn;3. GKÁnaykdæanén tMbn;nimYy² RtUv Gnuvtþtammuxgar dUcEdlmanEcgenAkñúgnaykdæan nigmnÞIrsaFarNkar nigdwkCBa¢Ún raCFanI-extþ rbs;xøÜntamRkbx½NÐEdl)ankMNt;GMBItYnaTI nigParkic©rbs;RksYg saFarNkar nigdwkCBa¢Ún. mnÞIrsaFarNkar nigdwkCBa¢ÚnéntMbn;1 tMbn;2 tMbn;3 dUc manEcgkñúgmaRta2 KWsßiteRkamkarRKb;RKg nigdwknaMrbs;GKÁnaykdæan saFarNkar nigdwkCBa¢Únén tMbn;1 tMbn;2 tMbn;3 tamelxlMdab;éntMbn;EdlxøÜnsßitenA.

GKÁnaykdæansaFarNkar nigdwkCBa¢ÚntMbn;nimYy² RtUvRKb;RKgedayGKÁnaykmYyrUb nig GKÁnaykrgmYycMnYn eTAtamkarcaM)ac;.

maRta 20 ³ naykdæansaFarNkartMbn;1 tMbn;2 tMbn;3 TTYlbnÞúk ³ Ep¥ktamEpnkarem Epnkarry³eBlEvg-mFüm-xøI RtUverobcMEpnkarGnuvtþkar

sagsg; CYsCul nigEfTaMRbcaMqñaMral;kic©karsaFarNkarrYmman Gakasyandæan pøÚvCati pøÚvextþ pøÚvRsuk s<an sil,karpøÚvfñl; sYnc,arsaFarN³ cMNtrfynþ søaksBaØacracrN_ rgVg;mUl Eps¶Üt kMBg;EptamdgTenø sÞwg kMBg;dr .l. kñúg tMbn;EdlsßiteRkamkarRKb;RKgrbs;xøÜn .

Gnuvtþkargarsagsg; nigEfTaM ral;kic©karsaFarNkar rYmman Gakasyandæan pøÚvCati pøÚvextþ pøÚvRsuk s<an sil,karpøÚvfñl; sYnc,arsaFarN³ cMNtrfynþ søaksBaØacracrN_ rgVg;mUl Eps¶Üt kMBg;EptamdgTenø sÞwg kMBg;dr .l.

RtYtBinitü nigvaytMélelIynþkarkarBarsuvtßiPaBbrisßan nigsgÁm. RKb;RKgRTBüsm,tþienAtamtMbn;EdlCakmμsiT§irbs;RksYgEdlmandUcCasMPar³

brikça m:UtU nigsMPar³epSg²eTot .

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GnuvtþkargarlT§kmμkñúgtMbn;rbs;xøÜneTAtamkRmitEdl)ankMNt;edaynaykdæan

lT§kmμfñak;kNþal . Gnuvtþkargarrdæ)alEdlrYmman kic©shRbtibtþikar nigsRmbsRmYlCamYynwg

mnÞIrsaFarNkar nigdwkCBa¢ÚnraCFanI-extþ cMeBaHkargarEdlTak;TgeTAnwg kic©karsaFarNkar .

GnuvtþkargarhirBaØvtßú nigKNenyüEdlBak;B½n§nwgKMerag k¾dUcCaRtYtBinitü cMNUl-cMNay CaRbcaMeTAtamk,Ünc,ab; nigkarENnaMrbs;RksYg.

naykdæansaFarNkartMbn;1 tMbn;2 tMbn;3 dwknaMedayRbFannaykdæanmYyrUb nig GnuRbFannaykdæanmYycMnYn tamkarcaM)ac;.

maRta 21 ³ naykdæandwkCBa¢ÚntMbn;1 tMbn;2 tMbn;3 TTYlbnÞúk ³

cuHbBa¢I nig RtYtBinitülkçN³sm,tþiyanynþ nigesvadwkCBa¢ÚnRKb;RbePT tam pøÚveKak pøÚvTwk nigpøÚvsmuRT .

RKb;RKgsNþab;Fñab; nig suvtßiPaBcracrN_ edayeFVIkarshkar sRmbsRmYl CamYysßab½n nigGaCJaFrBak;Bn½§ .

erobcM nigpþl;GaCJab½NÑ sMrab;meFüa)ay nigesvadwkCBa¢ÚntampøÚveKak pøÚvTwk nigpøÚvsmuRT .

sikSa nigRKb;RKgTinñn½ycracrN_ skm μPaBdwkCBa¢Ún nigGñkpþl;esvadwkCBa¢Ún. GnuvtþkargarlT§kmμkñúgtMbn;rbs;xøÜn eTAtamkRmitEdl)ankMNt;edaynaykdæan

lT§kmμfñak;kNþal . GnuvtþkargarhirBaØvtßú nigKNenyüEdlBak;B½n§nwgKMerag k¾dUcCaRtYtBinitü

cMNUl-cMNay CaRbcaMeTAtamk,Ünc,ab; nig karENnaMrbs;RksYg. Gnuvtþkargarrdæ)alEdlrYmman karRtYtBinitü nigkarsRmbsRmYlCamYynwg

mnÞIrsaFarNkar nigdwkCBa¢ÚnraCFanI-extþ cMeBaHkargarEdlTak;TgeTAnwg kic©kardwkCBa¢Ún.

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naykdæandwkCBa¢ÚntMbn; 1 tMbn; 2 tMbn; 3 dwknaMedayRbFannaykdæanmYyrUb nig GnuRbFan naykdæanmYycMnYn tamkarcaM)ac;.

maRta 22 ³ naykdæannavaCMnYjsmuRT TTYlbnÞúk ³ kargarrdæ)alTUeTAénkgnavaCMnYjrbs;rdæ nigRKwHsßansaFarN³rbs;rdæ ³

RKb;RKgkargardwkCBa¢ÚneTogTat;tampøÚvsmuRT nigRtYtBinitükarGnuvtþ bTbBa¢a RtYtBinitü navavicarkic©eRkAkic©RBmeRBog .

RsavRCavedIm,IbBa©Úlnavavicarkic©rbs;rdækñúgclnadwknaMtamÉkeTs . sikSa nigvaytémøKuNPaBnigbrimaNtRmUvkarrbs;rdæsþIBIkgnavaCMnYj . sikSaedIm,Itavkalikl¥énnavavicarkic©rbs;rdæ . RsavRCavviTüasaRsþnwgbec©keTssþIBITsSnaTannava . ENnaMÉksarbec©keTsCMnYjdl;karvinieyaKnavacrN_ . erobcMEbbbTGMBIlkçnþik³navasmuRT .

kargarshRbtibtþikarpøÚvsmuRTkñúgtMbn; nigGnþrCati ³ tak;Etg nigesñImUldæanbec©keTsénkic©shRbtibtþikarpøÚvsmuRTkñúgtMbn;

nig GnþrCati . RKb;RKgkic©shRbtibtþikarpøÚvsmuRTkñúgtMbn; nigGnþrCati . RKb;RKgkic©RBmeRBogeTVPaKIénkic©shRbtibtþikarkñúgvis½ydwkCBa¢ÚntampøÚv

smuRT . crcaCaGnþrCatikñúgvis½ydwkCBa¢ÚnsmuRT

RKb;RKgviCa¢CIv³EdlBak;B½n§kñúgkardwkCBa¢ÚntampøÚvsmuRT nig bMeBjnUvParkic© mYycMnYneToteTAtamkarcaM)ac; .

naykdæannavaCMnYjsmuRT dwknaMedayRbFannaykdæanmYyrUb nigGnuRbFannaykdæanmYycMnYn tamkarcaM)ac;.

maRta 23 ³ naykdæanpøÚvEdktMbn;1 tMbn;2 tMbn;3 TTYlbnÞúk ³

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sikSa nigerobcMKMeragEpnkarlMGitsMrab;karsßabnaf μ I CYsCul nigEfTaM ral;ehdæa

rcnasm<½n§ nigesvakmμdwkCBa¢ÚnpøÚvEdk kñúgtMbn;nimYy²EdlsßiteRkamkar RKb;RKgrbs;xøÜn .

GnuvtþkmμviFI sMrab;karsßabnaf μ I CYsCul nigEfTaM ral;ehdæarcnasm<½n§ nig esvakmμdwkCBa¢ÚnpøÚvEdk kñúgtMbn;nimYy² EdlsßiteRkamkarRKb;RKgrbs;xøÜn .

shRbtibtþikarCamYysßab½npøÚvEdkénRbeTsCitxag nigdéTeTot edIm,IFana dl;vis½ydwkCBa¢ÚnpøÚvEdk .

erobcMnItiviFI nigeKalkarN_GnuvtþsMrab;RKb;RKgdMeNIrkarpøÚvEdk . erobcMnItiviFI nigeKalkarN_GnuvtþsMrab;CMrujkarvinieyaK nigkareFVIÉkCn

PavUbnIykm μ vis½ydwkCBa¢ÚnpøÚvEdk . bMeBjnUvParkic©mYycMnYn eToteTAtamkarcaM)ac; .

naykdæanpøÚvEdktMbn;1 tMbn;2 tMbn;3 dwknaMedayRbFannaykdæanmYyrUb nigGnuRbFan naykdæanmYycMnYn tamkarcaM)ac;.

CMBUk 7

xuTÞkal½yrdæmRnþI maRta 24³ xuTÞkal½yrdæmRnþITTYlbnÞúkebskkmμTaMgLay EdlkMNt;tambTb,BaØtþiénGnuRkwtü elx

20 GnRk>bk cuHéf¶TI30 Exemsa qñaM1996 dUcmaneyagkñúgmUlbTxagelI sþIGMBIkarerobcM nigkarRbRBwtþieTArbs;RksYg nigrdæelxaFikardæan .

CMBUk 8

GgÁPaBmUldæan maRta 25³ mnÞIrsaFarNkar nigdwkCBa¢ÚnraCFanI-extþ EdlsßiteRkamkarRKb;RKg nigdwknaMdUc

manEcgkñuúgmaRta19 manrcnasm<½n§ nigParkic© dUc)ankMNt;enAkñúgRbkaselx 344

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cuHéf¶TI31 ExsIha qñaM2001 rbs;RksYgsaFarNkar nigdwkCBa¢Ún. RbkasenHGacnwg RtUveFVIkarEksMrYl nigecjRbkasCaf μ IedayrdæmRnþI eGayRsbeTAtamGnuRkwtüenH .

CMBUk 9

shRKassaFarN³ maRta 26 ³ shRKasEdlRKb;RKgedayrdæ nigshRKassVy½txageRkamsßitenAeRkamkar

RKb;RKg rbs;RksYgsaFarNkar nigdwkCBa¢Ún ³ k¼ shRKassaFarN³eRkamGaNaBüa)almanlkçnþik³rYcehIy ³

1> kMBg;EpsVy½tPñMeBj ¬GnuRkwtüelx 51¼GnRk>bk cuHéf¶TI 17 kkáda 1998 sþIBIkarbegáItkMBg;EpsVy½tPñMeBj k>s>P¦

2> kMBg;EpsVy½textþRBHsIhnu ¬GnuRkwtüelx 50¼GnRk>bk cuHéf¶TI 17 kkáda 1998 sþIBIkarbegáItkMBg;EpsVy½textþRBHsIhnu k>s>k¦

3> Pñak;garkm<úCanavacr ¬GnuRkwtüelx 81¼GnRk>bk cuHéf¶TI 30 sIha 1999 sþIBIkarbegáItshRKassaFarN³Pñak;garkm<úCanavacr ehAfa kaMsab¦

4> mnÞIrBiesaFn_sMNg; nigsaFarNkar ¬GnuRkwtüelx 15¼GnRk>bk cuHéf¶TI 24 kumÖ³ 1997 sþIBIkarbegáItmnÞIrBiesaFn_sMNg; nigsaFarN³ m>B>s>s¦

x¼ shRKassaFarN³eRkamGaNaBüa)al EdlnwgRtUvmanlkçnþik³kMNt;enAeBlxagmux ³

cMlgtamGnuRkwtü 14 CabeNþaHGasnñ

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5> mCÄmNÐlGb;rMbec©kviTüaraCaysμ½yyankm<úCa ¬esckþIsMercelx05 ssr cuHéf¶

TI20 mkra 1999 sþIBIkarbegáItmCÄmNÐlGb;rMbec©kviTüaraCaysμ½y yankm<úCa¦ 6> raCaysμ ½yyankm<úCa 7> kMBg;cMlgsMxan;² 8> Rkumh‘undwkCBa¢Únedayrfynþ 9> Rkumh‘undwkCBa¢ÚnGñkdMeNIr 10> naykdæansMPar³ 11> salabeRgonebIkbrrfynþþ 12> shRKasRkYs xSac; sagsg; 13> shRKassMNg;sil,karü 14> eragCagCYsCulrfynþ 7 mkra 15> Rkumh‘unkm<úCanavadwkCBa¢Ún ¬kaMRtg;sIub¦ 16> eragcRkGareQI 17> eragcRkL\dæ - CYlTItaMg[ÉkCn

CMBUk 10

GgÁPaBRtYtBinitühirBaØvtßú maRta 27 ³ GgÁPaBRtYtBinitühirBaØvtßúRtUv)anbegáIteLIgedayRksYgesdækic© nighirBaØvtßúeTAtam

GnuRkwtüelx 81 cuHéf¶TI16 Exviciäka qñaM1995 sþIBIkarRtYtBinitühirBaØvtßúelIkarcMNay fvikardæeTAtamRksYg. GgÁPaBenHmanParkic©mYycMnYndUc)ankMNt;kñúgGnuRkwtü Edl )anelIkeLIgenH.

CMBUk 11 GvsanbBaØtþi

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maRta 28 ³ bNþanaykdæan nigkariyal½yEdlmanRsab; nigsßitenAeRkamkarRKb;RKg nigdwknaM

rbs;GKÁnaykdæansaFarNkar GKÁnaykdæandwkCBa¢Ún GKÁnaykdæanEpnkar RtUv eFVIkarEbgEck nigerobcM[)ansmRsbeTAtamrcnasm<½n§fμ I énGnuRkwtüenH.

maRta 29 ³ RksYg RtUvecjRbkasdac;edayELkmYy sþIGMBIkarerobcM nigkarRbRBwtþieTArbs; naykdæan mnÞIrsaFarNkar nigdwkCBa¢ÚnraCFanI -extþ nigkariyal½yRsuk-x½NÐ CabnÞan; bnÞab;BIGnuRkwtüenHcUlCaFrman .

maRta 30 ³ bTb,BaØtþiTaMgLayNa EdlpÞúynwgGnuRkwtüenHRtUvTukCanirakrN_. maRta 31 ³ rdæmRnþITTYlbnÞúkTIsþIkarKN³rdæmRnþI rdæmRnþIRksYgsaFarNkar nigdwkCBa¢Ún rdæmRnþI nig

rdæelxaFikarTaMgGs;EdlmankarBak;B½n§ RtUvTTYlbnÞúkGnuvtþtamParkic©erog²xøÜn . maRta 32 ³ GnuRkwtüenHcUlCaFrmancab;BIéf¶cuHhtßelxaenHteTA .

raCFanIPñMeBj, éf¶TI Ex qñaM2010 naykrdæmRnþI

)aneKarBCUn³ semþcGKÁmhaesnabtIeteCa naykrdæmRnþI

rdæmRnþIRksYgsaFarNkar nigdwkCBa¢Ún

RtaM GIuvtwk cMlgCUn³

- xuTÞkal½yRBHmhakSRt

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- GKÁelxaFikardæan rdæsPa - RKb;RksYg sßab½nkNþal - RKb;salaextþ-Rkug - dUcmaRta 31 - Éksar-kalb,vtþi

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Annex-11 Draft Prakas Page 193

Annex 11

Draft of Prakasa for Promulgation of Standard Guidelines for Environmental and Social Safeguards Compliance

KINGDOM OF CAMBODIA

Nation – Religion – King

Ministry of Public Works and Transport

No--------------------- Phnom Penh----------------2010

PRAKAS

On

Promulgation of the Standard Operating Procedures for Monitoring of Compliance with Environmental and Social Safeguards Framework in the Implementation of Ministry

Projects, particularly for Road Assets Creation and Maintenance

Minister of Public Works and Transport

Having seen the Constitution of the Kingdom of Cambodia, particularly Articles 44 and 59

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Having seen the Royal Decree No NS/RKM/0704/124 dated July 15, 2004 on the Appointment of the Royal Government of Cambodia

Having seen the Royal Decree No 02/NS/94 of July 20, 1994 on the Organization and Functioning of the Council of Ministers

Having seen the Royal Decree No No 0196/03 NS/RKM of January 24, 1996 on the Establishment of the Ministry of Public Works and Transport

Having seen the Royal Decree on the Establishment and Demarcation of Protected Areas dated November 01, 1993

Having seen Royal Decree of May 23, 1995 concerning Teritorial Management, Urban Planning and Construction

Having seen the Law on Environmental Protection and Natural Resource Management, Kram NS/KRM/1296/36 dated December 24, 1996

Having seen the Forestry Law Kram NS/ RKM/0802/016 dated August 31, 2003

Having seen the Land Law of August 2001 Having seen the Sub-decree No 14ANK-BK/03/03/98 of March 03, 1998 on

the organization and functioning of the Ministry of Public Works and Transport

Having seen the Sub-decree on Community Forestry Management No 79/NK/BK of Dec 20, 2003

Having seen Sub-decree on Environmental Impact Assessment Process No 72/ANRK/BK

Having seen Sub-decree No 42/ANRK/BK dated July 10, 2000 on Air Pollution Control and Noise Disturbance

Having seen Sub-decree on Water Pollution Control No 27/ANRK/BK of April 06, 1999

Having seen Resettlement Policy Framework o RP 146 of June 2003 of the Ministry of Public Works and Transport

Pursuant to the necessity of the Ministry and the Agreements with the World Bank and the Asian Development Bank

DECIDES

ARTICLE 1: To Promulgate the Standard Operating Procedures for monitoring of Compliance with the imperatives of the Environmental and Social Safeguards Framework, as attached to this Prakas.

ARTICLE 2: To make mandatory the use of these procedures for all projects of the Ministry of Public Works and Transport, however funded

ARTICLE 3: General Secretariat, Cabinet, all relevant General Directorates and Departments of the Ministry of Public Works and Transport and all relevant Executing Agencies shall comply with this Prakas, effective from the date of signature appended hereto.

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Minister of Public Works and Transport

Signature and Seal

Tram Iv Tek

Recipients:

-Office of the Council of Ministers

-All related General Directorates and Departments

-All related line Ministries and institutions

-Archives

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Annex-12 Training Plan Page 196

Annex 12

Guideline on Preparation of Training Plan

1. INTRODUCTION

1.1 Goals of the Training Plan

The objective of the Training Plan is to define the strategies, tasks, and methods that will be used to meet the training requirements. The goals of the training plan are:

*** Delineate specific goals that clearly communicate the scope of the Training Plan. ***

1.2 Overview of the Training Plan

This document defines the Training Plan for *** Organization/Department ***. The Training Plan is a working document. It is revised on a continuous basis as decisions are made and issues are resolved. The document is organized as follows:

• Training Scope. Clearly states a list of the objectives and goals of the training, as well as a list of assumptions.

• Training Offerings. Describes the offerings that define the training, including the training groups, types of training, training approach, training curricula, training schedule, and logistical information.

• Roles and Responsibilities. Presents the roles and responsibilities of the staff responsible for preparing, conducting, and evaluating the training, and includes a clear definition of the resources and a work plan.

• Contingency Plan. Identifies anticipated contingencies and details a plan for each contingency.

• Training Material Design, Standards, and Guidelines. A copy of the Training Material Design, Standards, and Guidelines that will be used to prepare the training materials.

2. TRAINING SCOPE

2.1 Training Goals and Objectives

The objectives of the training are:

*** List the objectives of the training in point form. In stating the objectives, clearly indicate the scope of the training. ***

To achieve these objectives, the following goals are established:

*** List the goals that are set in order to achieve the outlined objectives. ***

2.2 Assumptions

The training strategies, activities, and methods are predicated upon the following assumptions:

*** Provide a list of assumptions in point form. ***

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3. TRAINING OFFERINGS

The parameters for training staff on the use of *** Organization/Department *** are specified. The following offerings are described:

• Training Groups • Types of Training • Training Approach • Training Curricula • Training Schedule • Logistical Information

3.1 Training Groups

This section describes the groups to be trained, including the title of the training group, types of staff, the type(s) of training, and the number of staff.

*** Provide a summary of this information in point form. Some information may be general in the early stages of the plan, (e.g., the types of training may start out as a description and become a title as the types of training are determined, and the number of staff may be an estimate until actual numbers are obtained. ***

Table 3-1 - Staff to be Trained

Training Group Name:

Type(s) of Training:

Types of Staff

Location Name of Type

Name of Type

Name of Type

Name of Type

Total

Location # # of staff

Location # # of staff

Total

3.2 Types of Training

This section describes the types of training to be delivered for each training group, including the title of the training, brief description of the training, any prerequisites, and the length of the training.

*** Provide a table that lists the types of training for each training group. ***

Table 3-2 - Types of Training

Training Group:

Training Title

Prerequisites Length Description

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3.3 Training Approach

For each type of training, this section describes how the training will be delivered, including the methods to be used, the communication medium, techniques, tools, and aids.

*** Provide a table or list in point form that delineates the approach for each type of training for each training group. ***

Table 3-3 - Training Approach

Training Group:

Training Title:

Method

Medium

Techniques

Tools

Aids

3.4 Training Curricula

This section describes the curriculum for each type of training, including a list of topics, a description of each topic, training objectives for each topic, the length of time allotted for the presentation of the topic, the delivery method and medium if there are various ones used within the course, and a preliminary agenda for each day of training.

*** Provide a table or list in point form. Some information may be general in the early stages of the plan, (e.g., the definition of the curriculum for each type of training begins with a list of the topics, which can then be reviewed and refined before the rest of the information is added). ***

Table 3-4 - Training Curriculum

Type of Training:

# Topic Description Objectives Length Method/Medium

3.5 Training Schedule

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For each type of training, this section itemizes the parameters that affect the training schedule, describes how the schedule was derived, and details what the schedule is.

*** Provide the training parameters in table or point form, as well as a narrative description of how the schedule was derived, and a spreadsheet of the actual schedule for each type of training. The schedule information becomes more specific as information is gathered. In the early stages, attendees are often identified as a total number. Eventually, a roster is added to identify the names of the students who are required to attend instructor-led training or are required to complete a computer-based training course. ***

Table 3-5 - Training Parameters

Item Parameter

Type of Staff to be Trained

Type of Training

Amount of Time Allotted

Number of Training Sites

Number of Classrooms

Number of Trainees

Number of Trainers

Length of Each Session

Recommended Classroom Size

Amount of Equipment

Travel Time and Holidays

Special Circumstances

3.6 Training Logistics

This section identifies logistical information based on the requirements for the defined training offerings. The logistical information includes a list of the equipment and supplies required.

*** Provide a list of the equipment and a list of the supplies required to accommodate the types of training defined in the previous processes. In early iterations of the document this section may not appear, because applicable requirements, such as the number of trainees per course, have not been established. In some situations, there may be appropriate equipment and supplies available, though not necessarily enough. For these circumstances, an inventory of the items can be provided with an indication that additional equipment and supply needs will be determined after the training offerings are further defined. ***

4. ROLES AND RESPONSIBILITIES

This section details the roles and responsibilities of the personnel responsible for preparing, conducting, and evaluating the training for *** System Name ***.

4.1 Resources

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This section describes the roles of those involved, the individuals who will fulfill the roles, and their area of responsibility.

*** Provide an organizational chart of the training team structure and any other pertinent organizations, such as the steering committee. Identify each type of training resource, including a description of their role and responsibilities, and list the staff members assigned to that role. ***

4.2 Work Plan

This section provides a chronological list of the activities and tasks that must be accomplished to prepare, conduct, and evaluate the training. The work plan section shows the key person responsible for completing each activity and task, and the expected start and completion dates for each activity and task.

*** If Training is related to a specific Project, then excerpts from the Project Management Plan [for instance in the case of RAMP, excerpts from the relevant part of the PIP showing the need for training, can be included. ***

5. CONTINGENCY PLAN

This section outlines the procedure to be followed when handling emergencies. For each contingency the following information is provided:

· Purpose. Identifies the contingency, the conditions under which the contingency plan will be implemented, and the intended results of the implementation of the contingency plan.

· Procedures. Provides step by step instructions on how to implement the contingency plan.

5.1 Contingencies

*** In a table or point form, identify each contingency (e.g., system failure, equipment failure, sick instructor), the conditions under which the contingency plan will be implemented, and the intended result of the contingency action. ***

Table 5-1 - Contingencies

Contingency Condition for Action

Contingency Action

Intended Result

5.2 Contingency Plan Procedures

*** For each contingency, prepare, in point form, detailed instructions for implementation of the contingency plan. ***

Table 5-2 - Contingency Procedures

Contingency: Person Responsible:

Step Number Procedure

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TRAINING MATERIAL DESIGN, STANDARDS, AND GUIDELINES

The following is a copy of the design, standards, and guidelines that will be used during the preparation of the training materials.

*** Provide a copy of the design, standards, and guidelines that will be used to guide the training preparation process. ***

*** Document the design parameters in one page, using a table format or list in point form. ***

Table A-1 - Training Materials Design Parameters

Approach

Medium

*** Size of the annotated table of contents, structure, or storyboard depends on the number of topics in the training materials. On average, each section can be described in one to two paragraphs. ***

*** Prepare a prototype that is small enough to be completed in a short period of time, but include a variety of examples of the standards and procedures that will be used to produce the training materials. The format of the prototype depends on the medium selected, (e.g., a written document or graphic should be produced for paper training materials and software for on-line training materials). ***

*** Include copies of the presentation rules, layout template(s), and grammar, punctuation, and terminology standards as appendices. The size of the appendices depends on the number of rules, templates and standards that will be used. Presentation rules are normally two to three pages. Layout templates are normally one page each. The grammar, punctuation, and terminology standards average two to 20 pages. ***

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Annex 13

Approach and Methodology for Organizational Interventions

Issues and Challenges

1. It was remarked in the previous section that a number of issues have been considered important, so far as organizational effectiveness is concerned, by the various senior officials who have been consulted during the initial rounds of meetings. Some of these were mentioned in the previous section. 2. For the sake of ease of understanding, the issues are re-classified in this section. The way that these issues are addressed will be the fundamental test of whether the suggested structure [as it finally emerges] will actually increase organizational effectiveness or not. It must be stated quite unambiguously however, that whatever structure is finally adopted by the Ministry, it has to be in consonance with the cultural premises of the country as also the existing reality of the governmental set-up. By no means can something be assumed to happen that would lay the existing structure, procedures, flow of authority etc. totally by the wayside. 3. The Issues in restructuring therefore, can be restated in terms of the cultural givens as discussed above and general observations on the organization through the initial rounds of meetings with Ministry officials, as follow:

a. No separation of Policy and Executive functions – The Ministry structure is rather broad at the top and then narrows down from the senior-middle level downwards, and expands again at the middle and lower levels. At the top, below the Minister, there are seven Secretaries of State and seven Under Secretaries of State. Below this level, which forms the top-most level, there are Four Directors-General followed by approximately twelve Deputy Directors General. Below them are a number of Directors. The Organization Chart of the Ministry is shown in Annex 1. Given the above structure it is natural that some of the executive functions would travel upwards. Thus both Finance and Accounts and Human Resources [especially appointments and promotions] have become the functions of the top-most level. And the top-most level, instead of concerning itself solely with Policy, gets bogged down with executive actions. A general description of the functions of each of the Directorates and the Departments under them is shown in Annex 5.

b. Weak Line Departments - There is a need to strengthen the functioning of the Ministry line departments so that they can handle both donor-funded projects and regular government funded projects with equal effectiveness. Currently there is a practice of setting up PIUs and PMUs whenever there is a new project. The reason for this, from the point of view of the donors-especially like the World Bank or the ADB, is obvious. Before a project can be approved, the donor would like to be assured that the Procurement and Financial Management guidelines mandated by the Donor, would be followed. This presumes Ministry capacity to handle these functions within their line departments. However, such capacity does not exist as of date. Therefore, the project units are set up. The resultant is that the project functionaries are paid higher than regular civil servants and there

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is a schism within the Ministry. At the same time, the project functionaries are not permanent employees of the Government, and feel no need to pass on their knowledge or skills to the regular employees, perhaps fearing that such an action would lower their own value in the eyes of the Government and the donor. This is a vicious cycle and only serves to widen the rift that has already been created. The bottom line is that the line departments themselves are not strengthened. Partly, this is the result of the fact that government salaries are low. Thus even when personnel are recruited for a specialized function, they leave their jobs soon enough. So far all such efforts have ended in nought. For instance, in 1993, special training was provided to the Planning Department on Rehabilitation, but the personnel who were trained left within a year. The effort was revived in 1997 when a Transport Planning Unit was established with the assistance of SIDA [the Swedish Agency for development assistance]. The TPU ran for one year, the time for which the assistance was provided. 12 persons had been trained during the exercise; only 3 now remain – dispersed into different functional areas. In 2000, the Minister wanted to upgrade the Planning Department to a Directorate. The idea was supported by CIDA [the Canadian Agency] and the ADB. This did not happen. And it took six years to allot a reasonable number of positions to the Planning Department, though the number of properly skilled persons was still not available. The maximum number for the Planning Department has been 32. Today, 14 remain. This includes the Director, three Deputy Directors and seven Chiefs of Office. There are only three staff. The structure of the Planning Department is shown in Annex--.

c. Unproductive Establishment of Special Functional Units -Attempts to establish specialized units within the Directorates or Departments have not been very successful, partly because they were established without a clear direction, but also because the qualified and skilled persons recruited for these units found the atmosphere to be stifling – both because of low salaries and few facilities and perquisites, as well as other reasons. And they left their jobs at the first opportunity. A Social and Environmental Unit under the Department of Planning, was established with much fanfare. In 2009, the Unit was upgraded to an Office through a Decree and has now come to be called the Environment and Social Office [ESO]. It has a Chief of Office only, and no staff. The purpose of the ESO was to ensure that the ESSF guidelines of the World Bank and the ADB are followed and implemented, and report back on implementation. It can be easily seen what the consequences of the staffing pattern-as it stands today- are. According to the procedures so far adopted in regard to projects and sub-projects under RAMP, the Technical Research Center of the MPWT prepares the bid-documents. The Environmental and Social safeguard measures are integrated with the bid-documents. The Environment and Social Office in the Department of Planning has the responsibility to evaluate the bid documents in regard to the EMP and RMP. Given that the ESO is grossly understaffed, it is therefore a moot question of how well these projects can be evaluated in terms of safeguards.

d. Unclear Status of Specialized Functional Units - The statuses of some specialized units are unclear. A Unit for the collection and collation on traffic was established with World Bank assistance. Till date it appears to be unclear who this unit should be attached to – Public Works, or Transport, or Administration and

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Planning. And within those Directorates, which Department they should be part of. The unit is being currently funded under RAMP.

e. Absence of integrated data availability – As of date there is no single unit within the Ministry that can make available data in an integrated manner. Data are spread all over the Departments and they are not collated and validated at one central point. This makes holistic monitoring and evaluation of work done and the standards employed for doing so, almost impossible. There is also no Register of Assets of the MPWT with their Valuation. Thus the financial health of the Ministry cannot be reliably computed.

f. Rigid boundaries between Directorates and Departments – The Directorates and

departments have rather rigid boundaries and pro-active cooperation appears to be less than what it should be. There is an absence of reports that require several departments to prepare their presentations of data jointly. For donor funded projects reports are much easier to obtain because there is a single focal point. For general information however, the situation is quite different. There is no single document, for example, which comprehensively states the plans of the whole Ministry for a year or for the medium term – including all works, all training and capacity building efforts, and all policy initiatives. There is an Annual Report of the Ministry that only outlines some efforts, but is not comprehensive enough.

g. Gap between stated [formal] functions of departments and offices and actual

functions of the departments and offices – over the years, and primarily due to attrition of skilled personnel, the stated functions and actual functions of several departments have diverged; this includes such departments as planning, Technical Research Center, and others.

h. No sustained capacity building program – the Ministry of Public Works does not

have any sustained Capacity building program except for one Refresher course. The Refresher course is offered for one week at a time for a capsule of 3 months, and covers a range of topics. It is coordinated by the Human Resource Department. The contents of the Refresher course currently under way are shown in Annex--. Certain training programs have been offered under particular projects such as RAMP, but these are restricted largely to the skills to deliver donor funded projects, and not generally required skills. Also, some departments such as the Transport Directorate have not been the focus of needed training and capacity building programs. For the lower levels also, training needs have not been focused in any coordinated and sustainable manner.

i. Certain Essential Functions Unrepresented or dispersed – In the current structure,

functions such as Transport and Traffic Planning are absent. There is no specific office that concerns itself with the evaluation of costs. Although the Technical Research Center is supposed to set Standards, in practice AASHTO and Australian Standards are employed, without regard to their specific applicability to Cambodia. No Cambodian standards have so far been promulgated. There is no centralized Procurement Department for the Ministry and although Standard Operating Procedures as set by the Government are being followed, monitoring of degree of compliance is not regular. There are Offices dealing with legal matters but there is no centralized function in this regard. Each directorate has a legal office of its own, and the central office under the Department of Administrative Services and Planning does not have the capacity to draft all the necessary Rules and Regulations for implementing the laws of roads. Of

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particular mention is the lack of skills on application of Safeguards measures on resettlement and environment. Some training programs have been conducted under the aegis of RAMP but, as the report of that project itself admits [report of 09 Sept, 2009], ‘staff motivation is of different levels’. Clearly much more needs to be done with regard to capacity building and follow-up actions to training.

j. Too many ad hoc Committees – As a response to the complexities of departmental

operations, the MPWT has responded by constituting a number of ad hoc Committees. There is no list of the Committees that have been formed. The formation of such Committees for a very specific executive action [for instance, for certification and approval of provincial maintenance works] no doubt expedites decisions, but the result also is that there is no institutionalized process by which the certification process itself can be validated.

k. Weak internal links – The departments within a directorate do not pro-actively

function in a coordinated manner. This dilutes the decision-making process especially where different functional inputs are required.

l. Lack of clarity on functioning of State Enterprises – there are several autonomous

State Enterprises under the Ministry, such as the Phnom Penh Port Authority. The relationship between them and other Directorates is somewhat unclear. This extends particularly to the planning of capital investments for these organizations and the execution of works.

4. The above observations are not meant to say that affairs in the MPWT are not in order. They are in as much order as in any other governmental ministry. The issue here is that there is a need to improve overall effectiveness. This is important not only point of view of donor agencies who are investing in transport infrastructure, but also from the point of view of assisting to improve the overall economy of the country. 5. It can be inferred from the above observations also that they are the resultants of certain premises that are being held by the staff of the Ministry as to what and how things should be done. Certainly, some of these premises emerge directly from the structure and impact on effectiveness. At the same time, there are, it is hypothesized, some deeper and unstated premises that arise from cultural givens and whose effect is more clearly seen in the processes of decision-making and execution of planned actions. While these may detract from effectiveness in some ways, there is no option but to build upon them to design an appropriate structure – suited to the cultural and historical context of Cambodia, and aligned with the general way in which its governmental organs perform. 6. It is therefore important to identify precisely what these cultural givens are, in order to build a new structure in consonance with them. The most important of these givens appears to be about the use of authority. There is a tendency not to use given authority at the lower levels of management. While this observation could have been made for any governmental organization in any other developing country, the impact in Cambodia seems to be more severe. This means in real terms that in order to improve efficiency at the lower levels more structured procedures that severely limit discretion, are needed. The second cultural given appears to be a distrust of authority itself. This has historical roots, when the blind obedience to authority only led to personal disaster and even death [this was particularly true during the Khmer Rouge era]. A sizeable proportion of civil servants are survivors of that era and the attitudes cultivated during the formative years seems to be have been rather difficult to overcome. At the ground level, this implies that simple recommendations are not sufficient, there has to be consistent and regular engagement with the lower and middle levels

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of management to explain the purpose of change, and much more mentoring than has happened so far. 7. The Cambodian form of governmental functioning has worked for a very long time and efforts to upset or deny that history creates a resistance to change that is not easy to overcome. For example, provincial Public Works are carried on in terms of a contract signed between the Provincial office and the Director General of Public Works. In essence, this is a contract of accountability whereby the Provincial office becomes responsible for management and delivery of stated Works. Outsourcing is allowed, but sub-contracting of the whole works is not permitted. From an outsider’s point of view this may appear irrational – at the end of the day it is a government office arriving at a contract with itself – but it does make sense in a country that has primarily been feudal, with a relatively small size of government. It is only during the last few decades that the size of the government and the number of Ministries has increased. In terms of the ground reality, it at the same time provides needed freedom to the provincial office, and keeps a control from headquarters. The downside is that the headquarters are only in results, and not in the process by which the results are attained. The situation is changing, but slowly. 8. Another cultural given is that people are jealously guard their own territories and titles. The downside is obviously that there are hardly any evidences of synergies and multiplexing at the middle levels is notably absent. To this must be added the fact that due to the low salary levels, motivation levels are themselves low. There is therefore always a tendency to take the path of least resistance. This attitude has the additional plus point [for the middle and lower levels] that those in authority cannot complain if what is desired [and the desire is always somewhat vaguely expressed –allowing the minimum information to be provided] is given, and there is a tendency, arising from the given earlier talked about, to avoid too much of interaction with those in authority. 9. The downside of the above observation also is that efforts to reduce the number of offices and bureaus are likely to meet with resistance. In Cambodia, loss of one’s own singular administrative identity means a social loss of face, and that is not acceptable. People live with low salaries and low level of facilities and incentives because there is an aura that they guard zealously, and which comes with their official title. Efforts at restructuring thus have to be tempered in terms of these organizational realities. 10. The Government has tried to deal with the phenomenon of departments and directorates working independently of each other through the creation of committees cutting across ministries. Within the ministries however, such committees do not work very well. This is also evident from the fact that information is not shared between departments and directorates. There is, for example, a Committee on Road Safety where the Secretary of State represents the bureaucratic hierarchy for Transport and the Director General of Transport. That Committee is currently considering a document called the Road Safety Action Plan [funded by ADB-ASEAN]. This Plan has a number of issues on Environmental safeguards and resettlement safeguards. However, no policy has been attached to the Plan in these regards. Further, almost the whole plan is concerned with construction of road safety infrastructure and the Department of Road Infrastructure [which has a unit concerned with the creation of road safety infrastructure] does not appear to have been widely consulted. 11. The cultural given which emphasizes on the need to be seen, expresses itself in a very large number of meetings. There are meetings on almost any and every subject, and there are meetings everyday and every hour. This is most apparent at the senior levels, and less so at the middle and lower ones where informal and more social gatherings are more in evidence. Obviously this leaves very little time to get the work done and therefore sometimes the people attending meetings are not quite the ones who actually have the responsibility to get the work

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done. Another downside to this is that the decisions arrived at in the meetings can go off the track because the right people were not present in the meeting. 12. Finally, the phenomenon of not sharing information sometimes goes to extremes. A major document that was needed for this assignment could not be found in the department which ordinarily would have been expected to have it, nor in any related departments, and not in the topmost hierarchical offices of the Ministry; some of the offices claimed that they had never heard of the document though it had been specifically mentioned in the TOR of this consultant, and others, less clear on the subject, simply avoided it. Yet, this document was of crucial importance. 13. The RAMP project was conceived with an idea to pool together the resources of the various departments under the Ministry and make them work together. However, other departments within the Ministry remain largely unaware of the wider ramifications of what the RAMP project has attempted to do. It was learnt that in 2007 a restructuring exercise was also attempted through the RAMP project. However, that exercise confined itself to the Planning Department only, and the recommendations have not been implemented. 3.1.2 Approach 14. The approach that will be taken to design organizational interventions during this assignment will be based on the premises as follow. The premises are derived from the discussions on the issues as have been stated in the preceding sub-section. In making the recommendations in terms of what is stated below, the exercises already done in the Ministry[s] for the purposes and the exercises currently under way will be taken into account.

n. Any organization restructuring recommended will take as its first point the need to separate the policy making function from the executive decision-making function.

o. Specific recommendations will need to be made in regard to creation of new departments or amalgamation of old ones, and also the need to create new Directorates, as deemed appropriate, should be stated and the need defined. In view of the current personnel situation, a set of strategic steps to be taken shall need to be stated, which may be followed in the short-term, in the medium term, and in the long term.

p. Existing gap between formal and actual functions of departments is to be reduced and

resolved, if necessary by redesigning the formal functions and appropriately modifying the actual activities being now carried out.

q. Recommendations will need to be made on the ways that the line Directorates and

their subordinate Departments can be strengthened to allow them to function in ways that are also acceptable to Donor Agencies; thus obviating the need to create PIUs and PMUs every time that a new project is conceived and approved. This is thought to be especially important because there are a large number of projects of the MPWT in the pipeline, and it is obviously not advisable to go on creating a large number of PIUs and PMUs.

r. Organization restructuring must specifically provide for the explicit representation- at both central and provincial levels-of planning, environmental and resettlement monitoring, as well as other required function.

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s. Restructuring approaches must provide for Oversight, without such oversight intruding into executive functioning.

t. Opportunities must be provided for middle levels to be involved in decision-making in

an appropriate manner.

u. Lower level job descriptions must be created in a manner that allows little room for discretion.

v. Explicit modes for functional coordination and information sharing between

Departments, and between Directorates must be designed.

w. A substantive structure shall need to be designed so that training and capacity-building activities can be carried on in a sustainable manner and in ways that are aligned with the continuing needs of the Ministry[s].

x. Recommendations must be made on ways to improve Management Information

Systems within the Ministry[s] so that decision-making levels are kept informed of activities that are directly related to them, and generally as to the executive actions taken by the Ministry and the results thereof.

y. Flow of Accounting information shall need to be streamlined so that it leads to

Financial information being shared with the executive departments as a routine information sharing exercise. This will assist in qualitatively improving effectiveness of decision-making in the line departments and Directorates.

z. Guidelines must be provided for intra-departmental functioning, and the functioning

of the Offices under those departments.

aa. Finally, the recommendations made must be practicable, and specific practical and doable steps must be given for the transition from the present structure to the recommended one. The timelines as estimated should be provided, and the resources needed for bringing about the changes should also be stated.

15. While the approach to the task at hand will be as stated above, it may be seen that not all of what has been stated falls within the terms of reference of the present assignment. Thus some of the issues will remain at the discussion and recommendation only; to be followed up later by the concerned authorities and agencies in such manner as they deem fit. 16. There are many organizational models available which can fit the requirements of the case[s] in point. Explicit recognition of the need for having overall policy and oversight mechanisms is possible, and such models have been tried and institutionalized in many countries including quite a few in South Asia. Such models will be appropriately modified to suit the needs of Cambodia, and will first be discussed with the appropriate decision making levels before substantive recommendations are made.