Cambodia Development
Resource Institute
A Rights-Based
Approach to Development:
A Cambodian Perspective
Ou Sivhuoch
Working Paper Series No. 101
April 2015
A CDRI Publication
A Rights-Based
Approach to Development:
A Cambodian Perspective
Ou Sivhuoch
CDRI Working Paper Series No. 101
Cambodia Development Resource Institute
Phnom Penh, April 2015
© 2015 CDRI - Cambodia’s leading independent development policy research institute
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system
or transmitted in any form or by any means—electronic, mechanical, photocopying, recording,
or otherwise—without the written permission of CDRI.
ISBN 978-99963-891-3-9
Ou Sivhuoch, research fellow (on leave), CDRI, and PhD candidate of Political Science
(International Development Studies) at the University of Guelph, Ontario, Canada
Citation:
Ou Sivhuoch. 2015. A Rights-Based Approach to Development: A Cambodian Perspective.
CDRI Working Paper Series No. 101. Phnom Penh: CDRI.
CDRI
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ii
Contents
Acronyms ..................................................................................................................................iv
Abstract .....................................................................................................................................v
1. Introduction ............................................................................................................................1
2. Methodology .........................................................................................................................2
3. Emergence, core arguments, potential and pitfalls ................................................................2
4. In search of a RBA that works ...............................................................................................4
5. Existing experiences as lessons for RBA adoption ................................................................7
6. Conclusion ...........................................................................................................................13
References ................................................................................................................................14
CDRI working paper series......................................................................................................17
iii
Acronyms
CEDAC Centre d’Etude et de Developpement Agricole Cambodgien
(Cambodian Centre for Study and Development in Agriculture)
LWD Life with Dignity
MFIs Microfinance Institutions
NGOs Non-government organisations
RBA Rights-Based Approach
UNICEF United Nations International Children's Fund
iv
Abstract1
The rights-based approach (RBA) to development emerged as a new and relatively authoritative
paradigm, starting from the late 1990s. At its core is the argument that human rights and
development converge and, unless the socio-economic rights of the poor are attained, poverty
cannot be alleviated. Its approach is to shift NGOs’ strategy from providing charity to
empowering the poor politically so that they are able to claim their rights. Recently, major
bilateral and multilateral donors and international non-government organisations have been
gradually adopting the approach. Significant resources are channelled to support RBA. The
influential trend has swept the Global South widely, including Cambodia; several donor agencies
and international NGOs in the country have increasingly implemented RBA. Thus far, there is
thin literature documenting the potentials and pitfalls of the approach, specifically for NGOs
in Cambodia. This paper, using the concept of power, provides feasible suggestions for the
adoption of RBA. It takes seriously that power is entrenched in Cambodian administrative,
social and international donor structures. Therefore, for a long-term perspective, an adjusted
version of RBA is advocated. It needs to consider seriously deep-rooted power, adopting a
gradual rather than a radical approach of attempting hastily to remove power from the state
and give it to the poor. The paper then challenges a stream of RBA debates pressing local
NGOs and their donors rapidly to adopt purely politicised projects and abandon conventional
service provision. Local NGOs and their donors should not disregard service delivery swiftly
but integrate rights into services. The analysis is based upon consultation with a wide range of
comparative literature and interviews conducted between 2009 and 2013.
1 I thank the Swedish International Development Cooperation Agency (Sida) for funding this study and
Dr Kheang Un, assistant professor of political science at Northern Illinois University for his comments and
critiques. The research would not have been possible without the support and interest of Dr Rethy Chhem,
executive director, Dr Srinivasa Madhur, the research director, Mr Sirn Lee Ung, the operations director and
Ms Netra Eng, the Democratic Governance and Public Sector Reform Programme coordinator.
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1. Introduction
The rights-based approach to development has been widely adopted by bilateral and
multilateral development assistance agencies and international non-government organisations
(NGOs) (Ako, Anyidoho and Crawford 2013; Kindornay, Ron and Carpenter 2012; Nyamu-
Musembi and Cornwall 2004). Central to RBA is the idea that human rights and development
are intertwined and, unless human rights are addressed and promoted, poverty reduction and
overall development objectives will be unattainable (Ako, Anyidoho and Crawford 2013;
Kindornay, Ron and Carpenter 2012). A discursive approach dominates those agencies’
websites and policy papers; likewise, various development consultants and advisers are main
streaming the conception through workshops, reports and evaluations, indicating that RBA will
proliferate and expand in the years to come (Kindornay, Ron and Carpenter 2012). When the
rise of the RBA paradigm has reached its peak globally, it will very likely affect the structure,
resources and working styles of NGOs, the primary implementers of RBA. Hence it requires
that NGOs in both the North and the South adjust themselves to the trend; if they do not, they
may encounter funding cuts (Kindornay, Ron and Carpenter 2012).
Cambodia is characterised as a heavily aid-dependent country. Approximately Cambodia’s
budget is constituted by 40 percent of foreign development assistance, of which close to 14
percent is spent by NGOs (CDC 2014; RGC 2013). As NGOs in the country rely largely on
external support (CCC 2013; Khieng 2013; Ou and Kim 2013; Ou and Kim 2014), understanding
the global development phenomenon is crucial for the sector, which has to modify its agenda
to conform to the emerging development policy shift. It is critically important that, while RBA
is broadly endorsed by the major development agencies, it remains controversial to argue that
the paradigm will be appropriate for the global South and produce expected positive outcomes
(Cornwall and Nyamu-Mesembi 2005; Uvin 2007); thus far mixed initial outcomes (including
harmful ones) have unfolded (Hickey and Mitlin 2009). In Cambodia, a rough review of a range
of websites of NGOs and donor agencies shows that a few of them have already implemented
the approach; however, academic studies on their strengths and weaknesses are scant. Hence,
this paper will critically examine the RBA concept in relation to the local context and propose
a conceptually adjusted version of RBA that fits local circumstances, which would be useful
for local NGOs in particular and current RBA debates in general.
The paper first briefly introduces the methodology. Second, it reviews the main debates on
RBA. Third, it outlines the paper’s framework. Fourth, it discusses three sets of Cambodian
experiences to reflect on the chosen RBA framework. The first set comprises numerous
participatory development projects related to community-based natural resource management
(studies on common pool resources such as fish, forests and mangrove trees). The second
set highlights community empowerment projects, particularly focusing on saving initiatives.
The third set is the recent RBA experiences of one particular local NGO, Life with Dignity
(LWD), and a few others. By projecting the local experiences and context against the central
arguments in the RBA literature and framework, the paper will set out a new conceptual
domain, specifically for development actors in Cambodia. Lastly, a short conclusion wraps up
the key arguments.
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A Rights-Based Approach to Development: A Cambodian Perspective
2. Methodology
The paper features a literature review on RBA. It primarily uses an extensive mapping exercise
to track the history of RBA and interrogate key arguments for and against it. In addition, the
author’s previous work and observations are used to inform the study so as to point critically
to elements of RBA that are and are not appropriate in Cambodia. It uses field data from
approximately 70 of the author’s interviews and discussions with local and foreign NGO staff,
commune councillors, district, provincial and national officials, community representatives
and members, donor organisation representatives, academics and local people, which were
conducted between 2009 and 2013 in Phnom Penh, Battambang, Kampot, Kompong Speu and
Takeo. Those interviews directly and indirectly support the paper’s arguments; hence some are
quoted, others used in the background. The author also participated in a workshop organised
by a large rural development NGO, CEDAC (Cambodian Centre for Study and Development
in Agriculture), on 8 April 2013, in which he witnessed hundreds of members of 300 savings
groups from around the country learning from each other, discussing their saving strategies and
building networks.
3. Emergence, core arguments, potential and pitfalls
RBA has gained popularity for at least a decade and a half; nevertheless, scholars remain divided
about its hopes and challenges. This section provides a brief historical evolution, followed by
key arguments for and against the approach. It formulates the frame for the paper.
The genealogy and core pillars of RBA
Peter Uvin (2007) traced the genealogy of RBA and found that, in the early 1970s, an early
version of RBA was the right to development, in which Third World countries used their
majority at the United Nations to negotiate for the redistribution of international resources to
better favour poor countries. In the mid-1980s the concept was visible in different documents
of the World Bank and United Nations; however, it had not been put into practice until recently.
From the mid-1990s, the concepts of human rights and development, which had been distinct
from each other, merged. Internationally recognised human rights became intertwined with
poverty reduction (Darrow and Tomas 2005; Nelson 2003; Uvin 2004).
According to Uvin (2007), several reasons underpin the amalgamation. One is the end of the
Cold War, which opened the way for development zeal. A second was the failure of structural
adjustment programmes, which was viewed as stemming from insufficient governmental
accountability. The third was a trend to redefine development as more than economic growth
to include fundamental rights.
Kindornay, Ron and Carpenter (2012) documented the various conferences and initiatives
organised by the United Nations that were crucial in disseminating, legitimating and expanding
RBA. An important milestone was the 1993 UN World Convention on Human Rights in
Vienna, which reached the view that all forms of human rights were of equivalent importance,
and the following 1997 UN reform agenda, which concluded “that security, human rights
and development were interrelated processes, and that human rights should be mainstreamed
throughout all UN agencies” (Kindornay, Ron and Carpenter 2012: 478). Kindornay, Ron
and Carpenter (2012) further recalled that the early champions of RBA included the United
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Nations International Children’s Fund (UNICEF); the United Nations Development Program
and the Office of the United Nations High Commissioner for Human Rights. International
NGOs such as Oxfam and CARE started to adopt the approach from the early 2000s, and two
bilateral agencies—the United Kingdom’s Department for International Development and the
Swedish International Development Agency—followed. By the mid-2000s, RBA had swept
the entire UN system, and influential NGOs such as Save the Children and Action Aid, together
with major European bilateral donors Denmark, Norway, Switzerland, Finland, and Germany,
declared their commitment to RBA. In 2006, the Organization for Economic Cooperation and
Development and the World Bank participated (Kindornay, Ron and Carpenter 2012). By
2013, the World Bank found that most bilateral and multilateral aid agencies had designed
their aid policies based on RBA, explicitly and implicitly, except only newly emerging donors
(World Bank 2013). Interestingly, not only secular NGOs committed themselves to RBA;
several prominent Christian-based NGOs followed suit, including Catholic Relief Services,
Christian Aid, the Church of Sweden and Dan-Church Aid (Kindornay, Ron and Carpenter
2012). The significance of RBA is seen in budget terms as well. For instance, in 2007, the UK
committed USD9.8 billion, Sweden USD4.4 billion and Norway USD0.37 billion to RBA
(Kindornay, Ron and Carpenter 2012).
What makes RBA so attractive? Within the convergence of rights and development frameworks
under RBA, it is argued that poverty is the violation of individuals’ rights; therefore RBA
attempts to enhance the capacity of the poor to claim socio-economic rights, which are
considered integral to achieving poverty reduction and overall development (Ako, Anyidoho
and Crawford 2013: 48; Kindornay, Ron and Carpenter 2012; Miller, Vene Klasen and Clark
2005). Framed differently, the key to reducing poverty is the promotion of poor people’s
rights; once socio-economic rights are in place, poverty fades away. Likewise, it is maintained
that injecting rights into development will tackle the root structural causes of poverty and
exclusion, narrowing inequality and enhancing accountability of both the state and donors
(Ako, Anyidoho and Crawford 2013; Darrow and Tomas 2005; Hamm 2001; Hickey and
Mitlin 2009; Kindornay, Ron and Carpenter 2012; Miller, Vene Klasen and Clark 2005).
Underpinning the above equation, the approach emphasises the significance of local political
processes such as grass-roots collective mobilisation, participation and advocacy and also the
outcomes of such actions (Kindornay, Ron and Carpenter 2012; Monkman, Miles and Easton
2007: 453-454; Uvin 2007). It is stressed that participation constitutes a transformative process
to development and that RBA represents repoliticising participation involving the processes and
outcomes above. RBA marks the movement toward a new form of development as entitlement,
shifting away from charity (Gready 2008: 842). The trend coincides with the complaints that
NGOs over the past two decades have contributed more in service delivery but not much in
empowerment to the poor (Banks and Hulme 2012). From that rights-based perspective, NGOs
are required to train and empower the poor to claim those rights (Ako, Anyidoho and Crawford
2013).
What is wrong with RBA?
While the approach appears fashionable, sceptics fear that RBA is nothing more than a fad
(Kindornay, Ron and Carpenter 2012; Nyamu-Musembi and Cornwall 2004; Uvin 2007). They
have posed some fundamental questions.
First, while claiming rights centres more on the relationships between citizens and the
government, it requires additional changes of power. That involves the difficulty of overcoming
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A Rights-Based Approach to Development: A Cambodian Perspective
deeply entrenched power structures (particularly between international NGOs and donors,
and recipient governments and donors), which potentially inhibit the path to securing rights
(Ako, Anyidoho and Crawford 2013). On the aid-giving side, the current accountability system
between bilateral donors and their taxpayers and between donors and the recipient countries
is hard to change and is likely to remain entrenched (Cornwall and Nyamu-Mesembi 2005).
Kindornay, Ron and Carpenter (2012: 496) are concerned that “There will be little upstream
accountability in practice, however, as the upper-tier NGOs and donors still hold most of
the resources”. From there, they developed a hypothesis that RBA, despite its one and a half
decades in operation, has been struggling to express its value and thus might be resisted by
implementing international and local NGOs, and as a result donors would throw the ideas into
the dustbin along with other forgotten development strategies (p. 497). More importantly, given
the structural interests that define global economic inequality, achieving rights to development
is difficult. This difficulty is reflected in the history that the developed countries showed little
intention to change for the sake of the economic betterment of developing countries (Cornwall
and Nyamu-Mesembi 2005).
Second, for some, RBA does not represent a revolutionary shift because rights-based elements
were already well established in various concepts of development, albeit not called “rights”
(Kindornay, Ron and Carpenter 2012; Uvin 2007). The notions of participation, empowerment
and inclusivity had been a discursive mainstay in development for a long time; therefore,
RBA represents “‘old development’ wine served up in new, rights-based bottles” (Kindornay,
Ron and Carpenter 2012: 479). Implicit here and elaborated below is that RBA, like other
progressive development concepts, is easier said than done.
Third, translating RBA rhetoric into practice is a demanding task. As the debates go on, it is
difficult to arrive to a point that RBA is working (Hickey and Mitlin 2009). The approach could
be too confrontational for vulnerable groups and hence may damage the path for negotiation
with the government (Hickey and Mitlin 2009: 212), especially in weak states (Moore 2001).
Given all these pitfalls, scholars critical of RBA are not convinced that the new paradigm is
able to deliver its promises.
Despite the contradictions and critiques, RBA is likely to remain an authoritative paradigm in
years to come mainly because of donors’ control of development resources and support of the
approach (Ako, Anyidoho and Crawford 2013; Kindornay, Ron and Carpenter 2012; World
Bank 2013), underpinned by the breakdown of political and development ideology that
separated the West and the East after the Cold War, civil from political rights and economic
from social rights (Kindornay, Ron and Carpenter 2012). Even Kindornay, Ron and Carpenter
(2012), who are quite pessimistic about the outcome of RBA, share the view of others on that
development trend.
4. In search of a RBA that works
Given the pervasive paradigm shift, NGOs, as development practitioners, are left with few
or no options but to observe, learn and adopt the approach. The paper therefore examines
what is in RBA that is best for NGOs. In a recent comprehensive edited volume, Sam Hickey
and Diana Mitlin drew a balanced conclusion that “Both the promise and pitfalls of rights-
based approaches are substantial and very real” (Hickey and Mitlin 2009: 255). They added
that after the promotion and implementation of RBA over more than a decade, “patterns are
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emerging, some positive and some harmful” (Hickey and Mitlin 2009: 210). Typical positive
instances include the approach’s assistance in realising citizenship for women, the landless
and indigenous groups in Cameroon and Latin America (Hickey and Mitlin 2009) and
in providing analytical tools for UNICEF to seek the origins of human rights abuses and
then address them (Munro 2009). On the damaging side, there is already evidence that the
confrontational ways of RBA are too blunt to be useful (Patel and Mitlin 2009). It is instead
advocated that local groups and politicians should limit their relationships to a level that does
not create extreme hostility from the government so that both sides could still engage with
each other and development aspirations such rights could emerge (Ibid). In the same manner,
Gledhill (2009) advises against RBA movements that romanticise or exaggerate the civicness
of groups living in extreme inequality and deprivation; any encouragement of these people
to use violence to settle disputes and claim their entitlements would dislocate them from
normal and everyday life.
Taking the middle ground, Ball (2005) asked if there is evidence of complementarity between
human rights and development. His response was positive, bringing in an example of Action
Aid, which had incorporated empowerment into conventional service delivery. There are also
suggestions for working with, not against, the government, empowering it to understand its
responsibilities; the partnerships, however, are accompanied by advocacy, lobbying and critiques
(Ball 2005: 280). Likewise, Kindornay, Ron and Carpenter (2012) observed two opposing trends
in RBA. RBA purists advocate NGOs’ complete abandonment of service provision, leaving the
task to the government but holding it accountable. In short, the job of NGOs and communities is
to watch the government’s performance. In contrast, RBA pragmatics sees service delivery as
a crucial and effective means for community participation and empowerment. Kindornay, Ron
and Carpenter (2012) maintain that the synthesised approach (in which NGOs combine more
advocacy into their service delivery) would be more practical and feasible than the approach
articulated by the purists.
Combining RBA and service delivery is the area the article attempts to articulate. The
above discussions indicate that there is not much to expect from donors in pressing recipient
governments to release power to their citizens. Hence the government will be pretty much the
same in overuse and abuse of power. Therefore, instead of following neatly the RBA purists’
extreme approach, NGOs may find collaborating with and simultaneously advocating or
claiming rights from the recipient or local government an appropriate and politically feasible
option. It also takes into account the context of weak states: forcing them to be duty bearers
overnight could be a daunting or impossible task.
In summary, despite challenges, RBA remains attractive. Hence, NGOs in recipient countries
like Cambodia have to adjust to the trend, making the most of it rather than going against the
tide. One solution is for them to adopt a middle way, inserting rights into service delivery.
Power and empowerment
The discussions above explicitly and implicitly specify power as the key variable to be tackled:
giving power to the poor by reducing the power of the state and, in some contexts, of the rich.
It will be argued below that power is pervasive and structural. RBA is “inherently political,
and takes power, struggle, and the vision of a better society as key factors in development”,
and development cannot be regarded as technical problems that can be addressed or resolved
outside of politics, without conflict (Chapman et al. 2009: 166-167). It is argued in the following
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A Rights-Based Approach to Development: A Cambodian Perspective
pages that “Rights cannot be truly realized without changes in the structures and relationships
of power in all their forms: changes in who make decisions, in whose voice is heard, in what
topics are seen as legitimate, in people’s sense of relative worth, and in the confidence people
have to speak out” (Chapman et al. 2009: 166-167). While the process is inevitably political,
bringing politics to the forefront seems extreme and hard to achieve. This section argues that,
for the poor to obtain power from the powerful, a starting point is needed; economic power
seems to be a prerequisite for political power.
Empowerment is another core element in rights enhancement (Gready 2008; Heinsohn 2004;
Miller, Vene Klasen and Clark 2005). Power is operationalised in visible and hidden forms
(Miller, Vene Klasen and Clark 2005). The visible dimension refers to legislatures, laws and
various policies which may provide privilege to certain groups and undermine others. The
hidden one often operates undetected. For instance, some poor and weak groups might not
articulate their discontent towards either the rich or politicians for fear of the consequences.
Another form of hidden power is reflected in ways that political elites mobilise resources from
the national budget through patronage networks and redistribute them informally as gifts to
the poor in return for votes. Some segments of the poor, believing that elites are doing the
right things, do not question the informal redistribution process. Religious belief is a form of
power as well; for instance, a poor person could self-acknowledge as unfortunate because of
accumulated karma (bad actions) in a previous life, not because of any political or economic
structure. Empowerment and rights to development attempt to raise the understanding of the
poor and marginalised about power dynamics, build their capacity and challenge unequal
power relations (Miller, Vene Klasen and Clark 2005). For Srilatha Batliwala, an influential
Indian scholar and rights activist:
The term empowerment refers to a range of activities from individual self-assertion to
collective resistance, protest and mobilization that challenge basic power relations. For
individuals and groups where class, caste, ethnicity and gender determine their access to
resources and power, their empowerment begins when they not only recognize the systemic
forces that oppress them, but act to change existing power relationships. Empowerment,
therefore, is a process aimed at changing the nature and direction of systemic forces that
marginalize women and other disadvantaged sectors in a given context (quoted in Miller,
Vene Klasen and Clark 2005: 34, italicization mine).
Miller, Vene Klasen and Clark (2005) see empowerment not as a gift to be offered to people,
but as requiring their engagement as part of the larger society, taking action. Specifically,
empowerment means that people develop self-worth and a compassionate world view, skills
and the intention to act alone or collectively to change the world. This type of empowerment
is what Moore (2001) called political dimension empowerment. Moore added that collective
empowerment matters and is influential, which is why the donor community often advocates
community empowerment. Further, for Moore, empowerment needs another complementary
material element; “the core underlying proposition is that improving the material status of poor
people is empowering because it will weaken interlocking constraints of social, economic and
political dependence and provide poor people with greater freedom and autonomy, personal
and political” (Moore 2001: 324). While Moore emphasises the material dimension less than
the political, raising the poor’s socio-economic status leads to the desired outcome of RBA.
In summary, power is multidimensional, and the poor’s struggle for power could be a conflictive
and painful process. Empowerment itself is two-sided, involving economic advancement and
political progress.
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In what ways are these concepts reflected in Cambodian experience? That is the topic of the
next section.
5. Existing experiences as lessons for RBA adoption
This section will illustrate through comparative analyses of fishery and forestry communities
and saving groups that the state’s central power structure is deeply rooted, and, for the fisheries,
social forces such as the rich and well-connected concessionaire are dominant. There is not
much the donor community has done to break that dominance; rather, the environment for
empowerment appears to have shrunk over time (Marschke 2012; Marschke, Lykhim and Kim
2014; Ou 2013; Sok 2014). Here two broad natural resource communities are analysed. The
first such groups were originally established by various NGOs such as CEDAC, not to achieve
the objectives of RBA, but with expected outcomes sharing those objectives. This is reflected
in the author’s interviews with CEDAC’s president and executive director and the leaders of
CEDAC-supported forestry groups, and on CEDAC’s website. Other natural resource groups,
such as those created by LWD, explicitly emerge to express concerns of RBA. Savings groups
are intended primarily to achieve poverty reduction, not to attain rights per se; however, from a
long-term perspective, they could share the RBA vision, as explained below. Those groups are
analysed to provide understanding about the context in which donors and NGOs plant RBA.
Those cases will echo the existing critics of RBA, who have expressed pessimism about RBA’s
ability to produce the expected outcomes. However, instead of agreeing with those critics,
the paper will illustrate that in circumstances where overcoming the state’s power is difficult,
a middle ground for RBA could be considered. LWD’s evidence of RBA endorses the new
conceptualisation, indicating that service delivery should remain a mainstay and rights should
be integrated rather than pursued alone. It also demonstrates that economic empowerment
fulfils the RBA objectives and could be a venue for political struggle pressing the government
to adopt a rights vision.
This section briefly introduces where power rests in Cambodian public administration, followed
by brief accounts of three cases and comprehensive discussions, comparing and contrasting
what has happened in those fields as documented by various existing studies and the author’s
own fieldwork.
Power structures in Cambodian public administration
Cambodia embarked on decentralisation in 2002. Three communal elections have been held
to date. One commune council mandate is to coordinate and collaborate with NGOs on grass-
roots development work. Another tier of reform, deconcentration, designed to devolve power
to sub-national governments, started in 2009. The idea of deconcentration is to have better
coordination between province and district bodies, which then assist the commune to respond
to popular demands.
Although studies over the last decade have documented that commune councils have
improved significantly in responsiveness, accountability and local democracy, in general the
decentralisation and deconcentration reform faces challenges to deliver the profound changes
envisioned. With decentralisation, it is often argued that there is little willingness from the
central government to release further power to strengthen communes or local government;
rather the reform allows the ruling party to control and consolidate its power in rural areas
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A Rights-Based Approach to Development: A Cambodian Perspective
(Hughes 2009). For commune councils to be responsive, they need more than a fixed package
of funds from the central government. In fact, the decentralisation law passed in 2001 allows
them to generate certain tax and non-tax revenues including land taxes, immovable property
taxes and rental taxes; however, so far these have not happened. A related point is that local
councils are not provided the authority to manage natural resources such as fish and forests;
they can only report illegal fishing or logging to district and provincial offices; if the higher tiers
do not respond, there is little the commune can do. Thus far, deconcentration has progressed
slowly, and hence there has not been much help and improvement from district and provincial
administrations to communes.
This is highly relevant to NGOs operating in these tiers because the lack of support from the
state constrains NGOs’ empowerment work, as pointed out below.
Forestry and fishery communities
According to Cambodian forestry laws and regulations passed in the early 2000s, forests are
both state and public property. Hence the forestry administration has the authority to offer
rights to manage and extract the resources based on rules and regulations (Kim and Öjendal
2011). Therefore, community forestry entities are recognised whose objective is “to allow
villages located in and around forests to participate in forest management and establish a form
of partnership or agreement with the government” (McKenney et al. 2004: 48). The regulation
provides that forest resources need to be well protected and managed with participation
from citizens, community, NGOs and the authorities. The government has been supportive
in establishing fishery communities as well. In 2001, 56 percent of concessional fishing lots
(more than 500,000 hectares of water) were given to local communities to manage, exploit and
conserve. In 2012, all the remaining lake and stream lots were nullified, and more communities
have been established (Sok 2013a). However, according to Kim and Öjendal (2011), while
such communities require formal state links, the communities they examined were established
with support from international NGOs and barely received the expected support from the
Fisheries Department. That happens to community forestry as well (Kim and Öjendal 2011).
The natural groups examined here, whether created to achieve RBA objectives or not, share
similar empowerment goals to RBA. It is participation, for instance, that empowers people in
owning and protecting their common pool resources, and sooner or later the communities can
reap the benefits from those resources and reduce poverty.
Savings groups
In a study comparing microfinance in Cambodia and Timor-Leste, Susanne Allden (2009)
argued that microfinance in Cambodia had advanced much further than in Timor-Leste. Part
of the reason is that the Cambodian government has been more constructive and supportive
in this area. One key aspect is regulation of the sector: “[T]he Cambodian success is, in part,
explained by its effective adoption of regulations for micro-finance, providing an institutional
framework for non-governmental organizations (NGOs) and emerging MFIs [microfinance
institutions]” (Allden 2009: 273). While the savings groups under examination do not share all
the aspects of microfinance, the state’s support to NGOs in particular means there is little or
no hindrance to the operations of either savings groups or microfinance. Microfinance involves
MFIs giving loans to farmers, who have to return the loans with interest. Savings groups follow
more the ideas of what Putnam (1993) calls credit rotation associations, in which people do not
borrow money from outside but pool their contributions on a regular basis; each member in
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turn takes the whole share and is obliged to continue to pay money until everybody gets their
portion. Savings groups in rural Cambodia often take the form that NGOs offer initial capital
and encourage the poor to set up groups and pool their own money. The NGOs usually do not
ask for the return of seed capital. Other cases are slightly different, NGOs not providing capital
at all but only explaining and encouraging people to save their own money collectively. While
this is similar to Putnam’s credit rotation associations, it varies in that group members gain
from minimal monthly interest—2 percent for the cases the author visited. Members who do
not need money could wait and gain interests; however, if they do, they could borrow from
their own saving groups but have to pay interest of 3 percent. The whole idea is to encourage
members to save collectively and to gain some interests and if they borrow from their own
groups’ budget they only pay 1 percent of interest because they gain 2 percent at the same time.
If they keep their money at home, they usually spend most of it and have little or nothing left
each month or year and interests are not gained either2. Non-members can borrow the money
left over from the members but with a higher interest rate of around 10 percent, which is still
lower than that charged by informal moneylenders.
A soft approach that works
LWD is the first local NGO, transformed from a faith-based international NGO called Lutheran
World Foundation, to have incorporated RBA in 2003 (Viriya 2009). LWD operates in six very
poor districts in Battambang, Pursat, Kompong Chhnang and Kompong Speu. In an interview, a
senior staff member of the organisation explained that the NGO’s approach is to empower both
the citizens and state through programmes emphasising livelihood and rights improvement.
LWD’s website states its position of RBA pragmatics, suggesting the NGO works with both
the weak and the powerful:
RBA “primarily involves building up rights awareness on all levels, both among the
powerless and the powerful. Development objectives are also human rights objectives. An
emphasis on human rights in the development context helps focus attention on structural
inequities that cause and maintain poverty and exclusion” (italicization mine).
The author’s visit to Kompong Speu’s Oral district and his interviews with an LWD field staff
member, the chief and deputy chiefs of the district and three commune councillors indicate
there was a general sense of appreciation from the district and local authorities because the
NGO was the first one to support the district, providing much needed material support (such as
school buildings, roads and health centres) and capacity building (including rights education)
to both the poor and local officials. The interviews revealed that, because the NGO has been
providing services and constantly positively engaged with the authorities, the relationship has
been broadly harmonious, and its rights advocacy, which was pursued progressively rather
than radically, was gradually accepted, despite some reluctance from the officials at times.
The senior staff reported that some NGOs have criticised LWD for moving closer to the
government; however, he said the position of the NGO was to engage and advocate from
within – a fair position that also works in other places where the state, as in Vietnam, provides
little space for civil society engagement (Wells-Dang 2014). Another recent study observing
the government’s position toward local NGOs and communities in Cambodia supports
LWD in adopting embedded advocacy—engaging yet advocating simultaneously with the
government—because the government has recently been more restrictive on NGO work that
empowers and promotes local democracy (Ou 2013). Ou also notes that some local NGOs and
2 Based on the interviews with various saving groups’ representatives across the provinces visited.
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A Rights-Based Approach to Development: A Cambodian Perspective
their counterpart communities have already perceived the government’s political message and
have started to embed advocacy into their normal development projects. One local community
representative said:
Recently, the authorities have restricted the space for advocacy and empowerment
activities; however, we do not stop here, but we have managed to play the game. Our
method is we insert advocacy and rights elements into rural livelihood projects such as
income generation activities. (Interview, 6 October 2011)
Discussion
Various NGO and donor projects have been designed to mobilise the poor to form groups
to engage in saving activities and protection of their common fish and forests, as part of the
empowerment process. The development of these groups differs. Natural resources communities
often struggle to sustain themselves, while the savings groups are more active, at least over the
past few years.
At the beginning of a community, there is little participation in saving activities; however,
there is often more in the cases of fishery and forestry communities (Kim and Öjendal 2011).
The author’s interviews with several savings group leaders in Takeo demonstrate that it was
often difficult for NGOs to ignite people’s interest and convince them to put together the
money, which used to be kept at home, and manage it collectively. Several savings group
leaders, speaking at the CEDAC workshop, recalled that at the beginning, only three or four
members participated, and they saved from USD0.25 a month in the late 1990s. As the groups
developed quite healthily, more people joined and the membership expanded. These days,
some members of savings groups told the author that their membership grew approximately
to a hundred or even more and their budget to several thousand dollars, which had never
happened in the history of rural Cambodia. That is not to say that savings groups always
perform well; obviously there are numerous failed cases (Jörgensen 2009; Marschke, Lykhim
and Kim 2014). In the workshop organised by CEDAC, it was stated that out of some 5000
savings groups it had supported from 1997 to 2013, roughly 60 percent performed well and the
rest had either dissolved or stagnated. The point here is that, compared with savings groups,
forestry and fishery groups have largely failed (Kim and Öjendal 2011; Sok 2013a). Kim and
Öjendal (2011) noted that, at the birth of fishing and forestry communities, there was often
high enthusiasm among the members, but it often faded over time. People are initially excited
primarily because they consider those common resources important for their community and
the next generation (Kim and Öjendal 2011; Sok 2013b); however, the weak performance of
groups discourages participation. Kim and Öjendal (2011) explained that poor performance
meant the members did not get positive responses from their community and leaders, commune
councils or district and provincial departments of fisheries and forestry. When they reported
crimes occurring in their community, the authorities were unwilling or unable to take effective
action (Kim and Öjendal 2011). In short, members are generally not empowered for the natural
resource groups most of which barely function.
Three causes could explain why it proves very challenging for resources groups. The first is
that the state does not devolve sufficient authority to the local tiers, as discussed above (Hughes
2009; Kim and Öjendal 2011; Marschke 2012; Marschke, Lykhim and Kim 2014). Without
sufficient funds (especially salaries) and power, the provincial, district and commune tiers at
times collude with perpetrators for survival (Sok 2013a). Second, a study by Say Sok (2014)
found that natural resource groups’ performance has been damaged by strong social forces
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CDRI Working Paper Series No. 101
such as rich and powerful perpetrators who bribe or threaten the weak sub-national authorities.
Likewise Marschke (2012) and Marschke, Lykhim and Kim (2014) found in coastal areas
of Koh Kong that local groups established to protect small patches of mangroves and other
fishery resources could function effectively but have been similarly retarded by dominant sand
mining companies (whose dredging causes fishery decline); even local authorities cannot stand
in their way. Third is donors’ limited support and poor local community livelihoods. The poor
are aware that common resources are important but some political economy issues are beyond
their local authorities’ capacities. Therefore, they need intervention from upper layers such as
donors (Marschke, Lykhim and Kim 2014). However, when they need such support against
abuses of the mining industry, for instance, they are often disappointed: “[O]ften, outsiders
come in and tell us what to do. We often listen, since they sometimes know more than us,
but it is hard when we ask for support on issues that we cannot solve, and they say that they
cannot help us” (Marschke, Lykhim and Kim 2014: 2449). At the same time, people living in
protected areas need to generate income as well:
“When we list the things we most need help with, they [donor representatives] say they
understand, but that they also have to answer to higher people and that only certain types
of projects will get funded. Since we live in a protected area, it is always environmental
projects, but we have found these do not always help us to earn money, and we do need to
survive.” (Marschke, Lykhim and Kim 2014: 2449)
According to Marschke and her colleagues, the dilemma speaks to the difficulties of the local
people in balancing between making a living from their natural resources and protecting them.
That also explains the challenges of people settling in the locations where LWD operates.
When it comes to income-generating activities, it is easier to mobilise people; getting poor
people together to protect their resources is challenging.
For savings groups, the story is different. The state supports such activities, an activity that
Moore (2001) calls cheap talk, because the activities do not threaten politicians. The activities
fit with local interests once begun; people generate profits out of their collective saving. Such
work does not challenge any powerful group; hence there are few barriers to its progress. But
as is indicated below, energetic saving groups that become empowered economically could
become powerful political networks in the long run.
Different studies document how saving groups empower people, the most tangible form of
empowerment being women’s improved social status, power, livelihood, skills and social
capital (Hiwasa 2014; Jörgensen 2009). A woman is quoted:
When I join the group, I can learn from other women… when I join a meeting of the group,
we get to know each other and improve cooperation. It’s better than before. Before, I only
stayed at home and knew people around the house… when I became a member of the
women’s group, we could save money, exchange experiences with others, and help each
other. (Hiwasa 2014: 140-141)
Interestingly, Hiwasa claims improvement occurs among men too. Men have also changed
their behaviour toward women; she quotes a husband acknowledging: “Before, women didn’t
have rights. But now, women have equal rights” (Hiwasa 2014: 142). Jorgensen (2009)
found a similar trend in the villages she studied. Further, she posited that saving activities
have contributed to improving bridging social capital in the village. Before the savings group,
her informants said, they did not dare to communicate with some villagers having higher
status; however, later the engagement in the savings group increased their confidence, better
11
A Rights-Based Approach to Development: A Cambodian Perspective
connecting them to most of the villagers. Another point Hiwasa raised is the emergence of
women’s groups challenges the idea that in Cambodia, traditionally, there is an empty space or
no intermediary institution connecting the state and society, which was argued by Ebihara more
than four decades ago (1968). She wrote, “This chapter presents women’s groups as ‘artificial’
seeds of CBOs that not only advance women’s participation in the public and generate local
civil society but also provide stepping stones to national engagement” (Hiwasa 2014: 149).
Importantly, while saving groups are non-political and hence do not pose tangible demands on
authorities for accountability, Feuer (2014) claims that well-performing groups already have
indirect influence, Lukes’ (1974) power to set the agenda:
At higher levels of organization, such as the national Farmers’ Association, the collective
agency of the rural community is increased relative to the government. While the Farmers’
Association has maintained very amicable relationships with the government… the
existence of large rural organizations is already an initial challenge to the monopoly of
state authority in the countryside (Feuer 2014: 246).
The accounts by Feuer and others describe positive progress of popular empowerment in
pressing for government’s positive responses and accountability to the people. Interviews with
LWD field staff and district and commune officials in Oral district point out that the authorities
are much more open to human rights issues now than they were 15 years ago; they have worked
more cooperatively with the NGO on rights issues and responded more to people’s demands
as they have better understood their roles and responsibilities. It is worth reiterating that for
LWD, rights always go with rice: they provide tangible services and materials the government
is supposed to provide and provide rights training to both the weak and authorities without
generally damaging relationships with any individual or agency. Ou (2013) makes a case that if
NGOs confront the government, their relationship turns sour and the desired outcome is often
unachieved; in contrast, those embedding advocacy and rights in development work progress
by keeping a working relationship with the government, and rights and advocacy objectives are
achieved in one way or another.
The discussion above generates several important points. First, power within the state and
some social and business groups is ingrained and negatively affects local economic interests
and rights, and there is not much donors have done in assisting communities to change existing
conditions. On the contrary, different studies show that, although Cambodia is aid dependent,
over the last few years the environment for people’s empowerment and democratic progress
has been constrained (Merla 2010; Ou 2013; SPM 2006). Such a deep-seated structure of power
leads to the following point. Second, lessons from the RBA of LWD and others are that rights
empowerment is more easily pursued when it is embedded in service delivery. Third, while
permissible saving activities appear apolitical at first glance, the economic empowerment and
networks produced by such activities could gradually pose challenges to the government to
change positively in the long run for the sake of the poor.
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6. Conclusion
Over the last 15 years, RBA has entered the development industry lexicon, been mainstreamed
into various donors’ agendas and policies and is likely to expand and deepen in coming years.
Central to the relevance of RBA to development is that unequal power relations constrict efforts
to reduce poverty. Proponents are confident in removing structural barriers to the poor realising
their dream of enhanced livelihoods and social and political status. However, critics argue that
altering such deep-seated power is impossible and project that RBA will be discarded like
other approaches.
Reflecting a Cambodian perspective, this study holds that the criticisms of RBA, while true
to an extent, are overstated and that RBA could prove useful if adjusted to suit the local
context. Further, given the donors’ control of resources, there is not much development actors
(especially NGOs) in the global South could do to buck the trend. Two elements of RBA
should be conceptually fine-tuned. NGOs should increasingly integrate rights into normal
development projects but not significantly or entirely transform service delivery into rights
enhancing projects. This speaks to the literature and the donors adopting RBA to reconsider
their strategies by not boldly forcing NGO partners to put rights at the forefront and risk
failing to attain anything. While rights have to be claimed, they cannot be achieved overnight.
NGOs have little say in influencing donors’ agendas; however, donors should be flexible and
NGOs creative in pursuing their rights objectives. Second, empowerment, a core component
of RBA, should be lodged sequentially, economically first and politically later, especially
where improvement is urgent or where it involves sectors in which communities established to
protect resources are prone to failure. A long-term perspective is that economic empowerment
is inherently political or that political empowerment can build on the success of the former.
Pursuing political goals on a shallow foundation is not a practical modus operandi.
13
A Rights-Based Approach to Development: A Cambodian Perspective
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Land Cover and Land Use Change in Stung Chrey Bak Catchment, Cambodia
WP 52) Ouch Chandarany, Saing Chanhang and Phann Dalis (June 2011), Assessing China’s
Impact on Poverty Reduction In the Greater Mekong Sub-region: The Case of
Cambodia
WP 51) Christopher Wokker, Paulo Santos, Ros Bansok and Kate Griffiths (June 2011),
Irrigation Water Productivity in Cambodian Rice System
WP 50) Pak Kimchoeun (May 2011), Fiscal Decentralisation in Cambodia: A Review of
Progress and Challenges
WP 49) Chem Phalla and Someth Paradis (March 2011), Use of Hydrological Knowledge
and Community Participation for Improving Decision-making on Irrigation Water
Allocation
19
A Rights-Based Approach to Development: A Cambodian Perspective
WP 48) CDRI Publication (August 2010), Empirical Evidence of Irrigation Management in
the Tonle Sap Basin: Issues and Challenges
WP 47) Chea Chou (August 2010), The Local Governance of Common Pool Resources: The
Case of Irrigation Water in Cambodia
WP 46) CDRI Publication (December 2009), Agricultural Trade in the Greater Mekong Sub-
region: Synthesis of the Case Studies on Cassava and Rubber Production and Trade
in GMS Countries
WP 45) CDRI Publication (December 2009), Costs and Benefits of Cross-country Labour
Migration in the GMS: Synthesis of the Case Studies in Thailand, Cambodia, Laos
and Vietnam
WP 44) Chan Sophal (December 2009), Costs and Benefits of Cross-border Labour Migration
in the GMS: Cambodia Country Study
WP 43) Hing Vutha and Thun Vathana (December 2009), Agricultural Trade in the Greater
Mekong Sub-region: The Case of Cassava and Rubber in Cambodia
WP 42) Thon Vimealea, Ou Sivhuoch, Eng Netra and Ly Tem (October 2009), Leadership
in Local Politics of Cambodia: A Study of Leaders in Three Communes of Three
Provinces
WP 41) Hing Vutha and Hossein Jalilian (April 2009), The Environmental Impacts of the
ASEAN-China Free Trade Agreement for Countries in the Greater Mekong Sub-
region
WP 40) Eng Netra and David Craig (March 2009), Accountability and Human Resource
Management in Decentralised Cambodia
WP 39) Horng Vuthy and David Craig (July 2008), Accountability and Planning in
Decentralised Cambodia
WP 38) Pak Kimchoeun and David Craig (July 2008), Accountability and Public Expenditure
Management in Decentralised Cambodia
WP 37) Chem Phalla et al. (May 2008), Framing Research on Water Resources Management
and Governance in Cambodia: A Literature Review
WP 36) Lim Sovannara (November 2007), Youth Migration and Urbanisation in Cambodia
WP 35) Kim Sedara & Joakim Öjendal with the assistance of Ann Sovatha (May 2007),
Where Decentralisation Meets Democracy: Civil Society, Local Government, and
Accountability in Cambodia
WP 34) Pak Kimchoeun, Horng Vuthy, Eng Netra, Ann Sovatha, Kim Sedara, Jenny Knowles
& David Craig (March 2007), Accountability and Neo-patrimonialism in Cambodia:
A Critical Literature Review
WP 33) Hansen, Kasper K. & Neth Top (December 2006), Natural Forest Benefits and
Economic Analysis of Natural Forest Conversion in Cambodia
WP 32) Murshid, K.A.S. & Tuot Sokphally (April 2005), The Cross Border Economy of
Cambodia: An Exploratory Study
WP 31) Oberndorf, Robert B. (May 2004), Law Harmonisation in Relation to the
Decentralisation Process in Cambodia
20
CDRI Working Paper Series No. 101
WP 30) Hughes, Caroline & Kim Sedara with the assistance of Ann Sovatha (February 2004),
The Evolution of Democratic Process and Conflict Management in Cambodia: A
Comparative Study of Three Cambodian Elections
WP 29) Yim Chea & Bruce McKenney (November 2003), Domestic Fish Trade: A Case
Study of Fish Marketing from the Great Lake to Phnom Penh
WP 28) Prom Tola & Bruce McKenney (November 2003), Trading Forest Products in
Cambodia: Challenges, Threats, and Opportunities for Resin
WP 27) Yim Chea & Bruce McKenney (October 2003), Fish Exports from the Great Lake
to Thailand: An Analysis of Trade Constraints, Governance, and the Climate for
Growth
WP 26) Sarthi Acharya, Kim Sedara, Chap Sotharith & Meach Yady (February 2003), Off-
farm and Non-farm Employment: A Perspective on Job Creation in Cambodia
WP 25) Chan Sophal & Sarthi Acharya (December 2002), Facing the Challenge of Rural
Livelihoods: A Perspective from Nine Villages in Cambodia
WP 24) Kim Sedara, Chan Sophal & Sarthi Acharya (July 2002), Land, Rural Livelihoods
and Food Security in Cambodia
WP 23) McKenney, Bruce & Prom Tola. (July 2002), Natural Resources and Rural Livelihoods
in Cambodia
WP 22) Chan Sophal & Sarthi Acharya (July 2002), Land Transactions in Cambodia: An
Analysis of Transfers and Transaction Records
WP 21) Bhargavi Ramamurthy, Sik Boreak, Per Ronnås and Sok Hach (December 2001),
Cambodia 1999-2000: Land, Labour and Rural Livelihood in Focus
WP 20) So Sovannarith, Real Sopheap, Uch Utey, Sy Rathmony, Brett Ballard & Sarthi
Acharya (November 2001), Social Assessment of Land in Cambodia: A Field Study
WP 19) Chan Sophal, Tep Saravy & Sarthi Acharya (October 2001), Land Tenure in
Cambodia: a Data Update
WP 18) Godfrey, Martin, So Sovannarith, Tep Saravy, Pon Dorina, Claude Katz, Sarthi
Acharya, Sisowath D. Chanto & Hing Thoraxy (August 2001), A Study of the
Cambodian Labour Market: Reference to Poverty Reduction, Growth and Adjustment
to Crisis
WP 17) Chan Sophal, & So Sovannarith, with Pon Dorina (December 2000), Technical
Assistance and Capacity Development at the School of Agriculture Prek Leap
WP 16) Sik Boreak, (September 2000), Land Ownership, Sales and Concentration in
Cambodia
WP 15) Godfrey, Martin, Chan Sophal, Toshiyasu Kato, Long Vou Piseth, Pon Dorina, Tep
Saravy, Tia Savara & So Sovannarith (August 2000), Technical Assistance and
Capacity Development in an Aid-dependent Economy: the Experience of Cambodia
WP 14) Toshiyasu Kato, Jeffrey A. Kaplan, Chan Sophal & Real Sopheap (May 2000),
Enhancing Governance for Sustainable Development
WP 13) Ung Bunleng, (January 2000), Seasonality in the Cambodian Consumer Price
Index
21
A Rights-Based Approach to Development: A Cambodian Perspective
WP 12) Chan Sophal, Toshiyasu Kato, Long Vou Piseth, So Sovannarith, Tia Savora, Hang
Chuon Naron, Kao Kim Hourn & Chea Vuthna (September 1999), Impact of the
Asian Financial Crisis on the SEATEs: The Cambodian Perspective
WP 11) Chan Sophal & So Sovannarith (June 1999), Cambodian Labour Migration to
Thailand: A Preliminary Assessment
WP 10) Gorman, Siobhan, with Pon Dorina & Sok Kheng (June 1999), Gender and
Development in Cambodia: An Overview
WP 9) Teng You Ky, Pon Dorina, So Sovannarith & John McAndrew (April 1999), The
UNICEF/Community Action for Social Development Experience—Learning from
Rural Development Programmes in Cambodia
WP 8) Chan Sophal, Martin Godfrey, Toshiyasu Kato, Long Vou Piseth, Nina Orlova, Per
Ronnås & Tia Savora (January 1999), Cambodia: The Challenge of Productive
Employment Creation
WP 7) McAndrew, John P. (December 1998), Interdependence in Household Livelihood
Strategies in Two Cambodian Villages
WP 6) Murshid, K.A.S. (December 1998), Food Security in an Asian Transitional Economy:
The Cambodian Experience
WP 5) Kato, Toshiyasu, Chan Sophal & Long Vou Piseth (September 1998), Regional
Economic Integration for Sustainable Development in Cambodia
WP 4) Chim Charya, Srun Pithou, So Sovannarith, John McAndrew, Nguon Sokunthea,
Pon Dorina & Robin Biddulph (June 1998), Learning from Rural Development
Programmes in Cambodia
WP 3) Kannan, K.P. (January 1997), Economic Reform, Structural Adjustment and
Development in Cambodia
WP 2) McAndrew, John P. (January 1996), Aid Infusions, Aid Illusions: Bilateral and
Multilateral Emergency and Development Assistance in Cambodia. 1992-1995
WP 1) Kannan, K.P. (November 1995), Construction of a Consumer Price Index for
Cambodia: A Review of Current Practices and Suggestions for Improvement
22
Cambodia Development Resource Institute
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