Wednesday, October 24, 2007

Commentary: Policing Phnom Penh and New Delhi

PHNOM PENH, Oct. 23
BIJO FRANCIS
UPI Asia Online


Column: Incredible India

For those who are enthusiastic about firing a few rounds from an M16 or an AK47 or even throwing a few grenades for fun, the Kingdom of Cambodia has rolled out its carpet. Advertisements in hotel lobbies in the kingdom, particularly in Phnom Penh, lure visitors to "shooting gun" expeditions where the tourists could try their skills with sophisticated military-issue weapons for as little as US$10.

Guns, grenades and other weapons are easily available on the open market in the kingdom. This may explain in part why the crime rate is alarmingly high. In Cambodia, to be relatively sure of one's personal safety it is advisable to have personal bodyguards.

For those who wish to be surrounded by personal guards armed to the teeth whenever they step out of the relative safety of their hotel rooms, the government of India has also rolled out its carpet. Checking into a hotel in any state in north India, one can see several armed men keeping watch over the hotel premises and the guests. It is usual practice in India, for those who can afford it, to employ several armed men for protection. This is a necessary precaution to avoid problems like abduction for ransom or other threats.

Why do ordinary people resort to extraordinary means to protect their personal safety? The answer is simple - their perception of the security and safety provided by the government is low. On this count Indians and Cambodians probably share the same feeling. To find out more one need not conduct a yearlong survey or read a few dozen books. One need only observe what is going on in the streets.

In the streets of Phnom Penh it is common to see police officers stopping vehicles for random checks. When a vehicle stops, the driver doesn't get out of his seat; he merely waves a few currency notes or tosses them out the window. The officer collects them and lets the vehicle pass.

It is not much different in India. In the streets of New Delhi, particularly at night, one can see police officers stopping vehicles around every other corner, allegedly for security checks. Most drivers approach the police officer with their vehicle registration and driving license. But before handing over the documents to the officer, the person will also take out a few rupees and insert them between the documents. The officer collects the money, returns the documents and lets the driver go.

These acts by law enforcement officers are not just a simple form of corruption. This is how the government portrays itself to ordinary people. Such acts speak volumes about governance to the onlooker. In Cambodia and in India corruption is prohibited by law. But the law does not function.

Of course externally there is no comparison between India and Cambodia. But internally, the systems that prevent crime and promote law and order have withered away alarmingly in both countries. The public perception of local police in Cambodia and in India is not much different. The police in both countries are considered to be corrupt to the core and are often referred to as a pack of criminals. Being considered corrupt is far different from being charged as a criminal.

In a recent survey conducted in Denmark about the peoples' trust in government agencies, the Danish police were elected as the most trusted government agency. This is not because the performance of other government services in Denmark is so bad. In fact every such survey stirs competition between different government agencies, who seek to outperform one another and to be the best for the next year. In countries like India and Cambodia such surveys paint a painful picture about the police and other essential services provided by the government.

For the ordinary person in any country the perception of the government is influenced by how the government reaches out to the people. The agencies that are in direct contact with the people on a daily basis are not high-profile government departments like the Atomic Energy Department or the Foreign Ministry. It is through the local police, magistrate courts and the like that the ordinary person interacts with the government.

To an ordinary person, if the police officers are good and well-mannered, the government is good. If the local magistrate is compassionate and understanding, the judiciary is a place of justice. The local police stations in India are a far cry from what a police station should be, however. Widespread police misconduct prevents people from approaching them for help. Crimes committed by police officers and their close nexus with local criminals force the ordinary person to conclude that the police are as bad as the criminals.

The local courts also suffer from this image damage. Anyone visiting a local magistrate court in India would find it as bad as a marketplace. The courts are crowded and lack the most basic facilities for proper functioning. Often judicial officers are corrupt and lawyers make their clients pay bribes to the judges. Judicial officers often refuse to take action against criminal police officers.

Justice is the last thing people expect to find in a court in India. The result is, for the ordinary person who cannot afford a private army to protect his person and property, there is nothing to do but remain silent.

Comparing Cambodia and India, it is easily seen that the ordinary person does not trust the police or the judiciary in either country. Yet Cambodia is far different from India. In India a person can at least protest against the government, which a Cambodian cannot, given the total prohibition on public protests there.

The government of Cambodia can suppress its citizens' rights to any extent. This has not been challenged, as there is no space to do so within the legal framework and the way law is practiced in Cambodia as of today. India is not far away from this situation. Sooner or later, Indians could catch up with their Cambodian counterparts. All that is required is to allow the justice system to grow a bit more rotten.
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(Bijo Francis is a human rights lawyer currently working with the Asian Legal Resource Center in Hong Kong. He is responsible for the South Asia desk at the center. Mr. Francis has practiced law for more than a decade and holds an advanced master's degree in human rights law.)

3 comments:

Anonymous said...

This is not a good avenue to take to our future. Please, help our law enforcers to manage their jobs by banning these activities as soon as possible.

Thank you all in advance.

Anonymous said...

It's hard for the police in Cambodia to remain fair and legal, because they are paid a mere $30/month.

Anonymous said...

The solutions are simple as 1-2-3! Just install a very tiny hidden camera in the police Vehicle, motorbike, and communication devices, and use GPS to track them down or once awhile do a sting operation randomly on suspect corrupted police officers to root them out!

When there is a problem and this is always a solution and it may not a perfect solution but it is still a solution!