Cambodia rushes anti-corruption law through parliament

March 12, 2010
ABC Radio Australia

Cambodia's parliament has approved a controversial anti-corruption law, more than 15 years after the legislation was first proposed. The country is consistently ranked as one of the most corrupt countries in the world and the government has repeatedly come under fire from foreign donors and activists over its apparent unwillingness to tackle the problem. All 82 members of parliament, most of whom were from Prime Minister Hun Sen's Cambodian People's Party, raised their hands to approve the law. But the law has been by civil society groups and the opposition Sam Rainsy Party.

Presenter: Robert Carmichael
Speakers: Son Chhay, legislator, opposition Sam Rainsy Party (SRP); Yong Kim Eng, Coalition for Integrity and Social Accountability

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CARMICHAEL: More than 15 years after it was first proposed, Cambodia's parliament finally passed the country's anti-corruption law on Thursday. Since Cambodia is one of the world's most corrupt nations this sounds like good news. But there are plenty here who would disagree, and for a number of reasons.

Firstly the ruling Cambodian People's Party made the law public just one week ago before announcing that it would be put to parliament, which the ruling party controls, on Wednesday.

The political opposition was outraged at the unseemly haste, as were civil society groups. Even the United Nations weighed in, adding its voice to an ultimately unsuccessful chorus which wanted the government to allow more time to debate the law.

Then there is the law's content. The opposition Sam Rainsy Party says this is a law that will foster corruption, not punish it. But its voice went unnoticed in parliament, and after seeing all of its suggested amendments ignored during the two days of debate, the opposition walked out.

SRP legislator Son Chhay, one of those who walked out, says the law has little to do with fighting corruption and believes instead it will be used as a means of political control, and to punish those the government does not like. Son Chhay says one of the measures rejected by the ruling party was a request to amend the wording on the public disclosure of assets. Under the law's wording as passed, all such disclosure is confidential.

CHHAY: Because we believe that if you treat the declaration of the asset as top-secret, particularly the asset of those in government, this kind of declaration will become meaningless. So we want the public should have the right to know what these senior government assets are all about.

CARMICHAEL: The law does have some promising provisions: For example politicians, military personnel, police, judges, and civil servants must disclose their wealth to the anti-corruption body.

Yong Kim Eng is from the Coalition for Integrity and Social Accountability (CISA), a collection of civil society groups that advocate against graft. He was also part of a group that collected 1 million Cambodian signatures against corruption - the papers are stacked in a huge block in one corner of his office.

Yong Kim Eng says a key flaw is that the anti-corruption bodies established under this law will be staffed by appointees of the ruling party, and will report directly to the prime minister.

ENG: Also we have questioned a lot about that as well - about independence, about what it will be accountable for. We want to have enough independence that this body can take action, can reduce the corruption in Cambodia.

CARMICHAEL: So what does Yong Kim Eng think about the passage of this law?

ENG: We cannot say good day or bad day right now. But we wait to see the implementation, the law enforcement, and the process of recruitment of the people to work in the Supreme National Council and the anti-corruption unit.

CARMICHAEL: But Son Chhay, a veteran critic of corruption in Cambodia, is gloomy about the law's prospects.

CHHAY: I believe it is a bad day for the country. We are waiting for so long to have a law, a system, a mechanism that can be used to fight corruption. We have at least 45 percent of the population are living below the poverty line, and we have a handful of families who become billionaires in this country while there are so many starving. So it is a very, very, very hard time at the moment for the country.

CARMICHAEL: That Cambodia has a serious problem with corruption is not in dispute - even the government admits that. What will count is whether the law will help to turn that problem around, and you don't have to look hard to find many people who believe that is unlikely.A