Vong Sokheng and James O’Toole
The Phnom Penh Post
The government’s draft law on procurement is set to go to the Council of Ministers next week, despite concern from civil society groups about whether the legislation will effectively promote transparency in bidding for public contracts.
Ou Bon Long, a secretary of state at the Ministry of Economy and Finance, said yesterday that his ministry “is preparing to send the draft law to the Council of Ministers next week”, adding that the law would support the government’s efforts in public financial reform. “We made this law with the aim to ensure transparency in the public bidding process,” he said.
The legislation addresses a process that has long been fertile ground for corruption, plagued by “cronyism” and a lack of transparency, said Chheng Kimlong, a lecturer in business and economics at the University of Cambodia. But some NGO officials fear that the draft law does not go far enough in promoting an open bidding process and needs to provide for greater oversight.
The draft law calls for public contracts to be awarded through “public, competitive bidding” with oversight from the Finance Ministry, though it is not clear how such transparency will be compelled and information from the bidding process made available.
A provision for independent groups to access to this information and monitor the procurement process could help address this issue, said San Chey, local fellow for the Affiliated Network for Social Accountability in East Asia and the Pacific.
“If there is a lack of participation by watchdogs within the bidding process, it will create opportunities for corruption … that will affect public services and create losses from the national budget,” he said.
The law does not apply to procurements deemed “politically sensitive” or otherwise exempted by order of the Council of Ministers or the Prime Minister, according to an unofficial translation of the draft. It also does not apply to the concession process and the sale of state properties, nor to procurement projects funded by donors that are subject to their own financing regulations.
The current guidelines for public procurement are set out in a government guidebook on project implementation, and by the respective regulations of ministries involved in such projects.
Sok Sam Oeun, executive director of the Cambodian Defenders Project, said local authorities should be given more of a role in procurement under the new legislation in order to reduce the bureaucracy involved and make the process easier for bidders.
“We demand that the government deliver power to local authorities, with the participation of NGO watchdogs, in order to ensure transparency when there is an opportunity for procurement,” he said.
Another worry for some observers is the fact that there has been little public consultation on the draft law. In addition to the criticisms from NGOs, Chheng Kimlong said there were “lots of concerns” from the private sector that could be addressed through a more inclusive drafting process.
Ou Bon Long said the Finance Ministry was willing to make changes to the law “when civil society groups are able to provide appropriate recommendations”.
United States embassy spokesman Mark Wenig said in an email yesterday the US was “encouraged” by the draft law, and that a more transparent procurement process “will benefit both bidders and procuring agencies, and increase Cambodia’s attractiveness as a destination for foreign investment”.
1 comment:
Koh Tral Island must not be forgotten
By Ms. Rattana Keo
Why do Koh Tral Island, known in Vietnam as Phu Quoc, a sea and land area covering proximately over 30,000 km2 [Note: the actual land size of Koh Tral itself is 574 square kilometres (222 sq miles)] have been lost to Vietnam by whose treaty? Why don’t Cambodia government be transparent and explain to Cambodia army at front line and the whole nation about this? Why don't they include this into education system? Why?
Cambodian armies are fighting at front line for 4.6 km2 on the Thai border and what's about over 30,000km2 of Cambodia to Vietnam. Nobody dare to talk about it! Why? Cambodian armies you are decide the fate of your nation, Cambodian army as well as Cambodian people must rethink about this again and again. Is it fair?
Koh Tral Island, the sea and land area of over 30,000 square kilometres have been lost to Vietnam by the 1979 to 1985 treaties. The Cambodian army at front line as well as all Cambodian people must rethink again about these issues. Are Cambodian army fighting to protect the Cambodia Nation or protecting a very small group that own big lands, big properties or only protecting a small group but disguising as protecting the Khmer nation?
The Cambodian army at front lines suffer under rain, wind, bullets, bombs, lack of foods, lack of nutrition and their families have no health care assistance, no securities after they died but a very small group eat well, sleep well, sleep in first class hotel with air conditioning system with message from young girls, have first class medical care from oversea medical treatments, they are billionaires, millionaires who sell out the country to be rich and make the Cambodian people suffer every day.
Who signed the treaty 1979-1985 that resulted in the loss over 30,000 km2 of Cambodia??? Why they are not being transparent and brave enough to inform all Cambodians and Cambodian army at front line about these issues? Why don't they include Koh Tral (Koh Tral size is bigger than the whole Phom Phen and bigger than Singapore [Note: Singapore's present land size is 704 km2 (271.8 sq mi)]) with heap of great natural resources, in the Cambodian education system?
Look at Hun Sen's families, relatives and friends- they are billionaires, millionaires. Where did they get the money from when we all just got out of war with empty hands [in 1979]? Hun Sen always say in his speeches that Cambodia had just risen up from the ashes of war, just got up from Year Zero with empty hands and how come they are billionaires, millionaires but 90% of innocent Cambodian people are so poor and struggling with their livelihood every day?
Koh Tral was a Cambodian island, and technically and legally, remained a Cambodian island until today.
Smart Khmer girl Ms. Rattana Keo,
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