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

Click here to listen to the audio program (Windows Media)

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

Groups Want Debate Delayed for Graft Law

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
09 March 2010

“This law is under the honor and reputation of the CPP ... We won’t destroy our honor, prestige and reputation” - CPP Cheam Yiep

A committee of rights organizations is recommending that the National Assembly delay debate on an anti-corruption bill for at least a month, allowing time for the long-awaited draft to be studied before it is passed into law.

“Our recommendations will help promote the effectiveness of the fight against corruption,” Sok Samoeun, director of Cambodian Defenders Project, told reporters Tuesday. “If the National Assembly denies our recommendations, the situation of corruption in Cambodia will remain unsolved.”

The draft law creates an independent Anti-Corruption Council and an anti-corruption unit under the Council of Ministers. The 11-seat council will consist of political appointees, as an oversight body. The draft also requires public officials to disclose their assets and empowers the courts to seize property and assets.

The Cambodian Human Rights Action Committee on Tuesday forwarded its request to the National Assembly, requesting a one-month delay for debate on the bill, which is scheduled for Wednesday.

The coalition requested that the National Assembly open the draft for public debate.

It also suggested that the Anti-Corruption Council to be independent, rather than comprised of political appointees, and for the head of the anti-corruption unit under the Council of Ministers to be separate from the council. The head of the unit should be required to disclose his or her assets, the committee said in a statement Tuesday.

The law needs to be stronger in its protection of witnesses and informants who come forward against corruption, the group said.

“Our recommendation is the main step in fighting corruption,” Ny Chakrya, chief investigator for the rights group Adhoc, told reporters Tuesday. “If the National Assembly passes the anti-corruption law without the NGOs’ recommendations and participation in discussions, this anti-corruption law will be a very weak law, will not have international standards, and will not prevent corruption.”

Meanwhile, 15 opposition lawmakers from the Sam Rainsy Party issued a letter to National Assembly President Heng Samrin requesting a delay for debate until April, after the Khmer New Year.

“We all understand that to solve the high responsibility of the legislature in the anti-corruption law, the National Assembly should delay the special session to debate the draft law,” the lawmakers wrote. The lawmakers requested enough time to study the draft in order to ensure “effective implantation” of the law after it passes.

Cheam Yiep, a lawmaker for the Cambodian People’s Party, said the request for delayed debate had come “too late,” but he promised effective implementation of the law after it is passed.

“This law is under the honor and reputation of the CPP,” he said. “We won’t destroy our honor, prestige and reputation.”

Cambodia: Anti-Corruption Advocacy of Bloggers

Wednesday, December 9th, 2009
By Sopheap Chak
Global Voices Online

In denoting the International Anti-Corruption Day, annually celebrated on December 9th, the United Nation Office on Drug and Crime posted:

“Attitudes on corruption are changing. As recently as ten years ago, corruption was only whispered about. Today there are signs of growing intolerance toward corruption and more and more politicians and chief executives are being tried and convicted”

This phenomenon is reflected to some degree in Cambodia due to the fact that there are many discussions and awareness raising on corruption.

Borin who originated from Sihanouk Ville opened a critical discussion on the government’s claim that “Corruption is every where, even in the developed countries.” He accepted that corruption exists everywhere and varies in degree. While his blog’s commentators offered that there is the situation that corruption can be either acceptable or unacceptable, Borin resisted the fallacy of justification of corruption.

“Corruption is every where, but there are places that it is worse, and places that are better. So to say, a government is good enough because corruption is everywhere, is not acceptable. To say you’re good you must be ranked among the cleanest, not the dirtiest. To me there’s no acceptable corruption,” said Borin.

While acknowledging that corruption is hard to eliminate, Borin suggested that there must be an effort to reduce the degree of existing corruption, so that Cambodia will be ranked better in terms of anti-corruption.

KI Media recently posted a short article on the release of Transparency International's 2009 Corruption Perception Index (CPI):

“Cambodia's rank moved to 158 out of a total of 180, a slight improvement over 2008 when Cambodia ranked 166. Among ASEAN countries, Cambodia ranks lowest along with Laos.”

Such ranking improvement signals a positive reform in the country while the Prime Minister Hun Sen also publicly announced that the long-awaited Anti-Corruption Law will be passed by December 11, which is apparently to coincidence with the celebration of the Anti-Corruption Day.

“I officially announce that the anti-corruption law will not be delayed anymore,” he said. “Within this year, the Cabinet will pass the long-awaited anti-corruption law,” reported VOA.

It is maybe also contributed by many efforts of the civil society movement ranging from the NGOs working group on anti-corruption to individuals who keep raising public awareness and advocating for the rule of law respect and “say no to corruption.” There is also an emerging blog advocacy initiated by more than 40 local NGOs with the funding from USAID through Pact-Corruption. This blog, with technical support from Open Forum, appears in both Khmer and English language under the name “Kampuchea Deumbey Pheap Saat Saam” or “Corruption-Free Cambodia.” Reading from the blog’s project, it says:

“The website, in short, is the important means to pave the way for the people, an information source to provide knowledge about the impacts of corruption, and an opportunity to all interested people to participate in the struggle to alleviate corruption and promote integrity.”

In his blog, Morn Vutha, a blogger and Project Coordinator of Open Forum of Cambodia, also launched a campaign to introduce the above Saatsam website with the appeal to the public to participate and give him feedback on blog design, so that it can better serve the public.

Similarly, a prominent blogher, Kounila Keo dedicates one of her blueladyblog.com’s content on corruption alone. In some posts, she shares her experience on facing corrupt officials and she keeps impressing that there are those who could become rich with honest business. In one of her anti-corruption articles, she ponders the root cause of corruption in Cambodia of which she attempted to link the role of trauma caused by the impact of civil war, poverty, and mainly the lack of certain education and greed. In her blog, she says:

“Between POVERTY and CORRUPTION, which one comes first? […] They both in fact complement each other. But in my point of view, a lack of certain education and moral value, greed and fear of anything bad that will happen to people again like wars are big contributors to corruption.”

She finally shared similar opinion to Borin that corruption does exist everywhere in the world and it is hardly to be stopped. However, she suggests the way that individuals can hugely contribute to reduce corruption by firstly stopping the evil within ourselves and persisting not to fall into the traps of corruption. In her ending post, she appeals:

“The nationals must feel sad about this ranking of Cambodia as such– or we can say, “Who cares?” .. But well, who cares for us if we don’t care for ourselves?… Without corruption, human rights value will be increased.

Worsening Corruption Hampers Businesses: Studies

By Reporters, VOA Khmer
Original report Phnom Penh
01 June 2009

High corruption, worsening “informal” charges, low transparency and crime remain concerns for business and investment expansion in Cambodia, especially in the downturn, two recent studies conclude.

A World Bank survey of 500 companies in the cities of Phnom Penh and Siem Reap and the provinces of Preah Sihanouk and Kampong Cham show that even with good performance in the economy, corruption remained their top concern. The second-highest worry was macroeconomic uncertainty due to deteriorating conditions in the global economy. The third-highest was anti-competitive practices.

“If business owners have concerns about the business environment, it reduces their willingness to take production risks and constrains growth,” the World Bank found.

A study by the International Finance Corporation and the Asia Foundation, meanwhile, found that informal charges have worsened, with 75 percent of more than 1,200 business owners surveyed claiming bribery was regularly required to win government contracts.

Furthermore, transparency of business documentation declined, the study found, as fewer firms have access to basic business documentation.

“Transparency is critical for small business,” the study said. “Without such information, firms avoid expansion for fear of experiencing unanticipated problems due to change in laws and other factors that impact the business climate.”

When Cambodia’s economy was growing, as it has for a number of years, such problems didn’t seem as serious as now, said Qimiao Fan, the World Bank’s Cambodia representative. But the global downturn has had a significant impact on Cambodia, so continued problems in the business environment could force some companies out of business, while potential investors look to other countries.

“I urge you all to take an active part to prepare Cambodia to a new level of initiative investment climate,” he said. “So that we can ensure Cambodia’s businesses are very competitive, not just in the country, not just in the region, but across the world.”

Commerce Minister Cham Prashidh agreed, promising to push local authorities to build up a better investment climate.

“The global financial crisis has made Cambodia’s economy worse,” he said. “At this time we have to make a better investment climate, such as transparency, and reduce corruption as much as possible.”

“Despite continued rapid growth, Cambodia is still regarded as a country where doing business is difficult,” the World Bank said its study.

Cambodia was ranked 135 out of 181 countries in the World Bank’s “Doing Business Rankings” and scored 110 out of 131 on a world competitiveness index.

The two studies found Cambodia lacking in large-scale investment, while small businesses increased dramatically.

Foreign direct Investment to Cambodia fell from $886.5 million in 2007 to $786.5 million in 2008, according to National Bank figures.

The studies did show some progress in Cambodia’s business climate, including lower entry cost, lower time cost for regulatory compliances, and an improvement in tax administration.

Court Drops Judicial Academy Bribery Case [-What else is new under Hun Sen's corrupt regime?]

By Sok Khemara, VOA Khmer
Original report from Washington
22 May 2009

As a fifth class of judiciary students were preparing to begin classes at a government academy this year, Phnom Penh Municipal Court documents show that a $55,000 bribery suit between a prospective student and one near-graduate was nearly fought.

According to the official complaint, obtained by VOA Khmer on the condition that names not be used, the plaintiff, whose “younger sibling” hoped to enter the Royal Academy for Judicial Professions, paid $35,000 to a Class Three student, having been promised the money would earn the sibling a seat in the prestigious school.

The case was settled out of court this month, according to a Phnom Penh court source, with the academy student agreeing to return $35,000 to the plaintiff.

The filing of such a complaint underscores at least a perceived understanding that it takes money to get a seat at the donor-supported school. The complaint also adds weight to complaints by students who are already in the school and who say they must pay bribes in order to get judge’s seats across the judicial system.

The defendant who allegedly took the money was a student in Class 3 of the academy who has finished school and is awaiting professional assignment in Cambodia’s court system, the court source said. Two students at the academy contacted by VOA Khmer also said the defendant was a Class 3 student.

“Before the exam, the school called [the defendant] to meet all the students and asked whether they should allow him to take his exams or not, as he was implicated in a court case on taking someone’s money to ‘run business’ for a judicial student seat,” the court source told VOA Khmer, on condition of anonymity. “At that time, students agreed then that he could take the exam; otherwise, he would have already lost his career.”

Judicial students contacted by VOA Khmer said the case had been discussed at the academy.

The plaintiff, a 30-year-old woman from Phnom Penh, claims in the complaint she paid the former student to secure a position for her “younger sibling” to enter Class Five of the academy.

After her family member did not gain admittance, the plaintiff filed suit to have the $35,000 returned and for $20,000 in further compensation, according to the court document, registered as No. 566.

The defendant, the woman wrote the court prosecutor, “has used tricks to cheat and took money from me, $35,000…by lying that he took it to use in the liaison work so that my younger sibling [redacted] be admitted as a Class Five student judge. But when the examination day arrived, surprisingly, [redacted] was not on the list of the examination, and [defendant] just disappeared.”

The court source told VOA Khmer the defendant had apparently taken the money but instead of bribing officials to secure admittance to the academy had spent it on personal expenses.

“When he spent all of it out of pocket, that money did not ‘run business,’” the source said. “The [plaintiff] was angry and filed a lawsuit to the court, as he did not even pay back the money taken.”

The two sides reconciled out of court, the source said.

The defendant and plaintiff could not be reached for comment Wednesday as phone numbers were not available to VOA Khmer.

Koet Sekano, secretary-general of the Royal Academy for Judicial Professions, reached by phone Wednesday, said he had no time to speak with a VOA Khmer reporter.

Chea Meth, leader of Class Three, which recently graduated, told VOA Khmer on Wednesday that the court case was a “personal” matter of another student.

“For me, I do not know if there have been any implications with money or whatever,” he said.

Chea Meth, and fellow Class Three graduates Yet Molin and Hok Pov, also reached by phone Wednesday, denied paying money ensure spots in the academy and said they had no knowledge of the bribery case.

Class Five began May 4.

The court complaint is further evidence of a perception of corruption and bribery within the ranks of those who wish to join Cambodia’s judicial profession, which has come under fire by academy students in recent weeks, even as the UN-backed Khmer Rouge tribunal struggles with allegations that some Cambodian staff members pay kickbacks for their positions.

Some at the academy expect to pay at least $20,000 to be seated as judges or other court officials in the judicial system, according to VOA Khmer interviews over the past three months with three current students and one graduate of the Royal Academy for Judicial Professions, a Phnom Penh court official, a Ministry of Justice official and others.

“It’s shameful for me to do this, but there is no choice,” said one student, who explained how he paid thousands of dollars to ensure he’d pass his entrance exam and gain a seat in the academy. “I joined this career because I saw that the salary of the judge was better than the government, and in the process of [national] reform, this is a better paying job than others.”

Another current student at the academy said to become a judge was to have a chance to reform the country, even if money was paid to secure the opportunity.

“We go not to do a bad thing, but to help promote good action in the court,” this student said.

Former and current students described having to pay older classmates money to use as brokerage for judge’s positions in the court system after graduation, including as much as $150,000 to be a judge in Phnom Penh. Money is paid cash up front, before admittance into the elite academy, they said.

The government has denied the allegations, and a leading government lawyer, Heng Vong Bunchat, on Wednesday refused to comment further to VOA Khmer.

“I’m not a person clarifying things for you,” said Heng Vong Bunchat when reached by phone. “You are [working for] a radio that… has no responsibility. You’re so mighty. You [are working for] a radio of a superpower. You must seriously think [of the consequences]. Once one is influential, he has to seriously think [of the consequences]. You just flip here and there [referring to broadcasting] and then make a phone call. I [derogative] never see your face and now come here to show your face.”

For a full transcript of the phone interview with Heng Vong Bunchat, read the following post

Hun Sen Berates Traffic-Jam Bribery [-The supreme bribe-taker berates bribery?]

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
19 May 2009

Prime Minister Hun Sen called on high-ranking officials and wealthy businessmen to stop giving money to the nation’s police in lieu of following the law, especially in traffic jams.

“Some government leaders give money to traffic police and the gendarmeries, but sometimes this kindness scorns the forces who apply the law and scorns the law as well,” Hun Sen said at a ceremony to change heads of the government’s counter-drug office. “Please stop doing it.”

The remarks follow reports of rich or powerful officials paying extra money to traffic police and other authorities to help move them through traffic jams that are becoming more frequent in the capital.

Hun Sen is shuffling leadership of the National Authority for Combating Drugs from Interior Minister Sar Kheng to Gen. Ke Kim Yan, the former head of the armed forces who was sacked earlier this year.

Sam Rainsy: Change the government if you want a better living condition

Sam Rainsy addressing factory workers in front of Wat Botum (Photo: SRP)

07 July 2008
Everyday.com.kh
Translation from Khmer by Heng Soy

Opposition leader Sam Rainsy called on factory workers to vote to change the current country leaders, and to provide their support to the SRP if they want to have a better living condition. Sam Rainsy made this call during a meeting with several thousands of workers from various factories in front of Wat Botumvatey pagoda in Phnom Penh, during an election campaign which has been underway for the past two weeks.

In his speech to the workers supporting his party, Sam Rainsy raised about the corruption issue, the salary increases for workers and civil servants in order to attract support for his party. Sam Rainsy said that his party fought corruption for the past 15 years in order to provide justice for Cambodian people.

He called on all Cambodians, civil servants, factory workers to vote to support the SRP so that it can lead the 4th mandate government, and it can eliminate corruption, lower the price of gasoline, increase the salary of factory workers and civil servants through the ending of the corruption practice adopted by the Oknhas who are bribing high-ranking government officials. Sam Rainsy said that money which was used in the corruption will be used to increase the salary of factory workers.

Sam Rainsy added that if his party wins the election, the new SRP government will improve the economy, the youths will have decent jobs and salary. At the same time, Sam Rainsy also promised that if the SRP wins, the SRP will increase the salary of factory workers to $100 per month. Sam Rainsy also criticized the $6 salary pay supplement, saying that this supplement looks down on the workers, and that the workers’ salary should be raised to $100 per month, instead of the $6 supplement to the $56 monthly salary because this is not enough to counter the effect of the current price inflation.

Furthermore, for the salary of civil servants, teachers, police offices, soldiers, Sam Rainsy said that they must receive 400,000 riels (~$100) in monthly salary, and they must obtain supplementary pay of at least 50,000 riels (~$12.50) per child, and 100,000 riels (~$25) for the spouse for them to be able to survive with the current inflation rate.

Sam Rainsy attacked the CPP without directly naming it, saying that another party did not think about the earning income for civil servants, factory workers in order for them to sustain their livelihood. This party (CPP) provides one sarong and one package of MSG to the people, but these people do not have a decent living condition at all, and Cambodians cannot live on this meager donations which take place only once in a while.

At the same time, Sam Rainsy demanded to the Ministry of Labor to issue a directive to factory and company owners to pay their workers on 20-21 July so that these workers have the money to travel back to their birthplaces to vote on 27 July.