Rights groups blame government for delay in anti-corruption law

Tuesday, 09 December 2008
Written by Meas sokchea
The Phnom Penh Post

Slow path to justice
First proposed in the 1990s, Cambodia's anti-corruption law would see the formation of a Supreme National Council Against Corruption, comprised of a board of directors representing legislative and judicial bodies, and an executive body to conduct investigations.

A statement issued Monday calls on civil groups to work with donors to push for government movement on draft legislation

GOVERNMENT inaction and a long history of pilfering by high officials have been blamed for the decades-long delay in enacting national anti-corruption legislation, a 10-member umbrella rights group said Monday.

"There is no political will to establish this law to punish corruption because powerful government officials have been involved in embezzling national properties," said Heang Rithy, head of the Committee for Strict Law Enforcement for Human Rights in Cambodia, in a statement.

The statement outlined potential strategies by which rights groups could pressure the government to formally adopt anti-graft laws, urging closer cooperation with donor countries and diplomatic missions. This could, the committee said, push the government to finalise its draft of the law and submit it to the National Assembly for formal adoption.

Cambodia needs independent institutions to review the private sector, the government and officials at all levels who must be required to declare their property and assets in order to combat corruption, said Heang Rithy, who is also president of the Cambodian National Research Organisation.

Officials must also be made to follow a stricter policy of good governance through the adoption of anti-corruption legislation, the committee said.

Rampant corruption denies access to justice for all of Cambodian society, the committee said, because it contributes to an increase in poverty and presents the single-greatest obstacle to greater development countrywide.

"THERE IS NO POLITICAL WILL TO ESTABLISH THIS LAW TO PUNISH CORRUPTION."

Lem Pichenda, president of group member Khmers for Emergency Relief and Development, said an anti-corruption law will never be enacted without strong government support. "We issued this statement to remind the government of this [anti-corruption] legislation," he said.

Unnecessary legislation?

Government spokesman and Minister of Information Khieu Kanharith on Monday criticised the committee for refusing to face facts and for its ignorance of Cambodian law.

"If the government was not good, then donors would not have provided aid to Cambodia," he said, referring to an announcement Friday at the annual donor-government meeting of nearly US$1 billion in pledged aid for 2009.

"They have not provided us with millions of dollars for useless spending," he said.

Civil Society Pushed For Approval Of Anti-Corruption Laws

Anti-corruption campaign by civil society at the end of 2006. On 16th May a march similar to this will be organised to present the petitions to the National Assembly.

9th May 2008
By Chea Makara
Radio Free Asia
Translated from Khmer by Khmerization
On the web at http://khmerization.blogspot.com
Click here to read the original article in Khmer

Civil society on 9th May released a statement that they will present petitions with over one millions thumbprints and signatures to the National Assembly to request that this institution speed up the ratification of the Anti-Corruption Laws.

Mr. Pok Puthearith, who is in charge of collecting the thumbprints and signatures, said that the petitions will be presented to the government and the National Assembly on the 16th of May. He said that about more than 100 representatives from 40 civil societies will march from the headquarter of the Legal Right Protection in Cambodia to the National Assembly.

In response to the push for the speed up of the ratification of Anti-Corruption Laws, Mr. Cheam Yeap, MP for the Cambodian People's Party said that the delay in the approval of these laws was due to the disagreements on 5 points of the laws. He said: "There were 5 sticking points that I knew of. The first reason for the delay was the definition of the word 'corruption'. We want a clear definition so as not to leave any loopholes for judges to make unwise decisions or to commit injustices. Secondly was in relation to the Anti-Corruption Commission which many people want it to be independent (of the government). We also want it to be independent. Thirdly was in relation to the declaration of assets (of officials before and after holding public positions). Fourthly was in relation to the Secretariat of the Anti-Corruption Commission which some people want to give this commission overwhelming powers. In our constitution, there are only three powers and that is the Executive, the Legislative and the Judiciary. So if we give too much power to this body it will become the fourth power. That's why there is a further delay. And the fifth reason of the delay was the penalty/punishment."

However, Mr. Cheam Yeap said that the Anti-Corruption Laws will be approved in the fourth term of the government.

In relation to the Anti-Corruption Laws, Mr. Khieu Kanharith, the government spokesman, said that not only that the government officials should be subject to declaration of their assets, the parliamentarians and members of the civil society must also declare their assets as well. He said: "The members of parliament must also declare their assets. But I wish to propose that members of the civil society must also declare their assets. What do they think about this? Whoever has salary of more than 1,000,000 ($US250) riels must be subject to scrutiny."

It must be noted that the Anti-Corruption Laws have been drafted more than 10 years (in fact 14 years to be exact) ago but until now they have not been introduced and approved by the parliament yet.