National budget approved in spite of gross lack of quorum at the NatAss

NatAss ratified the 2012 budget draft law

24 Nov 2011
Everyday.com.kh
Translation from Khmer by OssDey

The 2012 budget draft law was ratified by 86 votes (out of 86) at the NatAss at 11:30 AM on 24 Nov 2011 in spite of the SRP and the HRP MPs’ boycott of the session. According to this draft law, the budget amounts to $2.695 billion, $1 billion of which will be borrowed from overseas.

Cambodian lashes out at UN over anti-graft law

March 12, 2010
ABC Radio Australia

Cambodia has accused the United Nations of "flagrantly interferring" in its affairs and acting as a spokesperson of the opposition, after the UN country team publicly encouraged debate over a new corruption law.

Cambodia's parliament passed the controversial law, which has been 15 years in the making... but was pushed through with MPs having less than a week to consider it. The UN released a statement saying the drafting process had been less than transparent, adding that stakeholders had not seen a draft since 2006.

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.

Cambodian govt accuses UN of 'flagrant interference' [-Samdach 1-Eye sees opposition parties everywhere!]

Draft anti-corruption law was passed by 82 lawmakers, mostly from PM Hun Sen's ruling Cambodian People's Party

Friday, March 12, 2010
AFP

PHNOM PENH — Cambodia on Friday accused the United Nations of "flagrantly interfering" in its affairs after local agencies expressed concern over a controversial anti-corruption law approved this week.

Ranked one of the most corrupt countries in the world, Cambodia passed the law in parliament on Thursday, more than 15 years after legislation to tackle graft was first proposed, but only days after the draft was shared publicly.

Opposition and rights groups said the draft was flawed and asked for more debate, and a statement this week from the UN country team in Cambodia encouraged enough time to ensure "a transparent and participatory" process.

"This so-called 'UN Country Team' should not act out of its mandate, in flagrantly interfering in the internal affairs of a UN member state," said a statement by Cambodia's foreign affairs ministry.

"Furthermore, it should refrain from acting as if it were the spokesperson of the opposition parties," it added.

All lawmakers from the opposition Sam Rainsy Party walked out of parliament in protest just hours before the draft law was passed by 82 lawmakers, mostly from Prime Minister Hun Sen's ruling Cambodian People's Party.

A national anti-corruption council and an anti-corruption unit will be created to oversee investigations, but critics said it was unlikely either body would be effective because both would be controlled by the ruling party.

Public figures face up to 15 years in prison if convicted of accepting bribes, according to the draft law.

The law will take effect after receiving approval from Cambodia's Senate and promulgation from King Norodom Sihamoni, which are both considered formalities.

Cambodia was ranked 158 out of 180 countries on anti-graft organisation Transparency International's most recent corruption perception index.

It was also ranked the second most corrupt Southeast Asian nation after Indonesia in an annual poll by the Political and Economic Risk Consultancy, seen by AFP on Tuesday.

Last year, a US diplomat said that graft costs Cambodia up to 500 million dollars every year, an allegation the government rejected as "unsubstantiated."

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

Opposition Walks as Graft Law Passes

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

Sixteen lawmakers of the opposition walked out of session Thursday, as the National Assembly passed an anti-corruption law that critics warn will not do the job of tackling graft.

The law passed with a vote of 82 ruling party lawmakers, as members of both the Sam Rainsy and Human Rights parties refused to vote.

Sam Rainsy Party members tried to debate the law, which they see as inadequate, on Wednesday, but three Human Rights Party lawmakers boycotted the entire special session.

Members of the Cambodian People’s Party touted the law and its importance to the country, while critics warned it will not effectively fight the corruption donor countries have railed against for years.

“We are very happy for the passage [of the law] and thank the National Assembly,” Cabinet Minister Sok An said after the vote. “This is the product of a long process. It is a new law, a special law, a sensitive law and a very important law for our whole nation.”

Sok An called the law “a new tool to strengthen the existing anti-corruption unit.”

“When this law comes into force, the anti-corruption unit will become a sharper, more effective tool to fight against corruption,” he said.

Yim Sovann, a spokesman for the Sam Rainsy Party, told reporters as he left the Assembly Thursday morning, “We are very disappointed that the National Assembly did not amend some articles as requested by the opposition.”

“We don’t believe this law can be implemented effectively against corruption,” he said. “This law is just to cover up wrongful acts by a corrupt government. And I understand that the anti-corruption law will become a law to protect corruption.”

Lawmakers made no change to the bill as drafted by the Council of Ministers, despite calls from opposition and rights group to create a more independent Anti-Corruption Council and government anti-corruption unit.

Thun Saray, president of the rights group Adhoc, said he regretted the Assembly had not heeded any recommendations from rights groups.

“But we have no power to push the National Assembly,” he said.

If the new law proves incapable of curbing graft and corruption, he said, “the government and the National Assembly will be responsible to the whole nation.”

The law will only serve to support the government of PM Hun Sen and his CPP: Son Chhay

Cambodian legislature passes anti-corruption law

2010-03-11
By SOPHENG CHEANG
Associated Press

Cambodia's National Assembly approved a long-awaited anti-corruption law Thursday, though opposition lawmakers boycotted the vote, charging the legislation was useless.

After two days of debate, the lower house of parliament agreed by a vote of all 82 members present to pass the legislation, 15 years after it was first proposed.

The 16 members of the opposition Sam Rainsy Party who took part in the debate Thursday walked out before the ballot, saying the provisions of the law would only add to the problem of corruption because it's not independent.

Cambodia is routinely listed by independent groups such as Transparency International as one of the most corrupt countries in Asia. The poor country is heavily dependent on foreign aid, and often faces criticism _ though only weak pressure _ from donor countries unhappy about the situation.

Last year, the U.S. ambassador asserted that corruption saps Cambodia of up to $500 million a year that could otherwise be used for development, but the government denied the allegation. In 2004, a study prepared for the U.S. Agency for International Development said that Cambodia lost an estimated $300 million to $500 million annually to various forms of corruption.

Under the new legislation, any official found guilty of taking bribes would face up to 15 years in prison.

Deputy Prime Minister Sok An said after the law was passed that it will give Cambodia new tools to help the government to get rid of corruption.

But Son Chhay of the Sam Rainsy Party said the law's 57 articles were not intended to effectively fight corruption because they failed to create an independent, transparent body to oversee enforcement. The party says as a result, the law will only serve to support the government of Prime Minister Hun Sen and his Cambodian People's Party.

They also complain that declarations of assets by politicians, civil servants, judges and members of the military and police would not be made public.

Opposition MPs boycott National Assembly session during the anti-corruption draft law debate

Thursday 11 March 2010
DAP news
Translated from Khmer by Socheata

A few minutes earlier, all opposition MPs from the Sam Rainsy Party walked out of the National Assembly session, claiming that they could not participate in the National Assembly session to ratify the anti-corruption law from now on. As of now, the ruling CPP MPs are still continuing the debate and they already ratified Section 5 of the anti-corruption law with 81 approving votes. The CPP MPs confirmed that the National Assembly session will continue even without the presence of any opposition MPs, and as of 11:17AM, the National Assembly is still debating to ratify Section 6 of the anti-corruption law.

SRP MPs walk out of National Assembly session … following CPP refusal to consider changes in protection for handicap people rights

Friday, May 29, 2009
DAP news
Translated from Khmer by Socheata

At 8:15AM on 29 May 2009, all SRP MPs boycotted the National Assembly (NA) session and they all walked out of the chamber after Mrs. Mu Sochua, SRP deputy Secretary-general, asked the NA to modify the draft law for the protection and promotion of the rights of handicap people, and her request was met by a refusal from CPP MPs. The SRP MPs then decided to walk out of the session.

The SRP will hold a press conference on this issue at 11:00AM at its party headquarters.

Opposition Boycotts Democracy Seminar

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
23 October 2008

None of the 26 lawmakers of the opposition Sam Rainsy Party attended a UNDP-sponsored seminar at the National Assembly Thursday, including two men scheduled to speak, claiming the training would not strengthen democracy in the legislative body.

SRP lawmakers Son Chhay, who was scheduled to address the seminar on the role of opposition in a democratic parliament, and Yim Sovann, who was to speak on methods of parliamentary oversight, both refused to attend the second day of the two-day seminar.

The seminar was meant to train all lawmakers in their roles in a democracy, including the passage of legislation and responsibility to constituents.

“Our boycott is to send a message to the UNDP that the Cambodian National Assembly right now is not fully enough a democracy,” opposition leader Sam Rainsy said Thursday. “The opposition does not have any leadership role in the National Assembly, and the National Assembly right now belongs to the [ruling] party, not to the nation.”

UNDP said in an e-mailed statement Thursday it had a mandate “to promote democracy and support democratic processes.”

“As such we are working with the National Assembly, which is made up of democratically elected members of parliament, as we do with other democratic institutions,” UNDP said. “UNDP's role is one of a neutral partner who works with all political parties and democratic institutions to strengthen democracy.”

Following the inauguration of the National Assembly in September, lawmakers of the ruling Cambodian People’s Party were given control of all nine of the legislative body’s committees.

In the former National Assembly, which changed following elections in July, the Sam Rainsy Party’s Son Chhay and Yim Sovann held chairmanship of two committees.

The CPP now has 90 of the National Assembly’s 123 seats, followed by the Sam Rainsy Party’s 26, three by the Human Rights Party, and two each for Funcinpec and the Norodom Ranariddh Party.

“If we join this program, it means we recognize the National Assembly’s not following democratic rules,” Sam Rainsy said. “We want to tell the UNDP to suspend this seminar… A UNDP that wants to help promote democracy should not recognize an institution that does not respect democracy.”