May 27, 2009By Chak Sopheap
Guest Commentary
UPI Asia Online
Niigata, Japan — Corruption exists in all countries, but has the most destructive effect in developing economies. In a poor country like Cambodia, rated as a highly corrupt state, it threatens democratic institutions and fundamental rights and freedoms. It undermines socioeconomic development and deepens poverty. It also provokes irrational decision making, disrupts the development of the private sector and undermines sustainable development of the environment.
It is even worse when a vital branch of the government, the judiciary, and its affiliate academic institution, the Royal Academy for Judicial Professions, is corrupt.
Ongoing corruption allegations against the Khmer Rouge Tribunal are still blurred, yet there is no adequate mechanism to respond to this situation. Claims that corruption should be a separate issue if the tribunal is to proceed make no sense, as one of the core expectations of the tribunal is to strengthen the rule of law.
Another recent allegation has claimed that corruption affects the securing of admission to the Royal Academy for Judicial Professions. The two cases are crucial and related, because if young professionals in the judiciary resort to bribes, then it is bound to affect the court system as a whole. The protracted corrupt behavior seen at the very basic judicial level leaves little hope for improvements in the country’s court system.
However, the corruption case involving the academy was resolved in court and a senior student who took the bribe returned the money to the student who was promised a seat in Class Five of the academy. The court case proved that corruption exists in the system. It should be noted that the senior student was not solely responsible in this case, but the student who paid the bribe also abused the law and can be said to be involved in the corruption.
Corruption must be clearly defined and interpreted so that it can encourage people in reporting potential cases. The involvement of the court in settling the case related to the academy is a good example of a corruption suit being lawfully settled, but impunity still persists within the system. Cambodia does not have adequate anti-corruption laws, which clearly state the terms of punishment.
The concerned institutions and stakeholders should not ignore corruption allegations and must carry out sufficient investigations. It is not surprising that most of the concerned and responsible stakeholders harshly deny accusations instead of exploring the evidence and cooperating with other agencies, like the media.
The recent denial of corruption by a leading government lawyer to the well-known Voice of America, which was reporting on an alleged corruption case, is one of the worse scenarios where the press is silenced and government claims of fighting corruption are undermined.
In Cambodia corruption continues partly because the people see it as something “normal” that most are unable to change. Besides, there is a lack of political commitment to encourage people to speak out against it and hold authorities accountable.
Although Prime Minister Hun Sen has declared "war" on corruption and an anti-corruption law has been proposed, with recent promises that it will be adopted soon, questions still linger on how soon and effective it would be.
The government thus needs to show its real commitment to an anti-corruption campaign and encourage a culture of mutual collaboration with the civil society instead of immediate denial and manipulation of charges. Also, people’s attitude toward corruption needs to be changed so that it will no longer be tolerated.
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(Chak Sopheap is a graduate student of peace studies at the International University of Japan. She runs a blog, www.sopheapfocus.com, in which she shares her impressions of both Japan and her homeland, Cambodia. She was previously advocacy officer of the Cambodian Center for Human Rights.)
It is even worse when a vital branch of the government, the judiciary, and its affiliate academic institution, the Royal Academy for Judicial Professions, is corrupt.
Ongoing corruption allegations against the Khmer Rouge Tribunal are still blurred, yet there is no adequate mechanism to respond to this situation. Claims that corruption should be a separate issue if the tribunal is to proceed make no sense, as one of the core expectations of the tribunal is to strengthen the rule of law.
Another recent allegation has claimed that corruption affects the securing of admission to the Royal Academy for Judicial Professions. The two cases are crucial and related, because if young professionals in the judiciary resort to bribes, then it is bound to affect the court system as a whole. The protracted corrupt behavior seen at the very basic judicial level leaves little hope for improvements in the country’s court system.
However, the corruption case involving the academy was resolved in court and a senior student who took the bribe returned the money to the student who was promised a seat in Class Five of the academy. The court case proved that corruption exists in the system. It should be noted that the senior student was not solely responsible in this case, but the student who paid the bribe also abused the law and can be said to be involved in the corruption.
Corruption must be clearly defined and interpreted so that it can encourage people in reporting potential cases. The involvement of the court in settling the case related to the academy is a good example of a corruption suit being lawfully settled, but impunity still persists within the system. Cambodia does not have adequate anti-corruption laws, which clearly state the terms of punishment.
The concerned institutions and stakeholders should not ignore corruption allegations and must carry out sufficient investigations. It is not surprising that most of the concerned and responsible stakeholders harshly deny accusations instead of exploring the evidence and cooperating with other agencies, like the media.
The recent denial of corruption by a leading government lawyer to the well-known Voice of America, which was reporting on an alleged corruption case, is one of the worse scenarios where the press is silenced and government claims of fighting corruption are undermined.
In Cambodia corruption continues partly because the people see it as something “normal” that most are unable to change. Besides, there is a lack of political commitment to encourage people to speak out against it and hold authorities accountable.
Although Prime Minister Hun Sen has declared "war" on corruption and an anti-corruption law has been proposed, with recent promises that it will be adopted soon, questions still linger on how soon and effective it would be.
The government thus needs to show its real commitment to an anti-corruption campaign and encourage a culture of mutual collaboration with the civil society instead of immediate denial and manipulation of charges. Also, people’s attitude toward corruption needs to be changed so that it will no longer be tolerated.
--
(Chak Sopheap is a graduate student of peace studies at the International University of Japan. She runs a blog, www.sopheapfocus.com, in which she shares her impressions of both Japan and her homeland, Cambodia. She was previously advocacy officer of the Cambodian Center for Human Rights.)
10 comments:
As long as Cambodia is still under the oppression of Hun Sen, the anti-corruption laws will never exist.
Dear Friends,
Honestly, sometimes I am discouraged to talk about what going on in Cambodia. Because I am so tired of the million repeats of the bad practices of the government. But I always feel a sense of great responsibility to our country like all of you. So, let me just get rid of my stupid frustration.
NOGs, business, foreigners, teachers, professors, factory workers, vendors and even non-educed farmers still see the bad practice of a very corrupted government. But I am wondering that why Prime Minister Hun Sen still could not see it as a sensitive case in his government? or that means he likes it, the system of corruption.
Long term solutin:
A good leader creates a positive culture for organizations, owe his/her people, be servant to their people, lead people from their hearts, and leave their people with pride and legacy. Bad leaders lead through their fears and resulting in punishment. I hope one day, our beloved people will understand and be able to make a right decision. However, they do need education and support from the right hearts people.
At the meantime, I just hope that social activists and political parties wouldn't use harsh methods to attack their opponents, aiming to gain power and popularity, these methods are not good, it even creates a bad culture for the country.
Thanks
What would be agood culture 10:33PM?
yes, oh oh yes sir?
Your shit smell good sir?
Oh oh H S soo good, he just kill a few, lucky it no us, thank you mr. HS for not killing us, the garbage test dood!
Ah LOP!!!!!
10:33AM
I appreciate your balanced and conciliatory approach to problem solving. I am encouraged to see a few people in this forum start to take that approach. I hope over times, more people will see the benefit of this approach.
As for 12:44AM, I would suggest you taking some meditation courses to overcome your frustration and anger. It’s not good for your blood pressure and health to let the emotion controls you…
And then you'll all be YUON. Bravo 3:14!
sooner that one may have thought if I may add....LOL! Bravo Sihanouk, Bravo Hun Sen, well done!
What does this breathless girl know about corruption? Perhaps she should spend her time in the United States, and she'll be surprised to learn about the true and hidden corruption (in terms of the magnitude--nothing compare to Cambodia).
Pi Anh: PPU
Thanks PPU! You just admit that Cambodia has the MOST CORRUPT gov in the World.
Thanks for confirming what I have always thought, PPU!!!
Mi anh tov manous hoat KOR PPU!
yes, cambodia needs that. one way is to be inquisitive and not have fear for authority but use respect instead. however, if authority abuse the law, etc, then make sure to complain to the right people about it with good evidence in hand, of course. stop being too lenient or too polite about it. law is law, everyone must abide by it. otherwise, there would be a double standard system which is never good for the country anyway. keep making demand for reform or change and definitely keep talking and voicing the concern about it. god bless cambodia.
Mee Jkuot Jrouk!
Pi Anh: PPU
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