Who Delay the Anti-corruption Legislation? Op-Ed by Kok Sap

Xok An

25 February 2010
By Kok Sap
http://khamerlogue.wordpress.com

When a government abused laws, the unlawful runs the country.

Constitution-Article 101 states: "The functions of members of the Royal Government shall be incompatible with professional activities in trade or industry and with holding of any position in the public service.” It seems clear that the laws forbid the public servants from involving in private businesses while in office.

The international donors and people want Cambodia National Assembly to pass the anti-corruption and graft law since 1993 Constitution went into effects. But to date such law has been held back despite the outcry from opposition and world donors. The impression is the anti-corruption law is still in the early elephant pregnancy and floating somewhere between Sok An plush office and the Mr. Yes Sir, the President of the Assembly, cabinet. The opposition legislators asked for the copy but they were advised the legislation was still with the Council of Ministers where Sok An’s reign supreme.

This proves the government does not want this law to take effect while it is handled by the most corruptive person in the kingdom. According to the Global Witness Country for Sale and Family Tree reports, that person is the Napoleonic complex aliased Sok An, the CPP blood sucking eight hand avatar.

Because of marital relations with Sen’s family this semi-dwarf avatar wields power tremendously and pulls strings on all ministers included PM Hun Sen and all generals. All dare not to mess with a barely 5 ft. 4 man.

As a second generation migrant of Sino-Yuon descent, he connives his way through from a petit clerk to the prime minister highest confidant and protégé while his hands are in big businesses all the times.

Aside from his private lucrative ventures revenue, he receives self allotted big multiple salaries from government budget. His reputation speaks volume and most feared official in post Pol Pot era. Behind the curtain in party circle, he is amiable and more popular than his talking head boss, Primo Hun Sen. From the internal sources, the eight hand avatar collects annual tribute from the officials whom he has assigned to greasy posts in government service.

Also note most of the foreign aids and assistance must go through Sok An office first. He actually runs Hun Sen’s official and personal life days in and days out. Very rare for him to present at events and escort Hun Sen entourage. He is the most apparent designated interim PM when Hun Sen is not in town or decapitate.

On a monthly basis, imagine how much money this man received from his private entreprise within government control?

Most rooky ministers, Touristic and Gambling Authority, Land Mine Authority, ECCC and the Join Border Commission senior posts must pay due to Sok An to have posts. Since its creation, the Cambodia National Petroleum Authority and revenue collection duty is already given to Sok An.

Beside Sok An, do we know how many deputies are in the Executive Branch?

How many of them in the executive branch do not have professional activities in trade or industry?

Out of the three branches, it appears the Executive and Judiciary collaborates to downplay the Legislative branch. In the essence, majority of the deputies from the ruling party are either incompetent or the accomplices to keep the chamber seats warm. This is how the buck gets stalled whether the anti-corruption and eastern border demarcation legislation. They are not there to be the people representation and defense. No one can tell the difference to what extent of power for the individuals who hold dual roles in both the legislature and government.

In the book, the Constitutional Council shall examine and interpret laws and have the final say on laws. Unfortunately, up to this point, people hadn’t heard from the Constitutional Council legal opinion or advisory on anything yet.

As it seems this body is no more than a rubberstamp for the Executive agendas. So in a nut shell, the Constitution is merely a piece of written laws without spirit and morality.

When a government abused laws, the unlawful runs the country.