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Governance and Transparency |
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(I)
Introduction The
concept of good governance is broadly characterized by transparency,
responsibility, public participation, adherence to the rule of law and
cooperation between government and civil society. The Royal Government of Cambodia
(RGC) views good governance as an essential prerequisite to
sustainable socio-economic development and social justice. Corruption is a
key symptom of weak governance and studies show that corruption is
widespread in Cambodian society with the judiciary, customs, tax
authorities, health sector, education, road services and police the worst
affected areas. The
problems of good governance and corruption were addressed in the
Governance Action Plan, April 2001, prepared by the Council for
Administrative Reform. The RGC recognized that corruption in the public
sector was a major constraint for sustainable development and listed
important steps to address the issue and a plan for future measures. The
RGC’s draft Second Five Year Socioeconomic Development Plan, 2001-2005’,
and the Interim Poverty Reduction Strategy Paper (IPRSP) states that
an improvement in the governance environment can be realized through
effective implementation of the Governance Action Plan. For
several years, a major priority of the NGOs has been to push for
anti-corruption legislation to be adopted and for the existing provisions
relating to corruption and bribery to be applied. Other NGO contributions
have been to initiate and co-organize a National Conference and successive
workshops to build a National Coalition for Transparency and in
conjunction with the Ministry of Education, Youth and Sports, to develop a
school curriculum material on transparency and accountability. (ii)
Key Issues The
foundation for the development of Cambodia’s new governance system was
laid with the promulgation of a new Constitution in 1993. The RGC has
since then made great efforts to adjust and reform the governance
structure towards liberal democracy and market economy: new laws have been
enacted, and a large number of administrative orders were issued to
implement these laws and new institutions and organizations were created
to carry out important responsibilities in the public sector.
Notwithstanding these efforts, there are still many obstacles to the
efficient implementation of the principle of good governance and
transparency. •
Rule of Law A
credible, predictable and transparent legal framework and an independent
and capable judiciary are the foundations of the rule of law and underpin
the development of democracy, market economy and social justice. The legal
framework remains incomplete according to the Governance Action Plan and
studies reveal major gaps in legislation, weakness in dissemination and a
lack of efficient stakeholder participation. The Council on Judicial
Reform was established in April 2000 to coordinate and formulate reform
options and actions but has till date only met on a few occasions. Before
the Consultative Group meeting (CG meeting) in June 2001 the RGC presented
a Strategy Statement on Legal and Judicial Reform. A related Master Action
Plan on Judicial and Legal Reform has been drafted. There
has been little progress in the area of Legal and Judicial Reform in
recent years. Still, achievements related to Judicial Reform that should
be mentioned are the recent appointment of approximately 30 judges and the
creation a sub-decree for a Royal School of Judges and one for a School of
Lawyers. A major achievement in Legal Reform has been the adoption of the
new Land Law but important legislation like the civil and civil procedure
codes and criminal and criminal procedures codes are still only drafts.
Efforts must be made to support effective mechanisms and structures for
the application and enforcement of laws and regulations. •
Transparency and Corruption The
present Government has on several occasions and in different ways made
pledges to fight corruption. Before being appointed Government officials
have in accordance with annexes to the Cambodian Constitution sworn to
fight corruption. The RGC, on talking office in November 1998, committed
itself to act against corruption and measures to be taken included the
enactment of an anti-corruption law, the creation of an anti-corruption
body and pay raise for civil servants. In the Governance Action Plan again
pledges were made to fight corruption but the progress report shows little
results in this area and the short-term action, one year, to prepare and
submit to the National Assembly an anti-corruption legislation has not
been fulfilled. At
the same time demands have been made by the civil society and
international community for actions to be taken in the and-corruption
program. NGOs have for several years pushed for an anti-corruption
legislation to be adopted and organized working groups and workshops on
anti-corruption, transparency and good governance. Donors expressed concern
about the slow progress on the anti-corruption program at the CG meeting
2001 and agreed that speedy and concrete actions are needed in this area,
including the appointment of an Auditor-General, enacting the
and-corruption legislation and enforcing the sub-decree on public
procurement. NGOs and part of the international community made
recommendations at the Conference on Building a Coalition for Transparency
in August 2001 and requested that:
I- measures
be taken by the RGC regarding transparency and accountability In
subsequent workshops this year the work has continued to create the
“Coalition for Transparency Cambodia”. As
Corruption continues unabated in Cambodia the measures taken by the RGC
have, as mentioned above, so far not been sufficient. The mismanagement of
national assets counteracts the RGC’s efforts for a sustainable
development and poverty reduction and areas with well-documented problems
are land, forestry and fisheries. According to a Cambodian survey
households perceive corruption to have become worse in the last few years.
The same survey shows that low-income households bear the larger burden of
corruption as measured by the bribe/income ratio, although the absolute
amounts paid are smaller than what high-income households pay. There are
indications that this is due to the fact that large parts of the burden of
corruption on low-income households are bribes for basic public goods,
such as health and education. With a broadening definition of poverty to
also include poor education and health, it is evident that the RGC has to
successfully fight corruption in order to reduce poverty. The
draft anti-corruption legislation has been bouncing back and forth between
the Ministry of Parliamentary Relations and inspection and the Council of
Ministers, but it has not yet been submitted to the National Assembly for
debate and there is little reason to believe that it will be soon. Even
though the adoption of anti-corruption legislation would be important in
the fight against corruption, it should be remembered that under existing
Cambodian law, ‘Provisions Relating to the Judiciary and Criminal Law
and Procedure Applicable in Cambodia During the Transitional Period’, it
is already possible to prosecute culprits for the crimes ‘Embezzlement
by Public Officials’, ‘Corruption’ and ‘Bribery’. These
provisions are not enforced today and it is not realistic to think that an
anti-corruption law would be treated any differently if the RGC does not
solve the problems of the persisting culture of impunity and rid the
courts of corruption. While waiting for the legislation to be adopted it
is important that the existing provisions are used in the way they were
intended, as a tool to fight corruption. An
anti-corruption unit has been established at the Council of Ministers but
this unit is not designed to fight corruption nor to investigate
allegations of corruption. Article
51 of the Law on Civil Servants has been amended, but again, it is enforcement
of the law and holding public officials accountable for wrongdoing
that will end corruption and the culture of impunity. The
National Assembly and the Senate have so far played a limited role in
legislative drafting. The role of the National Assembly has been to review
and enact bills drafted by the government. Because of late submission of
laws and the annual national budget to the National Assembly, there is not
enough time for discussion and dissemination. (iii)
Recommendations Due
to lack of progress in this area the recommendations are partly the same
as the ones put forward last year. •
Legal and Judicial Reform In
order to come to terms with well-documented shortcomings in the law making
process, the judicial institutions and law enforcement the RGC should make
a strong commitment to implement its proposed Legal and Judicial reforms
in the Governance Action Plan. •
Civil
Service Reform Programs
to increase transparency in the hiring and promotion of civil servants
must be implemented. Salaries of all civil servants must be raised to a
level at which graft and corruption will be minimized and pride in public
service fostered. •
Impunity The
RGC needs to effectively put an end to the persisting culture of impunity
and ensure that current provisions in force under Cambodian law are used
to fight bribery and corruption. The RGC’s willingness to enforce its
laws can be measured by the reforms it undertakes. Donors should therefore
precondition further assistance to concrete results in fighting impunity
and corruption. •
Anti-corruption
Legislation Efforts
to pass effective anti-corruption legislation should be expedited. Key to
the success of any legislative scheme will be a truly independent
anti-corruption body with effective investigatory powers, and an
independent judiciary before which to bring its charges. In addition, a
law on declaration of assets by government employees must be passed. It
can truly be said that progress, or the lack of it, on this legislation
will be the true measure of the political will to fight corruption in
Cambodia. •
Education To
break down the system of corruption In Cambodia it is imperative that
Cambodians come to learn that the only proper role of those in positions
of political and governmental power is that of public servant. This
concept must be inculcated at all levels of education in Cambodia, and
should be made part of the required training of all government officials.
The holding of public office in Cambodia must come to be seen as a
privilege that carries with it the highest levels of ethical and moral
responsibilities. •
Access
to Information Ensure
the public access to information on governance and transparency in both
public and private media. |
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