The Mirror, Vol. 13, No. 645
“The draft of an anti-corruption law has not yet been publicly released, though one part of this draft law was disclosed last week by the spokesperson of the Council of Ministers. When this part of the draft became widely known, it was either welcomed or mocked, as this law will require also staff of non-government organizations who earn little to declare their property.
“A point of this draft law likely aims at the director of an FM radio station who has lots of property, after he had received funds to support the station for nearly 10 years.
“However, a secretary of state of the Ministry of Economy and Finance, who asked not to be named, said that the draft has already reached the secretary general of the National Assembly.
“Officials of non-government organizations said yesterday that keeping the long-awaited draft law on anti-corruption out of the public eye is at odds with the spirit of a law that has to call for openness and transparency.
“Though the Council of Ministers approved the draft law to combat corruption more than two weeks ago, the secrecy that surrounds the law makes it impossible to properly discuss and analyze it, NGO workers said.
“‘I think the key approach is transparency,’ said Koul Panha, director of the Committee for Free and Fair Elections in Cambodia.
“‘I don’t know what the intent of keeping it secret is,’ he added.
“The Council of Ministers spokesperson Phay Siphan reiterated day-before-yesterday that the draft law cannot be made public, because it has yet to arrive at the National Assembly. Once it arrives there, it can then be released to the public.
“‘This is the proposed draft used internally by the government,’ Mr. Siphan said about the law, adding that he did not know when the draft would be forwarded to the Assembly for debate and passage into law.
“One of the only details of the anti-corruption law that has been made public on Friday is the fact that the staff of NGOs are required to disclose their personal assets. Under the law, NGO workers are defined as public servants, and side-by-side with officials who are paid by the government, they must disclose their assets.
“‘It is an obligation to do so, if you don’t do it, you are jailed,’ Mr. Siphan explained day-before-yesterday, adding that the law will take effect 60 days after being passed by the National Assembly.
“A political observer and the former head of the Center for Social Development, Ms. Chea Vannath, said that following the spirit of the anti-corruption law, the legislation should be available for public viewing and inspection, since it is such scrutiny which helps discourage and expose corruption. Keeping it confidential counters that principle, she said.
“‘If it is not transparent, it’s like you are fishing in the mud at nighttime,’ she said.
“‘How can you comment on the law without having a copy of the law?,’ she asked. ‘It’s a strange process.’
“‘The word “fighting corruption” equals transparency, openness, access to information,’ she added.
“Soeung Saroeun, senior operations and finance manager of the Cooperation Committee of Cambodia [CCC], a professional organization of NGOs, said his group has requested a copy of the anti-corruption legislation, but like others has yet to see it. Having not yet seen the draft law, Mr. Saroeun said the CCC could not comment. Nonetheless, he said questions remain about the draft law, particularly how it defined assets for NGO staffers.
‘”If we have to declare our assets, what do they mean by “assets”?’ he asked.
“NGO Forum Executive Director Chhith Sam Ath said he could not speak about the law until after reading it and consulting with other members in his umbrella group of non-government organizations.
“President of the Cambodian Center for Human Rights Ou Virak echoed remarks that discussing the draft law was challenging, but he agreed that not only non-government officials should have to declare their assets.
“Mr. Virak said he had no problem listing NGO employees as ‘public servants’ and recommended more groups should also have to declare their assets.
‘”It’s a very positive step in the right direction,’ he said. ‘I personally welcome it.’” Khmer Machas Srok, Vol.3, #566, 29.12.2009; a major part had been published already by the Cambodia Daily on 28.12.2009
This article was first published by The Mirror, Vol. 13, No. 645 - Tuesday, 29.12.2009
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Norbert Klein is the Editor of The Mirror – The Mirror is a daily comprehensive summary and translation of the major Khmer language press - More about The Mirror