Son Chhay Said that the Draft Anti-Corruption Law of the Government Seems to Protect Corrupt People

Son Chhay Said that the Draft Anti-Corruption Law of the Government Seems to Protect Corrupt People

The Mirror, Vol. 14, No. 654

“The government already sent an anti-corruption draft law to the National Assembly, after Sam Rainsy Party parliamentarians had sent a request to the National Assembly to establish an Anti-Corruption Board – a proposal which was rejected by the president of the National Assembly, Mr. Heng Samrin, saying that the Permanent Committee of the National Assembly had decided to accept the anti-corruption draft law of the government for discussion.

“Copies of the government draft were distributed to all parliamentarians, and the National Assembly plans to hold a meeting on 10 March 2010, where it is assumed that to discuss the anti-corruption draft law will be on the agenda.

“The leader of the group of Sam Rainsy Party parliamentarians, Mr. Son Chhay, who had requested the creation of an Anti-Corruption Board, said on 5 March 2010 in a press conference at the Sam Rainsy Party headquarters in Phnom Penh, that the draft of the government does not have clear goals to prevent corruption or to prosecute those who commit corruption.

“He said that 16 years ago, as a parliamentarian of the Buddhist Liberal Democratic Party of Mr. Son San, he once had requested an anti-corruption law, and then, under the next governments, he requested it again and again that the National Assembly should create such a law.

“The draft of the government limits membership in anti-corruption institutions to persons, to any individual, from various institutions who will be suggested by Prime Minister Hun Sen to the King, to be appointed.

“Regarding the suggested candidates from various institutions to be appointed, Mr. Son Chhay said that it is difficult that those officials to be investigated are in the same institution that suggest candidates, and he claimed that candidates appointed by the Prime Minister cannot be considered to be independent.

“The draft speaks also about the declaration of assets, saying that it has to be made confidentially, requiring that those who declare their assets have to keep one document for themselves, and another document has to be kept at a secret place by the anti-corruption institution, and if they will be prosecuted within five years, the confidentiality is lifted.

“Mr. Son Chhay added that the draft of the government does not clearly define the punishment for persons who commit corruption, and the punishment is based on different types of corruption, like minor corruption just for small thefts to eat ['for the stomach'], and big corruption.

“Mr. Son Chhay raised the example that some custom officers get a salary of only about US$100 per month, an amount that cannot meet their daily needs. Therefore they make their fellow officials collect money for them every month, and they may get about US$20,000. Mr. Son Chhay asked, ‘Is this kind of corruption “just for the stomach” a minor, or is it big corruption?’

“Mr. Son Chhay said that if the draft law of the government is approved by the National Assembly without making some changes, it will not serve the national interest and the citizens, as this draft does not explicitly determine punishment for ‘corruption.’

“He added that this law seems to serve those who commit corruption.

“The Sam Rainsy Party, civil society, and donors have encouraged to approve an anti-corruption law, and finally a draft was sent by the government to the National Assembly, after it had been approved by the Council of Ministers in early December of 2009. This draft has been kept confidential and was delayed until now, and if Mr. Son Chhay had not sent in another draft request to the National Assembly, the government would likely not have released their draft now to the National Assembly. Anyway, regarding the rejection of the draft [presented by the Sam Rains Party] by Mr. Heng Samrin, Mr. Son Chhay considers it to be his success, because if he had not sent it to the National Assembly, the government would not have released the draft to the National Assembly.

“When journalists asked, ‘On 10 March 2010, during the meeting of the National Assembly, will the National Assembly approve the draft?’ – Mr. Son Chhay said that if the National Assembly does not discuss it in detail, it will be strange, and he will be more suspicious that this law does not serve the national interest and the citizens, but it will serve corrupt people, partisans, and powerful people.

“There are different opinions about a final rush to approve an anti-corruption law, as donor countries stay quiet and have not set a date for its discussions, unlike in previous years, where discussions started early in the years.

“Corruption in Cambodia is strongly criticized locally and internationally. Corruption exists from lower levels to the top, making Cambodia lose about US$500 million each year. This is figure was used by the US Ambassador to Cambodia, Ms. Carol Rodley.

“Nevertheless, there is also praise from various sides that the government wants this law to be approved by the National Assembly, as it can create some obstacles for corrupt people to continue to commit corruption.” Khmer Machas Srok, Vol.4, #619, 6.3.2010

This article was first published by The Mirror, [3] Vol. 14, No. 654 - Saturday, 6.2.2010
Have a look at the last editorial - you can access it directly from the main page of The Mirror. [3]

Norbert Klein is the Editor of The Mirror [4] – The Mirror is a daily comprehensive summary and translation of the major Khmer language press - More about The Mirror [5]