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Governance and Transparency

(i)  Introduction

The concept of good governance is characterized by transparency, accountability, public participation, predictability, adherence to the rule of law, and cooperation between the government and civil society. Corruption is a key symptom of weak governance and studies[1] show that it is widespread in Cambodian society. The judiciary, customs, tax authorities, health sector, education, road services and police are the worst affected areas. Corruption and poverty are two sides of a coin; the goal is to replace this coin with another one, which has good governance and transparency on both faces.

(ii)  Key Issues

Transparency and Corruption: To achieve transparency, every institution must develop mechanisms that inform the public of their processes. Transparency is a key element of good governance, covering government institutions, the private sector, civil society and the media. Corruption demoralizes democratic aspirations, damages the trust and confidence of the people for their leaders, impedes economic growth and development, and threatens institutions, fundamental rights and freedoms. It also threatens international support for the country, which, in the case of Cambodia according to one estimate, totals $500 million a year[2]. In a World Bank survey, corruption has been identified as Cambodia’s leading problem ahead of other major problems that include safety and crime, the cost of living, unemployment, the high cost of health care and education, political instability, drug abuse, and human trafficking[3]. The same survey shows that a large part of the burden of corruption weighs on low-income households who must pay bribes for basic public goods, such as health and education.

Even though anti-corruption legislation is important, it should be remembered that under existing Cambodian law, such as the ‘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 crimes including ‘Embezzlement by Public Officials’, ‘Corruption’ and ‘Bribery’.  These provisions are not generally enforced and it is not realistic to think any new anti-corruption law would be treated differently as long as the Royal Government of Cambodia (RGC) does not address the problem of a persisting culture of impunity, and take effective action to rid the courts of corruption.  While waiting for the new legislation to be implemented it is important that existing anti-corruption provisions are enacted as much as is practicable.

Rule of Law: The idea of the rule of law predates the introduction of democracy. It expresses six distinct elements: (1) no one should be above the law, whatever their position or social standing, and everyone should be equal before it; (2) all public officials should be subject to the law, and act within the terms of legally prescribed duties, powers and procedures; (3) Parliamentary law-making should itself conform to constitutionally defined procedures and limits; (4) the judiciary should be institutionally and personally independent of both the executive and legislature, so that it can interpret and enforce the law without fear or favour; (5) all law should be certain, and its provisions and penalties known in advance; and (6) no one should be punished without a specific charge and a fair hearing before a duly-constituted court. [4] These ideas form the cornerstone of democratic government. Efforts have been made by the RGC to draft and enact laws and regulations to fight corruption and to ensure good governance, but true rule of law remains elusive. More education on the rule of law and its importance is imperative if Cambodia is to succeed as a democracy.

 

(iii)  Recommendations

Recommendations for the Government:

Recommendations for Donors:

Recommendations for NGOs:

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For more information on the issues raised in this paper, please contact:

The Center for Social Development (CSD), Tel: 023 364-735, Email: csd@online.com.kh

 



[1] See CSD, (1998), National Survey on Public Attitudes towards Corruption, Phnom Penh.

[2] See CSD, (1998), National Survey on Public Attitudes towards Corruption, Phnom Penh.

[3] World Bank, (2000), Cambodia: Governance and Corruption Diagnostic: Evidence from Citizen, Enterprise and public Official Surveys.

[4] NGO Statement to the 2002 Consultative Group meeting on Cambodia.