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:
Strengthening
the Political Will to Fight Corruption:
The draft Anti-Corruption Law, unless recommendations, whether from the
recently held National Workshop on the Draft Anti-Corruption Law held in
September 2004 or the international community are incorporated, will be
difficult if not impossible to implement. The government should use its new 5
year mandate and political will to amend, pass and implement the
Anti–Corruption Law .The RGC has committed itself to curbing corruption and
has voiced that commitment in its Rectangular Strategy in and through its
international undertakings such as the Anti-Corruption Action Plan for Asia and
the Pacific. It is time for
that commitment to turn to action.
An
Independent Anti-Corruption Commission: Implementing anti-corruption legislation is more important than
passing it. An independent anti-corruption commission needs to be established
with full authority to enforce the law. Commission members should be well
qualified, recruitment procedures should be transparent, and effective working
procedures should be established.
Property Rights Act: To reduce poverty, increase
foreign investment and create job opportunities, protecting property rights is
essential. This will prevent the rich from illegally absorbing the land of the
poor, and protect and encourage investment. Civil society and NGOs need to take
the initiative in drafting this law. The ability to buy, sell, or transfer land
and property is a pre-requisite for the effective rule of law.
Transparency within Political Parties: Political parties should undergo major reforms to be more transparent. As in other poor countries, party nominations for elections in Cambodia are often determined by the amount of money given to the party treasury. Without strong, accountable, transparent, and effective political parties government institutions act for personal benefit rather than the national interest. This results in a stifling of political debate; removes necessary checks and balances, and erodes the rule of law.
Access to Information: It is impossible to fight corruption
and ensure good governance without a free and impartial media. Access to
information, and freedom of expression in both public and private media should
be guaranteed. But it should be remembered that as Cambodia is a poor country,
free access to all public information is still not possible. Some information,
like laws should be supplied free of charge; and some
information, like the history of correspondence of the government should be
available for a fee that reflects at least a part of the cost of collecting the
information.
Public Education: An educated and literate
population is one of the best tools to fight corruption. To break down the
system of corruption in Cambodia the public should learn that the duty of those
in positions of political and governmental power is to serve them. This concept
should extend to include all levels of education and the training of government
officials. The national budget for education should be increased with a focus on
improving teacher training and salaries, not just building new schools.
Furthermore the budget should be increased at the expense of national defense.
Recommendations
for Donors:
Recommendations
for NGOs:
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.