More than 15 years since legislation to tackle corruption was first proposed, the government yesterday finally released a draft copy of its anticorruption law.
Late yesterday afternoon, copies of the draft law were hand-delivered to all lawmakers in the National Assembly—nearly three months after being approved by the Council of Ministers during a December meeting.
Opposition lawmakers, however, said they were fearful that the government will recall the National Assembly next week to start debating the draft law, allowing just days to review and analyze the 25-page document.
According to a copy of the draft, the proposed anticorruption law provides the framework for the creation of a national Anticorruption Institution, which will comprise two separate bodies to tackle corruption—the National Council on Anticorruption and the National Anticorruption Agency.
The draft law indicates that the new council will oversee the work of the agency, which will be charged with the functional responsibility of investigating corruption in Cambodia.
The draft law indicates that Prime Minister Hun Sen’s government currently holds the power to select the majority of the senior officials for the council and the agency. The council will comprise 11 members, chosen by a wide range of governmental organizations as well as a member appointed by King Norodom Sihamoni.
The agency’s director and deputy director will be appointed by royal decree, after being proposed by Mr Hun Sen.
The draft law shows that the responsibilities of the council will be to monitor the work of the agency, develop strategies and policies to fight corruption, as well as write reports to the prime minister.
The draft law says the agency will be independent in performing its duty. Some of the agency’s roles defined in the draft law include the investigation, examination and study of corruption offences; build strategies to fight against corruption; working to prevent and suppress corruption; and to implement the laws and provisions related to corruption.
While the government had previously confirmed that the draft law would include a provision where all NGO staff would have to disclose their assets, the draft law released yesterday afternoon only stipulated that the “leaders of civil society organizations”—of which NGOs are included—will have to disclose their assets and debts.
Other officials who will have to disclose their assets and debts include politicians, members of the council, the director and deputy director of the National Anticorruption Agency, civil servants, military, national police and public servants who are appointed by royal decree or sub-decree and judges and notary clerks.
Other notable provisions in the draft law include “absolute” confidentiality and physical protection for sources who provide information about corrupt practices.
Anyone breaking the confidentiality provision will face up to five years in jail, according to the draft law.
The draft law shows that many of the punishments for corruption, including those for bribing public officials, will be applied from the new Penal Code.
However, some new offences have also been created, including an offence for foreign public officials who take bribes-and where those found guilty can face up to 15-years in prison.
Council of Ministers spokesman Phay Siphan said yesterday he had heard that debate on the long-awaited draft anticorruption law could start in the National Assembly as early as next week.
“I have heard that next week, debate may start in the National Assembly,” Mr Siphan said.
SRP lawmaker Son Chhay concurred with Mr Siphan’s timeframe, saying he had heard debate could start in the Assembly as early as Tuesday.
After receiving a copy of the draft law yesterday, SRP lawmaker Mu Sochua said she hoped the government would not “push [the law] down our throats” by recalling the Assembly next week to debate the law.
CPP lawmaker Cheam Yeap, however, suggested that debate on the draft law was more likely to occur in April. He said an “extraordinary meeting” of the Standing Committee of the Assembly will be held early this morning to discuss the timetable for the introduction of the draft law for full discussion.
“The Standing Committee of the National Assembly plans to hold the extraordinary meeting [today] at 8 am to discuss and review this draft law,” Mr Yeap said by telephone.
He said the Standing Committee would discuss whether to place the draft law on the agenda for when the Assembly resumes sitting in April.
The release of the anticorruption law yesterday came as Mr Chhay confirmed that the SRP’s own draft anticorruption law, submitted to the National Assembly last month, had been rejected.
Mr Chhay, however, hailed the rejection as a success, saying that he believed his actions in introducing the SRP’s draft law had prompted the government to speed up the timetable for the introduction of its draft anticorruption law.
“My purpose of submitting my draft law was to push the government to hurry up and submit theirs,” Mr Chhay said.
“I was impatient with waiting for the government to submit their draft law. This is not a bad rejection. I am happy with the result.”
Late last night, Mr Chhay said he would not comment on the government’s draft law until this morning when the SRP holds a press conference.
Mr Chhay, however, expressed concerns that if debate begins next week, there would not be sufficient time for lawmakers to review the legislation.
“If these rumors are true, why has the government only allowed us four days to talk about their laws before we start debate?” he asked.
“Why are they being so secretive? This is not my concern alone: The Cambodian people want to see something done about corruption in their country,” he said.
(Additional reporting by Van Roeun)
