Donors, economists, scholars, aid workers, business representatives and many others all have their ideas on how the country should set up a commercial court.
But in the end, the government will make the final decision, Sok Siphana, secretary of state at the Ministry of Commerce, told a seminar sponsored by the Asia Foundation at the Hotel Cambodiana on Thursday.
“We have a clear vision,” Sok Siphana said of the commercial court. “We know the issue. But unless donors stop their positioning, then we will not pass the law on time.”
“I will resist forced pressure on my throat to pick a certain system from a donor,” he added. “We welcome the input, but respect our Cambodian decision.”
After the seminar, Sok Siphana declined to comment further. His comments reflect the government’s concern about having time to wade through the volumes of donor advice and establish the court by the end of 2004, the deadline set to create the court as part of the government’s commitment to joining the World Trade Organization.
A consortium of donors are advising the government on judicial reform, including Japan, France, the US, Australia, the UN, the World Bank and the Asian Development Bank. Bangkok-based officials from the Canadian International Development Association, which is assisting the government with drafting the commercial court law, could not be contacted on Thursday.
Donors are primarily split on whether the court should be separate from the executive branch, whether it should use a civil law or a common law system and whether the court should be mobile or stay in Phnom Penh, say those familiar with plans for the commercial court. All of their efforts seem geared toward achieving the same goal: Shielding the court from the corruption that plagues the rest of the judicial system.
Under the first draft law, associate judges of the envisaged court will be recommended by a committee of five members, four of whom are government officials, and all of whom are appointed by a subdecree from Prime Minister Hun Sen.
Japan opposes this, representatives from the Japan International Cooperation Agency said Thursday.
“The commercial court should not be influenced by the executive branch to ensure the separation of powers,” said Emi Aizawa, assistant resident representative of JICA.
The draft law to create the commercial court is currently being revised, Sok Siphana said. It will be made public once it is finished—sure to set off another round of praise and criticism.
Some donors contacted Thursday welcomed Sok Siphana’s comments at the seminar.
“I’d be delighted if the Cambodian government took the lead and the donors rallied behind the government,” said a source in the donor community who has advocated for the creation of a commercial court.
At the seminar, Sok Siphana said the focus of the commercial court should focus less on technical issues and more on creating an environment of accountability to keep judges from being corrupt. The best way to do this, he argued, would be to make court documents public.
“You cannot legislate this,” he said, referring to ethics. “It’s part of the blood. We need to build social pressure so judges not performing up to standards can be ridiculed.”
