Corruption: The situation in Cambodia


By SON Chhay
Member of Parliament
(For TRP meeting in Rome May 26-30, 2010)

Abstract: Corruption undermines the legitimacy of political institutions and Cambodia is a clear example where this has occurred. Particularly prior to 1993, as a result of its corrupt policies the government was less able to rely on the cooperation and the support of the public. This led the government to use force and coercive tactics to maintain order. The resulting violence and political instability hindered political development; the consequences of which were clearly visible today in the malaise afflicting Cambodian society and the failed economics of the country.

After the democratic elections were held under the mandate of United Nation in 1993 in Cambodia, it was clear that there was going to be a great deal of work necessary if the objectives agreed on were going to be achieved. It was, in particular, an important time for the international community to work seriously together to help put in place a governing system based on democratic principles and where the issues with corruption and weak institutions, such as the parliament, the justice system and so forth, would be addressed.

After seventeen years of discussion and politically motivated procrastination from the time when the first draft of the anti-corruption law was proposed by myself, with the support of some colleague’s members of Parliament in 1994, Cambodia’s Parliament under domination of the Cambodian People’s Party (CPP) finally passed their own version of the anti-corruption law on Thursday March 11, 2010. Defying many national and international voices demanding an open consultation and debate on the draft, the National Assembly voted hastily in favour of this bill, which was drafted in secret. The manner in which the ruling party drafted and pushed the bill through the parliament now raises legitimate concerns regarding how it will be used. But also the very drafting of the anti-corruption law gives enough reason to voice concern. The new anti corruption law has produced an instrument which is weak and dangerous simultaneously: Weak as an instrument to fight against corruption and provide for a predictable and consistent rule of law; and dangerous, as a political tool which can serve the narcissistic individual interests of those who concentrate power in their hands.

The damage caused by corruption in Cambodia has been immense. According to a US 2004 AID study, corruption costs Cambodia between US $300 million and $500 million in revenue every year. On the other hand a survey by the Economic Institute of Cambodia of 2005 made clear, that the private sector paid bribes to public officials in 2005 amounting to US $330 million, an amount which was “2.5 times higher than that of official payment” and “represented al