A Change of Guard

សូមស្តាប់វិទ្យុសង្គ្រោះជាតិ Please read more Khmer news and listen to CNRP Radio at National Rescue Party. សូមស្តាប់វីទ្យុខ្មែរប៉ុស្តិ៍/Khmer Post Radio.
Follow Khmerization on Facebook/តាមដានខ្មែរូបនីយកម្មតាម Facebook: https://www.facebook.com/khmerization.khmerican

Monday 6 April 2015

What’s Next on Reforms?



Published: 05-Apr-15 09:46AM | By William E. Todd


500_amb
I would like to begin this column by offering my heartfelt condolences to the family, friends, and colleagues of journalist Pen Samitthy, who passed away earlier this week after a long illness.  He will be long remembered as a trailblazer in the field of journalism, serving as President of the Club of Cambodian Journalists and editor-in-chief of the Rasmei Kampuchea newspaper, which has graciously published this column since my arrival to Cambodia in June 2012.  Pen Samitthy played a vital role in getting the news to the public and showing how access to information can empower people to take action.  Although he left us far too soon, Pen Samitthy made a significant difference in the lives of many Cambodians and left Cambodia a better place.

Today, we are seeing more and more Cambodians following Pen Samitthy’s example by helping the country move closer towards achieving its full potential.  One way that many Cambodians are making a difference is by promoting and implementing reforms that have improved the lives of ordinary citizens.  Many people have discussed the opportunity to advance democracy and further accelerate Cambodia’s development through reforms.  A question many people have asked me in the last week or so is, “Now that we’ve seen these first reforms, what’s next?”  

I find this to be a very interesting question, especially when considering the fact that Cambodia is at a critical junction on the road to achieving its development goals.  What we have seen in Cambodia these past few years should be considered as the beginning of reforms, not the end.  While there has been progress, history teaches us that democracy is not a one-time event; it is a process that is constantly evolving and requires constant work.  But instead of seeing this as a challenge that Cambodia is facing, I believe that it presents a wonderful opportunity for both parties to work together on reforms that will benefit all citizens.  

In my opinion, reforms should include input or participation from of all citizens, either directly, or through their parliamentarians.  There are key elements such as open dialogue, public participation, and transparency that have to remain a part of the process.  And when reform happens, civil liberties are expanded, not restricted.  As Cambodia moves further along the democratic path, I hope that future reforms will broaden the political space and amplify public discussion.  In light of this, the recent announcement that the government might move forward with the contentious draft NGO law is very concerning.  When implementing reform, it is important to take the time to fully evaluate the potential effects – intended and unintended – that any proposed changes to the law could have on basic freedoms.  Any action that restricts rather than empowers in my opinion does not serve the best interests of the Cambodian people.  It is more important than ever to have a vibrant civil society participate fully in the dialogue forward on reforms.

The Royal Government of Cambodia (RGC) has already acknowledged that there is much more that reform can accomplish.  Leaders have said repeatedly that there are a number of changes – including improving the judicial system, weeding out corruption, and enhancing labor conditions – that are needed.  I agree with Cambodia’s leadersthat these are three areas that I believe would make sense to next move forward on with significant reforms.

The rule of law continuum in Cambodia is a work in progress.  I believe that Rule of Law reform is probably the most critical for Cambodia to move forward.  Recently, deputy opposition leader Kem Sokha called for changes to three laws – the Law on the Organization of the Courts, the Law on the Status of Judges and Prosecutors, and the Law on the Organization and Functioning of the Supreme Council of the Magistracy – that were approved last year prior to the political deal, when only one party was present in the National Assembly.  By improving the judicial system, Cambodia has the opportunity to prevent injustices such as the case of the Boeing Kak Lake protestors who were arrested, tried, convicted, and sentenced to lengthy jail terms over a period of just two days in November 2014.  Furthermore, it will help alleviate concerns by businesses regarding the sanctity of contract and the ability to resolve disputes in Cambodian courts.  And the consistent application of the rule of law would help to ensure that asylum seekers have full and unimpeded access to internationally accepted procedures.  This would give the Royal Government an opportunity to demonstrate to the world its commitment to human rights.

Anti-corruption efforts are vital to Rule of Law reform.  Over the last several months, the need for more anti-corruption improvements has been discussed publicly at various speeches and events by RGC officials.  The fact that people are talking about this at all levels of society is a good thing, and I commend the RGC for initiating discussion on this difficult topic.  Many believe that even with the successful passage of the Anti-Corruption Law and the creation of the Anti-Corruption Unit, additional reforms are needed, including the need for more prosecutions.  Reform in this area would not only help to eliminate corruption in Cambodia, but it would send a positive signal to investors.  Respondents to a recent World Economic Forum survey identified corruption – particularly within the judiciary, customs service, and tax authorities – as the single greatest deterrent to investment in Cambodia.  I commend Commerce Minister Sun Chanthol, who has announced a number of positive reforms such as online business registrations, which will help move the country towards greater efficiency and transparency.  His efforts are not going to solve all the corruption issues in Cambodia, but they are worthy first steps and his efforts are getting noticed. 

Given that as many as 300,000 Cambodians enter the workforce each year, many believe that additional reforms to promote labor rights will help create higher-wage jobs, attract more investment, and improve Cambodia’s image.    Utilizing a scientific, evidence-based approach to determine the minimum wage will reduce the chance of further strikes and political instability.  With unions effectively working with the Cambodian government and the private sector to resolve labor disputes, potential investors would feel more secure developing economic ties with local businesses and Cambodia in general.  In order to maintain the steady progress that Cambodia’s economy has experienced over the past decade, involving all stakeholders – the government, workers, and employers – to engage in open and honest dialogue will lead to reforms that will benefit all parties.

These are only a few of the areas in which reform can have a profound impact on Cambodia’s future development.  Regardless of the focus, a precondition for any successful reform is the inclusion of civil society.  Cambodia’s vibrant and healthy civil society, of which the country can be justifiably proud, provides an effective platform for citizens to voice their ideas, explore new proposals, and participate in the political process beyond the activities of political parties.  Partnerships between NGOs, the government, and the private sector have been crucial contributors to the improvement of human rights in Cambodia, for instance in the garment sector, where the minimum wage has increased from $60 to $128.  The government has stated publicly that it is committed to reform, so I encourage the country’s leaders to work closely with civil society to help Cambodia move towards greater success in the future.
  
Substantial reform has led to progress and change in Cambodia.  As the country steadily moves closer to achieving its development goals, the United States will remain committed to supporting reforms that bring Cambodia towards an increasingly democratic and prosperous future.  These reforms, when meaningful and created through a systematic process, will bring considerable benefits to Cambodians across society. I highly encourage both parties to continue to work together on reforms that will benefit all citizens and will include open dialogue, debate, public participation, and be transparent.  

I would like to again thank you for reading my column this and every week.  Feel free to send me questions in English or Khmer at AskAMBToddPP@state.gov and follow my blog at http://blogs.usembassy.gov/todd/.

William E. Todd is U.S. Ambassador to the Kingdom of Cambodia.
- See more at: http://www.thecambodiaherald.com/opinion/what’s-next-on-reforms-1342#sthash.827fOPDU.dpuf

1 comment:

Anonymous said...

Thank You Ambassador Todd for all of your concerns regarding Khmer people's sufferings.

Chhary