Pushing Forward Judicial Reform

By William E. Todd, U.S. Ambassador to the Kingdom of Cambodia

After finishing my column this week I will head to the airport to fly to the United States to celebrate Christmas and New Year’s Eve with my family back home.Although I will be traveling, I will still be following the news in Cambodia closely and also taking questions from my readers. 

A lot has happened in Cambodia in 2014, but one of the most significant announcements of the year came last week, when I joined representatives from government, civil society, academia, and the diplomatic community for an event marking the propagation of three judicial reform laws that were passed by the National Assembly on May 22. In a keynote address, Prime Minister Hun Sen called for judicial reforms that would help Cambodia’s legal system to address some longstanding deficiencies. I know many were encouraged by this call for action. If reform happens – and I sincerely hope that it does – it will be a major step forward in Cambodia’s democratic and social development. The Prime Minister’s announcement was very much on the mind of my readers, one of whom asked, “Are Cambodia’s political leaders doing enough to address problems with the country’s judicial system?”

One of the most essential services that any government must provide is a fair and reliable judicial system. It is not enough to have judges and courts – an effective judicial system must be independent, transparent, impartial, and free from cronyism and outside interference.One of the laws passed in May provides an independent appointment and disciplinary mechanism for judges and prosecutors. The second reduces the authority that the Ministry of Justice has over the courts, thereby helping the courts to be more independent. The third law creates new courts for labor and commercial disputes. If implemented properly, these three laws could go a long way towards addressing a wide range of challenges facing Cambodia’s judicial system.

Some of these challenges were on display in recent weeks in several high-profile cases. In the Beoung Kak Lake protest case last month, ten female activists were arrested, tried, convicted, and sentenced to jail all within a three-day period. It is difficult to imagine that authorities can build a solid case or defendants mount an effective defense for due process in such a short period of time. In addition, a one-year jail sentence strikes many observers as being particularly harsh considering the crime of disrupting traffic. In order for justice to prevail, all defendants must have the right to a fair trial and, if guilty, the sentence must be proportional to the crime. Ensuring that these protestors have access to a swift and fair appeals process would be one way to help address the injustice in this case.

In another instance, human rights defenders have complained that political activist Ouch Pich Samnang was questioned by an investigating judge for 30 minutes on November 18 without having a lawyer present, which would be a violation of basic principles of justice.  An appeal was made directly to His Majesty King Norodom Sihamoni in his role of president of the Supreme Court of Magistracy to call for an investigation of the judge’s conduct, which the King requested this week.It is important to have an avenue available to hold judges and prosecutors accountable for their actions. 

The need for judicial reform goes far beyond specific cases. Without continued focus on improving the justice system, Cambodia’s economic and social development will face serious impediments.Put another way, if implemented properly, judicial reforms like those mentioned by the Prime Minister have the potential to generate a number of benefits for the Cambodian people. If the independence of the judicial branch is protected, judges can securely make decisions without interference from other government officials, armed forces, or the police. With judicial governance that is more reliable, court officials can be properly appointed and fairly punished, leading to increased accountability, less corruption, and greater confidence in the judicial system.

Another benefit of these laws is in the area of Cambodia’s economic development. When speaking with the business community about Cambodia, local entrepreneurs and foreign investors often tell me that they have strong doubts regarding the judicial system and its ability to resolve commercial disputes. Although the country has a pro-business regulatory framework, concern about rule of law is a determining factor when a company decides to invest in Cambodia. Even in purely private disputes, courts have been unreliable and susceptible to external political influence and bribery. The creation of a commercial court is an ideal method for increasing professionalism, discouraging corruption, and diminishing the influence that comes from outside the courts.

I urge the Royal Government to move forward quickly to implement these judicial reforms.  It is also important to keep in mind that even the best policies can fail if there is not good communication with the public. A number of NGOs and Cambodian citizens expressed their displeasure with these laws when they were passed by the National Assembly and the Senate earlier this year. Among their criticisms was the approval of the laws without external consultations from stakeholders or significant parliamentary debate, despite promises that this would take place.

In fulfilling its commitments to the Cambodian people, I encourage the government to ensure that the voice of the people is heard. NGOs have been valuable sources of information about the impact that a poor justice system has on the people. They have consistently called for political leaders to focus on judicial reform and have offered their expertise. There is no doubt that Cambodia’s dynamic civil society can contribute innovative ideas and solutions to judicial reform and other issues. This was demonstrated when the government engaged with the public during the development of the NGO law, earning praise from Cambodians as well as the international community. I encourage the Royal Government to better utilize the incredible resources found throughout Cambodia’s civil society, in order to serve the best interests of the people.

While the judicial reform laws are a step in the right direction, much more will be required to rid Cambodia of corruption, impunity, nepotism, and cronyism.  Still, the Prime Minister’s statement, and his willingness to push forward ambitious reforms in this key sector, give us reason to be optimistic that Cambodians will continue to chart a path towards a democratic and prosperous future in 2015.

On that final note, as I head home for the holidays, I would like to wish all of my readers best wishes for a Merry Christmas and a happy and healthy start to the new year!

Thank you again for this opportunity to answer your important questions. Please continue to send me questions at AskAMBToddPP@state.gov and leave comments on my blog at http://redirect.state.sbu/?url=http://blogs.usembassy.gov/todd

William E. Todd is U.S. Ambassador to the Kingdom of Cambodia.