ការប្រកាសប្រព្យសម្បត្តិ និងរំណុល Declaration of Assets and Liabilities Pech Pisey Director of Programmes Declaration of Assets and Liabilities Under Cambodian Law on Anti-Corruption • In 2007, Cambodia ratified to the United Nations Convention Against Corruption. • In 2010, Law on Anti-Corruption was promulgated: • • • • National Council Against Corruption Anti-Corruption Unit Budget under Council of Minister 2011, the law was amended: • • Independent Budget All Corruption Offenses entry into forced Together Against Corruption. Declaration of Assets and Liabilities Upon taking and leaving offices, the following persons shall, in writing or electronic form, declare their assets and liabilities, regardless of whether those assets are inside or outside the country, and shall submit, in person, to Anti-corruption Unit. (Art 17) 1. Members of Senate, members of National Assembly, and Members of the Royal Government 2. Appointed public officials with a specific mandate 3. Members of the National Council Against corruption, chairperson, vice-chairpersons and all officials of the Anticorruption Unit Together Against Corruption. Declaration of Assets and Liabilities 4. Civil servants, police, military personnel and other public servants appointed by Royal Decrees or Sub-decrees 5. Other officials appointed by Prakas and decided by Anticorruption Unit ' s list of declaration on assets and liabilities, after the consultation with National Council Against corruption. 6. Trial judges, prosecutors, notary public, 7. Court clerks and bailiff. 8. Leaders of civil society. Together Against Corruption. Declaration of Assets and Liabilities Art 18: Regime of Declaration of Assets and Liabilities Declare every two years, in early Jan Shall be done within 30 days after taking office. Removal from office, declaration shall be made within 30 days after leaving the office. Together Against Corruption. Declaration of Assets and Liabilities Article 19: Suspected non-listed person to declare assets and liabilities The suspect of corruption shall declare his/her assets and liabilities shall comply with the formalities and procedures in Article 18 of this law. Together Against Corruption. Declaration of Assets and Liabilities Article 20: Documentation of the assets and liabilities declaration “shall be kept highly confidential.” enclosed in separate envelopes, one to be kept by the individual concerned and the other by the Anti-corruption Unit. Together Against Corruption. Declaration of Assets and Liabilities Sealed and signed by the Chairperson of Anti-corruption Unit, or a representative The Chairperson can decide on the opening for the sake of investigation as necessary. Kept within Anti-corruption Unit for ten years Together Against Corruption. Declaration of Assets and Liabilities Article 38: Punishment for not declaring assets and liabilities Failed to declare 1 Month and 1 Year in Prison Fine from 100,000 Riel (25 USD) to 2,000,000 Riel (500 USD) Together Against Corruption. Declaration of Assets and Liabilities Article 38: Punishment for not declaring assets and liabilities • is forced to declare • If resisted double punishment. • CSO leaders shall declare once informed Together Against Corruption. Recommendations AMEND THE ANTI-CORRUPTION LAW The asset declarations provisions should be amended to: -Remove the phrase ‘highly confidential’ -Add a clause that officials’ asset declarations will be shared with the public (Article 20) Remove the provision that allows a prison sentence for making a corruption complaint (Article 41) Remove the provision that the Chairperson and ViceChairperson of ACU are appointed. Instead both should be selected through an open, competitive recruitment process (Article 11) PASSING AN ACCESS TO INFORMATION LAW • Ensure maximum disclosure of information • Ensure the law applies to all persons indiscriminately • Place obligations on public information bodies to disclose Access to information is core principle of democracy. It enables people to make better decisions and informed investments, helping a strong society to grow. PASSING WHISTLEBLOWER PROTECTION ACT • Ensure the protection of complainants and witness • Ensure an easy access to complaint mechanism Whistle Blower Protection Act helps to ensure citizen engagement in the fight against corruption, build public trust and as a result ensure an effective anti-corruption law enforcement. Thanks You! Q&A Together Against Corruption.