Declaration of Assets and Liabilities Pech Pisey Director of Programmes.

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Pech Pisey Director of Programmes

Together Against Corruption.

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


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 Anti-corruption Unit



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 Anti-corruption 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.



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.



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.



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.



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



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)



Article 38: Punishment for not declaring assets and liabilities

• is forced to declare

• If resisted double punishment.

• CSO leaders shall declare once informed

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 Vice-Chairperson 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 bodies to disclose

information

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

Declaration of Assets and Liabilities Pech Pisey Director of Programmes.

Documents

Transcript of Declaration of Assets and Liabilities Pech Pisey Director of Programmes.