sub-decree

Most of the Important Positions at International Border Crossings Are Not Reassigned, not Following a Sub-Decree – Friday, 21.5.2010

The Mirror, Vol. 14, No. 665

“Phnom Penh: Important positions of some officials – such as police, customs, and CamControl – at border crossings for international travelers and at border crossings for local travel are, at present, not reassigned properly, contrary to the terms that are clearly set by the Royal Government in a sub-decree.

“Sub-Decree 64, signed by Prime Minister Hun Sen in 2001, that consists of 13 chapters and 39 articles, clearly speaks about the structure for the administration, and the roles and terms of the officials that must be followed.

“According to Chapter 8, about the terms in Article 29, the head of border crossings for international travelers, and the officers at border crossings for local travel, the heads of sea ports, and the heads of other expert authorities must be reshuffled every two years. According to Article 30, officials stationed at border crossings for international travelers, and at other border crossings, will be reshuffled every year.

“But in reality, those officials collude with each other systematically, and important officials are not reshuffled according the terms as clearly stated in the Sub-Decree of the Royal Government. On the contrary, most officials holding important positions, such as in the police, or as tax and custom officers at international border crossings, and at other border crossing for local traffic, stay in their lucrative positions more than five years, and some even up to eight years, and the relevant ministries do not reassign them. In addition, the number of ‘mixed officials’ [police, tax officials, CamControl, and local authorities] at each international border crossing point is too high.

“It is seen that when related ministries and institutions do not implement the terms for the officials working at international and other border crossings for relevant ministries for years, without being reassigned, those officials use their positions to commit all kinds of corruption. They commit dishonest activities for personal gain and seek money for bribing the higher levels, so that they can stay in their positions longer, which leads to the loss of income for the state.

“In Chapter 11 of the Sub-Decree about penalties, Article 35 clearly states that officials who take the opportunity to use their positions and power to arbitrarily create difficulties for travelers, for for owners of vehicles, and relate to all types of goods crossing the border, or who violate their duties, will be convicted according to the law. However, in reality, none of them has been punished. Officials working at the same border crossing for several years usually make the citizens, and especially big traders feel afraid of them, as they think that officials who can stay at their posts for many years are not normal cases: they must have the backing of some high ranking officials. This allows those officials to do whatever they want.

“The Sub-Decree also established a monitoring procedure, with a representatives from the Council of Ministers as the head, and representatives from other ministries and institutions, and from the related municipalities, according to a notification from a Minister of the Council of Ministers, to monitor the activities and to checking the related offices, in order to report to the head of the government.

“But the mechanism seems ineffective for the day-to-day activities at international and other border crossings. Some police, customs, and CamCotrol officials are not reshuffled as required according to the sub-decree. Those officials use money collected at the border crossings to control the flow of document themselves. Some do this directly with the departments and their staff at each ministry. Others do it directly through the Customs Office, so that they can hold their positions at border crossings for years.

“Prime Minister Samdech Hun Sen warned on 6 April 2010 during the closing convention of the Ministry of Agriculture, Forestry, and Fisheries, that even if they fail to reshuffle, officials will be punished according to their terms that seem to allow those officials to commit corruption systematically as they know the place well.

“A parliamentarian from the Cambodian People’s Party, Mr. Cheam Yeap, told reporters that through direct monitoring at some international border crossings, such as the Poipet border crossing, the international seaport in Sihanoukville, and the Smach international border crossing in Komopong Cham, there are many organizational structures of administration, and more than 1,000 coalition personnel involved, including police, military, and CamControl officials, and local authorities.

“Mr. Cheam Yeap added that the collection of state income is destroyed by corruption, committed by a small number of people working at those border crossing points. If an official takes, personally, just Baht 5 or Riel 1,000 or Riel 500 to buy something to eat, pretty much money is lost. They cause difficulties for the trading of citizens and of national and international investors. He suggested that the number of those officials should be reduced by half in order that much benefit can be contributed to Cambodia.

“Therefore, related ministries must check these unclear points, because the collusion not to reshuffle important positions of officials at international and other border crossings, and the too high number of officials, seriously violates the Sub-Decree signed by the head of the Royal Government.

“Many officials who do not have high ranking officials backing them and have no money to bribe higher levels, complained that they could not stay at good posts like others, because those working at such good posts are not reshuffled as before, but there are biddings for positions. This is a bad model for law enforcement which requires reforms.” Rasmei Kampuchea, Vol.18, #5203, 21.5.2010

Newspapers Appearing on the Newsstand:
Friday, 21 May 2010

Deum Ampil, Vol.4, #483, 21.5.2010

  • The Phanpimex Company Destroyed a State Electricity Cabin to Claim Land [Phnom Penh]
  • The Garment Sector Creates Employment for More Than 300,000 Workers [in Cambodia, despite of the global economic crisis]

Kampuchea Thmey, Vol.9, #2254, 21.5.2010

  • Robbers Armed with AK Rifles Robbed a Village Chief in Banon District, Battambang [taking away some money and jewelries]
  • Opportunists Committed Looting and Robberies and Burnt Down [about 35] Buildings in Bangkok

Khmer Amatak, Vol.11, #769, 21.5.2010

  • The Great Heroic King [the former King] Should Raise the Restricted Freedom and Human Rights Issues of Kampuchea Krom People in His Meetings with Yuon [Vietnamese] Leaders during His Visit to Yuon [Vietnam – no date of his visit is specified]

Khmer Machas Srok, Vol.4, #661, 21.5.2010

  • [Sam Rainsy Party spokesperson] Yim Sovann: Mr. Om Yentieng Has Made No Achievements in Combating Corruption [recently, Mr. Om Yentieng was nominated head of the Anti-Corruption Unit – he will be automatically also a member of the Anti-Corruption Council, the body that is supervising the Anti-Corruption Unit; it seems that this construction implies that the head of the Unit is also supervising himself]

Koh Santepheap, Vol.43, #6961, 21.5.2010

  • More Than 30 Buildings Were Burnt Down in Bangkok – the International Community [the European Union and the United States of America] Condemned the Violent Suppression, but Were also Surprised with the Violence of the Demonstrators
  • In a Raid on a Drug Site in Sihanoukville, Sixteen People Were Arrested [for drug smuggling]

Moneaksekar Khmer, Vol.17, #3885, 21.5.2010

  • The Opposition Party Calls the Prohibition to Visit [two] Farmers Being Jailed [for removing border markers in Svay Rieng] a Breach of the Rights of Parliamentarians

Phnom Penh Post [Khmer Edition], Vol.1, #176, 21.5.2010

  • The Cambodian People’s Party Will Create Quick Reaction Youth Teams Countrywide [before the elections in 2012 and 2013]
  • The Nomination of Mr. Om Yentieng [a senior advisor of the Prime Minister] Invites Criticism [he was appointed by Prime Minister Hun Sen as the head of the Anti-Corruption Unit – the Sam Rainsy Party parliamentarian, Mr. Yim Sovann, said that Mr. Om Yentieng is not able to fight corruption as head of the National Anti-Corruption Committee of Cambodia under the Council of Ministers, and also, he might be influenced by Prime Minister Hun Sen]

Rasmei Kampuchea, Vol.18, #5203, 21.5.2010

  • Most of the Important Positions at International Border Crossings Are Not Reassigned, not Following a Sub-Decree
  • Cambodia Loses US$45 Million Each Year due to the Import of Pigs from Thailand [about one million pigs are imported to Cambodia each year, affecting local pig raisers; according to the head of the Cambodian Macro, Small, Medium Enterprise Project [MSME] of USAID, Mr. Curtis Hundley]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend The Mirror also to your colleagues and friends.

Back to top