Cambodia's Subservient Judiciary

International New York Times Editorial Board | 6 June 2014

The Cambodian National Assembly passed new laws last month governing the composition and organization of the nation’s courts. The net effect is to ratify and reinforce Prime Minister Hun Sen’s control over the judiciary. This is in violation of Cambodia’s Constitution, which calls for a separation of powers and an independent judiciary.

The laws empower the minister of justice to oversee the administration of the judicial system and to appoint and discipline judges — which, as a practical matter, means he can determine the outcome in politically sensitive cases. This formalizes the de facto control over the courts Mr. Hun Sen has wielded during almost 30 years in power. All along, the courts have been politicized, ineffective and corrupt.

Mr. Hun Sen came to power following the defeat of the murderous rule of the Khmer Rouge, which led to the deaths of anywhere between 1.5 million and 3 million Cambodians by execution, starvation or disease. He enjoyed popular support for the pgreace he brought, but that popularity has been waning. His Cambodian People’s Party won [??, more like plundered votes] by only a narrow margin in the parliamentary elections last July, elections that, according to his opposition and independent observers, were riddled with irregularities. The opposition has since boycotted Parliament. Mr. Hun Sen’s latest assertion of authority over the judiciary is an inappropriate and desperate response to rising dissent.

Various indexes measuring corruption, freedom and quality of life place Cambodia near the bottom of international rankings. There is great inequality in the distribution of wealth. Over a third of the children, for instance, are malnourished, and government critics are rounded up and detained on dubious charges.

It does not have to be this way. Cambodia’s economy has one of the highest growth rates in Asia, climbing an average of over 7 percent between 2001 and 2010, propelled largely by foreign aid and investment, and tourism. The problem is a kleptocratic government’s hoarding of ill-gained wealth.

Because foreign aid and investment accounts for much of the growth, the international community has considerable leverage to push for change in Mr. Hun Sen’s governance. Cambodians deserve a government of all Cambodians.