Presentation on theme: "BANGLADESH | CAMBODIA | INDONESIA | LAO P.D.R. | MYANMAR | SINGAPORE | THAILAND | VIETNAM CLICK TO EDIT MASTER TITLE STYLE BANGLADESH | CAMBODIA | INDONESIA."— Presentation transcript:
BANGLADESH | CAMBODIA | INDONESIA | LAO P.D.R. | MYANMAR | SINGAPORE | THAILAND | VIETNAM CLICK TO EDIT MASTER TITLE STYLE BANGLADESH | CAMBODIA | INDONESIA | LAO PDR | MYANMAR | SINGAPORE | THAILAND | VIETNAM The Rise of the Rule of Law in ASEAN Thai-Canadian Chamber of Commerce 14 January 2015
Four Pillars: 1.Accountability: Govt and its officials accountable under the law (Rejection > Misuse > Use > Submission) 2.Substantively Equitable : Laws are clear, publicized, stable and fair, protecting fundamental rights, including security of persons and property 3.Equitable Process: Process by which laws are enacted, administered and enforced is (1) Transparent (2) fair and (3) efficient 4.Access to Justice: competent, independent, ethical adjudicators. WHAT IS THE RULE OF LAW?
LawsCommissionsTrend Cambodia2009 & 2010 National Council agasint Corruption and Anti Corruption Unit Increasing enforcement trend, but no revolution Indonesia2001Commission 2002 Current Prosecutions – new policy of “Mental Revolution” (Pres Widodo) to free gov’t from graft, corruption and bureaucracy Lao PDR2005, amended 2012Committee, 2011 Strong new anti-corruption policy and strategy 2012-2020; political will to enforce unclear MalaysiaPenal CodeCommission 2009Continued focus, Targeted Improvement Myanmar2013 Implementing Regulations Stronger Enforcement focus expected Philippines1960, 1989 VariousCurrent high profile prosecutions Singapore New Laws 2002 and 2013 VariousContinued focus Thailand1999VariousReal Change?? Vietnam2012 No real change Anti-Corruption Measures ** Note that most penal codes bribery is a crime
Effective on Publication in Gazette Mandatory Public Notice and Comment Policy Shift Cambodia No, but published in due course No, but formal PPD (PPF) ProcessSmall None IndonesiaYes (2011) Yes (2011 and 2014), publication and “hearings” Stronger focus on ROL Lao PDRYes (2012 Law) Yes, publish on govt website, 60 days, Law and “hearings” (2012) All old laws published by 1 Jan 2013 or no longer in effect Myanmar No, published in due course No, but practice is to publish draftsStronger focus on ROL PhilippinesYes (1946/1987)Yes (1935/1987), law and regsStronger focus on ROL SingaporeYes Same ThailandYes No: “norm” to publish at ministerial level, public participation considered by Cabinet before approval Stronger short term. Long term uncertain. VietnamYesYes, publish on Govt Website 60 days, “hearings” required (2009) Nothing foreseen Transparent in Law Making Process / ROL
4. ASEAN 2014 CG Scores by Country ASEAN CG Scorecard (ASEAN Capital Market Forum – ACMF) BUT IT WASN’T ALWAYS THIS WAY 10
1.Self Assessment: UN informs Member under review Self Assessment checklist Publication Voluntary 2.Peer Review: two reviewer countries, appointed by lots, Reviews provide experts to form team to review checklist ask questions, etc 3.Country Review Report and Exec Summary: Country Report Produced – Published only if agreed by country under review. If disagreement, discussed between reviewers Executive Summary Produced – published automatically Thailand: Reviewed July 2013 to June 2014 (Nepal and Bahrain): No Exec Summary or Report published yet. 5. UNCAC: Review Mechanism