Transcript Slide 1

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The Rise of the Rule of Law in ASEAN
Thai-Canadian Chamber of Commerce
14 January 2015
BANGLADESH
|
CAMBODIA
|
INDONESIA
BANGLADESH | CAMBODIA | INDONESIA
|
LAO P.D.R.
| LAO PDR
|
MYANMAR
|
| MYANMAR
SINGAPORE
|
THAILAND
| SINGAPORE
|
VIETNAM
| THAILAND |
VIETNAM
Bangkok Post 12 Jan 2015
WHAT IS THE RULE OF LAW?
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.
Anti-Corruption Measures
Cambodia
Laws
2009 & 2010
Indonesia
2001
Commissions
National Council agasint
Corruption and Anti
Corruption Unit
Commission 2002
Lao PDR
2005, amended 2012
Committee, 2011
Malaysia
Penal Code
Commission 2009
Myanmar
2013
Stronger Enforcement focus expected
Philippines
1960, 1989
Implementing
Regulations
Various
Singapore
New Laws 2002 and
2013
1999
2012
Various
Continued focus
Various
Real Change??
No real change
Thailand
Vietnam
**Note that most penal codes bribery is a crime
Trend
Increasing enforcement trend, but no
revolution
Current Prosecutions – new policy of
“Mental Revolution” (Pres Widodo) to
free gov’t from graft, corruption and
bureaucracy
Strong new anti-corruption policy and
strategy 2012-2020; political will to
enforce unclear
Continued focus, Targeted Improvement
Current high profile prosecutions
Transparent in Law Making Process / ROL
Mandatory Public Notice and
Comment
No, but formal PPD (PPF) Process
Policy Shift
Indonesia
Effective on
Publication in Gazette
No, but published in
due course
Yes (2011)
Yes (2011 and 2014), publication and
“hearings”
Stronger focus on ROL
Lao PDR
Yes (2012 Law)
Yes, publish on govt website, 60 days,
Law and “hearings” (2012)
Myanmar
No, but practice is to publish drafts
Philippines
No, published in due
course
Yes (1946/1987)
All old laws published by
1 Jan 2013 or no longer
in effect
Stronger focus on ROL
Yes (1935/1987), law and regs
Stronger focus on ROL
Singapore
Thailand
Yes
Yes
Yes
No: “norm” to publish at ministerial
level, public participation considered
by Cabinet before approval
Same
Stronger short term.
Long term uncertain.
Vietnam
Yes
Yes, publish on Govt Website 60 days, Nothing foreseen
“hearings” required (2009)
Cambodia
Small None
Rule of Law; Corruption and CG
1. Ease of Doing Business 2010-2014 - Global
200
180
160
Global Rank
140
120
100
80
60
40
20
0
Singapore
Thailand
Vietnam
2010
2011
Indonesia
Country
2012
2013
Cambodia
Lao PDR
Myanmar
2014
7
2. Rule of Law Index Year on Year Comparison
0.8
0.75
0.7
Cambodia
0.65
Indonesia
0.6
Malaysia
0.55
Myanmar
0.5
Philippines
0.45
Singapore
0.4
Thailand
Vietnam
0.35
0.3
2010
2011
2012
2014
3. Corruption Perception Index: Scores 2012-2014
9
4. ASEAN 2014 CG Scores by Country
ASEAN CG Scorecard (ASEAN Capital Market Forum – ACMF)
BUT IT WASN’T ALWAYS THIS WAY
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5. UNCAC: Review Mechanism
1. Self Assessment:
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UN informs Member under review
Self Assessment checklist
Publication Voluntary
2. Peer Review:
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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:
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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.
ASEAN, AEC, GMS and the ROL
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BANGLADESH
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CAMBODIA
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INDONESIA
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LAO P.D.R.
|
MYANMAR
|
SINGAPORE
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THAILAND
|
VIETNAM