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The Rise of the Rule of Law in ASEANThai-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?
Laws Commissions TrendCambodia 2009 & 2010 National Council agasint
Corruption and Anti Corruption Unit
Increasing enforcement trend, but no revolution
Indonesia 2001 Commission 2002 Current Prosecutions – new policy of “Mental Revolution” (Pres Widodo) to free gov’t from graft, corruption and bureaucracy
Lao PDR 2005, amended 2012 Committee, 2011 Strong new anti-corruption policy and strategy 2012-2020; political will to enforce unclear
Malaysia Penal Code Commission 2009 Continued focus, Targeted Improvement
Myanmar 2013 Implementing Regulations
Stronger Enforcement focus expected
Philippines 1960, 1989 Various Current high profile prosecutions
Singapore New Laws 2002 and 2013
Various Continued focus
Thailand 1999 Various Real Change??Vietnam 2012 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) Process Small None
Indonesia 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)
All old laws published by 1 Jan 2013 or no longer in effect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 drafts Stronger focus on ROL
Philippines Yes (1946/1987) Yes (1935/1987), law and regs Stronger focus on ROL
Singapore Yes Yes SameThailand Yes No: “norm” to publish at ministerial
level, public participation considered by Cabinet before approval
Stronger short term. Long term uncertain.
Vietnam Yes Yes, publish on Govt Website 60 days, “hearings” required (2009)
Nothing foreseen
Transparent in Law Making Process / ROL
1. Ease of Doing Business 2010-2014 - Global
Singapore Thailand Vietnam Indonesia Cambodia Lao PDR Myanmar0
20
40
60
80
100
120
140
160
180
200
2010 2011 2012 2013 2014
Country
Glo
bal R
ank
7
2010 2011 2012 20140.3
0.35
0.4
0.45
0.5
0.55
0.6
0.65
0.7
0.75
0.8
CambodiaIndonesiaMalaysiaMyanmarPhilippinesSingaporeThailandVietnam
2. Rule of Law Index Year on Year Comparison
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
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