The Law, Rules, and Common Sense – Sunday, 5.9.2010

The Mirror, Vol. 14, No. 680

Some readers of The Mirror said that there was too much published related to the state of law. True, matters relating to the role of the law in Cambodia have received quite some attention. And this did not only happen when dealing directly with legislation and legal reforms, which are on the agenda of the government. Also related to such complex and difficult problems like the Temple of Preah Vihear as a World Heritage Site, and at a place in a region where both Cambodia and Thailand have taken different positions. Not emotions, but referring to what has been written – even when it is interpreted differently – will be crucial reference on the way to solutions.

Recently, there is a controversy in the press, relating to the absence of a specific legal regulation. But do we need, as a human society, laws for everything? Where is the line to be drawn where laws are necessary, or where is it possible to come to common understandings even without written laws?

In 2004, an Arbitration Foundation – “solving collective labor disputes” – has been created with the support of the International Labor Organization, to support an Arbitration Council:

The Arbitration Council is an independent, national institution with quasi-judicial authority derived from the Labor Law of Cambodia. Established in 2003 with the support of the Ministry of Labor, employers and unions, the Arbitration Council is empowered to assist parties in resolving collective labor disputes in Cambodia.

All this seems to be quite reasonable. But to take this conflict up in The Mirror is not about the Arbitration Council itself, but about the conflict which has been in the media for some time. As the work of the Arbitration Council is expanding, it plans to accept a number of new Trainee Arbitrators – but the candidates have declared they do not want to pass an examination before being accepted. Why? Because there is no law requiring such an examination! As the candidates have even announced they will not participate in the examinations scheduled for the present weekend, a public appeal was made by the President of the Cambodian Federation of Employers and Business Associations and Chairperson of the Garment Manufacturers Association in Cambodia, and also by the President of the International Business Chamber of Cambodia, published in The Cambodia Daily of 4/5.9.2010:

We would like to clarify that the examination requirement was introduced at the behest of a joint commission, which includes representatives of the government and private sector and which is tasked under the law with selecting the first arbitrators of the National Arbitration Council and ensuring the quality of these arbitrators and their future arbitral decisions.

The situation is confusing. There are no reports why the candidates want to be selected and admitted without a test – except that there is no law. There were reports recently that the Prime Minister warned against nepotism in the public service, as there are cases where positions are being awarded without a transparent process, according to personal favors.

This cannot be the goal of those who want to be involved to find fair and just solutions for conflicts between labor and management? But how then, if not by testing qualifications, should Trainee Arbitrators be selected? Some may pass, and others not – but not just according to favors and bribes.

Any guidance to understand this problem would be appreciated, it could also lead to some exchanges in the Comment and Discussion section of The Mirror. To have examinations or not – is this not, first of all, a question of common sense?

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