Embassy of the United States

Speech

Remarks by Ambassador Joseph A. Mussomeli, Cambodian Ministry of Justice – USAID MoU Signing Ceremony

Ministry of Justice (MoJ), Phnom Penh
November 17, 2006

If you ask 10 people what is the most important thing about democracy or what constitutes a true democracy, you are likely to get 10 different answers.

Some will say democracy is the right to vote in fair elections.  Others will say that it has to do with freedom, especially the freedom to express oneself.  Still others will insist that freedom of the press or freedom of assembly is what most defines democracy.  Some will even argue that having different political parties or having a well educated citizenry is the key to real democracy.

But there is an even more fundamental issue than whether a country is democratic or not.  The bigger question is whether it is civilized or not.

And when we think of what defines civilization I think we come down to one very simple question: is a country a government of laws or a government of men?

The English philosopher Hobbes once observed that in a state of nature there is no law except that “might makes right.”  That those with power and wealth and strength do whatever they want and the weak and poor must simply submit to them.

But that in an organized state, a civilized state, all people regardless of their power or wealth or position are equally subject to the law.

Cicero once said: “We are slaves to the law in order that we can be free.”  Because if we are not slaves to the law then we are slaves to other men.

So having an independent judiciary, have transparent legal processes, having judges and legal institutions that have integrity are the hallmark not just of a democratic government, but a civilized one.

That is why this new agreement to be signed by our USAID Director Erin Soto and the Minister of Justice is so important.  The new formal relationship established through this MOU acknowledges Cambodia’s commitment to a truly modern judiciary and the rule of law.

This agreement provides assistance to the Ministry of Justice’s own initiative to lead Cambodia closer to the ideals of a modern state.

We will support the Ministry of Justice’s efforts to further develop the model court concept in the Kandal Provincial Courthouse,  such as introducing improved case filing and case tracking systems, expanding public outreach, enhancing its ability to provide competent counsel to those that cannot afford it, and improving its protection of juvenile defendants and witnesses.

Used well, these programs can serve as a catalyst for improved rule of law and greater credibility of the judiciary.

We salute the vision and leadership of the Minister and all of us at the Embassy, but especially those of us in USAID, look forward to a closer working relationship with the Ministry of Justice.