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Capacities of Cambodian authorities strengthened to engage in cross-border legal cooperation at the national and regional levels



Phnom Penh (Cambodia), 20 July 2017
- A national workshop with representatives from Cambodia's Central Authority and related government departments was organised in Phnom Penh to assist the country to more effectively address transnational crime and security challenges within the framework of the ASEAN Vision 2025. The aim of the workshop was to strengthen the capacity of Cambodia to engage in cross-border criminal justice cooperation, in particular mutual legal assistance (MLA) and extradition.

Throughout Southeast Asia, transnational organised crime groups and their networks profit from illicit activities that range from drug and precursor trafficking, to human trafficking and migrant smuggling, to the trade of illegal timber and endangered species. Along with the launch of the ASEAN Political-Security Community, the launch of the ASEAN Economic Community in 2015 has helped bring about freer flows of goods, services, labour and money. If recent evidence is correct, legitimate economic flows will continue to increase. While this is positive for the region as a whole, it also provides increased opportunities for transnational crime groups to engage in criminal activities.

Illicit flows and movements mirror and travel alongside legal flows and movements, and as these illegal flows expand, criminal and terrorist networks will continue to benefit. This will only serve to further challenge governance, law enforcement and criminal justice systems of countries in the region.

During the workshop, representatives of the Ministry of Justice, the Ministry of Interior, the National Police and the Prosecutor's Office worked through as series of exercises designed to increase their understanding and ability to utilise MLA and extradition. As a result, they were provided the opportunity to not only learn more about the legal traditions and systems regarding MLA and extradition in other countries, but also to strengthen relationships and understanding between the various Government departments within Cambodia that work on these issues.

Workshops such as these will aid in harmonizing MLA for joint investigations of transnational crime, extradition and asset recovery across ASEAN, which is currently understood and applied in different ways across the region, due in part to the varying legal systems and capacities.



At the same time, all countries of the region have signed the ASEAN Mutual Legal Assistance in Criminal Matters Treaty, the UN Convention against Transnational Organised Crime and the UN Convention against Corruption, and they are working to comply with UN Security Council resolutions requiring mutual legal assistance. Unfortunately, despite commitments to regional and international treaties and resolutions, justice cooperation in the ASEAN region has largely taken place on an ad-hoc and sometimes informal basis, leading to mixed results. Engagement with justice authorities from outside Southeast Asia is also often inconsistent - and in some cases minimal or not happening - leaving the region open to possible exploitation and criticism.

As H.E. Under-Secretary Kim Sentepheap from the Ministry of Justice mentioned at the beginning of the workshop, "It is important that Cambodia is able to more effectively engage with its partners in cross-border criminal justice cooperation, as well as be in a position to meet its international and regional obligations. Thus, workshops at the national level such as this are needed, so that we have the opportunity to learn what is required to best interact with our neighbours on transnational crime and security issues, as well as strengthen the relationships within our country that allow us to do so."

Click here to learn more about UNODC's work on MLA and Criminal Justice.