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Monday, September 28, 2009
New book assesses tribunal
Photo by: Photo Supplied
A DC-Cam Peace and Justice walk, led by nuns, monks and Cham Muslim leaders, heads towards the Khmer Rouge tribunal.(Post in http://www.khmernz.blogspot.com/)
Monday, 28 September 2009 15:03 Robbie Corey-Boulet
DC-Cam effort addresses administration, challenges for survivor participation.
THE Khmer Rouge tribunal’s efforts to engage survivors have been hindered by a severe lack of resources, and administrative issues such as unresolved corruption complaints threaten to compromise progress in the courtroom, according to a new book from the Documentation Centre of Cambodia (DC-Cam).
The release of On Trial: The Khmer Rouge Accountability Process, scheduled for Saturday, roughly coincides with the third anniversary of the tribunal’s founding, initially with three-year mandate. In addition to topics such as the tribunal’s history and operations, the book includes chapters assessing its performance in three areas: rulings, administration and survivor-engagement.
The chapter on survivors, written by Sarah Thomas and Terith Chy, states that an under-resourced Victims’ Unit and ill-equipped civil party lawyers have detracted from survivors’ contributions to the proceedings.
The unit, they say, “has suffered greatly as a result of its late creation and the half-hearted support of donors”, making it necessary for outreach and other tasks to be delegated to NGOs and other intermediary organisations.
Though they note that the processing of complaints and civil party applications has been aided by the hiring of more data-entry clerks, more than 1,500 forms had not been processed as of late July, they say.
In an interview with the Post, Terith Chy, head of DC-Cam’s Victim Participation Project, said there was still a chance the forms could be useful in the shaping of the tribunal’s second case, but that “the window of possibility for this is … rapidly closing” as the investigation phase winds down.
Though they claim that the reliance on intermediary organisations “has been so extensive as to be overwhelming”, the authors argue that the unit should not try to take the lead on outreach.
“Having conducted outreach for almost two years, intermediary organisations possess far greater experience in the provision of victims’ rights education than the unit and have already secured the involvement of more survivors than the court may be able to handle,” they write.
The chapter goes on to describe civil party lawyers as inexperienced and outmatched by the prosecution and defence teams — a situation the authors say was inevitable, given that the tribunal does not fund civil party representation. In the trial of Tuol Sleng prison chief Kaing Guek Eav, alias Duch, pro bono lawyers recruited through intermediary organisations “lacked the resources necessary to match the other parties, including the necessary administrative, investigative and technological capabilities”, the authors say.
In addition to pushing for the appointment of court-recruited legal teams, the authors advocate stronger intervention by judges in the civil party process, which they say could have prevented many of the problems that arose during the Duch case.
In a separate chapter, John Hall, an associate professor at California’s Chapman University School of Law who has written extensively about the tribunal, writes that administrative issues “have risen to such a level that they threaten to damage the legitimacy and viability of the legal process”.
After detailing allegations of a kickback scheme on the Cambodian side of the tribunal, Hall criticises the “apparent lack of teeth” of the independent counsellor position, an anticorruption mechanism announced last month.
In an interview with the Post, he said it “seems highly unlikely” that Cambodian staff would be comfortable bringing their complaints to the counsellor, Uth Chhorn.
Hall also criticises the donor community for failing “to exert the full potential of its fiscal, moral and political leverage” in pushing for “more effective anticorruption mechanisms”.
(Editor’s note: Robbie Corey-Boulet was acknowledged for having provided comments during the preparation of Hall’s chapter on administrative issues.)
Govt’s land policy failing most vulnerable: report
Monday, September 21, 2009
Recovery likely to spur SBL demand
- Writer: NUNTAWUN POLKUAMDEE
- Newspaper section: Business
KGI Securities expects a jump in demand for securities borrowing and lending (SBL) activity over the next few months as the equities market continues to grow with the economic recovery.
Naruemol: Profit-taking after recent gains could bring opportunities for short-selling.
Naruemol Artamnuayvipas, KGI's executive vice-president for equity derivatives, said total short-selling volume as of June was 20.15 billion baht in the local market.
KGI, the local market leader for SBL services, had outstanding borrowings of 12 billion baht as of June, or 60% of the market. The brokerage expects volume to reach 25 billion to 30 billion baht for the full year.
Ms Naruemol said the company currently had 411 SBL accounts, up from 353 at the end of June. Local institutional lenders total 54, up 33% from June, while local institutional borrowers total 38 accounts, up 19%.
Individual accounts comprise the bulk of KGI's client base for SBL transactions at 301 accounts, up 14% from the end of June, of which 80 to 100 accounts are considered active.
KGI offers SBL services for 52 stocks, representing constituents of the SET50 index and for two exchange-traded funds: Thaidex SET50 ETF and the Mtrack Energy ETF.
PTT Plc, the largest stock on the SET by market capitalisation, was also the most active stock for borrowing at 3.84 billion baht in the first half, followed by PTT Exploration and Production (3.19 billion), PTT Aromatics (1.85 billion), Siam Commercial Bank (1.14 billion) and Banpu (1.07 billion).
In an SBL transaction, an investor holding a stock may agree to lend his holdings for a set period in exchange for a fee. A borrower can sell the shares in anticipation of further declines in share prices.
If share prices are lower when the borrower repurchases the stock, the investor reaps a capital gain. But if the market price is higher compared to when he sold the borrowed shares, the investor will book a loss, in addition to the borrowing cost of the shares themselves.
SBL services are likely to become even more popular over the next few months with the growing activity in the equities market, Ms Naruemol said.
"The SET index has already gained 56% for the year, and the index is now at a 13-month high. So there should be some profit-taking and a correction in the short-term, which will open opportunities for short-selling," she said.
KGI typically does not hold stock for SBL activities, but instead co-ordinates between lenders and borrowers to match transactions.
Lenders are typically mutual funds, provident funds, institutional investors and insurance companies, while borrowers vary between local individual investors as well as local and foreign institutions.
Foreign investors typically borrow for periods of around one month, while local institutions may take a two-week position while individual investors may borrow for just one week.
"SBL will become more popular in the future, as investors can use the service to short-sell or arbitrage among stocks TDEX, the SET50 index and SET50 index futures," Ms Naruemol said.
In Hong Kong, she noted, SBL activity accounts for as much as 40% of total trade on the equities market.
Continental Tyres sets up B200m office
- Newspaper section: Motoring
The new 200-million-baht Continental Tyres (Thailand) office consolidates the company's operational focus in Southeast Asia, say company executives. ''It was only natural that Continental Tyres would seek to strengthen its position in Thailand, given the kingdom's strategic importance and status as an important regional hub of automotive manufacturing,'' said Benoit Henry, vice-president for the marketing and sales business unit for replacement tyres in Asia-Pacific.
Celebrating the opening of the new Thai office, from left: Wiroj Wachiradechkul, CTT country manager; Benoit Henry, vice-president for marketing and sales, replacement tyres for Asia- Pacific; and Peter Hofmann, director of marketing, replacement tyres for Asia-Pacific.
‘‘It was only natural that Continental Tyres would seek to strengthen its position in Thailand, given the kingdom’s strategic importance and status as an important regional hub of automotive manufacturing,’’ said Benoit Henry, vicepresident for the marketing and sales business unit for replacement tyres in Asia-Pacific.
Continental, which claims to be the world's fourth-largest tyre manufacturer, has gained a foothold in the Thai tyre market through a multi-brand strategy covering the aftermarket in the mass market and in European passenger cars, commercial vehicles, off-road vehicles and pickup trucks.
Its flagship products based on German technology include ComfortContact1, SportContact1, ContiPremiumContact2 and ContiCrossXContact AT.
CTT country manager Wiroj Wachiradechkul will spearhead the Thai unit in enhancing and streamlining distribution, marketing and competitiveness through the dealership network.
''Our Thai office [Olympia Thai Tower on Ratchadaphisek Road, Huai Khwang] will bring us closer to our customers and enable us to better respond to their specific, localised needs,'' he said. ''Our image will be further enhanced through ... sponsorship of the 2010 World Cup in South Africa.''
Continental's two divisions _ Passenger and Light Truck Tyres (PLT) and Commercial Vehicle Tyres (CLT) _ have plants in Petaling Jaya and Alor Seta in Malaysia for Asia-Pacific markets.
Continental will penetrate markets by establishing business relationships, staying close to its customers and delivering innovations employing German engineering, which accounts for a large share of the original equipment manufacturer (OEM) market for high-performance vehicles, said Mr Wiroj.
Continental Tyres is an affiliate of Continental Corporation, which had sales of more than 24 billion last year as a top supplier of automotive brake systems, powertrains and chassis, instrumentation, vehicle electronics, entertainment systems and tyres.
Mitsubishi launches flexible-fuel Lancer
- Writer: SANTAN SANTIVIMOLNAT
- Newspaper section: Business
Mitsubishi Motors Thailand yesterday launched its flexible-fuel vehicle (FFV), the first mass-production car in the Thai market that can run on all types of gasoline up to E85 fuel.
Nobuyuki Murahashi, president of Mitsubishi Motors Thailand, shows off the new Lancer EX, which comes with a 1.8-litre engine compatible with fuel up to E85. The 2.0-litre engine can run on E20. WISIT THAMNGERN
The FFV is part of the debut of the all-new Lancer EX, the ninth generation of the Lancer model which comes with a 1.8-litre engine compatible with fuel up to E85 and a 2.0-litre engine that can run on E20.
The Lancer EX offers four variants to meet customers' needs and lifestyles, with the retail price starting at 831,000 baht for the 1.8-litre engine model and 1.034 million baht for the 2.0-litre engine.
Pre-sale bookings will be taken starting today at Mitsubishi Motors' 129 dealerships nationwide while official sales will begin one month later.
The existing Lancer with a 1.6-litre gasoline engine remains on the market after the revised Lancer has been launched but with reduced retail prices, starting from 592,000 baht to compete directly with the subcompact or B-car segment such as Toyota Vios and Yaris and Honda City and Jazz.
The new generation's powertrain uses a new 1.8-litre and 2.0-litre aluminium block engine, which meets the EU emission standard step 4 (Euro 4).
Mitsubishi has developed the FFV engine for the Lancer EX by improving all parts susceptible to corrosion by all types of gasohol. Parts such as fuel tanks, valves, valve seats, pumps, delivery pipes and injectors are made of metal, rubber and plastic. The electronic control unit adjusts the amounts of fuel injected and the ignition spark timing automatically to provide the best performance regardless of what fuel types are used.
"I am very confident that Lancer EX which is rich in ingenuity and loaded with new technologies will satisfy the needs and aspirations of sedan drivers," said Nobuyuki Murahashi, the president of Mitsubishi Motors Thailand.
Cambodia marks International Day of Peace
Businessmen call off Asean forum
Political instability a major concern
- Writer: NAREERAT WIRIYAPONG
- Published: 21/09/2009 at 12:00 AM
- Newspaper section: Business
Southeast Asian business leaders have cancelled their annual meeting set to take place in Thailand this year, citing the country's prolonged political strife and rising tension at the border between Thailand and Cambodia.
The Asean Business Advisory Council was scheduled to meet in Bangkok a few days ahead of the Asean Summit in Hua Hin late next month but its members recently decided not to hold the forum this year, said the council's chairman, Arin Jira.
The meeting was expected to draw about 500 leading executives from Asean members and trading partners to discuss economic prospects, update investment opportunities, and provide recommendations to governments on policies to integrate the regional economy, he said.
The political situation in Thailand has yet to stabilise and growing conflicts have triggered many uncertainties, said Mr Arin.
"Business leaders, therefore, had to rethink whether to come to Thailand because they are not certain about our capability to host the annual meeting," he said.
At the same time, the border dispute between Thailand and Cambodia also prompted the Thai government to decide this might be not the right time to hold the meeting, he added.
The Asean summit was postponed after anti-government red-shirt protesters broke into the summit venue in Pattaya in April. The Thai government then decided to switch the October summit venue from Phuket to Hua Hin for security reasons.
Mr Arin said that Vietnam, due to chair Asean after Thailand, would host the next Asean business council meeting late next year.
There would definitely be lost opportunities in terms of trade and investment talks from Thailand failing to hold this meeting, he said. Networking among Asean business leaders is also a key objective of the forum, he added.
While the economies of Asean members such as Indonesia are picking up and the global economy has stabilised, Thailand might miss the opportunity because of its unstable politics, he said.
Progress has not been made on Asean business leaders' proposals such as establishing Asean brands, forming an Asean joint-venture company to raise bargaining power in major agricultural products or setting up a credit financing scheme for small and medium-sized enterprises (SMEs), he said.
As the global economy remains fragile, offering financial assistance to SMEs is the most critical measure for the government to push forward, he said. In his view, all Asean leaders are aware of this issue. Asean aims to create the Asean Economic Community (AEC) six years from now but has made little progress on integration, he added.
Prawit: No more fight [among Thais] over Preah Vihear
Over 55,000 young women in Cambodia are trapped in sexual slavery
A means to an end
Monday, September 21 2009
Rachel Lamb, Asst. Life Editor
The Spectrum (Student's newspaper at the U. at Buffalo)
This is reality for over 55,000 young women in Cambodia that are trapped in sexual slavery. It is estimated that 35 percent of those girls are younger than 16 years old.
Vintage On Campus, a student Christian group, is trying to end sex trafficking in Cambodia. They are teaming with Agape International Missions, which has a station in Asia where sex trafficking is most prevalent.
On Sept. 16, VOC held an event in the Student Union to raise awareness and money to help stop human sex trafficking in Cambodia. Members of VOC also rocked on a giant seesaw for one-hour timeslots.
“The seesaw was mainly to catch people’s eyes and have them come over,” said Jay Perillo, VOC’s campus minister. “But we also wanted to get the message across that we were ‘tipping the scales of injustice.’”
Many students milled around the event last Wednesday, where there were plenty of brochures, pamphlets and literature to read about the event. VOC also offered Web sites, like Agape International Mission’s Web site, aim4asia.com, where people can make donations.
VOC also supplied orange bracelets, claiming that orange is the color of freedom. The group encouraged students to wear the color to show that they are a part of finding an end to sex trafficking.
“We need to do whatever we can to stop human trafficking,” Perillo said.
Along with the money raised by the VOC members and their sponsors, Perillo estimates that donations brought in over $1,000. All of the proceeds will go directly to AIM’s site to help rescue young girls who are sex slaves.
According to Perillo, AIM helps those who are enslaved by pulling them out of the alleys, educating them, and giving them food, shelter and safety in its Restoration Center in Cambodia. The program also provides therapy and spiritual guidance to the traumatized victims.
“[AIM] is a great organization and we want to help them in whatever way we can,” Perillo said.
According to its Web site, AIM has helped thousands of people and has opened over 600 churches in Cambodia since its inception in 1988 in California.
AIM also provides financial support, disaster relief, medical supplies and personnel.
The VOC is relatively new to UB. It was started in the spring 2009 semester. Dave Ashby, a UB alumnus and head of the set-up and teardown team, hopes that the VOC will make a difference with the sex trafficking in Cambodia.
“The VOC would like to eventually expand and do mission trips and raise more money,” Ashby said.
Ashby raised money and sat on the seesaw for an hour with a fellow member of the VOC.
“I wish I could have raised more, but I’m glad that I was able to help,” he said.
VOC would like to put together more events to help end sex trafficking not only in Cambodia, but also all over the world.
“I hope that VOC will expand over the next few years so that we can have more support on campus and so that we can raise more money for all the people that we want to help,” Ashby said.
Wednesday, September 16, 2009
War-weary Asian nations offer new treats for tourists
Decades of civil strife ended in 1998, and tourism is now one of the few sources of foreign exchange for Cambodia
In 1988 more than 700,000 tourists visited Kashmir, but the number declined sharply as the insurgency intensified
The first Bali bombings in 2002 cut foreign tourist arrivals to the island by 70%
Sri Lanka's visitors numbers had dropped as decades of war tormented the teardrop-shaped tropical island
By Mel Gunasekera (AFP)
MIRISSA, Sri Lanka — Tempting tourists back when the bombing stops is never easy, but war-weary Asian countries are planning new treats for travellers in a bid to cash in on a "peace dividend".
Governments are scrambling to replace images of conflict with offers of dream holidays, from whale-watching in Sri Lanka to leisurely treks in Nepal, meditation in Bali and golf in Cambodia.
Sri Lanka's golden beaches, along with tea plantations and ancient religious sites, had long attracted visitors -- but numbers dropped as decades of war tormented the teardrop-shaped tropical island.
When government forces claimed victory against Tamil Tiger separatist rebels in May, tourism chiefs set to work, launching a campaign entitled "Sri Lanka: Small Miracle", to polish its post-war image.
One of the new activities designed to sell the country as a diverse destination is whale watching, focused on the giant mammals frequenting the island's shores between December and April.
British marine biologist Charles Anderson says the numbers of blue and sperm whales and their proximity to shore make the island a natural lure for the growing numbers of eco-tourists.
"Sri Lanka has enormous potential to be a whale destination," said the Maldives-based Anderson, who has been studying Indian Ocean whales for 25 years.
Dileep Mudadeniya, Sri Lanka Tourism Promotion Bureau's managing director, estimates the promotional campaign will help raise tourist arrivals by at least 20 percent to 500,000 visitors in 2010.
"We have an image that has been challenged by war and travel advisories. Now the war is over. There is lot of interest in us and we will see an upswing by November," Mudadeniya told AFP.
Another country recently freed from the grip of conflict, Nepal, is also hoping that peace will bring back the tourists and is looking to tempt them with a new "Himalayan Trail" running the length of the country.
The number of tourists travelling to Nepal slumped during a 10-year civil war between the army and Maoist rebels which ended in 2006.
But last year a record 550,000 people visited the Himalayan state after foreign governments relaxed their travel warnings.
Tourism authorities say they hope to attract a million visitors by 2011 and are focusing on some of the less developed areas of the country, where few foreigners have ventured.
"We are banking on the peace dividend," said Aditya Baral, director of the Nepal Tourism Board.
"There are lots of unexplored areas in western and eastern Nepal and this time we are trying our best to encourage people to visit those areas where very few people have travelled."
One plan -- still in its early stages -- involves creating a "Himalayan Trail", taking trekkers to some of the remotest parts of the country.
The trail would link paths already used by local people to transport goods and livestock, and would take three months to complete -- with most visitors expected to walk it in stages.
Even intermittent violence can ruin a country's tourist trade, as the Indonesian resort island of Bali learnt to its cost after Islamic militant bomb attacks in 2002 and 2005 killed a total of some 220 people.
The first Bali bombings cut foreign tourist arrivals to the island by 70 percent -- and they took years to return.
Bali Tourism Board secretary general Anak Agung Suryawan Wiranatha said the island had marketed itself as a haven of peace to counter the negative consequences of the bombings.
"Now we promote Bali as a peaceful and spiritual destination. We promote yoga and meditation on the island," Wiranatha said.
"Now health tourism and spas are booming. They are the favorites of tourists from Japan and Korea."
But it is not easy to rebuild tourism in a country that has seen sustained violence, like Cambodia, where up to two million people died under the brutal Khmer Rouge regime in the 1970s.
Decades of civil strife ended in 1998, and tourism is now one of the few sources of foreign exchange for the impoverished southeast Asian nation.
Even though Cambodia now lures more than two million foreign visitors a year, most stay only briefly to see the ancient World Heritage-listed Angkor Wat temple complex.
"We need time to (change our image)," Ho Vandy, co-chair of Cambodia's tourism working group told AFP.
The government last year launched an international "Kingdom of Wonder" campaign promoting the country's beaches, eco-tourism and culture.
More than 20 islands have been designated for development, Vandy said, while a new airport in seaside Sihanoukville is expected to open later this year.
Other plans include a game park for well-heeled hunters in the remote jungle-covered northern Ratanakiri province and several luxury golf courses around the country.
Nothing illustrates the cost of violence and the value of peace in the Asian region quite as clearly as the contrasting situations in Pakistan's Swat valley and Indian Kashmir.
Tourists are returning to Kashmir, once described by a 17th-century visiting emperor as a "paradise on earth", as militant violence in the Muslim-majority region subsides to its lowest level since 1989.
In 1988 more than 700,000 tourists visited Kashmir, but the number declined sharply as the insurgency intensified. Now the tide appears to be turning again, with more than 380,000 visiting in the first seven months of 2009.
Not far away, Pakistan's Swat valley was the jewel of the country's tourism crown and known as the "Switzerland of Pakistan" -- until Taliban militants this year pushed into towns and villages in a bid to enforce sharia law.
It is not just Swat that has been hit by insurgents -- more than 2,000 people have been killed in Taliban-linked attacks across Pakistan in the last two years, scaring away all but the most intrepid foreign tourists.
Pakistan earned 16 billion rupees (200 million dollars) from 800,000 visitors in 2007. Fewer than 400,000 visitors came in 2008, bringing in just eight billion rupees, and the numbers are expected to be even lower this year.
"Terrorism has really affected us a great deal," Tourism Minister Ataur Rehman told AFP.
"We have started our endeavours to attract tourists from the world over as the situation in Swat and other areas is stable now and will enable us to again make them attractive tourist zones," he said.
But the World Economic Forum's Travel and Tourism Competitiveness Report 2009 put Pakistan at 113 out of 130 countries, and officials say there is a long way to go until Swat is returned to its former glory.
Until then, tourists are likely to turn to the countries that have already put their conflicts behind them, to sample the new temptations on offer.
Opposition leader Sam Rainsy called on the National Assembly to restitute the parliamentary immunity to MPs Mu Sochua and Ho Vann
Khmer Sthabna
Translated from Khmer by Socheata
On 10 September, Kampot SRP MP Mu Sochua unabashedly criticized the Cambodian government and the Cambodian parliament in front of US Congressmen, and she asked the US Congress to intervene with the Cambodian parliament to restitute her immunity back, as well as that of MP Ho Vann.
However, on 14 September, during the Prek Kdam bridge inauguration, Hun Sen said that those who tell lies about Cambodia, they will go to the lowest level of hell. Furthermore, those who live outside Cambodia, they can actually watch on the Cambodian TV showing the various achievements and they will not be fooled by these lies [KI-Media note: All the TV stations in Cambodia are controlled by the CPP].
Hun Xen said that these people should stop lying because they can go to hell, as this is the Pchum Ben season, and [after going to hell], they will never be able to return back.
Ou Virak, President of the Cambodian Center for Human Rights (CCHR), told reporters at the National Assembly building (15 September 2009) that, regarding defamation lawsuits, the court should not ask for a lifting of parliamentary immunity from MPs, and this action does not have a clear basis besides serving as an act of intimidation.
Ou Virak added that Mrs. Mu Sochua and Mr. Ho Vann must automatically receive their immunity back without having to wait for the restitution of their immunity by the National Assembly, even if their immunities have been lifted already by a request made by the court because tens of thousands of people voted for them, but unfortunately [with these defamation and disinformation lawsuits], these MPs lost their ability to fulfill their mandate as representatives of the people.
Sam Rainsy told reporters in front of the National Assembly (on 15 September 2009) that a large number of democrats demand for the restitution of the parliamentary immunity for these two SRP MPs, because MPs have the right to talk about any issue without having to face pressure or the lifting of their immunities. Sam Rainsy indicated: “Therefore, we demand for a restitution of the parliamentary immunity for the MPs who lost them.”
Sam Rainsy indicated that the CPP with 90 seats at the National Assembly can stir storms and thunders as much as they want.
Hun Sen used to say that the lifting of SRP MP Mu Sochua is as easy a peeling a banana, but its restitution is difficult because the opposition does not have the necessary votes to restitute it back. However, Hun Xen told the SRP to replace [Mrs. Mu Sochua] with someone else, then maybe this could receive support from the National Assembly.
Friday, September 11, 2009
Hun Xen's barking mouthpiece in Washington DC statement: Excuses, excuses, and more excuses
Wednesday, 09 September 2009
to the United States of America
(Regarding the Freedom of Expression in Cambodia)
1- Cambodia is a pluralistic democratic society, where democracy and human rights are fully guaranteed by its 1993 Constitution. The Cambodian Constitution recognizes the freedom of expression and other fundamental rights. Since 1993, Cambodia’s state of democracy and the overall human rights situation have continuously made significant progress.
2- At present, Cambodia has thousands of civil society organizations, as well as free press and trade unions which have been operating in the country. Out of that number, Cambodia has at least eleven foreign human rights organizations, including the National Democratic Institute (NDI) and the International Republican Institute (IRI), that are working mainly on human rights-related issues. Cambodia also has the Office of the UN High Commissioner for Human Rights and the regular visits by the UN Special Rapporteur on Human Rights.
3- Moreover, with regard to freedom of the press, Cambodia has almost 600 newspapers, journals and magazines, 40 radio stations, and seven television channels. If this is not enough, the people of Cambodia also have unobstructed access to all kinds of foreign media, such as the Voice of America (VOA) and Radio Free Asia, Cable News Network (CNN), just to name a few. Local media supporting or leaning to the opposition party are allowed a complete freedom to publish and thrive in the country. Some of the media have been critical of the government on a daily basis. The people of Cambodia, therefore, enjoy freedom of the press and freedom of expression.
4- With respect to the recent court verdicts regarding defamations and disinformation are in compliances with the law established by UNTAC, as provided in Article 61 on “Incitement to Discrimination,” Article 62 on “Disinformation,” and Article 63 on “Defamation and Libel.” The sentences handed down by the court are aimed at protecting the individual rights, as well as the security and stability of the country. Like any democratic country in the world, Cambodia cannot let the proliferation of voluntary public defamation and disinformation intended to create social disorder, which is detrimental to the well-being of the society and the dignity of all citizens.
5- In any democratic society, the rule of law is fundamental, particularly in ensuring that people’s dignity and honor are well respected and protected. Freedom of expression is not absolute and does not allow one person to defame another person. It also does not permit a campaign of disinformation to take place repeatedly.
6- In the face of this growing defamation and disinformation campaign to smear the reputation of the leaders, the Royal Government of Cambodia—like any other democratic governments—has the right to resort to justice and due process of law, such as in the cases of Mme. Mu Sochua’s defamation against Prime Minister Samdech Hun Sen and Hang Chakra’s engagement in the campaign of disinformation.
7- The recent verdicts by the Cambodian Court on both cases are in compliance with the existing laws in relation to those offences. The prevailing laws and regulations concerning defamation and disinformation exist worldwide, particularly in developed countries, in order to protect and guarantee the right to dignity and honor of everyone alike.
8- Therefore, democracy, respect for human rights and freedom of expression must be in compliance with the rule of law.
9- All of the facts above are a clear demonstration of Cambodia’s full commitment to the promotion, development and protection of human rights and other fundamental freedoms in the country.
10- With respect to land problems, Cambodia has a land law since 2001 aimed at determining the regime of ownership for immovable properties (land) and guaranteeing the rights of ownership of the land.
- The National Authority for the Resolution of Land Disputes (NARLD) was established in 2006 for the settlement of the land disputes.
- The RGC has put in place a “Social land concession policy” to provide to the landless and the poor people plots of land. Presently, approximatively 4000 hectares of land in Kratie province, 870 hectares in Kampong Cham province and 3017 hectares in Kampong Thom province have been provided to them for housing and family farming.
- But in Cambodia, there are people who occupied the side-work [KI-Media note: sidewalk?] and used some part of the street as a market place and illegally occupied public and private properties. There are also professional squatters who take illegal possession of state or private land, and then demand compensation before moving to occupy another public or private land.
- Here also, the RGC, on the one hand, has the obligation to secure social order, and, on the other hand, to provide land for people who are in genuine need.
Cambodians testify in US
Children from the Group 34 community, one of several affected by an increasingly bitter fight over land rights.
The Phnom Penh Post
Friday, 11 September 2009 15:03 James O'toole and Meas Sokchea
Witnesses attack government's human rights record at congressional hearing
HUMAN rights and freedom of expression are under grave threat in Cambodia today, a panel of Cambodian witnesses told representatives from the US Congress on Thursday at a hearing in Washington.
Sam Rainsy Party parliamentarian Mu Sochua, Licadho rights group president Kek Galabru and Community Legal Education Centre (CLEC) labour programme head Moeun Tola were invited to testify in front of the Tom Lantos Human Rights Commission, a congressional body that monitors human rights norms around the world. Copies of prepared remarks were obtained from all three by the Post.
Cambodian democracy is "experiencing an alarming free fall", Mu Sochua said, according to the testimony. Having refused to pay court-ordered compensation to Prime Minister Hun Sen in connection with her defamation conviction last month, Mu Sochua warned that she will be sent to prison in the absence of intervention by the US and other donor countries.
Moeun Tola's testimony focused on labour conditions in the Kingdom, which he said had deteriorated sharply in the last few years. He expressed concern for the security of union organisers in Cambodia, citing the murders of officials from the Free Trade Union of the Workers of the Kingdom of Cambodia including Chea Vichea, Ros Sovannareth and Hy Vuthy. Moeun Tola also criticised Cambodia's lack of a minimum wage, and said that in the only industry with such a standard in place - the garment industry - wages are "insufficient, especially in light of rising costs of food, health problems related to work and other necessities".
He called for the US to institute duty-free status for Cambodian textiles and to urge the Cambodian government to fully implement the 1997 Labour Law.
Kek Galabru highlighted the status of land and housing rights in Cambodia, noting that more than 250,000 people have been victims of land-grabbing since 2003 in the 13 provinces in which Licadho operates.
"Cambodia's increasing landlessness is a recipe for future economic and social instability," she said.
She also cited recent threats to freedom of expression, outlining several of the nine criminal complaints the government has filed against members of media, opposition and civil society organisations since April of this year.
In view of these developments, the Licadho president said that her organisation "believes that the country is facing the gravest threat to its democratic development since the 1997" factional fighting.
Mu Sochua echoed these criticisms, calling for visa sanctions on officials suspected of corruption and a suspension of US aid to the Ministry of Defence until a regulatory framework is established for mineral and petroleum concessions.
Govt denies repression
On Wednesday, the Cambodian Embassy in Washington released a statement defending its government's record on human rights, though it did not mention the congressional hearing specifically.
"Like any democratic country in the world, Cambodia cannot [allow] the proliferation of voluntary public defamation and disinformation intended to create social disorder," the statement said.
Koy Kuong, spokesman for the Ministry of Foreign Affairs, repeated his criticism that the hearing was "unfair" because no representatives of the Cambodian government were invited.
"The opposition groups have never said anything good about the government," he said Thursday. "Whenever there is good news, they ignore it."
Chea Vannath, an independent analyst and the former executive director of the Centre for Social Development, noted that the commission has no legislative authority in Congress, only the ability to make recommendations.
"In the political structure of the United States, it takes more than a hearing to change policy," she said. Still, she added, such events are important because of their "indirect effects", and their capacity to raise awareness of rights issues.
"This is an international mechanism to promote the rule of law, democracy and international standards," she said.
"I am one of the thousands of innocent journalists, trade union leaders, teachers and villagers who are tried by a judicial system that is well known for corruption, for incompetence and for acting under the control of the government and those who have political influence and money.... As the direct result of widespread corruption in the courts, Cambodian families find themselves in debt as bribes must be paid to court officials and to judges just to have access to justice or to be free from legal persecution."
- Mu Sochua, SRP parliamentarian
"The Cambodian authorities regularly use violence or the threat of it to restrict workers' rights to peacefully protest over legitimate labour rights issues. Peaceful gatherings outside factories by striking workers have repeatedly been forcibly dispersed by armed police in recent years. In the process, strike leaders and workers have been injured and may be unlawfully arrested. Local government authorities routinely reject requests for unions to march and rally in public areas."
- Moeun Tola, head of labour programme unit, CLEC
"Cambodia is currently facing a crisis in human rights, which constitutes a backward slide in the country's democratisation and efforts to promote good governance. The international community, including the United States, made a significant contribution to bringing peace and the concept of democracy to Cambodia in the early 1990s. Sadly, the hard-won steps which have been made toward pluralistic democracy, and toward economic and social development, are now in danger."
- Kek Galabru, president of Licadho
Work cut out for them
Evictions hit Cambodia's poor, group says
By Miranda Leitsinger
CNN
(CNN) -- Villagers march more than 300 kilometers from northwest Cambodia to ask the prime minister to save their homes from developers. Some 400 families in the country's south learn their farmland had been given to developers only when bulldozers arrive.
Such examples of forced evictions and land conflicts are cited by the Cambodian Human Rights Action Committee (CHRAC) in a report, "Losing Ground," released Thursday.
The report was a collection of voices from people rarely heard and "present a painful look into the lives of people affected by forced evictions and intimidation, mainly the rural poor," said CHRAC, a network of 21 non-governmental organizations.
"The voices in the report belong to Cambodians who have been or are facing eviction. Most have insisted that their names and photographs be used, believing that openness will bring justice and appropriate solutions," the group said, adding that such trust is "the springboard for the next stage of Cambodia's recovery from decades of civil strife."
An estimated 150,000 Cambodians live at risk of forced eviction, Amnesty International said in its 2008 report on the country. Read about AIDS patients who were resettled to an isolated area
Beng Hong Socheat Khemro, deputy director general of Cambodia's Ministry of Land Management, Urban Planning and Construction, said the government was committed to finding the best solutions for not just squatters, but the entire population, and that it is drafting legal guidelines on squatter resolution. He also said the government rejected the term forced evictions, saying that meant people were forced off land they legally owned.
He noted that various factors affect land use and ownership in the country: The 1970s ultra-Maoist Khmer Rouge regime abolished all legal and regulatory documents regarding land, strong economic growth has contributed to demand for land, particularly in urban areas, and the pace of urbanization has stepped up in recent years.
"Many people illegally occupy land that does not belong to them," he said, later noting: "What has happened now with the resettlement, or the relocation, of people is the fact that the government is implementing the law."
"I am very sure that those who claim to be on the land before the legal land owner, most of them do not have any proof at all," he said. "Most of the cases that people -- illegal squatters, settlers -- have claimed that they have been on that land since, let's say 1979, are not true. If you study the legal development of Cambodia, you will understand, and not many people understand, including the NGOs (non-governmental organizations) themselves."
Amnesty said poor Cambodians share the plight of many impoverished people around the world. The group cited the forced evictions of thousands in Angola, violence and insecurity in Brazil's shantytowns, and social services denied to Roma in Italy.
"There are more than 200,000 such communities, home to 1 billion people around the world," the group said.
"In Cambodia for the last two years, Amnesty International has been focusing on forced evictions as one of the country's most serious human rights violations today," Amnesty said in a statement on CHRAC's report. "The increasing number of land disputes, land confiscations, and industrial and urban redevelopment projects hurt almost exclusively people living in poverty."
People fighting evictions "experience harassment at the hands of the authorities or people hired by private businesses. The rich and powerful are increasingly abusing the criminal justice system to silence communities taking a stand against land concessions or other opaque business deals affecting the land they live on or cultivate," Amnesty said.
CHRAC said development of Cambodia, recovering from the Khmer Rouge genocide and ensuing decades of conflict, "must not negatively affect" people's lives.
"Our communities are losing land and natural resources. These are the resources that people have depended on for generations," CHRAC said.
The report details evictions across the country.
One group of villagers walked from the rice bowl of Battambang in the northwest to Phnom Penh to deliver a letter to Prime Minister Hun Sen, seeking help in two long-running court fights with businessmen who claim to own a total of 200 hectares of their land.
"We didn't have enough money to get the bus to Phnom Penh. We had to walk. It was our last hope. We had to see Hun Sen or we would lose our land," said Chim Sarom, 45.
They delivered their letter, but Sarom said they were unsure whether he ever got it. She said authorities gave them money to go home and were told an official would visit them.
Preah Vihear temple hostilities over : Thai and Khmer army chiefs
Thursday, September 10, 2009
Losing Ground - A report published by the Cambodian Human Rights Action Committee (CHRAC)
We, the villagers, sit in despair because we lost our lands and waters.
The Ly Yong Phat Company is the cursed thief, it robbed all our lands and waters.
With a good leadership, the people are rich and plentiful.
When the leadership is greedy, the people are destroyed and ruined.
[KI-Media note: CPP Tycoon-Senator Ly Yong Phat is a crony of Hun Xen]
Injured farmers were tied to poles after being shot and beaten on March 22, 2009 in a violent crackdown in Chi Kraeng commune, Siem Reap province
Former Rebel Leader ‘Won’t Go’ to Tribunal
Original report from Washington
10 September 2009
With further indictments at the UN-backed Khmer Rouge tribunal moving forward for five leaders of the regime, a likely suspect, Im Chaem, told VOA Khmer she will not go to the court if summoned.
Im Chaem, now 65, is well known to villagers as a Khmer Rouge district chief in Banteay Meanchey province. She is now a deputy commune chief in Anglong Veng district, the last of the 1990s Khmer Rouge strongholds.
“I absolutely will not go, because the charge is unacceptable, and even if I’m called to court, I will not go,” she told VOA Khmer by phone. Asked why she would refuse to cooperate with the court, she said she had “no faults” reason enough to go.
She said she was “relieved” to hear Prime Minister Hun Sen object to further indictments, following promises of amnesty to cadre in the waning days of the regime, which ultimately fought a losing battle with government forces led by today’s premier.
If new investigations are opened ‘just to prosecute without reason,’ it will unsettle former Khmer Rouge cadre, she said.
‘’If you challenge more, it makes everybody feel no peace,’’ Im Chaem told VOA Khmer.
In on-site interviews with VOA Khmer several months ago, villagers in Proneth Preah district said Im Chaem was feared in the region and had been in charge when a number of crimes were committed under the Khmer Rouge.
Im Chaem has denied any wrongdoing, saying people who were killed or went missing there did so before her arrival as chief in 1978.
However, Khmer Rouge scholars say she could be among a tier of the regime’s leaders to face indictments. The Pre-Trial Chamber have now allowed five indictment submissions from the prosecutors office to move to the investigating judges, despite warnings from Hun Sen and other Cambodian officials more arrests could lead to instability.
Knut Rosandhaug, a UN coordinator for the tribunal, told VOA Khmer in an e-mail “it is a clearly established international standard that courts do not seek approval or advice on their work from the executive branch.”
“I expect that the ECCC will comply with this internationally recognized standard and make its decisions independently,” he said, referring to the tribunal by its official initials, for the Extraordinary Chambers in the Courts of Cambodia.
The tribunal is currently trying its first Khmer Rouge suspect, the former prison chief known as Duch, and is holding four more: Nuon Chea, Khieu Samphan, Ieng Sary, and Ieng Thirith.
Pair of reports on land rights face cynicism
A man stands on the railway tracks near Boeung Kak lake in Phnom Penh last week. Plans to rebuild the lines have left residents in Tuol Kork and Daun Penh next in line for eviction. (Photo by: Sovan Philong)
Thursday, 10 September 2009
Robbie Corey-Boulet and Chhay Channyda
The Phnom Penh Post
"The strongest reason for the government to be concerned is the fact that this is the biggest issue that could undermine the ruling party" - Ou Virak, CCHR PresidentTWO new reports addressing land rights in Cambodia argue, as others have, that the pursuit of development has led to widespread rights violations, including forced, sometimes violent evictions.
But they also share a conciliatory message that emphasises the importance of government dialogue with affected communities and civil society.
That message has drawn scepticism from civil society and opposition figures, who on Wednesday said they doubted such an approach would amount to much in light of the government's tactics in recent land-dispute negotiations.
An overview of land disputes released today by the Cambodian Human Rights Action Committee (CHRAC), a coalition of NGOs, offers "a painful look into the lives of people affected by forced evictions and intimidation".
It then positions the coalition as "a bridge to support genuine and productive dialogue between communities and policymakers".
Similarly, a report to the UN Human Rights Council, released Monday, expresses concern over the "commonplace" evictions of families who had been living in their homes for years.
The report's author, Surya Subedi, a UN envoy on human rights in Cambodia, later adds: "This is an area where I will be happy to offer my advice and seek to foster cooperation in the search for long-term solutions to this painful issue."
In interviews Wednesday, observers said this faith in dialogue might be misplaced.
CHRAC Executive Secretary Suon Sareth acknowledged that several past attempts by affected residents and civil society to engage constructively with the government had failed.
He cited a case last month in which about 300 Cambodians involved in land disputes in 19 different provinces petitioned the Council of Ministers, the Ministry of Interior and the National Authority for the Resolution of Land Disputes.
The effort was an attempt to circumvent unresponsive provincial authorities, but Phnom Penh officials also failed to respond to the villagers' petition, Suon Sareth said.
"The complaints have been ignored," he said.
Interior Ministry spokesman Khieu Sopheak said Wednesday that all complaints were forwarded to the ministry's inspection department. He added, as did other officials, that the government was more than willing to engage with residents affected by land disputes.
"The ministry has always welcomed complaints from people about land cases," he said.
But Yim Sovann, spokesman for the opposition Sam Rainsy Party, said he believed threats and other forms of intimidation were often conveyed under the pretense of constructive dialogue, citing as examples meetings between officials and residents of the evicted Dey Krahorm and Group 78 communities.
"I get a lot of complaints from people who say they were forced to leave there, that they were forced to take compensation," he said. "Then the government tells the media, 'Oh, the people have agreed to leave, they have agreed to take the compensation.' There are threats and intimidation behind that."
Naly Pilorge, director of the rights group Licadho, also said officials' interactions with villagers involved in land disputes were often of little benefit to the villagers themselves.
"Information about the dire situation of people and abuses committed on people related to land are often dismissed despite credible evidence," she said.
For his part, Ou Virak, president of the Cambodian Centre for Human Rights, said the stated goal of the UN and CHRAC to foster more good-faith government engagement might not be unrealistic given that government officials want to keep donors happy and retain voter support.
"The strongest reason for the government to be concerned," he said, "is the fact that this is the biggest issue that could undermine the ruling party."
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