Saturday, January 22, 2011
Cambodia Should Rethink Its Plan For NGOs
The Cambodian government is considering plans to impose controls on the large number of foreign and domestic non-governmental organizations.
01-21-2011
Voice of America
Editorials
We urge Cambodian officials to reconsider whether such a measure is needed.
The Cambodian government is considering plans to impose controls on the large number of foreign and domestic non-governmental organizations that operate medical, educational, humanitarian, civil society and other programs in their country.
The law, as currently drafted and announced in December, would impose burdensome restrictions on civil society organizations, including requirements to register and report their activities every year, in addition to several other vague requirements for obtaining permission to continue their work. The Royal Government of Cambodia says the law is needed to increase transparency among the Southeast Asian nation's network of NGOs, and prevent terrorists and criminal gangs from using groups based in Cambodia as fronts for their operations.
The move is drawing mounting criticism from civil society representatives, who fear the law represents an effort by the government to control what their groups do for the Cambodian people and where they do it. Small community-based groups say compliance with the current draft law would be difficult and could threaten their very existence.
The United States shares these concerns, opposing any law that constrains the legitimate activities of NGOs. We urge Cambodian officials to reconsider whether such a measure is needed.
A strong and free civil society is vital to strengthening democratic institutions, enhancing economic and humanitarian well-being and promoting a sustainable economy. In Cambodia, as in many other countries, NGOs and other similar groups make important contributions in these areas. Government officials there have asked for input from civil society representatives about the draft law, and the United States urges the Royal Government of Cambodia to take their concerns very seriously as they move forward on the issue
Saturday, January 22, 2011
[Hun Xen's] Musketeers all for one
Saturday, January 22, 2011
Bangkok Post
Cambodia's Press and Quick Reaction Unit's key men Phay Siphan and Tith Sothea have joined fellow spokesman Koy Kuong in defending the interests of Cambodia and its premier Hun Sen.
Cambodia's so-called Three Musketeers have been very effective in their swift political responses to whoever picks a fight with their beloved leader.
The unit was established in June 2009 in a sub-decree signed by Hun Sen and comes under the supervision of veteran politician Sok An, minister of the council of ministers.
From the outset, the unit aimed to react to news or any information disseminated by national, international sources and critics that is deemed a threat to Cambodia, its government and its national identity.
The Three Musketeers are part of a modernised and restructured Cambodian administration with veteran politicians, diplomats and brothers-in-arms in place as advisers to the government.
The group includes younger-generation Cambodians and their faces have become familiar with both local and foreign media as they have been doing their jobs as quickly as their unit title suggests.
Phay Siphan, in his early 50s, was one of the ministry's so-called 16 secretaries of state. A former refugee boy at the Thai-Cambodian border, he holds dual Cambodian and American citizenship and has been serving the ruling Cambodian People's Party (CPP) for the past three decades.
Phay Siphan was an appointed senator under the CPP quota before the Cambodian senate became an elected one in 2006 thanks to his loyalty to the CPP. In 1979, he migrated to the US.
During his senate years, Phay Siphan and two other senators were sacked because of their opposition to a CPP-sponsored bill.
He was invited back from the US to become the unit's mouthpiece. Chhang Song, his senator colleague and also former information minister during the Lon Nol-led regime, was also invited to be an adviser to the Hun Sen administration.
Tith Sothea and Koy Kuong are 10 years younger than Phay Siphan. Like other spokesmen elsewhere, they have risen to the spotlight amid disputes and conflicts.
The unit's responses have been very timely in English and targeted the international audience. It has aimed its fire at the ultra-nationalist yellow shirt People's Alliance for Democracy (PAD) in Thailand and Cambodia's opposition leader Sam Rainsy.
The unit is well staffed to monitor hostility, verbal or otherwise, against the Cambodian leader and their country.
The unit has complained strongly to Google that its cyber maps grossly misrepresent Cambodia's long-contested border with Thailand.
It has also responded to any critical NGO reports such as those furnished by Freedom House and Human Rights Watch that rank Cambodia low for its human rights record.
Earlier, the unit lashed out at key PAD members such as ML Walvipa Charoonroj in May and Sondhi Limthongkul in August for what it said were their attempts to obstruct the two countries from reaching a resolution to their border conflict.
Saturday, January 22, 2011
26 Years of Oppression and Abuses
Barking
Southeast Asia dictators: Birds of the same feather flock together
The dictator and his henchmen (Photo: The Phnom Penh Post)
Hun Sen: 26 Years At The Helm
2011-01-21
Radio Free Asia (English)
Cambodia's rights record may worsen under continued rule, rights activists warn.
Cambodia's Prime Minister Hun Sen marked 26 years in power last week, winning praise from his party for bringing growth and slashing poverty but criticized by rights activists for stifling freedom, silencing the opposition, and fostering corruption.
The 59-year-old Hun Sen is the longest-serving leader in Southeast Asia after the Sultan of Brunei and has vowed to remain in power for another decade, with a vision to bolster the economy by boosting rice exports and the incomes of Cambodians who now largely rely on the garment and textile industry.
“If I am still alive, I will continue to stand as a candidate until I am 90,” he said in 2007. But two years later, he said he would be out by 2023.
Chea Sim, head of the ruling Cambodian People's Party, said it would continue to pick Hun Sen as the Prime Minister after the next general elections in 2013, which it is confident of sweeping.
He said that Hun Sen had brought peace to the country, once ruled by the fanatically communist Khmer Rouge which caused the deaths of an estimated 1.7 million people, and that he has maintained a democratic government based on the rule of law.
Other party officials said the prime minister has helped fuel economic growth, slashed poverty, and brought political stability.
Rights violations
But opposition leaders and rights groups say Hun Sen's continued rule will only worsen human rights violations and corruption and result in authoritarian rule.
"I think Hun Sen wants to consolidate power," said Brad Adams, executive director of New York-based Human Rights Watch's Asia Division.
"He wants to finish up his critics in Cambodia. He wants a one-party state even though he pretends to hold elections once every five years because he can manage and win them automatically."
Adams also accused Hun Sen of wanting "to control all Cambodia's resources, and he is changing Cambodia towards capitalism under dictatorship."
Cambodia was among 25 countries whose freedom levels plunged in 2010 amid an erosion of civil rights and political liberties, according to global watchdog Freedom House.
"Cambodia received a downward trend arrow due to the government’s consolidation of control over all aspects of the electoral process, its increased intimidation of civil society, and its apparent influence over the tribunal trying former members" of the genocidal Khmer Rouge regime, the group said in a report last week.
Transparency International, the Berlin-based monitoring group, said in a recent report that 43 percent of Cambodians polled said corruption had increased and 30 percent felt it had decreased, while 27 percent believed it was around the same.
Cambodia's judiciary was found to be the most corrupt sector in that country, it said.
Busting graft
But Hun Sen’s Office of the Council of Ministers said the authorities are moving forcefully to end graft.
“Cambodia now has an Anti-Corruption Law, and the Anti-Corruption Unit is actively and publicly pursuing cases of alleged corruption,” it said.
The Office of the Council of Ministers also dismissed criticism of Hun Sen’s long hold on power, citing former prime ministers Mahathir Mohamad and Lee Kuan Yew of neighboring countries Malaysia and Singapore respectively who were also at the helm for many years.
“This is a strange criticism indeed, for longevity in office is not typically held as a negative attribute,” it said in a statement. “But the prime minister is a relatively young man and in good health, and thus can be expected to contribute to the progress of the country for many years to come.”
Cambodia's main opposition party leader Sam Rainsy, Hun Sen's arch-rival, is living in exile after fleeing the country in 2009 fearing what he called politically motivated charges.
He was convicted in absentia in September last year and sentenced to 10 years in prison for a politically sensitive comment about a border dispute with Vietnam, cited by critics as an example of the government's intimidation of its opponents.
The lawsuit was filed after Sam Rainsy questioned whether the border had been incorrectly marked by the government to Cambodia's disadvantage.
Earlier, a year ago, a court sentenced Sam Rainsy to two years in prison for a political protest in which border markers were uprooted along the frontier with Vietnam. He led the protest to dramatize his claim that Vietnam is encroaching on Cambodian territory, an issue he often raises to garner public support.
Sam Rainsy had accused the court of being a political instrument, saying that "Everybody ... rightly says that the judiciary in this country is everything but independent, being only a political tool for the authoritarian ruling party to silence any critical voices."
Opposition out of touch?
With the opposition leader out of the country, the movement’s future appears bleak. Some civil society groups say that Rainsy's party has lost touch with its original pro-democracy platform, focusing instead on emotional nationalistic disputes with the ruling party.
Hun Sen, once a member of the ultra-leftist Khmer Rouge, later turned on the them and joined Vietnamese forces which defeated the Khmer Rouge in 1979. The Vietnamese communists installed a new Cambodian government that year, and in January 14, 1985, Hun Sen was made prime minister
He is sympathetic to Hanoi, while part of Sam Rainsy's support comes from appealing to traditional anti-Vietnamese sentiment among Cambodians who do not trust their much larger neighbor.
Yim Sovann, Sam Rainsy's spokesperson, said Cambodia might have achieved development under Hun Sen but that many issues remain unresolved.
The country is debt-laden and lives on foreign donor funds of 500 million dollars annually, Yim Sovann said.
Margo Picken, once a director of the U.N.'s Office of the High Commissioner for Human Rights in Cambodia, said Hun Sen and his officials hold absolute power and seize control of any institution that challenges that power.
While Hun Sen has moved to boost growth and reduce poverty, his circle has exploited the country's natural resources, pocketed financial gains and disregarded human rights, Picken said.
Concerns have focused, too, on Hun Sen's bid to curtail the activities of nongovernmental organizations.
The U.S. State Department last week cited a new law that "would constrain the legitimate activities of NGOs," and urged Hun Sen's government to hold talks with these groups and to "reconsider whether such a measure is even necessary."
Rights groups in December also voiced alarm as Cambodia began to introduce laws making it a crime to criticize judges or to hurt the feelings of public officials.
China's influence
Meanwhile, Cambodia has come under increasing influence by China, its top investor. Hun Sen was in Beijing last month, signing 13 agreements in areas including hydroelectric power, port facilities, and financial loans.
More than a year ago, Cambodia deported a group of 20 Uyghur Muslim asylum-seekers back to China despite protests from the United States and the U.N.
The Chinese played an important role as counterweight to Vietnamese influence during the 1970s and 1980s, but U.S. Secretary of State Hillary Clinton warned during a recent visit that Cambodia should not become "too dependent" on Beijing.
Hun Sen has also been accused of nepotism, charges flatly dismissed by the prime minister. His 33-year-old son, Hun Manet, was promoted to a two-star general earlier this month amid speculation the young man is being groomed to succeed his father.
Hun Manet is already chief of the ministry of defense's anti-terrorism unit as well as deputy commander of Hun Sen's personal bodyguard unit.
Hun Sen hit back at the nepotism charges, saying that his son, who graduated from West Point and has a doctorate in economics at Britain's University of Bristol, is well-qualified for his roles.
"He joined the army in 1994. He has been in the army for 16 years, and there is promotion within the army ranks," Hun Sen said in a speech broadcast on national radio.
But Chea Vannath, a Cambodian independent political analyst, was quoted saying this week that Hun Manet's latest appointment was to “prepare for a smooth succession.”
A key factor for the “rapid rise in the ranks of General Hun is due, in part, to the fact that he is a graduate of the U.S. Military Academy at West Point, one of the most prestigious schools in the world,” said the Office of the Council of Ministers.
“He is representative of a younger generation of Cambodians, who enjoy the benefits of international education.”
Saturday, January 22, 2011
On the suspension of the jail sentence for the 5 Thai border trespassers
Saturday, January 22, 2011
Opinion by DL
I just read the subject article (Thai five sentenced to jail, then freed) on Bangkok Post, and I wish our Court had handled the case differently. It was a fair ruling when the Court sentenced the five Thais to nine months in prison, but then why suspended the remaining eight-month jail term? It is understandable that the Court has to take into consideration the fragile political environment in Thailand, but the outright suspension of the remaining jail term probably does more harm than good to both countries, Cambodia and Thailand. It creates a negative perception among our people that our Court is too “soft” or lenient when dealing with foreigners. It also sends a wrong message to Thai ultra-nationalists that they can violate our sovereignty and get away with it. The Court should have ruled that the five Thais must serve the nine month jail term, but grant them the possibility to serve the remaining term in Thai jails if Thai government can guarantee that these convicted will remain behind bars till the end of their jail term.
Have a great week-end,
Saturday, January 22, 2011
[Cambodian] Court frees Panich, 4 others [-Did the Thai court ever do that for Khmers?]
Jail terms suspended in surprise ruling
22/01/2011
Bangkok Post
Five of the seven Thais charged with trespassing on Cambodian territory have been freed after the Phnom Penh Municipal Court gave each of them a suspended jail term.
The three-member judge panel yesterday found each of the five Thais _ Panich Vikitsreth, Narumol Chitwaratana, Samdin Lertbutr, Tainae Mungmajon, and Kojpollathorn Chusanasevi _ guilty on two counts of trespassing on Cambodian territory and illegal entry into a military area.
The judges said the five had entered Cambodia deliberately and sentenced them to nine months' imprisonment and a fine of one million riel (around 7,590 baht) each.
However, as the Thais had already served almost one month in Prey Sar prison, the court decided to suspend the remaining eight months.
The seven Thais were arrested on Dec 29 as they investigated claims by Thai residents living along a disputed part of the border that Cambodian military officers would not allow them to enter the areas where their homes were located.
The five Thais are now free to go home, but they will have to serve their jail terms if they enter Cambodia illegally again, the court said.
Upon leaving court to travel to the Thai embassy in Phnom Penh, Mr Panich, who wore a blue cap with the Asean logo, said that the whole affair showed ``the spirit of Asean''.
``I would like to thank all concerned parties. [The verdict] is a good sign for the Asean community and shows the Cambodian court has mercy,'' he said.
The verdict date was moved forward from the original schedule of Feb 1 to yesterday after the five Thais petitioned the court to speed up the proceedings.
The court read out the verdict at 7.35pm after a five-hour hearing.
The five Thais testified that they had no intention of trespassing on Cambodian soil and did not realise that they had done so.
Mr Panich told the court that the group met a villager, but did not talk, so he did not know that he was already inside Cambodia.
The Democrat MP also denied recording or taking photos of the area. He said he only had a mobile phone without a built-in camera.
A verdict has not yet been passed on the cases of Veera Somkwamkid, a Thai Patriots Network coordinator, and his secretary, Ratree Pipatanapaiboon.
Mr Veera and Ms Ratree face allegations that they spied on Cambodian military affairs and have been charged with espionage.
Mr Veera has been denied bail and remains at Prey Sar prison.
Ms Ratree was granted bail and is staying at the Thai embassy.
Chavanond Intarakomalyasut, secretary to the Thai foreign minister, said the five Thais are expected to return home today(saturday).
Mr Chavanond will fly to Phnom Penh to meet them.
``We will try to bring them home as soon as possible,'' he said, adding that the verdict was good news and that the ministry would continue to help Mr Veera and Ms Ratree as best as it can.
Mr Chavanond said the verdict for the two is likely to be handed down on Feb 1.
Mr Panich's mother, ML Sompongvadee Vikitsreth, said she was glad the case was finally over and that she could see her son soon.
Mr Panich talked to his mother on the phone after the verdict.
Soonthorn Rakrong, coordinator of the Thai Patriots Network, congratulated the five Thais on being granted their freedom.
``However, it would be better if Mr Veera and Ms Ratree had been released too,'' he said.
The network has been staging a rally at Government House since Sunday to pressure the Abhisit Vejjajiva government to do more to help the seven Thais.
The group will announce their next move after the release of the Thais today(saturday).
Meanwhile, People's Alliance for Democracy spokesman Panthep Phuaphongphan said his group will continue with its plan to hold a mass rally on Tuesday to persuade the government to revoke the memorandum of understanding signed in 2000 between Thailand and Cambodia, which they say is disadvantageous to the country.
They also want the government to force Cambodian people out of every disputed area and are requesting Thailand withdraws its membership of the Unesco's World Heritage Committee.
Saturday, January 22, 2011
Defense Seeks Release of Nuon Chea, Khieu Samphan [... only if they can bring those who were killed by the KR back to life?]
Former Khmer Rouge leaders Khieu Samphan, left, and Nuon Chea, right, look on during the funeral for Khieu Ponnary, the first wife of Khmer Rouge leader Pol Pot, in 2003. (Photo: AP)
Sok Khemara, VOA Khmer
Washington, DC Friday, 21 January 2011
" ...any detention beyond Jan. 15 is unlawful."
Defense lawyers for Nuon Chea and Khieu Samphan have launched separate complaints to the Khmer Rouge tribunal, claiming their clients have been detained beyond legal limitations as they await trial.
The defense teams say continued detention of the two senior Khmer Rouge leaders is a breach of the internal rules of the UN-backed court.
Son Arun, a defense lawyer for Nuon Chea, the regime’s chief ideologue and “Brother No. 2,” said Internal Rule No. 68 requires a hearing within four months of the closing order by investigating judges.
That date, Jan. 15 in both cases, has passed, he said, making Nuon Chea’s continued detention “an abuse of him by the law.”
Nuon Chea and Khieu Samphan are to stand trial along with Ieng Sary, the former foreign minister of the regime, and Ieng Thirith, his wife, former social affairs minister. They are charged with atrocity crimes, including genocide, with a trial expected later this year.
Sar Savann, defense lawyer for Khieu Samphan, the nominal head of the regime, said any detention beyond Jan. 15 is unlawful. Khieu Samphan should immediately be released, he said.
Tribunal spokesman Reach Sambath confirmed that the court had received the complaints and would make a legal decision accordingly. Experts say the internal rules on the matter have some room for interpretation.
Friday, January 21, 2011
Lawyers appeal to Cambodian Supreme Court to free Veera
January 21, 2011
The Nation
Cambodian lawyers submitted another appeal yesterday to the Supreme Court to free on bail Thai nationalist activist Veera Somkwamkid - the only one of seven Thai nationals being held in jail for allegedly entering the country illegally.
The appeal court earlier rejected Veera's bail request on the grounds he might hurt public order and would not be safe if freed from jail.
The Supreme Court will take five days to consider the new request, Thai foreign minister's secretary Chavanond Intarakomalyasut said.
Veera and the other six Thais - including Democrat lawmaker Panich Vikitsreth - were arrested near Sa Kaew province's Ban Nong Chan while inspecting the disputed border area on December 29.
They were charged with illegal entry and unlawfully entering a military zone, charges that could bring them combined prison sentences of 18 months.
Six were freed on bail but had to stay in Cambodia awaiting the trial, which was set for February 1.
Veera and his aide Ratree Pipatanapaiboon were additionally charged with espionage for allegedly collecting information that could harm Cambodia's security. They could face a maximum 10 years' jail if convicted.
Unlike Ratree, who was temporarily freed on bail despite facing the same charge, Veera insisted he was arrested in territory under Thai sovereignty and did not come under Cambodian court jurisdiction. He refused to cooperate with the court in the prosecution and would not accept a translator provided by the court, requesting a new one from the Thai Embassy in Phnom Penh.
The Thai government was unable to intervene in the case and will not oppose the Cambodian judicial system's work until proceedings end.
A speedy trial was the only option the Thai government had requested from the Cambodian authorities, Chavanond said.
Prime Minister Abhisit Vejjajiva called a meeting with officials, including Foreign Minister Kasit Piromya and Defence Minister Prawit Wongsuwan, to seek solutions to help the seven Thais.
Abhisit asked the two ministers to find channels to help bring back all the Thai nationals quickly and safely, Chavanond said after the meeting.
The Thai government is under pressure from Veera's group, the Thai Patriots Network, which has been protesting in front of Government House demanding that officials take a tough stance on the Thais' release. They also demanded that senior officials - including Abhisit and Kasit - step down for their failure to help the seven Thais.
Friday, January 21, 2011
Thai five sentenced to jail, then freed
Samdin Lertbutr (centred) and Tainae Mungmajon (right) arrive at the Phnom Penh Municipal Court on Jan 21, 2011.
21/01/2011
Bangkok Post
A Cambodian Court has ruled that five Thais intentionally entered Cambodia without permission.
They were sentenced to nine months in prison and a fine of 1,000,000 riel (about 10,000 baht).
Since the five have served one month in prison already, the court suspended the remaining eight-month jail term. The five Thais are now free to return home.
The five Thais released today are Democrat Party MP Panich Vikitsreth, Samdin Lertbutr, Tainae Mungmajon, Naruemol Chitvarattana and Kojpollathorn Chusanasevi.
The other two Thais still in custody are yellow-shirt activist Veera Somkwamkid and and his secretary Ratree Pipatanapaiboon. They face additional charges of spying. The Thai Foreign Ministry has said it will continue to provide help for them.
Upon leaving the courthouse, Mr Panich - who wore a blue cap with an Asean logo - said only that everything is for the spirit of Asean.
The seven Thais were arrested and charged with illegally entering Cambodia on Dec 29.
Dozens of police surrounded the Phnom Penh Municipal Court and nearby streets for the hearing, which started at 2pm.
Mr Panich was first to testify, followed by the four others.
The hearing ended about 5pm.
The five gave similar terstimony, that they had no intention to trespass on the Cambodian soil. They said they did not know it was a restricted area because they could not read the signboards, which are written in Cambodian.
Mr Panich said he did not take pictures or video images of the area because he had with him only a mobile telephone.
He said he met a villager on the way but did not talk to him, so he did not know he was already in Cambodian territory.
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