Cambodia rejects Thai demands over temple troops

Cambodian soldiers gather in a military camp in Banteay Ampil district of Oddar Meanchey province, Cambodia (AP Photo/Xinhua, Sovannara)

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Posted: 06 May 2011

JAKARTA: Cambodian Foreign Minister Hor Namhong on Friday rejected a Thai demand to withdraw troops from an 11th-century Khmer temple at the disputed border, saying Bangkok was not sincere about peace.

"We never can withdraw our troops from our own territory. That should be very clear," Hor Namhong told reporters after a meeting in Jakarta with Indonesian Foreign Minister Marty Natalegawa.

The Indonesians are trying to broker a ceasefire and the deployment of neutral military observers to the flashpoint area on the Thai-Cambodia border where some 18 people have died in fighting in recent months.

The issue is likely to be discussed at a summit of Association of Southeast Asian Nations (ASEAN) leaders in Jakarta starting on Saturday.

Both countries have accused each other of sparking the violence, which centres on territory surrounding the 11th century Preah Vihear temple, the most celebrated example of ancient Khmer architecture outside Cambodia's Angkor.

The World Court ruled in 1962 that the temple belonged to Cambodia but both countries claim ownership of a 4.6 square kilometre (1.8 square mile) surrounding area.

The temple was granted UN World Heritage status in 2008.

Cambodia has previously denied it has troops stationed at Preah Vihear itself, although it has soldiers in the contested area.

The neighbours agreed in late February to allow Indonesian observers near Preah Vihear, but Thailand has been dragging its heals on their deployment as fighting continues.

"The problem is the willingness of Thailand to accept the observers or not, that is the real problem," Hor Namhong said.

Indonesia holds the current chair of ASEAN and has been trying to use its position to broker an end to the hostilities, which are undermining ASEAN's ambitions to create a closely integrated community by 2015.

Natalegawa said Cambodia had agreed to the terms of the observer mission but Thailand was insisting on the withdrawal of Cambodia's troops from the temple.

"We're ready (to send observers) but Thailand is saying that before the deployment of observers can be made, they require the redeployment of Cambodian troops out of the temple," he said.

"This issue is not governed in the terms of reference. It's outside the terms of reference proper. This is where we are now."

UN Secretary-General Ban Ki-moon has called for a ceasefire and said the neighbours should launch "serious dialogue" to resolve the dispute, which temporarily displaced about 85,000 people.

- AFP/cc

Asian Trails: No change to tours in Thailand and Cambodia

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Friday, 06 May 2011

Bangkok-based Asian Trails has issued a press release saying that the conflict along the Thailand-Cambodia border has not affected its itineraries so far.

In a joint statement, Asian Trails Thailand managing director Roger Haumueller and Asian Trails Cambodia managing director Jacques Guichadut said: “We would like to point out that the itineraries of Asian Trails in Thailand and in Cambodia do not pass by, (are) not even nearby, these fighting areas. No amendments to any of our tours and itineraries are necessary. Please note that the Angkor temples in Cambodia are located some 230 kilometers south-west of the disputed area.”

Major news outlets have reported that the conflict along the border of the two countries has resulted in at least 12 dead and thousands being evacuated.

The tension concerns the Ta Krabei and Ta Muan temples, about 47km west of the O’Smach Border Pass between Thailand and Cambodia, and about 250km west of the disputed Khao Prah Viharn/Preah Vihear Temple.

According to Asian Trails, scheduled flights between Thailand and Cambodia “operate as normal and the border crossing at Aranyaprathet/Poipet is also open without any restrictions.” (TTG Asia)

Cambodia must pull out first, insists Abhisit

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By The Nation

Published on May 6, 2011

Indonesian observers will be allowed if Phnom Penh troops, citizens retreat

Thailand is throwing the ball back at Indonesia and Cambodia over the plan to deploy Indonesian observers in the disputed border area by making it a precondition that Cambodia pull out its troops and civilians first.

"I don't know if Cambodia will agree to this," Prime Minister Abhisit Vejjajiva said yesterday, "But Indonesia should raise and discuss this issue with Cambodia".

Earlier, Thailand was blamed for dragging its feet in the planned deployment.

Abhisit yesterday said his government would not sign any document to give the green light for the Indonesian observers to come in for as long as the Cambodia did not agree to move its troops and citizens out of the 4.6squarekilometre overlapping area along Thai - Cambodian borderline.

Abhisit said by allowing its people and soldiers to stay in the overlapping area, Cambodia had violated an important Memorandum of Understanding between the two countries.

The Thai premier added that progresses from Indonesia's talks with Thailand and its talks with Cambodia would determine whether he would discuss the issue at the Asean meetings this weekend.

Abhisit is scheduled to fly to Indonesia this evening to attend the Asean Summit.

According to him, Thailand in fact has no objection against the proposed terms of reference (TOR) for the deployment of Indonesian observers.

Indonesia, the current chair of Asean, has been trying to mediate in the border dispute between Cambodia and Thailand. Indonesian Foreign Minister Marty Natalegawa said he would meet with his Thai and Cambodian counterparts in Jakarta today to discuss on the ToR on the sidelines of the Asean meetings.

Border clashes between Thailand and Cambodia erupted in the overlapping area near the Preah Vihear Temple last month with casualties reported on both sides. To the two countries, the ancient Hindu temple has been a thorny issue.

Thailand has long maintained that although the International Court of Justice (ICJ) ruled in 1962 that the Preah Vihear Temple belongs to Cambodia, the ruling does not say its sprawling complex is on the Cambodian soil too.

Thailand was apparently upset when Cambodia unilaterally asked the the United Nations Educational Scientific and Cultural Organisation (Unesco) to inscribe the Preah Vihear Temple as a worldheritage on its soil a few years ago. Thailand has also strongly opposed to Cambodia's management plan of the Preah Vihear Temple and its sprawling complex.

Last month, Cambodia went to ICJ asking it to clarify its 1962 ruling. The move prompted the Thai government to quickly form a legal team to handle the issue.

Foreign Minister Kasit Piromya went to Europe earlier this week to consult foreign legal experts in preparations for the case.

Thai PM insists Cambodian troops leave border before Indonesian observers arrive

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BY: BNO News

BANGKOK, THAILAND (BNO NEWS) -- As Thai-Cambodia border clashes continue, Thai Prime Minister Abhisit Vejjajiva on Thursday insisted Cambodian troops leave the 4.6-square-kilometer disputed border area before Indonesian observers arrive.

According to the Bangkok Post, Vejjajiva said the deployment of Indonesian observers has been cleared, but the presence of Cambodian troops and citizens is a breach of the Memorandum of Understanding (MoU) signed by both countries in 2000.

Indonesia has remained open to mediating the conflict, as it chairs the Association of Southeast Asian Nations (ASEAN), which is set to hold its 18th Summit this weekend, where Thai and Cambodian leaders are expected to meet.

While Thailand's 2nd Army spokesman Prawit Hookaew said border tensions had decreased during the past two days, Vejjajiva said the situation's development between the two countries would depend on the progress of talks between Thailand and Indonesia and between Cambodia and Indonesia.

On Wednesday, the Thai-Cambodian border reopened after local military leaders of both countries held another round of ceasefire talks. Thai 2nd Army commander Lt. Gen. Tawatchai Samutsakhon and Lt. Gen. Chea Mon, the 4th Army Region chief of Cambodia, reportedly agreed during talks that if there was a clash then the unit commanders of the two sides must immediately contact each other to stop it and prevent it from recurring.

Both checkpoints had been closed for 13 days, halting cross-border trade and leaving Thai and Cambodian traders without an income.

Since April 22, fighting has resulted in the death of at least 17 people, including one Thai civilian. In addition, reports indicate that almost 100,000 civilians have been forced to evacuate their villages.

Last week, both military leaders also agreed verbally to a ceasefire, but less than one day after the agreement, a Thai soldier was killed as clashes erupted shortly after.

Both Cambodia and Thailand claim the 4.6 square kilometer area near the ancient Preah Vihear temple on their shared border, which has never been formally established. Cambodia requested Indonesian observers to mediate in the conflict but Thailand denied.

Tensions first escalated between the two countries in July 2008 following the build-up of military forces near the 900-year-old Preah Vihear temple. The United Nations Security Council urged both sides to establish a permanent ceasefire after at least 10 people were killed.

Clashes resumed in February as both nations claim the lands surrounding the ancient Hindu Temple, which has been damaged due to the conflict. The Preah Vihear temple dates back to the 11th century and is located on the Cambodian side of the border.

NGOs call for observers, and end to hostilities

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Published: 6/05/2011 at 12:00 AM

Newspaper section: News

JAKARTA : Thai and Cambodian non-government organisations have jointly called for a ceasefire between the two countries and urged Asean to quickly deploy observers in the disputed border area.

Suntaree Saeng-ging, secretary general of the Thai NGO Coordinating Committee, and Thun Saray, president of the Cambodian Human Rights and Development Association, announced the joint statement, which was signed by some 40 organisations from both countries. They also called on Asean to pay more attention to the plight of displaced people from both countries and to settle the conflict through negotiations.

The current border conflict has forced villagers, especially women and children, to abandon their homes and threatened to prolong the sporadic episodes of violence that started in February. Because soldiers from both sides continue exchanging artillery and small arms fire, it was crucial for Asean leaders to play a leading role in ending the conflict, the two activists said.

Thai and Cambodian NGO representatives attending the Asean Civil Society Conference and Asean People Forum, which are running parallel to the Asean summit here, met with the press to air ideas on how to end the border conflict and on ways the two countries might cooperate.

Participants at the events, organised by the People's Empowerment Foundation, noted that the media should go beyond simply regurgitating the official line of their governments and pay more attention to the suffering of the displaced border villagers.

Pa Nguon Teang, executive director of Radio Voice of Democracy, said it was important to have an independent mechanism for disseminating objective information about the conflict.

Like Thai politicians, Cambodian politicians are exploiting the border conflict for their own political gains, Mr Pa Nguon said.

It will take time for the two countries to keep their politicians from using the border conflict to stir up nationalistic sentiment and to reduce the animosity between the people of the two countries, he said.

Visit Duangkaew, a villager from Phum Srol village in Si Sa Ket's Kantaralak district who participated in a workshop on the sidelines of the Asean People Forum, said border communities did not know who was benefitting from the war.

The fighting has damaged property and made villagers fear for their lives, he said.

The villagers understand that Preah Vihear temple belonged to Cambodia and that the Thai government was insisting that Thailand owned the 4.6-square-km of land around it.

This conflict should be settled through political means and not by force, he said.

Mr Visit said most of the villagers believed the border problem would end once Thailand has a new government.

Meanwhile, the Southeast Asia Women's Caucus on Asean has appealed to regional leaders to urgently provide humanitarian assistance to the displaced villagers along the Thai-Cambodian border.

The letter signed by female NGO representatives from Vietnam, Indonesia and Cambodia will be delivered to Indonesia, the Asean chair, this weekend.

PM sets conditions for observers

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Says Cambodian troops, villagers must leave area

Published: 6/05/2011

Newspaper section: News

Cambodian troops and villagers must leave the 4.6-square-kilometre disputed border area before Indonesian observers can be deployed, Prime Minister Abhisit Vejjajiva insists.

He was speaking the day before his planned trip today to attend the Asean Summit in Jakarta in which his Cambodian counterpart Hun Sen is also participating. But Mr Abhisit has already said there were no plans to meet Hun Sen.

The bloody border fighting between Thailand and Cambodia looks set to be among the issues dominating the Asean Summit this weekend.

Mr Abhisit said the documents for the deployment of Indonesian observers pose no problem but the presence of Cambodian troops and citizens is a breach of the Memorandum of Understanding (MoU) signed by both countries in 2000.

At the last meeting on May 3, the cabinet agreed to the planned deployment of Indonesian observers along the Thai-Cambodian border near the Preah Vihear temple _ but on the condition Cambodia adheres to the MoU by withdrawing its troops from the area.

Mr Abhisit said he had no idea if Phnom Penh would agree to this but it was the duty of Indonesia to coordinate with the Cambodian government about the matter.

In the wake of the sporadic border clashes, Indonesia, in its capacity as chair of the Association of Southeast Asian Nations (Asean), offered to broker talks between the two countries and deploy observers.

Mr Abhisit said it would depend on the progress of talks between Thailand and Indonesia and between Cambodia and Indonesia if the issue would be brought up at the Asean Summit.

According to Mr Abhisit, the Thai foreign minister will reaffirm that Thailand has not initiated any violence and will give its full cooperation to efforts to resolve the border row amicably.

Foreign Minister Kasit Piromya will meet his Indonesian counterpart Marty Natalegawa, who serves as Asean chair, on the sidelines of the Asean Summit, and then see his Cambodian counterpart Hor Namhong separately.

Mr Abhisit also played down speculation that Cambodia's latest move to involve the International Court of Justice (ICJ) in the conflict would put Thailand at a disadvantage.

Cambodia has asked the ICJ for an interpretation of its 1962 ruling on the Preah Vihear temple.

Mr Abhisit said he would rather not discuss the issue due to its sensitivity. He added there are legal aspects Thailand can contest in court against the Cambodian move.

He also said the ICJ's hearing of the Cambodian complaint presented a chance for Thailand to show that each of the clashes had been planned by Cambodia and it was a calculated move to internationalise the border conflict.

The premier, however, urged people to refrain from speculating on the outcome of the case at the ICJ as this could backfire.

"Given the situation, I want everyone to stay undivided. I have said it before we shouldn't say things that will harm us later. We should stay united to protect the national interest," he said.

Meanwhile, 2nd Army spokesman Prawit Hookaew said the border tensions have eased and there have been no clashes over the past two days.

He said the fighting has stopped because field commanders on both sides have communicated with each other. Thai and Cambodian troops have maintained their positions but they are less tense.

Col Prawit said the reopening of Chong Jom border pass in Surin's Kap Choeng district was a result of discussions between 2nd Army commander Lt Gen Thawatchai Samutsakhon and the Surin governor.

Trade at the Chong Jom border pass was light the second day after the border reopened with only a fifth of stores open for business.

Soldiers from the 2nd Cavalry Division gather in the division’s compound in Sanam Pao in Bangkok to show their combat readiness. - CHANAT KATANYU

Angelina Jolie Shoots Louis Vuitton Campaign in Cambodia

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Written by sasha on May-6-11

Actress Angelina Jolie arrives at the 68th Annual Golden Globe Awards held at The Beverly Hilton hotel on January 16, 2011 in Beverly Hills, California. (Getty Images)

It's official, Angelina Jolie is the new face of Louis Vuitton. She's been spotted in Cambodia shooting with Annie Leibovitz. The ads are for the brand's Core Values campaign and Angelina was reportedly paid $10-million for a series of print ads.

The reason for choosing Cambodia is clear. Angelina's first son Maddox was adopted from there and the location is near and dear to her heart. However, unlike other philanthropic engagements, this one is promoting a luxury lifestyle inaccessible to majority of the people who live in the country.

What do you think, will using Cambodia as a backdrop for a high end campaign be a positive promotion?

Vietnam troops 'use force' at rare Hmong protest

Hmong hilltribe women sit making clothes with manual sewing machines in front of their house in the northwestern mountainous province of Dien Bien, Vietnam, in 2007. Vietnamese soldiers clashed with ethnic Hmong after thousands staged a rare protest in the province of Dien Bien area calling for greater autonomy and religious freedom, a military source said Thursday.(AFP/File/Hoang Dinh Nam)  

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by Ian Timberlake  – Thu May 5

HANOI (AFP) – Vietnamese soldiers clashed with ethnic Hmong after thousands staged a rare protest in a remote mountain area calling for greater autonomy and religious freedom, a military source said Thursday.

The Vietnamese army sent troop reinforcements after the demonstrations broke out several days ago in Dien Bien province in the far northwest of the communist nation, near the border with China and Laos.

Soldiers "had to disperse the crowd by force", according to the military source, who did not provide details of any casualties or the number of troops involved.

"Minor clashes occurred between the Hmong and security forces," he added.

Protesters numbered in their thousands and "the army had to intervene to prevent these troubles from spreading", the source said.

It is Vietnam's worst known case of ethnic unrest since protests in 2001 and 2004 in the Central Highlands by the Montagnards. About 1,700 of them fled to Cambodia after troops crushed protests against land confiscation and religious persecution.

In a statement citing Le Thanh Do, a senior provincial official, the Ministry of Foreign Affairs said Hmong had gathered since early May and camped in unsanitary conditions believing that a "supernatural force" would arrive to lead them to "a promised land".

"Abusing the information, some people instigated and campaigned for the establishment of a separate kingdom of Hmong people, causing disorder, insecurity and an unsafe situation," it said.

The mainly Christian Hmong, among Vietnam's poorest people, are a Southeast Asian ethnic group who helped US forces against North Vietnam during the secret wartime campaign in Laos. They faced retribution after the communist takeover.

A foreign diplomat said he heard "that all of a sudden some guy sort of declared himself king and gathered people together."

Some Hmong have previously called for a separate Hmong Christian state, he said.

A local official in Muong Nhe district, about 200 kilometres (125 miles) northwest of Dien Bien town, told AFP that more than 3,000 Hmong were still gathered on Thursday.

The scenic Dien Bien region is normally popular with Vietnamese travellers, some of whom warned each other on a Web chatroom to stay away from the area because of a "Hmong uprising".

The US-based Center for Public Policy Analysis, an outspoken supporter of the Hmong cause, said 28 protesters had been killed and hundreds were missing. The claims cannot be independently verified,

In a statement from the Center, Christy Lee, executive director of the Washington-based campaign group Hmong Advance, cited "credible reports" of a major crackdown.

The operation was in response to Hmong people's protests for land reform, their opposition to illegal logging, "or because of their independent Christian and Animist religious beliefs", Lee said.

Local authorities had detained several people and opened an investigation, the military source said, adding the Hmong were "incited" by local people wishing to exploit the May 7 anniversary of Vietnam's victory over French colonial forces at Dien Bien Phu in 1954.

"We are very concerned," the military source said. "The Hmong called for freedom of belief and the setting up of a locally autonomous region."

Carl Thayer, an Australian-based Vietnam analyst, said sending military reinforcements would be "quite extraordinary" given Vietnam's multi-layered security apparatus which includes local militias and troops, and mobile riot police.

The foreign ministry statement made no mention of military involvement. It said "cadres" were dispatched to persuade the people not to believe "distorted" information.

"At present some of the people have returned home," it said.

Vietnam is a one-party state where public gatherings are strictly controlled and all traditional media are linked to the regime.

Border embarrasses ASEAN

Photo by: Heng Chivoan

Ouk Damry, a member of the National Assembly, speaks during an ASEAN-ISIS conference held in Phnom Penh yesterday.

Friday, 06 May 2011 15:03David Boyle and Cheng Lita

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The Secretary General of the Association of South East Asian Nations admitted its failure to resolve Cambodia and Thailand’s border dispute had become “embarrassing” yesterday, as delegates at a Phnom Penh conference of the regional body warned its relevance was threatened by the issue.

Ahead of an ASEAN summit in Indonesia this weekend, Secretary General Surin Pitsuwan said attending regional leaders should give the border dispute a “high level of attention”.

“It has been so embarrassing for ASEAN already, not being able to solve this problem,” he said.

“But ASEAN has tried. I think you have to recognise the fact that ASEAN has never been so pro-active before this year on this issue.”

In February, at a meeting of ASEAN foreign ministers, it was agreed in principle that Indonesian observers would enter the border area. But Thailand has yet to confirm the terms of reference for their deployment.

Pou Sothirak, a Cambodian government advisor, told an ASEAN Institute of Strategic and International Studies conference in Phnom Penh yesterday that if the dispute was not resolved, other member nations would revert to settling disputes by force.

“The border clashes between Cambodia and Thailand are now threatening the very existence of ASEAN – if this now develops into a full blown war ASEAN must do something right,” he said.

Dr Tang Siew Mun, director of foreign policy and security studies at the Institute of Strategic and International Studies in Malaysia, agreed the issue had becoming embarrassing for ASEAN on the sidelines of yesterday’s conference at the capital’s Cambodiana hotel.

“This is definitely a test case on how ASEAN functions as a community because ASEAN needs to, for lack of a better work, to police.

“It needs to keep the peace within the community itself,” he said.

“If we can’t do that, then what’s the point in having this community, we need to be able to solve problems within ourselves.”

The ASEAN charter, which came into effect in 2008, commits the regional body and its member states to a principal of non-interference with fellow members'

Cambodia is due to takeover chairmanship of ASEAN at the beginning of next year.

Thai and Cambodian forces continued to honour a ceasefire yesterday negotiated the previous day, Ouk Damry, a member of the National Assembly told the ASEAN – ISIS Conference.

“The sound of fighting has stopped and villagers returned to their villages,” he said.

Case 004 in the spotlight

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Friday, 06 May 2011 15:03James O'Toole

Local activist Theary Seng has announced plans to file a civil party application at the Khmer Rouge tribunal against a trio of former cadres she says are the subject of investigation in the court’s controversial fourth case.

Theary Seng identified the following three people as Case 004 suspects in a statement yesterday: Im Chem, a KR district chief in Banteay Meanchey province; Yim Tith, aka Ta Tith, deputy secretary of the KR’s Northwest Zone; and Aom An, aka Ta An, deputy secretary of the KR Central Zone.

The tribunal has yet to confirm the identities of the suspects in this case, though Im Chem in particular has been widely suggested as a possible defendant.

Theary Seng’s announcement follows a similar move last month in which she lodged a civil party application for Case 003 against former KR navy commander Meas Muth and air force commander Sou Met, both of whom have long been named as potential suspects. She said yesterday that the court’s complete lack of transparency in its Case 003 and 004 investigations had pushed her to take her complaint public.

“These judges are hiding behind the confidentiality issue, they are abusing the confidentially issue,” she said. “I’m taking my fight [to] the public arena because it’s my only safeguard.”

The tribunal’s investigating judges announced last week that they had concluded investigation in Case 003, though the unnamed suspects in this case were not questioned during the investigation and no lawyers have been appointed for them. In addition, the court has made no effort to solicit civil party applications for the case, after nearly 4,000 people applied to participate in Case 002, nor to collect complaints that could aid in the prosecution of the suspects.

These developments have led tribunal observers to charge that the judges are intentionally botching the investigation under pressure from Prime Minister Hun Sen and other government officials who have expressed opposition to Cases 003 and 004.

Theary Seng said yesterday that her Case 003 civil party application had been rejected, but that she planned to appeal. Under court rules, prospective civil parties in the case have just eight more days to submit applications, though they have been given no indication by tribunal officials of the scope of the 003 investigation.

Theary Seng said she was “100 percent certain” that the identities of the suspects she had named in Cases 003 and 004 were correct, citing “conversations” and “public documents”.

Tribunal officials reacted angrily last month to Theary Seng’s naming of Sou Met and Meas Muth, calling it “reckless” and “irresponsible”.

United Nations court spokesman Lars Olsen said yesterday that the court “has already made clear what it thinks about naming people in the public”.

“We think it’s unfortunate that this practice continues,” he added.

Aom An, now 78, currently resides in Battambang province’s Kamrieng district, according to research by the Documentation Centre of Cambodia. Im Chem, 66, is a district official in Oddar Meanchey province’s Anlong Veng district, while Yim Tith – brother-in-law of murderous KR military commander Ta Mok – became a general in the Royal Cambodian Armed Forces following his defection to the government and currently splits his time between Phnom Penh and Battambang.

DC-Cam director Youk Chhang said “only the court” should disclose the names of suspects, though in a statement yesterday, he called for more transparency from judges at the Extraordinary Chambers in the Courts of Cambodia, as the tribunal is formally known.

“The millions of Cambodian survivors of the regime deserve to know what the ECCC is doing in their name, yet the Court has provided no meaningful information to the public about Cases 003 and 004 since the [judges] began their investigations 20 months ago,” he said.

Clair Duffy, a trial monitor with the Open Society Justice Initiative, said she was “sympathetic” to victims concerned that the court would not give them the chance to participate in its third and fourth cases.

“[The investigating judges] have realised that the more people that have access to information about these investigations, the harder it’s going to be to dismiss these cases,” she said.

Defending the paedophiles

Photo by: Pha Lina

Dun Vibol, a defence lawyer, speaks to reporters from The Post last week at his office in Phnom Penh.

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I think that being a lawyer is like being a doctor – you have to work for the patient when they need assistance
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Friday, 06 May 2011 15:02 Adam Miller

As a lawyer who specialises in paedophile cases, Dun Vibol defends some of the most controversial criminals in Cambodia.

From his modest office at an independent law firm next to Phnom Penh Municipal Court, the 33-year-old has acted for more than 35 foreigners in sex and drug crime cases since 2005. Of those, two saw charges dropped and another three recieved suspended sentences.

This year, he has defended James Allan Morrow, a 46-year-old American charged in March with purchasing child prostitution and producing a pornographic video involving an 11-year-old girl, and 35-year-old French designer and photographer Mathias Cassar, charged in March with producing and distributing child pornography.

“I think that everyone deserves justice and I think that they deserve to have a good lawyer to represent their case because of the weak institution of the judiciary system here,” says Dun Vibol, who previously worked as a legal assistant at the NGO Legal Aid of Cambodia.

“Sometimes when I represent them I don’t have a good feeling, but I have no choice. I think being a lawyer is like being a doctor – you have to work for the patient when they need assistance.”

The young, personable lawyer admits that defending foreigners can be lucrative, but he also struggles with the disturbing nature of his cases and uses his own moral barometer to justify his work.

“It is better to work with foreigners, because it pays better than working with Cambodian nationals,” he says, adding “sometimes I don’t hope that I can win the case, but just go through the system”.

“I get a lot of stress. Sometimes I have to be alone in a quiet place to concentrate,” he says, adding that defending sex offenders can take a toll on him emotionally and causes him emotional stress.

Dun Vibol himself has also faced his share of criticism, particularly over his opinions on the non-governmental organisations that work to protect children from sex offenders.

Last year, he found himself in a dispute with NGO Action Pour Les Enfants, which has been investigating child sex offenders and conspirators since 2003 and has assisted in the arrests of 169 suspects as of March this year. APLE country director Samleang Seila filed a defamation complaint against Dun Vibol on May 12 last year, after Vibol was quoted in The Post as saying that APLE engaged in entrapment “in most child sex cases related to foreigners”.

The complaint was dismissed by the Phnom Penh Municipal Court but an appeal was lodged by APLE with the prosecutor general two months ago.

Despite the pending appeal, Dun Vibol still feels that the legal process regarding child sex crimes is largely biased against suspects, and that NGOs and police frequently “take sides with the victims”.

“If we look at the activities of the NGOs here, they can do whatever they want. It’s not like other countries like America or in Europe. They can investigate and follow someone without any permission from the police, so that’s why I can say that they use entrapment,” he says. “They push the police to investigate and the police must listen to them.”

Accusations of entrapment by NGOs have also been made in court. Vibol defended outspoken convicted rapist Graham Cleghorn from New Zealand, who was sentenced to 20 years imprisonment in 2004.

He represented Cleghorn in the Supreme Court in November of last year over disinformation charges, after Cleghorn claimed that the five victims in his case, who all worked for him, were paid up to $10,000 each by the Cambodian Women’s Crisis Centre to testify against him.

APLE strongly denies the entrapment accusations. Project assistant Joerg Langekotz describes the claims as “a load of rubbish” saying: “APLE has our own code of ethics which specifically states, ‘no entrapment and no setting anybody up’. If it did take place, I would stop working here immediately.”

Samleang Seila adds that the judiciary would never willingly accept evidence gathered under false pretences and that “it is unthinkable to use children to entrap offenders, and we will always condemn that”.

Bith Kimhong, director of the anti-human trafficking and juvenile protection department at the Ministry of Interior, agrees. “We cooperate with NGOs to observe the activities of foreigners walking with girls....

but entrapment is never used. [NGOs] have signed a Memorandum of Understanding with the Ministry of Interior so they always cooperate with authorities,” he said.

APLE also denies any suggestion that it is biased against foreigners. So far it has assisted in the arrest of 44 Cambodians, the highest demographic in their eight-year history.

Beyond the issue of entrapment, Dun Vibol claims that NGOs such as APLE can take a lead role in investigating suspects sometimes without notifying the police.

However, APLE says it only aids investigations with police approval and Bith Kimhong also emphasises this point: “If NGOs suspect anyone they first report them to our authorities then we will work on the issue together, they cannot do the investigation alone because the law does not allow them to do so.”

Yet APLE admits it carries out some independent enquiries. Langekotz says: “We do investigate beforehand.... if we see [an adult] under suspicious circumstances, of course we do a background check.... all of these findings we accumulate, and if the child confirms it, we talk to police who help us to find out the suspect’s identity.”

Some experts have questioned the value of Cambodian NGOs in aiding in criminal cases.

Steve Morrish, executive director of anti-human trafficking and exploitation organisation SISHA and a former police detective in Australia, says that “too many NGOs are trying to do police-type work and investigations and they are not qualified to do so, and that is where problems occur”.

“There is a lot of criticism that says the Cambodian court system and the police must be corrupt because they’ve released an offender ... but the majority of the time it happens it’s because the courts in Cambodia have rules for evidence and nine times out of 10 NGOs haven’t provided quality, credible evidence and this is why these people are released.”

Photo by: Pha Lina

Graham Cleghorn (left) arrives at Phnom Penh Municipal Court for a hearing in November 2010.

Pepper and salt: It must be Kampot

Photo by: Hector Bermejo

Worker Buth Samoeun gives some tender loving care to a pepper plant on Ngoun Lay’s Kampot Pepper plantation in Kampot province.

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Friday, 06 May 2011 15:01 Mark Bibby Jackson

Pepper might be big business in Kampot, but it is not as big as it used to be. “When I was young there were pepper trees everywhere,” says Ngoun Lay, 60, president of the Kampot Pepper Association.

“In the past, pepper growers were very rich men,” he added. “In the 1950s and ’60s, 8,000 tonnes of Cambodian pepper were exported to international markets each year. At that time we had 3 million pepper trees.”

This number dwindled during the Khmer Rouge regime as priority was given to rice production.

“Pepper trees start to die if you don’t take care of them for two to three months,” says Ngoun Lay.

Despite coming from four generations of pepper farmers, Ngoun Lay grew a few pepper trees for his family during the barbaric regime.

Founded in 2008, the Kampot Pepper Association represents 143 pepper producers in Kampot and Kep, the vast majority of which are family producers like Ngoun Lay. There are also 40 farmers growing pepper who are not members, because they do not meet the association’s minimum criteria of having 100 pepper trees.

According to Ngoun Lay, the province has a long history of pepper plantation dating back to the 13th century.

“The soil here is different from other places,” he says. “We have red soil and soil with sand, so during the rainy season it is easy for the water to flow fast and in the dry season the earth is still wet under the surface. That’s why the pepper here is so good.”

It is also 100 percent organic. “If they use chemicals, we do not let them join our association,” he says.

This year promises to be a good one for pepper farmers. Whereas only 10 tonnes of pepper was produced in 2009-10, Ngoun Lay anticipates 15 to 16 tonnes this year. And next year he hopes for 20 tonnes.

In part this is due to an increase in the number of mature trees. In 2009 there were only 19,000 mature trees, now there are 27,000.

Another factor is that this year’s crop promises to be good, at least judging by Ngoun Lay’s own plantation. “There are more fruit this year,” he says. “So I hope to have a bumper year.”

Ngoun Lay attributes the growth of Kampot Pepper to the passing of a law on Geographical Indications in 2008. Before, anyone could call their pepper Kampot, thus damaging the quality and reputation of the product.

Quality is something the Kampot Pepper Association places great importance upon. It employs a team of 12 to travel around various plantations to ensure the quality of the pepper is maintained and that members are meeting the 20 articles of association.

Although some producers who are not part of the association still call their pepper Kampot, at least now the association has a means of recourse.

“Some people are stealing our name to put on their pepper after they have seen that our product is popular,” says Ngoun Lay, who knows of at least three companies that have tried to call their pepper Kampot despite not being part of the association.

“After we inform them, they have to omit the name from their products because our name is registered. If they are not a member of the Kampot Pepper Association they can not use our name.”

Ngoun Lay’s modest aim is to achieve 100 tonnes of pepper production per year. “We hope that Kampot Pepper will become more famous and consumers will buy our pepper because they recognise the quality of our pepper,” he says.

INTERPRETER: RANN REUY

Triathlon Federation hold aquathlon event

Photo by: Photo Suppied

Triathlon coach Rowdie Loughlin (left) stands with Cambodia’s Narak Kun and presidents of the triathlon federations of Thailand (right) and the Philippines.

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Friday, 06 May 2011 15:00 H S Manjunath

The newly formed Cambodian Triathlon Federation is staging its inaugural Aquathlon competition involving a 700-metre swim and a 5-kilometre run at the National Sports Complex this Sunday, with the first race beginning at 8:30am. The contest in the Children’s category for boys and girls aged 10-15 years will feature a 250-metre swim followed by a 2.5-kilometre run.

Participants will first take a plunge for the swimming leg at the Olympic Stadium pool and then break into their run around the sprawling sports grounds.

National Triathlon coach Rowdie Loughlin revealed that, despite a lack of official funding, the federation had sent its first Cambodian triathlete, Narak Kun, to an international race in Thailand’s Chaiangsaen province last month.

“[Sunday’s] event will see Cambodians competing with expats. We already have over 30 entries including 10 members of the national team and in all we expect about 100 participants on the race day,” Loughlin told the Post on Wednesday.

“We hope that the race will uncover Cambodian talent for endurance sports. The race will be modified and promoted among the wider population to attract talented youngsters from all backgrounds.

“We have pulled together a great mix of national swimmers including two Olympians, a national athlete, national triathlete and several expatriate triathletes along with lesser trained but determined members of the Phnom Penh community,” he added.

Registration for the race is open until today with a fee of US$10 for foreign nationals and $5 for foreign children, while Cambodian adults pay 2,000 riels (US$0.49) and children 1,000 riels. Further details can be obtained from Rowdie Loughlin on 077359828.

NGOs pen letter on draft procurement law

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Friday, 06 May 2011 15:03Vong Sokheng

An alliance of NGOs has written a letter to the Ministry of Economy and Finance raising concerns over the ability of the government’s draft procurement law to promote transparency in public contracts, calling for more consultation before the legislation is sent to the Council of Minsters.

The alliance, which includes NGO Forum, the Cambodian Defenders Project and the Affiliated Network for Social Accountability, cited concerns over the definitions of key terms in the draft law and its provisions for transparency and fairness in the public procurement process, according to a draft of the letter obtained by The Post yesterday.

“Preliminary analysis [has] indicated some points in the law are still not clear or do not follow international best practices,” the letter read. The groups called for greater public consultation with civil society organisations before the law is passed to the Council of Ministers. Ou Bon Long, a secretary of state at the Ministry of Economy and Finance, said Wednesday that the move is scheduled for next week.

San Chey, a fellow at the Affiliated Network for Social Accountability in East Asia said the Finance Ministry should establish a feedback process incorporating all parties potentially affected by the legislation.

“I think that the draft law on procurement may also affect the private sector. That is why we sent a letter,” San Chey said.

Peace holds before summit

Photo by: Sovan Philong

Cambodian and Thai commanders meet at Ta Moan temple near the border in Oddar Meanchey province yesterday.

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Friday, 06 May 2011 15:03 Cheang Sokha and May Titthara

Cambodian Foreign Minister Hor Namhong flew to Jakarta yesterday morning with the aim of holding sideline talks with his Thai counterpart at this weekend’s ASEAN summit, following deadly clashes between the two countries.

Speaking to reporters at Phnom Penh International Airport before his departure, Hor Namhong said that the Foreign Minister of Indonesia, Marty Natalegawa, was set to hold separate meetings with Cambodia and Thailand today. A joint meeting, to discuss the provision of unarmed observers at the border, was due to be held at a later point.

Thailand and Cambodia first agreed in principle for neutral observers to be stationed along the border after fighting erupted in February near to Preah Vihear temple.

The terms of reference for their entry, however, have yet to be finalised by Thailand.

“We hope that when the Indonesian observers arrive, we can secure the ceasefire,” Hor Namhong said, adding that he had unofficial information that Thailand had accepted the terms for the observers’ deployment.

Natalegawa, however, said yesterday that he was still “waiting” for a letter from Thailand agreeing to the terms. Cambodia has already provided the observer approval, he added.

The prospect of talks between Cambodian Prime Minister Hun Sen, and Thai premier Abhisit Vejjajiva were also put under the spotlight yesterday.

The Bangkok Post reported yesterday that Abhisit had indicated that he had no intention of participating in talks.

“Don’t forget that I met Hun Sen four times late last year, and then in February, clashes erupted,” Abhisit was quoted as saying. “And I insist that each clash is not an accident. It is an intention to internationalise the issue.”

Thani Thongphakdi, spokesman for the Thai Ministry of Foreign Affairs, said yesterday that Abhisit did not want to meet with Hun Sen at the summit in Jakarta because the atmosphere was “not conducive” to negotiations. Thani stressed that instead of trying to involve other countries in the dispute, Cambodia should negotiate with Thailand bilaterally.

“I think that this issue was brought up by Cambodia, so therefore we feel that this issue should not burden ASEAN,” Thani said. “ASEAN already has a lot on its agenda.”

At the border yesterday, a ceasefire continued to hold after intense fighting that began on April 22 and has since killed at least 18 people.

Military commanders from both sides met from 9am to around 11.30am yesterday to affirm the ceasefire implemented this week. Cambodian commander Neak Vong of Royal Cambodian Armed Forces infantry division 41, said the two sides had agreed to allow five unarmed soldiers from each side to be stationed at Ta Krabey and Ta Moan temples – the centre of much of the recent fighting along the border near Oddar Meanchey province. A fence built around Ta Moan temple will also be removed.

ADDITIONAL REPORTING BY DAVID BOYLE AND CHENG LITA

Calls for more police powers

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Friday, 06 May 2011 15:02Khouth Sophak Chakrya and Mary Kozlovski

Anti-human trafficking and juvenile protection police need broader powers to conduct undercover investigations in order to crackdown on entertainment venues that exploit young women, human rights workers said yesterday.

Field Office Director for International Justice Mission in Cambodia, Patrick Stayton, said at a meeting of the United Nations Inter-Agency Project on Human Trafficking in Phnom Penh yesterday that the Ministry of Justice should issue a prakas giving anti-human trafficking police more scope in undercover operations.

“Right now … [police officers] could go into an establishment pretending to be a customer, dressed up in non-police uniform, but what they’re told is that all you can do is make observations,” he said, adding that Cambodian officials feared committing entrapment. “So they can see and listen but they can’t take it a step further.”

While the number of “traditional” brothels had declined due to crackdowns last year, young women largely between the ages of 15 and 17 were hired by “entertainment establishments” such as karaoke bars and beer gardens, where customers could pay a fee to take them off the premises for sex, Patrick Stayton said.

Ten Borany, deputy director of the anti-human trafficking and juvenile protection department at the Ministry of Interior, said yesterday that it was difficult for undercover police to protect workers who leave venues with customers.

“We send undercover police to karaoke bars, nightclubs, beer gardens or guesthouses that hide human trafficking, to observe and monitor … but we cannot arrest [owners and managers] even if we know that they commit human trafficking because it is a drinking venue,” he said.

“The customer and the hostess cannot not talk directly about sex in the venue but if they agree to go somewhere and the hostess agrees to leave with the customer, the police cannot arrest them.”

Under Cambodian law it is not illegal for a female between the ages of 15 and 17 to engage in consensual sex with an adult, Patrick Stayton said.

Moeun Tola, head of the labour program at the Community Legal Education Centre, said yesterday that the authorities often waited for complaints before launching investigations into human trafficking.

Drugs bust: Not very Happy Hippis charged

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Friday, 06 May 2011 15:02May Titthara

Eight people were charged with drug production, drug trafficking and drug use at Preah Sihanouk provincial court yesterday, after police raided the Happy Hippi guesthouse in Sihanoukville on Monday.

Deputy provincial prosecutor Ream Chanmony said yesterday that military police raided the Happy Hippi guesthouse on Monday night.

The Australian owner, his Vietnamese wife, a female Cambodian employee, two Russian men, one Swedish man, one Canadian man and one American man were arrested.

“I have charged all of them with drug production, drug trafficking and providing a place for drug use and I decided to detain them for further investigation,” Ream Chanmony said yesterday.”It is difficult for me and I need some time because I have no translators to interpret for them.”

The website for the Happy Hippi advertises pictures of marijuana and ”home-made” drugs and is adorned with a logo of a smoking smiley face.

Ream Chanmony added that authorities had checked rooms during the raid and found a range of drugs and drug production materials.

June Textile workers plead

Photo by: Pha Lina

About 200 garment workers formerly employed by the June Textile factory gather at the office of the local rights group Adhoc yesterday to seek help after their factory burnt down in March.

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Friday, 06 May 2011 15:02 Phak Seangly

About 200 workers from June Textile Company gathered at Adhoc’s office in Phnom Penh yesterday, asking help in receiving compensation after a fire shut down the factory last month and caused millions of dollars in damages.

Brach Davy, 49, a garment worker who had worked at the company for 18 years, said: “We can’t wait for a solution anymore. We still have to spend money on our homes and food.” She added that some workers had been forced to leave their rented rooms because they could not afford to pay the fees.

Brach Davy said that workers were demanding that the factory offer them the five points of compensation the company is required to pay under Cambodia’s 1997 labour law.

So far, factory owners had only agreed to give US$20 to each employee for each year they had worked with the company.

Chan Saveth, head of monitoring for the rights group Adhoc, said in front of the crowd of workers that Adhoc had no power to put pressure on the factory owners, but they would work with relevant officials to find a solution.

Oum Mean, secretary of state at the Labour Ministry, said yesterday that the issue is still being resolved.

No one at June Textile was available for comment.

Credit bureau for overlap in loans

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Friday, 06 May 2011 15:02May Kunmakara

Overlapping loans continue to plague Cambodia’s small lenders, but plans to launch a credit bureau this year may alleviate these concerns, industry insiders said yesterday.

Cambodia currently has no nationwide method of tracking who has received loans, meaning many people borrow from more than one institution without the lenders’ knowledge, according to Cambodia Microfinance Association Chairman Chea Phalarin.

“The main challenge [the MFI sector] faces is offering loans to a customer who already has loans from a different MFI,” he said. “This can lead customers into heavy indebtedness.”

“Although we support cooperation among the different MFIs and local authorities, we are still confronted with this issue – that’s our major concern.”

He said he expected the launch of the credit bureau to allow different financial institutions to access customer information, to see if a potential borrower has already been extended credit by a separate MFI.

“We are progressing [on launching the credit bureau] – we hope it will materialise by the end of the year,” he said.

In Channy, President of ACELDA Bank, said the situation facing non-performing loans was improving, but said the overlapping loans were still a problem for the sector.

He echoed calls that a credit bureau could help cut down on the problem.

“It will help the lending environment – it means the borrower’s information will automatically be registered into this credit bureau to avoid the overlapping loan,” he said.

In Channy highlighted the unnecessary costs that could be removed with the bureau.

“It saves us time we spend evaluating loans, and customers will also receive loans in a shorter time. In addition, it can reduce our operational cost.”

ACLEDA Bank Senior Vice President and Head of Credit Division In Sithann said the credit bureau was an initiative of the National Bank of Cambodia, with support from the International Finance Corporation.

The bureau itself is a joint venture between Singapore-based Vida Advantage and the Cambodia Microfinance Association and Association of Banks in Cambodia.

“We are progressing with the project, and applying at the Commerce Ministry for registration, before we receive another licence from the NBC,” he said. “We expect it will be officially launched in July, or later, of this year.”

Vida Advantage holds 49 percent, while the remainder is held by banks through the CMA and ABC. ACLEDA holds a 5 percent stake in the venture.

MFIs and Banks are beginning to submit customer data to the bureau, to test software, and to standardise the data from banks, he said.

Prasac MFI CEO Sim Senacheert said his MFI faced many problems with overlapping loans, and applauded the initiative. “The problem will be resolved when the bureau is launched,” he said.

However, he added concerns that some MFIs would still extend loans to customers even if they already had loans in the pursuit of profits.

A CMA report released last week showed the non-performing loan rate was improving at the Kingdom’s 24 microfinance institutions, while outstanding small loans not including ACLEDA had increased 51 percent in the first quarter 2011 compared to the quarter previous.

NBC and credit bureau officials could not be reached for comment yesterday.

Cambodia’s star hotels

Photo by: Will Baxter

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Friday, 06 May 2011 15:02Soeun Say

A man rides a motorbike past the 5-star Hotel de la Paix in Siem Reap city.

The Ministry of Tourism instituted a rating system for hotels over six years ago, though the majority have not registered for a rating, statistics show.

Ministry officials say they have been pushing for wider adoption of the system.

“International tour agents only contact hotels if they hold classifications, as this lets them know precise prices for rooms based on their star rating,” said Ministry of Tourism director of Toursim Industry Department Prak Chan Dara yesterday.

Some 59 of the Kingdom’s 455 hotels have applied for a rating, which ranks hotels up to 5 stars, according to ministry statistics. Hotels that do not apply could face fines of up to 20 million riel (US$4,720), or possibly have operating licences cancelled, said Prak Chan Dara.

Inflation to grow, but tolerable

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Friday, 06 May 2011 15:01Liam Barnes

Cambodia should expect price inflation of 6 percent this year, according to a United Nations report released yesterday, which government officials said was a tolerable level.

Rising food price and a declining United States dollar were leading to price increases for Cambodia, the United Nation’s Economic and Social Survey of Asia and Pacific 2011 said.

The report noted Cambodia’s prices increased by 4.1 percent in 2010, after decreasing 0.7 percent in 2009 and increasing by 25 percent in 2008.

Minister of Economy and Finance Deputy Secretary General Ros Seilava said at the report’s release in Phnom Penh that 6 percent inflation for 2011 was a manageable level.

“A six to seven percent increase in inflation is expected this year, however to a certain level, this could be tolerated,” he said.

The UN’s report estimated the Kingdom’s GDP would expand by 6.2 percent this year, led by growth in the garments, tourism and agriculture sectors.

It also highlighted challenges in diversifying the domestic economy away from heavy reliance on exports to specific Western countries.

Ros Seilava said the Cambodian government’s pro-trade policies and incentives to foreign investors would help the domestic economy grow.

He noted the government may have underestimated the economic implications of the global financial downturn on the domestic economy, but said experts were now more prudent in their approach.

“The situation was misjudged, however the government are now closely following inflation,” he said.

“I think everything is now under control.”

Travel industry’s multiple threats

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Friday, 06 May 2011 15:01Uong Ratana

The latest results for Cambodia’s travel sector this week showed the Kingdom is still in the midst of an impressive recovery, but there are signs recent threats to the industry may be starting to take their toll.

With the knock-on effects from the Japanese tsunami, clashes on the border with Thailand, unrest in the Middle East and high oil prices, can Cambodia’s tourism sector end this year as well as it started?

In the shorter term, events on the border, in Japan and the Middle East have certainly slowed growth from the impressive 18 percent annualised rise in visitors recorded in January – total arrivals were up 13.9 percent for the first quarter. Most notable was the huge drop in Thai tourists, down 34 percent overall in the January-March period compared to last year as Thailand fell from sixth position in January to outside the top 10 in March in terms of tourist numbers to Cambodia. The drop in Japanese visitors was not as dramatic but there was a 6.6 percent fall on arrivals in March, the month in which the disaster hit the northeast of the country.

Although the Middle East is far less important a market for Cambodia in comparison to Thailand and Japan, the knock-on effects from turmoil in the region may be more profound in the longer term when the price of oil is factored in. Representing just 0.3 percent of all arrivals to the Kingdom, formerly promising growth in Middle Eastern visitors fell from nearly 21 percent in January to negative 0.8 percent in March.

Cambodia is likely to suffer more though from the recent rise in oil prices that have been fuelled by unrest in the Middle East – jet fuel is up a staggering 40 percent compared to the same time last year.

In recent weeks the result has been a flurry of rising fuel surcharges within the airline industry which has raised the cost of reaching Cambodia. Vietnam Airlines and Dragon Air have both increased fares this month, as Korean Air and Asiana did in April. Thai Airways has already raised its ticket prices three times this year and the national flag carrier Royal Angkor Air announced to agents last week it will raise its fuel surcharge for the first time following its mid-2009 launch.

“To cope with this (rising fuel prices), not only [has] Cambodia Angkor Air … made effort to optimise our productivity, we have also been carrying out many cost-saving solutions to partially cover the loss of our performance,” the airline said in an announcement to tour operators.

CAA is set to raise prices by US$2 per one-way fare between Siem Reap and Phnom Penh and $5 on international routes. Meanwhile, Air Asia reintroduced a fuel surcharge on Tuesday for the first time since November 2008, meaning flights from Kuala Lumpur to Cambodia on the budget carrier have risen $4 per one-way flight, or roughly just over 3 percent.

Analysts have pointed out that high fuel prices hardly dented passenger loads before the economic crisis, but then generally speaking major economies including the United States and United Kingdom were performing well then. They are not at the moment which coupled with other psychologically threats to the airline industry – including the recent killing of Osama Bin Laden – means travellers will be less inclined to fly.

With the rise in fuel prices outstripping the recovery and subsequent increase in disposable incomes in many countries, surely Cambodia’s tourism sector is facing a slowdown in growth as a result. The question is: How bad will it be?