Silence only helps the oppressors

Pacific Daily News
http://www.guampdn.com/

May 13, 2009

Our comfort and complacency about our civil rights at a time when vigilance, rather than polished political rhetoric, is needed to protect those values can result in those rights being diminished.

Hear what 18th century Irish statesman Edmund Burke once said, "All that is needed for the triumph of evil is for good men to do nothing."

President Abraham Lincoln said, "To sin by silence when they should protest makes cowards of men."

And a Holocaust survivor said, "Because of indifference, one dies before one actually dies."

They, among many others, knew what they were talking about.

In my column of May 6, I wrote about a Khmer woman, Mu Sochua, 55, a mother of three and member of the Cambodian parliament, who filed a lawsuit against Premier Hun Sen for "defamation" because of Sen's scurrilous references to her in a nationally broadcast speech on April 4.

Sochua claimed that Sen's comments were directed at her. Although she was not named, the circumstances and references he made in his speech were so specific that they could refer only to her.

On April 23, flanked by her lawyer, Kong Sam Onn, Sochua announced she was suing the premier for 13 cents and a public retraction of his comments.

I wondered in my column whether Sochua was "foolhardy" to confront a strongman who controls all branches of government in a country where "disappearances" and "accidents" are routine, and I reported Sen's countersuit against Sochua for $2,500 for her alleged "defamation" of him.

In a speech at a graduation ceremony, Sen, who has an honorary doctorate from the University of Hanoi, announced he was not only suing Sochua, but both, "a lady and her lawyer," for $ 2,500 each for "defamation" when Sochua and her lawyer announced the lawsuit.

As if to confirm how words flow through Sen's mouth with no restraint, it was reported by multiple sources that, "The premier also referred to the 'lady' in question as 'stupid' and called on the National Assembly to lift her parliamentary immunity."

"To strip her immunity, 'it is as easy as ABC,' the prime minister said," according to reporters. They added that Sen said "it was highly unlikely that (Sen's) own immunity would also be taken away. ... I do not believe that (Cambodian People's Party) lawmakers will suspend my immunity." A Phnom Penh daily newspaper reported that Sen said neither his countersuit nor his April 4 speech was "an affront to women."

The political leader said because he never mentioned Sochua by name, the latter's lawsuit is a defamation, hence, his countersuit against Sochua and her lawyer for defaming him.

"I shall walk to prison, if that is what justice is about in Cambodia," the newspaper reported Sochua as having said.

Meanwhile, the May 6 Phnom Penh Post reported that Sen's lawyer, Ky Tech, said he "filed a complaint with the Bar Association. ... If the Bar's disciplinary council finds (Sochua's lawyer, Kong Sam Onn) was at fault, he will be stripped of his license to practice, and Mu Sochua will need to find another lawyer to take on her case."

The Post reported, "Ky Tech said Kong Sam Onn was at fault because of statements he made when outlining his client's case at an April 23 press conference called by Mu Sochua."

Whoa, a lawyer is at fault for "outlining the case made by a client? You bet.

Bar President Chiv Songhak said Ky Tech's complaint was now before the disciplinary council, and Kong Sam Onn could receive a warning, have his license suspended or be disbarred.

Guess what? Ky Tech was the Bar Association's former president, and Hun Sen is a lifetime member of the association. The May 8 Daily quoted the premier's lawyer as having told the deputy prosecutor at the Phnom Penh Municipal Court: "I asked the prosecutor to punish (Sochua and her lawyer) according to the law."

The Daily summarized the two lawsuits: "Mr. Hun Sen's case was filed in response to Ms. Mu Sochua's, essentially claiming that she had defamed him by claiming that he had defamed her."

Lest anyone forgets, in this era of technological progress, what Premier Sen said in his nationally broadcast public speech of April 4 was video-recorded. No court of law anywhere in the civilized world would find it simple to dismiss Sochua's case against the premier.

What's dangerous for the rule of law is what can be read online in a comment on the May 6 Post: "In Cambodia, when you want to sue a powerful man like PM Hun Sen, not only may you lose the case, but your lawyer will probably be disbarred and explicitly intimidated."

The late U.S. Attorney General Robert F. Kennedy said, "It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope."

And the winner of Nobel Peace Prize and Gandhi Peace Prize, African spiritual leader Bishop Desmond Tutu's famous words: "If you are neutral in situations of injustice, you have chosen the side of the oppressor."

Justice begs for rights-loving people's action.

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where he taught political science for 13 years. Write him at peangmeth@yahoo.com.

Thailand delays Asian leaders summit again

Tourists flee as Thai anti-government protesters storm hotel hosting ASEAN summit in Pattaya (file picture)

Channel News Asia

Asia Pacific News
13 May 2009

BANGKOK - Thailand, which was forced to cancel a key Asian summit in April amid chaotic anti-government protests, has again postponed the meeting scheduled for next month.

The government had hoped the regional meeting would finally be held in mid-June, but Prime Minister Abhisit Vejjajiva said on Wednesday that it was now likely to be pushed back to October -- 10 months later than originally planned.

He said leaders from the 10-member Association of Southeast Asian Nations (ASEAN) and its six key regional partners had not been able to reschedule the meetings for June 13-14 on the southern tourist isle of Phuket.

"There are countries that cannot attend the meeting we proposed," Abhisit said, adding that the most likely alternative date was October, when a second ASEAN summit was already due to be held.

"I am concerned that we are unable to hold the meeting as it was due to discuss several agreements," he said.

Abhisit said senior bureaucrats from the 16 countries would discuss new dates at their own meeting on May 19 in Phuket.

"Some countries are having by-elections, two or three countries are having general elections and others have plans to host state visits that cannot be moved," Foreign Minister Kasit Piromya earlier confirmed.

"Every country has tried to make our proposed dates work but they cannot adjust schedules," he said.

The summit groups the leaders of China, Japan, South Korea, India, Australia and New Zealand, along with those of ASEAN members Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.

The ASEAN Plus Six meetings were originally planned for December in Bangkok but were repeatedly moved because of demonstrations against the last administration allied to fugitive former prime minister Thaksin Shinawatra.

Following a change in government the summit was organised in the coastal city of Pattaya. But before it began, protesters demanding Prime Minister Abhisit Vejjajiva's resignation stormed the venue on April 11, forcing its closure.

Its cancellation was a huge embarrassment for the kingdom, which invoked emergency measures for a few hours while foreign leaders were urgently ferried away.

"I am sorry... several countries feel the same...but everyone understands what happened in Pattaya," said Abhisit. "We lost an opportunity as the meeting would have produced several economic agreements," he said.

Thailand had tried to reassure leaders that a new meeting in Phuket in June would be free of political chaos by promising to use an internal security law that placed the army in charge of guarding the summit.

Khmer Krom: Making Themselves Heard at the Doorstep of the UN

UNPO
http://www.unpo.org

Wednesday, 13 May 2009

The Khmer Krom protest in Geneva at the occasion of Vietnam’s hearing in front of the Human Rights Council

Below is an article published by Khimsokheang:

Coming from Switzerland, France, Italy, Germany, the Netherlands, the United States, Canada, New Zealand or Australia, among others, over 200 natives of Kampuchea Krom, a region located in the Mekong delta, in Southern Vietnam, and once Cambodian territory, gathered on Friday May 8th in front of the United Nations Palace, in Geneva, Switzerland. The exceptional event was organised by the Khmer Kampuchea-Krom Federation (KKF) on the occasion of the very first hearing of the Vietnamese government by the United Nations Human Rights Council, under the Universal Periodic Review, a new mechanism meant to assess the human rights situation in each of the 192 member states of the United Nations. Interview, at the heart of the demonstration, with one of the main organisers, the president of the KKF in Europe, Vien Thach, who rejoices at a “historic day”.

On the morning of May 8th, the sky was favourable to the Khmer Krom cause, with an exceptionally sunny day in Geneva, Switzerland, and just enough wind for the blue-yellow-red flags of Kampuchea Krom to flap, along with the banners demanding the “right to self-determination”, “freedom of religion, expression and the press”, and the end of persecutions by Vietnam against “the indigenous Khmer Krom people”. The weather was also ideal to lay out mats on the Place des Nations, just in front of the eponymous palace, and make the demonstration a friendly gathering, with noum pang (sandwiches) being distributed and traditional dance shows. If some bemoaned having had to share the enormous square with another group of demonstrators, Vietnamese also calling for the respect of human rights and freedom of religion in Vietnam, the co-organisers – U.S. president of the Khmer Kampuchea-Krom Federation (KKF) Thach Thach, his counterpart for the European representation of the KKF Vien Tach, and representatives of NGO UNPO (Unrepresented Nations and Peoples Organization) rejoiced that they were able to bring their message to this international stage. Before going to the Palace of Nations, to attend Vietnam's hearing before the Human Rights Council, Vien Thach explained to Ka-set his expectations and the goal of the demonstration.

Ka-set: What are the violations of Khmer Krom's human rights you want to denounce with the United Nations? Vien Thach: To give you the gist: First, the persecutions against Khmer Theravada Buddhism [practised by Khmer Krom as well as in Cambodia, Thailand and Laos most notably]; secondly, the grabbing of land belonging to Khmer Krom farmers; and thirdly, the falsification of Khmer Krom history by Vietnam. Our goal is to raise awareness in the international public on these issues and support the NGOs who support us, such as Human Rights Watch, whose January 2009 report [http://cambodia.ka-set.info/powers/news-hrw-human-rights-watch-khmer-krom-vietnam-090122.html Ka-set: Vietnam: Human Rights Watch analysts denounce violations of Khmer Krom rights] on Vietnam focuses largely on this issue.

K7: What do you mean by “falsification of history”? VT: The Vietnamese government refuses to acknowledge that we are an indigenous people in this territory. They write in official documents and manuals that we are refugees who came from Cambodia and settled in Vietnam, whereas we have been there and occupied these lands for a long time, even before the Vietnamese. The Khmer Krom are indigenous people. You must not forget that 21 provinces in Southern Vietnam actually used to be Khmer territory. But in 1949, France gave our territory to Vietnam instead of returning it to Cambodia. From then on, we have been persecuted because Vietnam has a culture that is very different from ours, different religious practices... We have a lot of trouble living with the Vietnamese.

K7: The demonstrators gathered today live in Europe, North America, Australia or New Zealand... Where does the information you report on persecutions and human rights violations against Khmer Krom come from? VT: Our correspondents, compatriots who live there [Editor's note: in the Mekong delta], communicate information to us. That is one of the reasons why Vietnam does not dare to do us as much harm now. They have signed international human rights conventions, but that was first to receive money from donors... Until 2001, the Vietnamese government was not concerned in the least about Khmer Krom's fate. But the community of Khmer Krom throughout the world asked the international community to react and help these poor populations.

K7: Then, are you hoping to attract the attention of Vietnam's donors by demonstrating on the Place des Nations? VT: Yes. Governments giving aid to Vietnam as well as international institutions, like the World Bank, must pressure the government of Hanoi. We are pursuing our efforts in that direction. The European Parliament, for instance, knows the situation quite well now. The deputies have even voted with a very large majority to condemn human rights violations in Vietnam.

K7: You have mentioned the period when Kampuchea Krom was officially part of Cambodia. This historic reference features heavily on the banners and signs brandished during this demonstration. Does that mean you are hoping for this region to be integrated back to Cambodia? VT: No, that is not really the issue today. Cambodia has never supported us. So, we want to manage by ourselves. Khmer Krom monk Tim Sakhorn, although he was the head of a pagoda, had taken refuge in Cambodia... And the Cambodian government defrocked him and sent him back to Vietnam, while it is absolutely contrary to the Cambodian Constitution to extradite a compatriot. We do not count on Cambodia. Our fellow citizens cannot take refuge in Cambodia without fearing to be sent back to Vietnam, to the police, in the conditions you can imagine...

Reform needed to reduce Cambodian poverty

UPI - United Press International, Asia
http://www.upiasia.com

By Chak Sopheap
Guest Commentary
Published: May 13, 2009

Niigata, Japan —
Cambodia is among the world’s poorest countries. While parts of the economy are making considerable progress, more than 30 percent of the population still live in extreme poverty. Though the government has proposed many strategies – the Poverty Reduction Strategy Program, Cambodia Millennium Development Goals and the National Strategic Development Plan – there is little progress in improving people’s living standards.

On the U.N. Development Program’s Human Development Index (2007-2008), Cambodia is ranked 131 out of 177, just above Myanmar but below Laos. This is a slight improvement over 1995-2005. Cambodia’s economic growth rate has been in double digits in the past few years, which has helped reduce poverty from 34.8 percent in 2004 to 30.1 percent in 2007, according to World Bank figures.

Prolonged civil conflict, internal displacement and discriminatory development processes are the main causes of poverty in Cambodia, made worse by high population growth. Poor people face inadequate opportunities, low capabilities, insecurity, exclusion and vulnerability. Although more than 70 percent of Cambodia’s population is employed in agricultural production, between 12 and 15 percent have no agricultural land.

This figure could be even higher with the current speculation, land-grabs and evictions for both rural and urban communities. Also, most peasants work small land holdings that don’t even provide enough food for their own consumption.

Apart from land, many families face a shortage of capital and a lack of knowledge and skills. They lack access to other natural resources such as forests and fish. Poor health is another major cause of impoverishment and other forms of social deprivation. The cycle of poverty, ill health, and high healthcare costs cripples poor Cambodian families.

The poor have little access to basic social services and facilities, with many living in remote areas. Illiteracy is also a barrier, as the poor are excluded from the development process.

Women in Cambodia do not enjoy equal access to education, paid employment and ownership of land and other property. Ethnic minorities are disadvantaged due to lack of representation at the management and legislative levels, and because of language barriers.

Lack of access to government information and decision making has prevented the poor from participating in community activities, contributing to gaps between government policies and their implementation. Also, the poor are not able to understand the law, unaware of their rights and vulnerable to exploitation and corruption.

Government policies aimed at reducing poverty will not work without collaboration from grassroots people, civil society organizations and donor communities.

An active grassroots civil society would ensure that citizens’ diverse voices are articulated and heard by local governments. It would also act as a check on local government action and ensure that it complies with the wishes of citizens – a community-based monitoring function that enhances accountability. Both roles would promote pro-poor governance.

Poverty reduction is one of the mandates of international institutions such as the World Bank and the International Monetary Fund, and has become their joint focus since 1999. Their continued financial and technical assistance is crucial to both government and civil society organizations.

There are huge grants from major donor countries and agencies that prioritize agricultural and rural development, human rights issues, decentralization, disability and rehabilitation, disarmament and demobilization, education, electoral reform, fishery and forestry sectors, gender and women’s participation, governance and transparency, health and HIV/AIDS, landmines and unexploded ordinances in affected communities, land reform, microfinance, resettlement and rights of affected people and the rule of law. If these sectors are effectively implemented they will contribute to poverty reduction.

Since the early 1990s NGOs in Cambodia have been heavily involved in post-conflict reconstruction, emergency relief work, repatriation and resettlement of refugees, and assisting with the implementation of basic services and infrastructure. NGOs work hard under difficult conditions in many sectors and geographical areas where the Cambodian government has outsourced, ignored or failed to provide assistance.

Despite their contributions to government policies, the activities of some such groups – especially those that advocate civil rights or fight corruption – are obstructed or denied by the government in the name of protecting national security and social order.

The central issue here is thus a lack of cooperation between the government and civil society organizations. For donor agencies, there is no communication and coordination so funds can be channeled properly to avoid task duplication, and no common fund-requesting procedures to facilitate the organizations’ work.

In addition, there are donor-driven agendas to which NGOs often have to conform to maintain their funding. Such shifts may not be appropriate for the NGO in terms of expertise, or for the particular development needs of the various communities. They also create conflicts of interest among civil society organizations in approaching the funding sources, which ultimately contributes to a lack of collaboration between them.

Furthermore, there are many challenges for grassroots people to exercise their role. A small oligarchy of high-ranking government officials, army generals and rich entrepreneurs are dominating the country politically, socially and economically. The National Assembly and the Senate do not fulfill their functions effectively and hardly take any initiative on their own. The judiciary system, which is not dependent from the executive power, provides the rich and mighty with impunity. All TV channels and most of the radio stations and print media are controlled by the government and do not report fairly on the opposition parties.

The corruption rate is very high in Cambodia; corruption is one of the main sources of human rights violations and poverty determinants. Instead of being properly consulted, rural and urban community leaders are intimidated and pushed aside. In most cases, the courts do not protect their rights to fair trial. Grassroots activists who try to resist are arrested and charged excessively.

The poorest and most disadvantaged parts of society have limited opportunities to exercise their civil and political rights. They neither know about their rights nor how to advocate for them. The failure of the authorities in protecting their rights, and the excessive use of force by security forces, sometimes lead to counter-violence. Thus it is necessary for civil society organizations and donor communities to lobby the government for administrative and judicial reforms and empower the grassroots in order to tackle poverty and violence.

Poverty reduction requires a strong government role with collaboration from civil society. The Cambodian government should first work toward a clean, highly competent and courageous leadership. Second, Cambodia must develop a highly educated, development-oriented, non-corrupt, efficient bureaucracy. The National Assembly should enact laws against corruption and should strictly carry out such laws.

Third, all civil society and government stakeholders interested in the development of the country should work toward a culture of mutual collaboration, through extensive community consultation, rather than through pressure exerted by powerful groups or lobbies.

Ultimately, the Cambodian government should enforce reforms of the administrative, legal and judicial, military, economic and financial branches to improve living conditions of the Cambodian people. Only if these reforms are implemented will poverty reduction policies be feasible.

--

(Chak Sopheap is a graduate student of peace studies at the International University of Japan. She runs a blog, www.sopheapfocus.com, in which she shares her impressions of both Japan and her homeland, Cambodia. She was previously advocacy officer of the Cambodian Center for Human Rights.)

“Cambodia's development cannot be made with our tears”

Geneva (Switzerland), May 7th 2009. Ros Han, Chan Vichet, Sia Phearum and Seng Sokheng in font of Palais Wilson, Wilson quay, headquarters of the United Nations High Commission for Human Rights© Laurent Le Gouanvic

Ka-set
http://cambodia.ka-set.info

By Laurent le Gouanvic
13-05-2009

From the top of the stairs of the Wilson Palace in Geneva, headquarters of the United Nations Office of the High Commissioner on Human Rights (UNHCHR) and formerly the late League of Nations, Ros Han, Chan Vichet, Sia Phearum and Seng Sokheang look at the unobstructed view of lake Léman and the Mont-Blanc quay, a street where luxury boutiques, banks and posh hotels run side by side. At the heart of the Swiss city, in a setting which strongly differs from Kratie, Oddar Meanchey and Phnom Penh, these four Cambodians came to make a call for help and file the demands of those evicted from their land or from those who are under threat of eviction to the international community. Before attending the Cambodian Government reporting to the Committee of economic, social and cultural rights of the UNHCHR, which is holding its 42nd meeting on May 11th and 12th, those heralds of Cambodian civil society held a series of meetings, hoping to put an end to evictions and land grabbing in their country.

Last chance operation
“This is our last opportunity” says a moody Seng Sokheang, coming from Oddar Meanchey province in the North-West of Cambodia and representing the Peace Building Community Network, a community-based network. “We have tried many things to denounce the violent evictions which struck our communities: we have notified the authorities, we have held sit-ins in front of the Phnom Penh Municipality, the National Assembly, the Council of Ministers... But nothing... There were no results", this Human Rights activist enumerates. He arrived in Switzerland with a delegation of the Cambodian civil society on May 6th. "So the last thing we can do is to plead our cause on the international scene".

“We have protested many times with the Cambodian government, but nothing has changed", adds Ros Han, who represents Indigenous Rights Active Members. He also took the trip and intends to denounce land grabbing affecting native and ethnic minorities in Cambodia. We tried to discuss, to argue, to publish communiqués, to plead our cause with the authorities, trying to make them more aware of the issue... But without any result at all.”

Have the international community react
Despite continuous protest on the part of local NGOs in Cambodia, and the spreading of images and information through the press and the Internet, eviction threats are still hovering over hundreds of families, notably in Phnom Penh. All over the country, many families are deprived of their ancestral resources, since the land they are living on has been granted as a concession to private companies for plantations or mining operations, and elsewhere for hydroelectric dams, according to Ros Han. Hence the initiative of several NGOs to try, this time, to knock directly on the door of the United Nations, on the occasion of the hearing of Cambodia in front of the Committee on economic, social and cultural rights from the UNHCHR, with the hope that the international community will react and put pressure on the Cambodian authorities so that the violence the Dey Krohom inhabitants went through would not happen again.

To prevent a case similar to Dey Krohom
Chan Vichet knows the Dey Krohom case very well: he used to live in that neighbourhood located in the centre of Phnom Penh, with his wife and two children. They resisted forced departure for a long time, but one morning the thugs of the private 7NG company, under the passive eye of the forces of law, destroyed all the houses and their content. Vichet agreed to come and tell his story to the UN people, despite his condemnation by the court of Phnom Penh to a suspended sentence of eighteen months in prison and a probation period of five years following a complaint by a 7NG employee. This sword of Damocles is constantly hanging over his head. “I left my relatives in order to come here. And I know that when we go back [to Cambodia], we will not have our life back, but half the life we had. I lost everything. I am already half-dead. So at least, if I have to die, I want it to be useful to the communities of poor people who are still under threat, so that they can enjoy better living conditions”, he says.

Vichet told his story to many of the respondents he had the opportunity to meet in Geneva, so that they would be aware of the negative impact created by uncontrolled development in Phnom Penh, achieved by a minority of people, to the expense of a majority of others living with few resources. “I explained the nature of the problems linked to development in Phnom Penh. I told my own story and wanted to draw attention to the other communities who also live under threat of eviction”. He reminds that “In Phnom Penh, thirteen communities are threatened”.

Living witnesses
For Vichet, it is important to bear witness directly, so that those in charge at the UN would be made aware of the fact that the dramas described with numbers and graphs in reports are for real. “The people we talked to showed sadness and pity. But above all, they did not expect this. They could not believe a government would be able to act this way. They had read the information on forced evictions in Cambodia on the Internet. But, until then, they had never been confronted with the direct testimony of victims, who came all the way here on purpose to talk to them.”

The “parallel report” of the civil society
Sia Phearum, director of the Housing Rights Task Force secretariat, one of the most active Cambodian NGOs in the field of housing rights and the fight against evictions and land grabbing, backs up this testimony with facts and figures, assembled in a “parallel report” on the land and housing rights in Cambodia in 2009, compiled by several Cambodian organisations and handed over to his Geneva respondents. A document intended to give additional - if not contradictory - information to the one introduced by the government, and which features a picture of a Dey Krohom resident, carrying the few belongings she managed to rescue before her house was destroyed, as the jaws of an excavator loomed over her head, ready to smash a tin sheet and wooden house. In addition to the few figures collected by different NGO’s - according to Amnesty International 150,000 people are threatened by eviction, 70,000 in Phnom Penh alone - this document details the various evictions which took place over the previous years and gives a series of recommendations, one of which seems quite obvious: the government should implement the 2001 Land Law and respect its international commitments regarding Human rights.

The tears of development
“We don’t want this to happen again and again”, Phearum insists, detailing the intentions of his action: “Making sure that the United Nations and donors, one way or another, urge the government to prevent the ongoing evictions of other communities”. “We do not act against the Cambodian government, but we only want the UN and the government to finally tackle these problems”, says Sokheng, who is involved in denouncing the negative consequences of some land concessions on the environment and inhabitants. “We cannot go on developing Cambodia with the tears of the people. We are in favour of real development, for the poor. Not a development of tears”, Vichet concludes .

New UN appeal
The message was heard, at least partially. A few days before Cambodia’s presentation to the Committee on economic, social and cultural rights at the OHCHR, and the day after their meeting on May 7th with Special Rapporteur to the UN for the right to decent housing Raquel Rolnik, the latter published a communiqué, urging the government to prevent new expulsions, notably the one of “Group 78” in Phnom Penh. In this text dated May 8th, she underlines that “ Since I became Special Rapporteur to the UN for the right to decent housing in May 2008, I observed an increase in violent expulsions throughout Cambodia (...). In most cases, the authorities refused to acknowledge the property rights claimed by the affected communities and failed to offer fair compensations or solutions [ for relocation]”. She adds, “Unfortunately, the Cambodian government has not responded to my demands, or did so after a long time”. It remains to be seen whether that new appeal will be put into effect.

Convicted California sex offender faces new charges in Cambodia

Jack Louis Sporich got out of Atascadero after refusing treatment as a sex offender

The Sacramento Bee
http://www.sacbee.com

Thursday, May 14, 2009

By Sam Stanton
sstanton@sacbee.com

Jack Louis Sporich was living an idyllic retirement, splitting his time between a luxury condo in Sedona, Ariz., and a sprawling home he was having built in a tourist mecca in Cambodia.

The 74-year-old retired engineer appeared to have escaped his past, which included his classification as one of California's most dangerous sex offenders, one who authorities suspect may have molested more than 500 young boys over the years.

Now, officials say Sporich, who won his release from Atascadero State Hospital in May 2004 without spending a single day in treatment, may have reoffended.

He has been charged in Cambodia with indecent acts against minors in a case involving four young Cambodian boys, according to an official in Phnom Penh whose organization helped investigate Sporich.

Cambodian news accounts of his arrest indicate Sporich denied the allegations, which included the claim that he lured the children – ages 9 to 13 – to his home with toys and candies. The Cambodia Daily reported that he also attracted youngsters by dropping dollar bills in the street.

He was arrested Feb. 2 and remains in custody in the tourist town of Siem Reap, according to Seila Samleang, executive director of Action Pour Les Enfants-Cambodia.

APLE-Cambodia is a non-governmental organization that works closely with Cambodian police to target foreign pedophiles who exploit youngsters in that country, and Sporich had been under investigation by the group.

Samleang said in an e-mail to The Bee on Tuesday that the charges are misdemeanors punishable by a prison sentence of one to three years. Sexual exploitation of children has been a problem for years in Cambodia, where the age of consent is 15.

Todd Melnik, the defense attorney who won Sporich's release from Atascadero, said he knew nothing of the Cambodia charges. An e-mail to Sporich this week seeking comment did not receive a response.

Sporich is no stranger to charges of sex with children.

He spent nine years in prison after his conviction in Ventura County on seven counts of lewd acts upon children under 14. Then, he was committed to Atascadero State Hospital as a "sexually violent predator" deemed too dangerous to be released upon completion of his sentence.

David Lehr, a Ventura County defense attorney who originally prosecuted Sporich, said he may have had as many as 500 victims, and that he typically befriended boys through their parents and offered to take them on camping trips.

The parents frequently would pay Sporich for his gas and the time he spent on the trips, Lehr said last week.

"If I had to pick from a list of former and current SVPs, he would be, by far, the first one I would be most concerned about," Lehr said in an interview for a 2006 series of stories in The Bee about sexually violent predators.

Sporich was released from Atascadero in May 2004, after two juries were unable to agree on whether he would re-offend, and he immediately moved to Arizona, where the only requirement he faced was that he register as a sex offender once a year.

He is not listed on the current sex offender registry maintained by the Arizona Department of Public Safety.

Sporich's case was highlighted in The Bee's series, which revealed that it was far easier for offenders to win release from Atascadero by refusing treatment than by undergoing the lengthy treatment program designed to prevent them from reoffending.

Since the treatment program began 13 years ago, 17 offenders have won release by undergoing all or some of the required programs, and none has reoffended, the state says.

By contrast, 155 others – including Sporich – have been released through court orders.

After The Bee's series, lawmakers introduced a number of proposed improvements to the system and voters later that year overwhelmingly approved Proposition 83.

That measure increased prison sentences for habitual and violent offenders and did away with the requirement that sexually violent predators be allowed a trial every two years. Instead, they now can petition annually for a hearing, but the burden of proof is on them to convince a court they no longer pose a threat.

In an interview for The Bee's 2006 series, Sporich said he felt remorse for his actions and complained that California had violated his civil rights by committing him to Atascadero for 39 months after he had completed his prison sentence.

He also boasted of his photographic excursions to Southeast Asia, and showed off a photo on the wall of his Sedona condo of the bare bottom of a preschool-aged boy urinating in public.

Family members say that in recent years Sporich married a 23-year-old Southeast Asian woman with several small children and that he had begun building a large home in Cambodia.

June Caine, Sporich's older sister, said he met the woman, a waitress, overseas after leaving her a $100 tip. Caine said the family had known for years of Sporich's past and had hoped he would seek treatment.

"I don't want him out anymore," she said. "I think he's sick, and he's never going to get well. I don't want this to go on."

Cambodia tightens inspection after new flu reaches Thailand

http://www.tmcnet.com

PHNOM PENH, May 13, 2009 (Xinhua via COMTEX) -- Cambodia is watching closely for unusual outbreak of influenza-like illness and severe pneumonia in the country and have further tightened inspection at international gates after A/H1N1 flu virus reaches Thailand, officials said here on Wednesday.

We have tightened the inspection on passengers who came from affected countries and the passengers have to pass through thermal scanners for body temperature and fill health declaration procedures," Ly Sovan, deputy director of anti-communicable department at Health Ministry, told Xinhua on Wednesday.

Meanwhile, Cambodian Health Minister Mam Bun Heng on Wednesday inspected the working group of anti-communicable disease influenza A/H1N1 at the Phnom Penh International Airport and other places.

Ly Sovan said Cambodia was concerned about influenza A/H1N1 after it has spread worldwide, and also tightened inspection on passengers at the international border gates with the neighboring countries after it reached to neighboring Thailand.

"We have already prepared to prevent and fight against the outbreak of influenza A /H1N1 here," he said, "up to now, our country still has no confirmed or suspected cases of swine flu." Meanwhile, Nima Asgari, public health specialist for the World Health Organization (WHO), said that given the spread of the disease, the appearance of swine flu in Cambodia would be unsurprising. "The question is how fast the government can react," he stressed.

Thirty countries and regions have reported 5,251 cases of influenza A/H1N1 as of May 12 and 61 deaths have been confirmed worldwide, according to WHO's website.

Last week health ministers from ASEAN and their counterparts from China, Japan, and South Korea met in Bangkok pledging to cooperation in the face of threat from the virus and to boost stockpiles of antiviral.

Oxen pick beans, corn over rice

Photo by: Heng chivoan

Supreme Court President Dith Munty is carried past the Royal Palace on Tuesday on his way to perform the Royal Ploughing Ceremony, an annual event that is meant to predict the coming year’s harvests, which palace astrologers say will be good for beans and corn this year.

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by Sam Rith
Wednesday, 13 May 2009

But Royal astrologer predicts good rice harvest as farmers worry

FARMERS expressed concern about the rice harvest after the royal oxen refused to eat the grain at the annual Royal Ploughing Ceremony held Tuesday. Instead, the animals preferred beans and corn laid out in identical golden bowls at the ceremony in front of the National Museum.

"Beans and corn will enjoy better yields this year," Royal Astrologer Kang Ken told assembled guests and a crowd of several thousand people.

Speaking to journalists later, he said farmers would benefit from 30 percent higher rice yields, and the rains would fall as usual. Kang Ken said the ploughing ceremony had been held since ancient times to let farmers know that the "planting season is coming".

But farmers said the implication was that this year's rice harvest would decrease.

"I am now very worried about this year's rice crop because the oxen did not eat any rice," said Yim Chhrouk, 66, a farmer from Sangke Chhrum village in Prey Veng province who came to Phnom Penh to watch the ceremony.

Yim Chhrouk said her worries were further increased because it was not possible to grow any crop other than rice near her village, most of whose residents are farmers.

She had learned from previous experience that when the oxen refused rice, her rice harvest would drop between 30 percent and 50 percent on her 2 hectares of land.

Vang Sak, 53, a farmer from Thnaot village in Prey Veng province, agreed that yields would be lower.

But 52-year-old Hun Heun from Ram Karn village in Battambang province said it was too early to tell.

"I don't know what the rice yield will be, but I will still plant my rice crop because the seeds have germinated," she said.

Photo by: Heng chivoan
Royal oxen choosing corn and beans over rice at Tuesday’s ploughing ceremony.

Rice yields will improve
The Ministry of Agriculture declined to comment on the significance of the oxen's rejection, with Secretary of State Chan Tong Yves saying his ministry was instead encouraging people to plant as much rice as possible.

"Our plan is to improve the rice yield year on year," he said, adding that the Kingdom harvested 7 million tonnes of rice last year and that he expected that this would improve due to better irrigation, higher-quality seed and input from farming experts.

This year's ceremony was presided over by King Norodom Sihamoni.
It saw Supreme Court President Dith Munthy appointed as the sdech neak, whose role it is to drive the six royal oxen three times around the park, and his wife as the mae hua, who scatters seeds.

Two oxen were then presented with seven bowls - one containing rice, and the others containing corn, soybeans, sesame seeds, water, wine and grass. Consuming rice, beans, corn and sesame seed indicates a plentiful harvest of those crops; if they drink the water it means farmers can expect rain or flooding; if they drink wine it means war; and if they eat the grass it is the sign of a poor crop.

Chea Chhoeurn, 48, a farmer from Speu village in Kampong Cham, said the predictions were correct three-quarters of the time. As a result of today's events, he said he would plant more beans.

Foreigners at ECCC scrutinised

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by Georgia Wilkins and Robbie Corey-Boulet
Wednesday, 13 May 2009

Lawyers, observers call govt monitoring 'intimidation'

ASENIOR government official said Tuesday that the government was monitoring "all international staff" at the Khmer Rouge tribunal, prompting charges of interference and intimidation from lawyers and court observers.

Council of Ministers spokesman Phay Siphan told the Post Tuesday that officials were maintaining files in an effort to prevent corruption on the part of foreigners, which he described as a legitimate threat.

"The international side has corruption, too," Phay Siphan said, though he later backtracked and said no proof of corruption on the Cambodian side had surfaced.

In addition to UN officials, international staff would include some civil party lawyers and interns working at the UN-backed court.

Phay Siphan declined to say who was providing officials with the information that was being placed in the files, or what the effort had revealed as of Tuesday.

He said the effort began after government officials "were given a file with complaints [of corruption]", although he declined to say when this occurred.

"We didn't believe them, so we are monitoring the court ourselves," he said.

Andrew Ianuzzi, a legal consultant for the defence team of Nuon Chea, one of five former Khmer Rouge leaders detained by the court, said the reported monitoring was "blatant interference" and intimidation.

"This is the childish, thuggish behaviour we have come to expect from the government," he said. "But it is not something to be taken lightly."

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There is obviously a complete breakdown of trust between the two sides.
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"It sounds like we're being spied on," he added.

John Hall, an associate professor at California's Chapman University School of Law who has written extensively about the tribunal, said via email that the government has "a reputation for smearing the reputations of its critics. It's good to see it acting true to form".

"I wouldn't be surprised to see [a government-orchestrated] campaign of false tit-for-tat accusations levelled at international staff. The motive is far from subtle: deflect attention away from the still-unresolved corruption allegations implicating senior [government] officials at the tribunal."

Phay Siphan disputed the notion that the government was interfering in an inappropriate manner.

"This is not interference. I am not threatening anyone," he said, adding, "We are keeping watch and looking for information that might discredit the ECCC."

Michelle Staggs Kelsall, a court monitor for the East-West Centre's Asian International Justice Initiative, said, "Without sounding alarmist, this is alarming.... There is obviously a complete breakdown of trust between the two sides of the court."

Staggs Kelsall called on the UN to take active steps to repair the relationship, a point seconded by Ianuzzi.

"One would hope the UN would step in at this point," he said.

A work in progress
Phay Siphan described the most recent corruption allegations - in which workers on the Cambodian side of the court were allegedly forced to hand over a portion of their salaries - as "a foreign concept", saying, "Cambodian people give small payments at temples all the time."

Asked if he was comparing forced salary payments to temple donations, Phay Siphan replied, "I don't know".

Ianuzzi responded: "If they're saying that, then I think it's time for us to ask how much it will cost to get our client off."

Evictions dominate UN review agenda

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by Sebastian Strangio
Wednesday, 13 May 2009

A UN body has asked the Cambodian government to account for continuing human rights violations, including the recent and pending evictions of poor communities in Phnom Penh.

During a review session Tuesday in Geneva, the UN Committee on Economic, Social and Cultural Rights requested that the government detail what it was doing to ensure the rights of evictees, a civil society representative present at the session said.

According to the representative, the committee asked specifically about the situation at Boeung Kak lake, Dey Krahorm, Borei Keila and other poor urban communities where thousands of people have been recently uprooted by development projects.

The 18-member committee is tasked with reviewing countries' adherence to the International Covenant of Economic, Social and Cultural Rights (ICESCR), which Cambodia ratified in 1992.

"We all know that the question of land, housing [and] evictions has enormous implications on other economic, social and cultural rights, including the right to education and health," said committee member Zdislaw Kedzia, adding that the compensation offered to evictees had so far been "unfair and unjust".

Virginia Bonoan-Dandan, from the Philippines, said she had visited the municipality's eviction relocation site at Andong village, in Phnom Penh's Dangkor district, describing the "sub-human conditions" at the site.

"I was shocked to see the people [at Andong] drinking from a dirty pond.... The children had boils; their skin was infected," she said.

"It really drives home the point ... Cambodia has lots of legislation, good legislation, but it is not being implemented."

Article 11 of the ICESCR recognises the universal right "to an adequate standard of living ... including adequate food, clothing and housing, and to the continuous improvement of living conditions".

Sun Suon, Cambodia's ambassador to the United Nations and lone delegate at the session, responded by saying the government was trying to address land issues and that he would forward the committee's recommendations to Phnom Penh.

"The prime minister has acknowledged this problem, and he has called for land grabbers to be brought to justice," he told the committee.

But he also said the issue of land evictions had become a "political issue" requiring "further elaboration".

"Every year we have a meeting with donors and we discuss this issue, and we believe that this is the approach to dealing with [it]," he said.

The government's initial report to the committee, submitted in early January, claims Dey Krahorm and Borei Keila had been slated for a "land-sharing project" as part of an attempt to "improve 100 poor communities within five years".

"These projects help the communities to build houses on their legally owned land," the report said of the two communities.

"They can also request some more land which is left from sharing and some financial supports for house building."

A fortnight after the report was submitted, more than 100 families living at Dey Krahorm were violently evicted from their homes by police and officials working for local developer 7NG.

Residents at Borei Keila, including several dozen suffering from HIV/Aids, are also facing eviction.

Sex workers face more risks in global downturn

Photo by: SOVANN PHILONG
A customer receives a massage at a cut-rate parlour where sex is one of the services offered.

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by KHUON LEAKHANA AND CHRISTOPHER SHAY
Wednesday, 13 May 2009

Fewer clients with less money are putting in harm’s way many women forced into the sex industry by job cuts, advocates say

HOY Channy has been a sex worker since 1997, and right now, she says, business is as bad as she has ever seen it. Since the global economic crisis struck Cambodia, her monthly income has dropped by US$100, and less money means less food for the 11 family members she supports.

"Even though society does not value me, I earn money by my own strength and spirit. If I don't do it, I don't have anything for my children and family to eat," the 32-year-old said.

According to the United Nations, nearly 60,000 people have lost their jobs in the garment sector. While many of those have found new jobs, many thousands more women have few work options outside of subsistence farming.

As a result, more women are turning to sex work to support themselves and their families, flooding a shrinking market of increasingly poorer clientele, said Am Sam Ath, a technical superviser from the rights group Licadho.

"The global economic crisis has closed many factories, which results in job losses for many people. They have to look for other jobs, and so the number of prostitutes increases, even though the customers are getting scarcer and scarcer," he said.

This situation has led to a decrease in sex-worker income, and that has made them more vulnerable to exploitation, said Ly Pisey, a technical assistant at the Womyn's Agenda for Change.

"When you're starving, you have to reconsider what you'll do. The powerless mostly lose."

Sou Sotheavy, director of the Men's and Women's Network for Development, said, "The economic crisis is a reason for the decrease in income for sex workers.... My women are in miserable conditions now."

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When you're starving, you have to reconsider what you’ll do. The powerless mostly lose.
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Though having 11 dependents like Hoy Channy is on the high end, it is not unusual for sex workers to give their earnings to their families.

Sara Bradford, a technical adviser for the Asia Pacific Network of Sex Workers in Cambodia, said that sex workers here on average have 3.1 dependents, according to UNAIDS.

Bradford said that with less income, sex workers are more likely to put themselves at risk to attract customers.

"They might be willing to do things they wouldn't do before - like unprotected sex - to increase the amount of money they're making," she said, adding that women new to sex work, such as laid-off garment workers, are also more likely to be abused.

"Someone who is new to sex work might not know what they're doing and what could put them in danger," she said.

Controversial human trafficking legislation that was passed in February 2008 criminalised sex work and led to months of brothel busts.

As a result, most sex workers moved from brothels to less centralised locations, away from outreach programs.

"After they leave the closed brothels, they will become secret prostitutes on streets, at gas stations, night clubs and karaoke parlours," Am Sam Ath said.

Ly Pisey said that sex workers who work independently of brothels are more likely to be affected by the economic downturn, because they are less protected and often more desperate for money.

"Some clients think ‘I have money. I can do anything'," and that can be dangerous for a sex worker, Ly Pisey said.

"When you do not have power to negotiate, you are vulnerable," Ly Pisey added.

Though Am Sam Ath does not support prostitution, he says the anti-trafficking law puts sex workers at a greater financial risk, a problem exacerbated by the current economic crisis.

"The government should reconsider closing brothels, because closing them down can be an extra cause of poverty," he said.

Ing Kantha Phavi, the minister of women's affairs, said her goal was to raise women out of sex work and into reputable jobs, not to improve the incomes of prostitutes.

"The policy of our ministry is to raise the face, value and reputation of Cambodian women. If we support that job [sex work], it means that we are not doing our job. That their income decreases because of the global financial crisis is their own problem," she said.

Sex workers have other options, she said, and the government is doing what it can to help train women in these other sectors.

"Our goal is to get them to have legal jobs, especially in the agricultural sector. To do this, the Ministry of Commerce has budgeted to train them with skills so that they can look for a legal job," she said.

But Hoy Channy says she is not looking for another job because she says there are no other options for her. She just wants to be able to safely feed her family.

"I have been a sex worker for a long time. I depend on this job. I don't have anything else," she said.

Fewer women to contest council seats in upcoming elections

GENDER EQUITY

Cambodia has among the lowest ranking for gender equity in Asia, according to the UNDP’s Human Development Report. The political will to implement policies of gender equality is weak, and “social attitudes ... deem women to be of lower status”, the UN website says.

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by Vong Sokheng
Wednesday, 13 May 2009

Only 13.8 percent of the candidates in Sunday’s council elections are female, a drop of nearly half from commune polls held in 2003

THE number of female candidates in the upcoming provincial, district and municipal council votes has decreased compared with previous polls, even though all four political parties running in Sunday's elections have previously committed to encouraging women's participation in politics.

Only 1,177 of the 8,506 candidates - or about 13.8 percent - are female, according to Tep Nytha, secretary general of the National Election Committee (NEC).

In 2008, 14.8 percent of the political candidates were female, but six years ago female candidates represented 27 percent of the total, Tep Nytha said.

The Cambodian election monitor Comfrel , using this percentage of female candidates, released its predicted results earlier this year, saying that about 10 percent of the 3,235 seats will be held by women.

Ros Sopheap, executive director of the NGO Gender and Development for Cambodia, said that having women representatives is important to making Cambodian culture more equitable.

"If you don't have women on the councils, how can you change the mindset of a patriarchal society?" she asked.

According to Comfrel's report, 94 percent of women voters in Kandal, Takeo and Kampong Thom provinces want more women to stand for election.

Many of the women in the Comfrel survey said that female leaders would be better able to solve problems of discrimination, violence, rape and human trafficking.

Ho Naun, a female parliamentarian for the ruling Cambodian People's Party, said Tuesday that the CPP's female candidates will become leaders and educators when they are elected, making it easier for men and women to communicate with each other in the political realm.

"If women become representatives - from the local level to the highest level - they can help women in their work and solve their difficulties. Women are mothers and can forgive each other," Ho Naun said.

In its report, Comfrel said that 53 percent of voters in 2008 were female, but in Sunday's election, only commune councillors can vote, the majority of which are male.

Ros Sopheap said at the commune council level especially, there needed to be more women, as many councils do not have a single female participant.

"We have 52 percent of the population in Cambodia, but our level of representation is less than men," she said.

"If women have more a voice on the councils, men will see that [what women want] is important."

ADDITIONAL REPORTING BY CHRISTOPHER SHAY

PMT crash relatives to wait year for settlement

The Phnom penh Post
http://www.phnompenhpost.com/

Written by Kay Kimsong
Wednesday, 13 May 2009

COMPENSATION claims by families of the 22 victims of the PMT Air crash in Kampot could be delayed another year, as airline management and legal officials discuss how to settle the claim, Mao Havannal, secretary of state at the State Secretariat of Civil Aviation (SSCA), said Tuesday.

The Russian-made Antonov-aircraft crashed into the side of a mountain in June 2007 while carrying mostly South Korean tourists from Siem Reap to Sihanoukville.

It was thought the wrangle would be resolved two weeks ago at meetings chaired by the SSCA between lawyers for the victims, airline officials and the undisclosed insurance company.

But the SSCA said it had failed to invite the relevant parties to the talks, meeting only with government lawyers to determine the legal jurisdiction of the settlement.

"First we had to meet with our internal experts and legal team to study the case properly," Mao Havannal said.

He confirmed that payouts would be made in accordance with Cambodian law, not international law, but suggested legal avenues would be pursued as a last resort if roundtable negotiations failed.

Victims' families expressed hopelessness after being excluded from negotiations.

"There is no sign that I will get any money, but we will never forget what happened," said An Sim, cousin of air hostess Top Chanthu. PMT President Sar Sareth could not be reached for comment.

Hanging out

Photo by: Tracey Shelton

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by Tracey Shelton
Wednesday, 13 May 2009

Cambodian soldiers use their mobile phones while relaxing near the front lines at Preah Vihear temple earlier this week. As a political wrangle over disputed territory near the 11th-century monument deepens, the mood at Preah Vihear appears to have returned to one familiar with troops worldwide: boredom.

World oil price increase felt at Cambodia's petrol pumps

Photo by: Tracey Shelton
Pump attendants work at a garage in Phnom Penh in this file photo.

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by Kay Kimsong
Wednesday, 13 May 2009

Increase in world oil price well above $50 a barrel impacts on Cambodian fuel – all of which has to be imported – with further price rises expected

PETROL prices in Phnom Penh have jumped by up to 200 riels (4.8 US cents) per litre in the past week, with petrol companies and analysts saying motorists should expect further increases as global petrol prices continue to have a knock-on effect at the petrol pump.

Since February, international prices for crude oil jumped from a year low of US$45 to $58 per barrel - a rise of nearly 30 percent.

With Cambodia still importing 100 percent of its oil products, the country remains susceptible to global market fluctuations, according to oil analyst Bin May Mialia. But although stockpiled, low-cost oil derivatives had so far helped offset the sharp rise in global crude oil, petrol prices were expected to increase as these reserves were depleted.

"We have seen an increase of only about 100 or 200 riels because we can mix newly imported gasoline with what we have in storage, but prices could increase higher if they keep importing the newly priced oil," he said. "Even if the price remains stable at $58 next week, you might see price of gasoline and diesel increase by 200 or 300 riels more."

Heu Heng, deputy director general for Cambodian petrol giant Sokimex, said his company had increased prices by 50 riels per litre at the pump, to around 3,400 riels for "gold" grade gasoline.

"It is normal that when the price of international crude oil increases, we increase our prices, too, because we import everything from outside," he said. "We cannot predict the international oil price, but when it is down we will drop down as well."

According to government statistics, retail prices for gasoline increased from 2,950 to 3,350 riels per litre last week - an increase of over 13 percent - while diesel rose from 2,850 to 2,950 riels over the same period.

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We can mix newly-imported gasoline with what we have in storage.
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But Rong Chhun, president of the Cambodian Independent Teachers Association, which has lobbied the government to introduce fuel subsidies, told the Post that high petrol costs were a result of price gouging by distributors, and called on the government to monitor pump prices to ensure they remain fair for Cambodians.

"Prime Minister Hun Sen appealed often to private companies to lower the price of gasoline, but it only works for a short time," he said. "As prime minister of the country, [he] has to issue a strong order to private companies. Even if there is a free-market policy, it still needs to be managed by the government."

Sam Rainsy Party lawmaker Yim Sovann said the price increase was a result of of the retail petrol sector operating as a cartel, and that the biggest petrol retailers have "formed a team" to set artificial prices. He said Cambodia also taxed gasoline at the rate of 1,000 riels per litre, and called on the government to abolish the tax - a measure that would benefit economic development as well as the poor.

"The high price of gasoline and diesel will drive out investors from Cambodia, and we will face challenges from competitors," he said. "I think investors and people are both facing the same problem once goods prices increase and lead people into poverty."

Building gamble puts casino on shaky ground, experts say

Photo by: TRACEY SHELTON
Experts claim that Cambodia’s inadequate building regulations have left the NagaWorld complex on shallow foundations.

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by Tom Hunter
Wednesday, 13 May 2009

NagaWorld denies cracks in building’s interior are structural, but experts say foundations not deep enough to support 14-storey hotel and casino

Experts fear a culture of cost-cutting is undermining the quality of some of the city's newest structures as developers build in a vacuum of regulations and construction industry standards.

Sam Maity, the construction team manager at Runs and Walks Co, a consultancy firm that works with several South Korean developers, singled out the NagaWorld casino complex, saying the recent addition of new floors had taken the development beyond the load-bearing capacity of its foundations.

"NagaWorld originally did not plan to build 14 storeys," Sam Maity said. "They've overloaded the foundation, causing some areas to crack."

He said Nagaworld's foundations were just 14 metres deep, but a soil analysis recently completed by Runs and Walks in the adjacent block showed bedrock there did not start until 40 metres.

"The NagaWorld foundations should have been between 35 and 40 metres deep, not 14 meters," Maity said.

The casino and hotel complex is located along the riverfront in Phnom Penh's Tonle Bassac area. The area was reclaimed from the river, meaning the surface soil is soft.

But Steve Cheng, general manager at NagaWorld, refused to reveal the technical details of the building's structure, adding he "was not sure how deep the foundations were".

An extension of the complex was almost complete, he said, but acknowledged the opening had been delayed as the company was fixing refurbishing defects such as "cracks in the paintwork".

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Most clients don’t want to spend money on the proper soil investigations.
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He denied the cracks were structural. "We meet the structural requirements of Cambodia," Cheng said.

A new Australian embassy being built in an adjacent plot has piles 60 metres deep, according to one of the building's designers. "Structurally it is entirely sound," said Thomas Zazworka, who now works at ATTA Structural Engineering & Consulting, adding that the embassy was similar in its load to a large three-storey villa.

Money worries
"The issue is - and it's not only here in Cambodia - that most clients don't want to spend money on the proper soil investigations," Zazworka said, adding that even if the soil report showed deeper foundations were needed, many were reluctant to spend the money.

"In Europe we have rules, but here we don't," he added. "Whether or not a client goes about things the right way depends on how much money they want to spend. Clients here generally want a structure put up as quickly and cheaply as possible."

Because Cambodia has no set building code, builders and architects have the discretion to follow any other recognised international standard, or ignore standards altogether.

Andre Van Bijsterveld of Royal Haskoning Group Cambodia, an engineering consultancy, said Cambodia needed to develop a proper building code referencing recognised international standards.

"The quality of the building depends on how much the owner wants to spend; it depends if they want to stick to international standards or if they just want to build a building," he said. "Nobody is going to check if you save money by lowering safety standards. You can do whatever you like, no one cares."

The 32-storey Canadia Tower may also be suffering from structural problems, with inadequate preparation causing basements to flood.

"There is no doubt the Canadia Bank building has some problems," Thomas Zatzworka said. "I was in there recently, and the whole basement is a swimming pool."

Charles Vann, the executive vice president of Canadia Bank, said there were "no problems that he knew of" and that the new building was on schedule to open at some time after July. He said that no date had been set for the opening, though the bank's website indicates it is targeting September 9 this year.

Zatzworka said that problems arose depending on who was in charge.

"Take two structures: The [Gold Tower 42], independently built by South Koreans, adhering to South Korean standards; it's safe. And then you have the Canadia Bank, designed by Thai company PBL but built by local Cambodian contractors. Two buildings built to two different standards," he said.

Im Cham Rong, the general director of the Department of Construction within the Ministry of Land Management, said the private sector needed to be responsible for its own developments until such time as the ministry could develop a building code.

"We are trying to implement standards, but we don't have enough human resources," he said. "I think the private sector, the buildings' owners and the construction companies have their own responsibilities about any problems that occur with a buildings construction.

Im Cham Rong said he was not familiar with any specific buildings with structural problems in Phnom Penh.

Training to sustain life

Cori Parks (right) during a first-aid training course last year in Phnom Penh.
PHOTO SUPPLIED

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by Nora Lindstrom
Wednesday, 13 May 2009

An increasing number of people are attending CPR courses that organisers say aim to make people confident enough to take action during a crisis

Learning first aid in Cambodia or anywhere in the world, for that matter, is not a priority for most people. However, in a country where health professionals can be few and far between, learning basic first-aid skills can save lives and reduce lasting injuries.

Many people express an interest in first aid, but most are reluctant to put the time into learning the skills, says Cori Parks, who runs first-aid courses in Phnom Penh.

That is, until something happens and they realise it could have been them or their loved ones, she says.

"You make a choice to come to Cambodia, to raise your children outside of a 911 emergency response system. Consequently, you should prepare, not just wait until something happens," Parks said.

A personal trainer by profession, Parks is required to know first aid and decided that the best way to stay up-to-date with new developments in the field was to become a certified instructor herself.

"My desire to be an instructor really hit home when a neighbour's child died from choking while under the care of a nanny. It was really shocking to me that nannies didn't know what to do," she said. "I hate to say it, but in my experience, when there's a big catastrophe, my business shoots through the roof."

Sustaining life
The eight-hour course offered by Parks costs US$60 per person and covers topics such as rescuer safety, medical emergencies, injury emergencies and environmental emergencies. In addition, there is a hands-on practical component to the course and CPR training.

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For the most part, with first aid you’re not giving medical care. you’re sustaining life.
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Upon completion, participants receive an internationally recognised two-year certification from the American Heart Association.

Parks said it is important to make people confident enough to take action in emergency situations and seek qualified help.

"For the most part, with first aid you're not giving medical care. You're sustaining life until medical care can happen," she said.

Dr Nick Walsh from International SOS Medical Clinic, which also runs first-aid courses, agrees.
The majority of accidents, such as burns and bleeding, happen in the home, he said.

"The aim of first aid is to minimise damage to the victim. The patient is going to benefit from your presence and your training. It's not about saving lives, as the patient may be untreatable. It's about helping someone until they get to an appropriate medical facility," he wrote in an email.

Courses at SOS start from $100 per person for a two-day course and are offered for both groups and individuals. They are taught in either Khmer or English by clinic staff, who use first-aid skills regularly in their work.

To maintain standards, participants do not automatically qualify for a two-year certificate following completion of the course.

"Not all will pass if they do not meet certain criteria," Walsh wrote.

General knowledge
The Cambodian Red Cross also offers courses in Khmer aimed mainly at schools, companies and organisations that want their staff to have basic first aid skills. More than 6,500 individuals have completed the course since its inception in 2000.

The three-day course costs US$30 per person and covers all standard subjects from theory to interactive skills practice. Upon completion, participants receive certification valid for one year. Later, they can gain a permanent certificate valid throughout Southeast Asia.

Kor Heng, who runs the courses, says most people in Cambodia have very limited knowledge of first-aid measures.

"Sometimes, people try to do CPR by compressing on the chest, but really they have no idea what to do or how [to do it]. Every so often, people also put soy sauce or toothpaste on burns, but this does not benefit the victim," he said.

A large part of the work of the Red Cross is to promote correct ways of responding to both small and large emergencies.

Chenda Ban, a third-grade assistant teacher, recently took part in a course held by the Red Cross at her school.

"In the classroom, if someone has an accident, I need to know how to help them. It makes me feel proud to know what to do now," she said.

For information, contact

Cori Parks at lifestylecori_ography@yahoo.com
Kor Heng at cfa@redcross.org.kh
or contact the International SOS medical clinic.

Defamation suits affect freedom of expression

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by Sreang Chheat
Wednesday, 13 May 2009

Dear Editor,

It is becoming very obvious now that these defamation lawsuits will have a great impact on freedom of expression in Cambodia.

Lok Chumteav Mu Sochua, a member of Parliament from Sam Rainsy Party, lodged a defamation lawsuit against Prime Minister Hun Sen on April 23, 2009.

Then Hun Sen's lawyer, Mr Ky Tech, former president of the Cambodian Bar Association, responded by countersuing her and then her lawyer for defamation.

On the positive side, it is great that Chumteav Mu Sochua dares to sue Hun Sen, who is considered by many as a powerful leader.

Such courage hopefully serves as a precedent for the general public in Cambodia that, legally, they can lodge a complaint against their leader if they find that their rights have been violated.

However, the longer-term effect of this case is very deleterious to the current situation of freedom of expression in Cambodia.

Mr Hun Sen does not bow down to anyone; nor does he bow to Mu Sochua's legal threat.

In response, he even sues her lawyer, who might be soon disbarred if the legal confrontation between the two parties continues.

As a matter of fact, freedom of expression in Cambodia, including that of the lawyer, is very much marred by the restrictive legal framework.

The case of Mu Sochua versus Hun Sen is another test of the court's competence and independence.

It has been observed that defamation charges provided for in the 1992 UNTAC law are mainly used by politicians to silence their critics and journalists, and the court's decision is very often made in favour of the powerful ones.

There is a consensus that criticising the government or high politicians in the government might risk defamation charges.

In December 2005, eight well-respected human rights advocates were arrested and detained for defamation, disinformation and/or incitement.

A few more are seeking asylum in the West, while journalists have also been charged of defamation.

Even though there is hope that defamation will be decriminalised in the newly drafted criminal code, the case of Mu Sochua versus Hun Sen poses a great threat to free expression in Cambodia.

Sreang Chheat
Cambodian Centre for Human Rights
(CCHR)

Police Blotter: 13 May 2009

The Phnom Penh Post
http://www.phnompenhpost.com/

Written by NETH PHEAKTRA
Wednesday, 13 May 2009

WOMAN ATTEMPTS SUICIDE, INFANTICIDE
A woman carrying her 7-month-old daughter attempted suicide by jumping off the Chroy Changvar bridge in Prey Veng province on Monday. The 20-year-old woman told police that she was a victim of domestic violence and that her husband did not give her enough money for her daily needs.
RASMEY KAMPUCHEA

MAN HELD IN GANG-RELATED KILLING
Police have arrested and charged a man involved in a dispute between two rival gangs. He is suspected of fatally stabbing Morn Kea, 24, on Saturday. Two groups from different villages were dancing in the same pagoda when the fight erupted in Boribo district, Kampong Chhnang province.
RASMEY KAMPUCHEA

10-man gang held on theft charges
On Saturday the Phnom Penh police arrested 10 men on suspicion of multiple robberies and drugs charges. Police said that three of the suspects have confessed to stealing eight motorbikes, three televisions, rice and US$700 in Tuol Kork district. No official charges have been filed.
RASMEY KAMPUCHEA

MAN CONFESSES TO GIRL’S RAPE
Ret Run, 22, has confessed to raping a 13-year-old girl in Mong Russei district, Battambang province, on Friday. The man admitted to raping the girl three times while she went into the field to look after cows. He told police that the father knew of the incidents and said that he had paid the girl 5,000 riels (US$1.25). Police have charged the man under Article 42 of the Anti-human Trafficking Law.
KAMPUCHEA THMEY

BLIND MAN HELD ON MURDER CHARGE
A blind man wanted on murder charges was arrested on Friday in Somrong Torng district, Kampong Speu province. Hun Nop, 21, was one of a group of eight suspects wanted by Kampong Speu police for a December 2008 killing.
KAMPUCHEA THMEY

AUSTRALIAN TOURIST DIES ON MOTORBIKE
Chok Soeung, a Khmer expatriate who lived in Australia, was killed in a road accident on Friday while visiting Cambodia. The man’s motorbike was struck from behind by a Hyundai while travelling on National Road 5 in Pursat province.
KOH SANTEPHEAP

Beauty Talk: False eyelashes

The Phnom Penh Post
http://www.phnompenhpost.com

Written by Nora Lindstrom
Wednesday, 13 May 2009

NEWCOMERS to Phnom Penh often marvel in disbelief at the widespread use of false eyelashes in the capital, but really, our Cambodian sisters have for some time been well ahead in their fashion sense in this department.

Word has it false lashes are currently all the rage from London to New York, to the extent that "lash labs", salons focusing solely on getting those extensions on, are springing up in the middle of a recession.

Mascaras have long promised us fuller, thicker, wider, longer and more beautiful lashes. Though they, of course, serve a purpose, they don't live up to the durability of false lashes - particularly not in a hot country like Cambodia, where anything applied to your eyes is likely to end up on your cheeks after a few minutes anyway.

Falsies are essentially available in two formats - fakes and extensions.

The former is what you generally see at weddings, the thick strips of fake eyelashes glued onto the eyelids. Most local beauty parlours offer these for a buck or two.

Attaching them involves the beautician cutting a strip of lashes (hopefully) to size, applying glue on it and attaching it to your eyelid. It's a fairly straightforward and easy procedure, though the result can sometimes be a bit wonky.

A more proactive hands-on approach is to buy your own set of fake lashes at the market and try DIY application, which may or may not achieve better results.

Whichever way you go, the lashes rarely last the night and are often also rather heavy on your eyelids.

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WITH CLING FILM SCRATCHING YOUR EYE, THE APPLICATION OF THE LASHES IS HARDLY NOTICEABLE.
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The second option is eyelash extensions. The difference between fake lashes and extensions is that the latter are glued not onto your eyelids but onto the lashes themselves.

This procedure takes significantly longer and involves a whole lot more poking in the eye.

To start with, the beautician needs to separate your lower lashes from your upper ones, to ensure she doesn't glue your eyes shut.

Given that your eyes are shut during the procedure, the cling film that is applied over your lower lashes to keep them from touching your upper ones invariably goes into your eye.

With cling film scratching your eye, the actual application of the lashes is hardly noticeable. Fast forward an uncomfortable hour-and-a-half, and you are lash-tastic.

Think spider eyes, Twiggy and Liza Minelli. You may have some trouble wearing shades with the extra lengths on, but otherwise you can barely feel them.

Surprisingly, not many places in Phnom Penh do eyelash extensions. In fact, many top-end salons consider it bad for the lashes - nice for a few weeks, but really not fun once your lashes start falling out.

Some of the small hair and beauty salons in Sorya Mall, as well as Christina's Beauty Salon on Sihanouk Boulevard, couldn't care less. Here the customer is king - well, queen - and lash-tasticity is on the menu, though it doesn't come cheap. Set aside US$25-$30 for the treatment.

People say eyes are the windows to the soul. Surely every window deserves good curtains?

The Phnom Penh Post News In Briefs

In Brief: PM to go Seoul

Written by Sam Rith
Wednesday, 13 May 2009

PRIME Minister Hun Sen will head to Seoul on May 31 the Ministry of Foreign Affairs confirmed Tuesday, on a five-day visit that will focus on South Korean investment in the Kingdom. The trip is scheduled to include a meeting with potential investors, Koy Kuong added: "Samdech will take that time to attract investors." Hun Sen is also scheduled to sign a memorandum of understanding on mineral exploration with South Korean President Lee Myung-bak. South Korean investment in Cambodia fell to US$472.89 million in 2008 from $629.49 million in 2007.


In Brief: RDB wins award

Written by NGUON SOVAN AND HOR HAB
Wednesday, 13 May 2009

THE Rural Development Bank (RDB) has won an award from the Association of Development Financing Institutions in Asia and the Pacific (ADFIAP), the bank's chairman and CEO said Sunday. The local economic development project award, presented to the bank at the ADFIAP's annual awards ceremony in Muscat, Oman, on April 28, was awarded for a US$5 million strategic commodity rice project in Battambang and Banteay Meanchey provinces.

April border clash site is on Thai territory : Thai FM spokesman

Wed, May 13, 2009

By The Nation
http://nationmultimedia.com/

Cambodia could not ask for compensation from Thailand for border clash in April because the clash site is on the Thai territory, Thai Foreign Ministry's spokesman Tharit Jarungwat said.

The clash site is on Thai territory which was illegally occupied by Cambodian civilians, he said, adding the Thai authorities are lenient enough to allow them to do business there for the sake of good relations between the two countries and for humanitarian reasons.

Tharit was referring to Cambodia's demand for the Thai side to pay Bt69 million in compensation for damage allegedly caused by heavy weapons from the Thai army used during the border clash on April 3 near Preah Vihear Temple.

Cambodian Foreign Ministry Monday sent a diplomatic note to Thailand, asking for the compensation. It said the gunfire destroyed 264 stands at a market in front of the temple, affecting 319 Cambodian households.

The Thai foreign ministry will send a letter to Cambodia to reaffirm its stance on the issue, the spokesman said, noting that Thailand had earlier clearly asserted that the area in question belongs to Thailand.

Asked if Thailand would seek compensation from Cambodia for damage on the Thai side, the spokesman said the ministry's Department of Treaties and Legal Affairs is looking into the matters.

Thai deputy PM: Thailand fully ready to host ASEAN Summit and Related Summits in mid-June

Philstar

http://www.philstar.com

May 12, 2009

BANGKOK (Xinhua) - Thailand is fully ready to host the ASEAN Summit and Related Summits in mid-June, however, the timing for the Summits has not been finalized yet, said Suthep Thaugsuban, Thai Deputy Prime Minister in charge of security affairs said today.

Suthep also said that the ASEAN and dialogue partner countries can have their own armed men to protect their leaders during the ASEAN Summit and Related Summits in Thailand, but the matter must be managed under an agreement,

Meanwhile, Suthep said that the Thai government would enforce the Internal Security Law to ensure security during the ASEAN Summit and Related Summits.

The Internal Security Law, issued by the military-backed National Legislative Assembly in 2007, empowers the prime minister to turn to the military to maintain order. Moreover, the government does not need to make an announcement prior to enforcing it.

The Law would ensure that chaos occurred during the ASEAN Summit and Related Summits in Pattaya earlier in April would not be repeated, said the Thai Deputy Prime Minister.

The 14th ASEAN Summit and Related Summits were initially scheduled to be held on April 10-12 in a hotel in Thai resort town of Pattaya, however the summit was canceled on April 11 due to Thai anti-government "red-shirt" protestors stormed into the venue.

This year Thailand is the rotating chairman of the ASEAN, which consists of Brunei, Myanmar, Cambodia, Laos, Indonesia, Philippines,Malaysia, Singapore, Thailand, and Vietnam.

ASEAN's dialogue partners are China, Japan, South Korea, India, Australia, and New Zealand.

Thailand's government has proposed to the other ASEAN leaders and dialogue partner leaders to host the ASEAN Summits during June 13-14 in Thailand's southern province of Phuket.