Theatrical charity

SX

Written by Peter Hackney
Wednesday, 21 January 2009

A highlight of this year’s Mardi Gras Festival will also benefit a worthy cause, actors Joy Smithers and Andrew McFarlane tell Peter Hackney.

When Australian screen and stage veteran Joy Smithers caught up with SX in June last year, she was promoting a charity with which she is heavily involved: Hope for Cambodian Children, a facility for HIV-positive orphans in Cambodia’s Battambang province, established by Midnight Shift owner and former AIDS Trust of Australia governor, Tim Berry.

Fast forward to today and Smithers is again appealing to the community to support the project – but this time with a twist. On Friday, February 20, Sydneysiders can assist just by having a great night out at the theatre: Smithers has teamed up with fellow actor Andrew McFarlane, director Zoe Carides and producer Mark Eldridge to present a production of A.R. Gurney’s Love Letters at the Factory Theatre, Enmore, as part of the 2009 Sydney Gay and Lesbian Mardi Gras Festival. All money raised will go directly to the Hope for Cambodian Children Foundation.

“It’s a really worthwhile charity because we take the people that nobody else wants,” Smithers tells SX. “We take HIV-positive orphans, which a lot of Cambodian orphanages won’t do; we take physically and mentally disabled children; we take babies – a lot of the orphanages won’t do that because such high-level care is required; and we have a lot of boys. Many people won’t take boys because they can’t sell a boy into prostitution.”

Smithers, best known for long-term stints on All Saints and Home and Away, her role with Nicole Kidman in Bangkok Hilton, and a raft of stage productions, says that not only will theatregoers be supporting the cause, but they’ll be treated to “a beautiful story” too.

“Love Letters is about two people who write to each other as pen friends over the course of a lifetime,” she explains. “It follows them from childhood through to old age, and it’s a very touching, very moving work. It’s romantic, it’s tragic, it’s funny – it’s brilliant.”

McFarlane, Smithers’ love interest in the play, is equally enamoured of the production.

“It’s a beautiful piece,” he agrees. “It’s unique in that it’s not performed as a normal play. It’s two actors behind two separate desks and they communicate with each other and to the audience by reading the letters aloud. They’re either reading a letter they’ve received or reading one they’re sending to the other.

“You might think, ‘How will that work?’, but in actual fact it comes alive emotionally and imaginatively in front of an audience.”

Like Smithers, McFarlane is pleased to be performing a work which benefits Hope for Cambodian Children – and feels particular resonance with the HIV/AIDS cause as a gay man who’s lost friends to the disease.

The star of Australian dramas The Sullivans and The Flying Doctors, soon to appear in the new series of Underbelly, recalls being in his late twenties and early thirties when HIV/AIDS first struck these shores.

“Friends and acquaintances started getting infected or in fact, dying ... In those early days it was so dramatic because people had no idea what to do,” he recalls.

“It’s satisfying to be able to use my craft to help people affected by this disease,” he muses.

Smithers adds that, as Australians, we have a moral duty to help people suffering on our doorstep in less fortunate countries.

“I’ve spent many beautiful holidays over the years in Asia and I just think, ‘Come on, Australia! You can’t just go over there and enjoy their beaches, and the cheap airfares and food – you’ve gotta give something back!

“I believe absolutely in my heart that it’s our responsibility to do something.”

The long road towards the creation of a specific code of procedure for international criminal courts

Kambol (Cambodia, Phnom Penh). 11/11/2008. Mock trial organised by the ECCC Defence Support Section (DSS) for Law students

© John Vink/ Magnum

KA-SET

By Stéphanie Gée
20-01-2009

A man called Jean-Jacques Gandini, an associate professor in French Literature, found himself standing before the Khmer Rouge Tribunal on November 26th last year, and was asked to answer for his verbal assault of public officials in the course of their duty... A much incongruous trial, held in premises intended for the hearings of senior leaders and criminals of Pol Pot's regime. The mock trial, performed by lawyers from the Montpellier Bar Human Rights Institute (in the South of France) was used as a test-trial, which turned out to be successful, to check the functionality of courtroom technical equipment but most importantly, to give an example of the French legal system, based on Romano-Germanic Law (Civil Law), but also of the Cambodian system which prevails within the Extraordinary Chambers in the Courts of Cambodia (ECCC), right beside International Law, elaborated on the basis of the Anglo-Saxon system (Common Law). Two legal systems, a single court... quite a headache for whoever deals with the mix.

A mock trial meant to throw light on many an issue

The Gandini case is based on a real trial, conducted under the principles of Criminal Law, and was examined by the Montpellier Criminal Chamber a few years ago, in which the Defence lawyer was actually François Roux, the French co-Lawyer for Duch, the former director of the S-21 torture centre, first on the list of the Khmer Rouge trials before the ECCC. However, the rules of French Law for the case procedure were slightly bent - and authorised - for the occasion so as to add to the impact of the trial within the ECCC: a “protected” witness was thus added, and his/her identity was concealed and protected. The French lawyers, who are none other than Francois Roux's colleagues from the same Bar, happily stood in the shoes of the different parties present at the trial.

The case: Events happened in the defendant's hometown, in the evening - to justify his intervention as the police proceeded to what he thought was an unfairly tough way of taking people in for questioning, a professor, speaking with composure and poise, pleads the state of lawful rebellion on the part of a citizen. He denies the charges pressed against him by three policemen, alleging he hurled insults at them. The defendant is discharged. In a matter of seconds, the “actors” left their part and went back to sit among the audience, mainly composed of Cambodian Law students and ECCC personnel. After the practical demonstration, the debate was opened. The aim, as explained, is not to “give a lesson” but to “take part in a common reflection”: how can different legal systems possibly work together?” Between Civil and Common Law, “the one is just as good as the other”, and the ECCC, basing its fundamental system on both, must therefore “invent something together”.

"See what works best"

The initiative was launched by the ECCC Defence Support Section (DSS), led by its acting head Richard Rogers. The hybrid court, established in Phnom Penh, has now been operating since 2006 but the union of the two legal systems still raises questions on both sides.

“The new Criminal Procedure Code of Cambodia (CPC) came into force in the country during the summer 2007 and is based on the French Penal Code. This gave rise to the idea of a mock trial organised along the lines of Civil Law”, Richard Rogers explains, pointing out that several elements of International Law, like the protection of witnesses, will be added to Civil Law in the ECCC. For him, “there is no fight” between those guided by Civil Law principles and those rather based on the Common Law system, but just a group of people “coming from different backgrounds, who think together to see what works best for serious cases coming under the responsibility of an International Criminal Court, within Cambodian context”.

Combining systems with a view to reduce trial length

“Many of the Common Law jurists who came here do not know the Civil Law system. Some see it positively while others approach it with more stiffness. This is why we thought about holding a criminal trial along the lines of Civil Law”, François Roux says. “There are Codes, rules, which allow everyone to express themselves according to different Common Law procedures but which also tend to reach the same result in the end, i.e. the manifestation of truth - this is what we are seeking - and therefore of justice. I still fundamentally believe that differences are not that major...”

The French co-Lawyer for Duch reckons that “International Criminal justice deserves trials to be held “within a reasonable amount of time”. “Here, we have the opportunity to test a system other than what is followed by other International Criminal Courts, so let's test it! In the end, we will obviously see whether it is better, not better, or worse! But if we notice that with that adaptation of both systems, we really do improve the length of these trials, then I think everyone will come off better.” The hard challenge, he continues, lies in “the way that we, today, can build up a new international Criminal Law system to allow trials to be held within reasonable periods of time, and trials which civil parties will attend and take part in, trials in which the defendant – and this is my wish here – will always be allowed to speak last”.

Does Cambodian procedure have to have the last word?

In the Preamble to the Internal Rules , the ECCC indeed explain that the purpose of the document is “to consolidate applicable Cambodian procedure for proceedings before the ECCC and […] to adopt additional rules where these existing procedures do not deal with a particular matter, or if there is uncertainty regarding their interpretation or application, or if there is a question regarding their consistency with international standards”. However, in practice, this calls for several interpretations. On many occasions, during Pre-Trial Chamber hearings, parties disagreed on the question as to whether the court should be guided by Cambodian procedure or rather refer to the ECCC Internal Rules.

Thus, on February 25th 2008, the Defence Team for Nuon Chea appealed against the Order refusing the Request for Annulment by the Office of the co-Investigating Judges (OCIJ), claiming that Cambodian procedure, i.e. the Criminal Procedure Code of Cambodia (CPC) had priority in this case. Co-Lawyers for the civil parties then decided to deal with the issue by supporting, in form rather than substance, the argument of the Defence. They called the pre-Trial Chamber to reconsider its decision dated August 28th 2008 regarding the relationship between the Internal Rules and the CPC, and stated that the latter must constitute the primary instrument in the proceedings, before the Internal Rules.

Indeed, the pre-Trial Chamber (PTC), emphasising the exceptional context of the ECCC, asserted that the Internal Rules constituted “the primary instrument to which reference should be made in determining procedures before the ECCC where there is a difference between the procedures in the Internal Rules and the Criminal Procedure Code”. The PTC then considered that “the provisions of the CPC should only apply where a question arises which is not addressed by the Internal Rules”. It is true that at the time of the adoption of the Internal Rules in June 2007, the CPC was not effective yet – it came into force in August 2007 – but, as pointed out by lawyers for civil parties, “the draft of the CPC, which was very similar to the ultimately enacted law, was already available”. They added that the CPC had already been adopted by the National Assembly during the June 2007 plenary session.

Legitimacy of the ECCC Internal Rules called into question

Silke Studzinsky, the German lawyer for the civil parties at the ECCC, claims that the Criminal Procedure Code of Cambodia should be implemented in accordance with the Agreement between the United Nations and Cambodia, and with the ECCC Law and quotes Article 33 (new) of the Law on the establishment of the ECCC: “If the existing procedures do not deal with a particular matter, or if there is uncertainty regarding their interpretation or application or if there is a question regarding their consistency with international standard, guidance may be sought in procedural rules established at the international level”. By emphasising this aspect, Silke Studzinsky questions the legitimacy of the Internal Rules, drafted by her judiciary personnel during the plenary session(* ), which, she points out, was not subjected to any vote at the National Assembly of Cambodia. Thus, she suggests the question of hierarchy of rules and rights within the hybrid court be closely looked at again.

“The plenary session has no authority over the adoption of the Internal Rules which represent an independent system of legal procedure. However, in Cambodia, the National Assembly alone holds legislative power. Neither the Agreement establishing the ECCC nor the ECCC law delegate such legislative power to the plenary session. Even if the Internal Rules are valid, they come under the Criminal Procedure Code of Cambodia”, the lawyer details, reminding that practices are much different in International courts like the ones in Rwanda, Sierra Leone or former Yugoslavia, where a provision was created to allow judges to adopt their own procedural rules.

“Therefore, we expect judges to be creative”, Silke Studzinsky says, “since it is the first time they have to deal with so many victims. The solution, however, is not to restrict their rights by giving the Internal Rules priority over the Criminal Procedure Code, but to enforce them. This might serves as a pattern for future international courts.”

The debate over the hierarchy of procedures was already held by other international UN courts and might appear before the future Special Tribunal for Lebanon, due to start works on March 1st. The tribunal was also formed following a hybrid pattern applied to a country, in this case Lebanon, in which the legal tradition is that of French Law. After fifteen years and the creation of international jurisdictions, the international criminal justice system is still feeling its way along a winding path and trying to elaborate a code of procedure that would be specific to this type of crimes. But for the time being, these courts have not yet found a solution to organise trials within “a reasonable amount of time”...

* Participants at the plenary session: co-Investigating Judges, Judges of the Chambers, co-Prosecutors, the director of the Defence Support Section, head of the Victims Unit, head and deputy head of the ECCC Office of Administration. However, as stipulated in Rule 18 (3b) of the Internal Rules, only the co-Investigating Judges and Judges of the Chambers are entitled to vote on therules contained in Chapter III (Rule 21 to 114) regarding the procedure.

Vietnam: Halt Abuses of Ethnic Khmer in Mekong Delta

Human Riaghts Watch

Government Suppresses Peaceful Protests for Religious, Cultural, and Land Rights

January 21, 2009

(New York, January 21, 2009) - The Vietnamese government should immediately free Khmer Krom Buddhist monks and land rights activists in prison or under house arrest for the peaceful expression of their political and religious beliefs, Human Rights Watch said in a report released today. The Khmer Krom is a large ethnic group in the Mekong Delta that is central to Vietnam-Cambodia relations.

The 125-page report, "On the Margins: Rights Abuses of Ethnic Khmer in Vietnam's Mekong Delta," documents ongoing violations of the rights of the Khmer Krom in southern Vietnam and also abuses in Cambodia against Khmer Krom who have fled there for refuge. Wary about possible Khmer Krom nationalist aspirations, Vietnam has suppressed peaceful expressions of dissent and banned Khmer Krom human rights publications. It also tightly controls the Theravada Buddhism practiced by the Khmer Krom, who see this form of Buddhism as the foundation of their distinct culture and ethnic identity.

"Vietnam's response to peaceful protests provides a window into the severe and often shrouded methods it uses to stifle dissent," said Brad Adams, Asia director at Human Rights Watch. "The government should be trying to engage in dialogue with the Khmer Krom, rather than throwing them in jail."

Drawing on detailed interviews with witnesses in both Vietnam and Cambodia, the report shows that Khmer Krom in Vietnam face serious restrictions on freedom of expression, assembly, association, information, and movement. In researching this report, Human Rights Watch came into possession of internal memos circulated by the Communist Party of Vietnam and Vietnamese government officials outlining their concerns about unrest among Khmer Krom in the Mekong Delta and strategies to monitor, infiltrate, and silence Khmer Krom activists. The documents are included in an appendix to the report.

"The official documents we publish today lay bare the efforts by the Vietnamese government to silence critics," said Adams. "This is bare-knuckled, indefensible political repression."

"On the Margins" provides a rare, in-depth account of a protest conducted by 200 Khmer Krom Buddhist monks in Soc Trang province, Vietnam, in February 2007. Protesters called for greater religious freedom and more Khmer-language education. Although the protest was peaceful and lasted only a few hours, the Vietnamese government responded harshly. Police surrounded the pagodas of monks suspected of leading the protest. Local authorities and government-appointed Buddhist officials subsequently expelled at least 20 monks from the monkhood, forcing them to defrock and give up their monks' robes, and banishing them from their pagodas. The authorities sent the monks back to their home villages and put them under house arrest or police detention, without issuing arrest warrants or specifying the charges against them. During interrogations, police beat some of the monks.

In May 2007, the Soc Trang provincial court convicted five of the monks on charges of "disrupting traffic" and sentenced them to two to four years of imprisonment. Some of the monks were beaten during interrogation. After the demonstrations, the authorities instituted stricter surveillance of Khmer Krom activists, restricted and monitored their movements, banned their publications, and monitored their telephones.

The report also examines rights abuses of Khmer Krom who have moved to Cambodia, where they remain among Cambodia's most disenfranchised groups. Because they are often perceived as ethnic Vietnamese by Cambodians, many Khmer Krom in Cambodia face social and economic discrimination and unnecessary hurdles to legalizing their status.

The Cambodian government has repeatedly stated that it considers the Khmer Krom to be Cambodian citizens. Yet the Cambodian authorities often react harshly when Khmer Krom become too critical of the Vietnamese government, a close ally of the Cambodian government. In 2007, Cambodian police forcefully dispersed a series of protests in Phnom Penh by Khmer Krom monks denouncing the rights abuses they had experienced in Vietnam.

In February 2007, a Khmer Krom monk, Eang Sok Thoeun, was killed in suspicious circumstances after he participated in a protest in Phnom Penh. In June 2007, Cambodian authorities arrested, defrocked, and deported to Vietnam a Khmer Krom activist monk, Tim Sakhorn, who was sentenced in Vietnam to a year in prison. Human Rights Watch called on the Cambodian government to investigate thoroughly the killing of Eang Sok Thoeun, and on the Vietnamese government to allow Tim Sakhorn, placed under house arrest in Vietnam after his release from prison in May 2008, to return to his home in Cambodia if he chooses.

"The killing, imprisonment, and defrocking of Khmer Krom monks sends a chilling message to Khmer Krom activists in both Cambodia and Vietnam," said Adams. "An ethnic group that should enjoy the protection of two countries finds itself stripped of protection by both."

Cambodia to work out new law to punish drug traffickers

www.chinaview.cn

2009-01-21

PHNOM PENH, Jan. 21 (Xinhua) -- Drug traffickers will receive harsh punishments for possessing small quantities of illegal substances if a new draft law to be worked out in March, national media reported on Wednesday.

Under the proposed law, drafted by the National Authority for Combating Drugs (NACD) at the Ministry of Interior, life imprisonment will be given to those who are in possession of 80 grams of heroin, according to the Phnom Penh Post.

Currently, life terms are only handed down to those who are in possession of at least 100 grams.

"The new law is more detailed. We have given greater consideration to guilt, punishment and the amount of drugs (necessary for punishment)," Lour Ramin, permanent vice chairman of NACD told the Post.

The draft, written with the U.N. Office on Drugs and Crime (UNODC) as advisers, will also strive to comply with international drug control laws including those regarding prescription drugs available over the counter in Cambodia, officials said.

Lars Pedersen, officer in charge and project coordinator for the UNODC in Cambodia, described the new legislation as having a much "tighter control" on drug trafficking across Cambodia's borders with neighboring countries.

"The drug situation in Cambodia has escalated over the years with the use of illicit drugs increasing and drug trafficking becoming a major concern for the Cambodian government," he said.

Editor: Xiong Tong

Cambodia, Thailand to discuss border dispute during ASEAN summit

www.chinaview.cn

2009-01-21

PHNOM PENH, Jan. 21 (Xinhua) -- Cambodia's border dispute with Thailand will be the focus of talks between Prime Minister Hun Sen and his Thai counterpart on the sidelines of next month's ASEAN summit, national media reported Wednesday.

The issue, however, is not on the agenda of the wider ASEAN (the Association of Southeast Asian Nations) talks and likely will not be raised by bloc members when they convene in Hua Hin, Thailand, on Feb. 27, Hun Sen was quoted by the Phnom Penh Post assaying.

He said that Cambodia would try to limit the effects of the conflict with Thailand, and expand cooperation with all neighboring countries.

"The dispute is in one place (Preah Vihear), so we should not expand it along our shared border," he said, adding that the dispute should not be allowed "to affect tourism, trade and the economy."

"Cambodia has no intention to take the Thai territory and will continue to be patient in resolving the issue bilaterally," Hun Sen said.

Tempers flared on the border after the Preah Vihear temple was listed as a UNESCO World Heritage site last July, angering Thai nationalists who demanded that the then-government reclaim the territory that they claim was lost to Cambodia, including the 11th-century ruins and surrounding lands.

Cambodia and Thailand have never fully demarcated the 805-kilometer shared border.

Editor: Xiong Tong

Border row to be raised at Asean

The Phnom Penh Post

Written by Cheang Sokha
Wednesday, 21 January 2009

CAMBODIA'S border dispute with Thailand will be the focus of talks between Prime Minister Hun Sen and his Thai counterpart on the sidelines of next month's Asean summit, the premier said Tuesday, warning that the protracted military standoff over disputed territory should not be allowed to affect tourism and trade.

The issue, however, is not on the agenda of the wider Asean talks and likely will not be raised by bloc members when they convene in Hua Hin, Thailand, on February 27, Hun Sen said.

He said that Cambodia will try to limit the effects of the conflict with Thailand, and expand cooperation with all neighbouring countries.

"The dispute is in one place [Preah Vihear], so we should not expand it along our shared border," he said, adding that the dispute should not be allowed "to affect tourism, trade and the economy".

Tempers flared on the border after Preah Vihear temple was listed as a Unesco World Heritage site in July, angering Thai nationalists who demanded that the then-government reclaim territory they claim was lost to Cambodia, including the 11th-century ruins and surrounding lands.

Cambodia and Thailand have never fully demarcated the 805-kilometre shared border.

"Cambodia has no intention to take Thai territory and will continue to be patient in resolving the issue bilaterally," Hun Sen said.

His meeting with the new Thai Prime Minister Abhisit Vejjajiva will be the first between the two leaders.

"We have thanked friends from the other countries of Asean who have paid attention to the border dispute with Thailand," Hun Sen said, speaking at the opening of Oddar Meanchey provincial hall near the Thai border.

Thai Foreign Minister Kasit Piromya plans to arrive Sunday in Cambodia for further talks on the border issue, which sparked the largest recent buildup of soldiers and military equipment on the countries' shared frontier. The dispute turned violent in October in a shootout that left four dead.

Security tightens for Chinese New Year

The Phnom Penh Post

Written by Khoun Leakhana and Chhay Channyda
Wednesday, 21 January 2009

MUNICIPAL authorities will take steps to bolster security in the run-up to this year's Chinese New Year, banning the sale and use of fireworks and monitoring crowded areas during the six-day holiday, which kicks off Sunday.

Ministry of Interior spokesman Khieu Sopheak said the government was concerned the crowds expected to participate in the New Year celebrations - the main holiday in the Chinese calendar - had prompted authorities to consider imposing restrictions.

"Wat Phnom and the Royal Palace are the main places where the authorities have to strengthen security," he said. "The ban on firecrackers is to avoid opportunists who could create an explosive device. [It] is important for security."

The municipality has also issued a statement instructing citizens to be careful of any fires that could be caused during New Year celebrations at pagodas across the city.

Even though there is a longstanding ban on selling fireworks, there are still small numbers of people who are likely to play with firecrackers illegally imported, said Hy Prou, Phnom Penh municipal deputy police chief.

"We are telling the relevant authorities to monitor any shops selling firecrackers. If we find any, we will seize them and educate the shopowners [about the ban]," he said.

Sea Hong, an administrator at Toun Hua Chinese School in Phnom Penh, said that it will close for 10 days over Chinese New Year, adding that it approved of the new regulations.

"We Chinese descendants do not mind about the banning of firecrackers during Chinese New Year. The authorities have the right to ensure order in the city," he said.

Trials, tribulations and textbooks: Govt, DC-Cam review KR teaching

Photo by: Photo Supplied

Youk Chhang and other members of DC-Cam's staff hand out the new textbooks on the Khmer Rouge period in Takeo province.

In schools, a longing for information
Touch Thouda, a teacher at the Phnom Penh Regional Teacher Training Centre, said she never tells her high school students about the Khmer Rouge years, adding that she would welcome guidance on how to treat the period. Hok Phally, a 10th-grade student in Phnom Penh, said most of what she knows about the Khmer Rouge she learned from her parents. Chum On, 18, a 12th-grader in Battambang province, lamented that she does not know more about the period. "I was told that during this regime many people died," she said. Ï do not understand why. We should have it taught in the classrooms because the new generation can take it as an example not to follow."

The Phnom Penh Post

Written by Robbie Corey-Boulet
Wednesday, 21 January 2009

After a long and at times contentious review by a government committee, a guidebook combined with a training program will advise teachers on controversial instruction methods.

THE Documentation Center of Cambodia (DC-Cam) plans next week to publish a guide for high school teachers, advising them on the best ways to present A History of Democratic Kampuchea, a textbook detailing the history of the Khmer Rouge.

Monday's release of the 79-page guidebook, a draft of which has been obtained by the Post, will mark the end of a review process that saw members of a Ministry of Education review committee occasionally clash with DC-Cam staff over how the history should be taught.

Its distribution is to coincide with an expanded printing of the textbook itself, which was approved by the government as a supplementary text more than two years ago but so far has not been widely used in classrooms, said DC-Cam Director Youk Chhang.

Youk Chhang said the nationwide distribution of both books, combined with a teacher training program designed to familiarise 3,000 high school teachers with their contents, will standardise and improve the information students receive about the Khmer Rouge years. The information teachers currently provide too often takes the form of incomplete accounts based primarily on their own experiences and those of their relatives, he said, in part because their resources are limited: The government-issued social studies textbook devotes only eight or nine pages to the period.

The textbook, written by DC-Cam researcher Khamboly Dy, skirts some of the more contentious aspects of the period - for instance, whether Vietnam's defeat of the Khmer Rouge amounted to liberation or an invasion - so clashes over the content of the guidebook centred more on methods than message.

Painstaking review

The review committee was concerned about some interactive activities outlined in the guidebook. In one, described in the draft teachers' guide, students are instructed to illustrate and write a one-page news report about the scene in Phnom Penh when the Khmer Rouge arrived on April 17, 1975.

Youk Chhang said the committee objected to this because of concerns that students' imaginations would lead them to illustrate scenes "that go beyond the truth". He said Sunday that DC-Cam and the committee were still hashing out a compromise.

The committee responded favorably, however, to other interactive tasks. One lesson calls for students to be divided into two groups, one of which is given interviews with victims and the other interviews with former Khmer Rouge guards. Students are to read the interviews and then deliver presentations on them.

Though the committee approved it, not every reviewer was convinced it could be executed successfully. Cheng Hong, a lecturer at the National Institute of Education and a member of the review committee, said classes in some schools contain more than 60 students, making this type of managed role-play untenable.

He also said such activities might anger students unnecessarily.

Sambo Manara, a professor of history at the Royal University of Phnom Penh and a member of DC-Cam's review team, said he would like to do away with interactive tasks altogether, arguing that they had been rendered unnecessary by the proliferation of books and news reports in a range of media on the Khmer Rouge.

Other objections had to do with logistics. Cheng Hong questioned whether schools lacking in modern infrastructure would be able to screen films such as S21: The Khmer Rouge Killing Machine, which the guidebook recommends.

These disagreements aside, Youk Chhang said DC-Cam's relationship with the government reviewers was largely productive.

"They gave us a lot of good suggestions," he said, "and we think most of them are appropriate."

First print, then train

Since its approval, enough copies of A History of Democratic Kampuchea have been distributed for each of Cambodia's more than 1,300 high schools to carry four copies in their libraries.

"They disappear from the bookshelves, so we keep sending more copies when we can," Youk Chhang said.

With this year's expanded printing, funded by the German embassy, roughly 200,000 copies are to be made available to high school students.

The distribution of the books is to be followed by a training program set to unfold in three stages. In May, 24 people from the government review committee are to attend a workshop to become national trainers. In June, this group of 24 is to train 185 provincial trainers, who in turn will train 3,000 high school teachers across the country by September.

Youk Chhang said the 3,000 teachers would be split evenly along gender lines to ensure that different aspects of the period's history receive equal emphasis in classrooms.

"All male teachers want to talk about prison and torture," he said. "All females want to talk about food and starvation issues, and forced marriage."

There will also be an even split between teachers who survived the regime, who tend to focus on their personal experiences and neglect peer-reviewed academic material, and younger teachers, who might lack a personal connection to the events and thus be less engaging, Youk Chhang said.

DC-Cam and the Ministry of Education will observe how the guidebook is implemented over the next few years.

Youk Chhang said he expects some changes will be necessary.

"We anticipate some problems because this material is very new," he said.

ADDITIONAL REPORTING BY THET SAMBATH

Probe 'will not interrupt KRT'

Photo by: AFP

Toul Sleng prison chief Duch at the Extrodinary Chambers in the Courts of Cambodia on Friday.

The Phnom Penh Post

Written by Georgia Wilkins
Wednesday, 21 January 2009

Criminal investigation into corruption at Khmer Rouge tribunal will not interrupt Duch's trial, Municipal Court prosecutors say, despite legal overlap.

PROSECUTORS at the Phnom Penh Municipal Court claim that a criminal investigation into corruption at the Khmer Rouge tribunal will not interrupt the first trial at the court, that of Tuol Sleng prison chief Kaing Guek Eav, which is scheduled to begin in the middle of proposed investigations with judges and administrative staff.

Sok Kaliyan, deputy prosecutor at the Municipal Court, told the Post Tuesday that he expected investigations, which had already begun, to take a maximum of two months, after which a verdict could be given.

Despite the initial hearing for the torture chief's trial scheduled for February 17, Sok Kaliyan was confident investigations would not interrupt the highly anticipated first trial.

"They are different things," he said.

International defence lawyers for former Khmer Rouge Brother No 2 Nuon Chea filed a criminal complaint to the civil court Friday, claiming Sean Visoth, the government's top official to the Khmer Rouge tribunal, as well as the court's former chief of personnel, Keo Thyvuth, violated criminal law by "perpetrating, facilitating, aiding and/or abetting an organised regime of institutional corruption at the ECCC during the pending judicial investigation".

The complaint also accused judges of misdemeanours, prompting Cambodian judges to make a statement denying the allegations.

Foreign lawyer summoned

Sok Kaliyan confirmed that one of the foreign legal adviser for Nuon Chea, consultant Andrew Ianuzzi, had already been summoned to the court and would appear on Thursday to be interviewed.

He said summoning the complainants was the first step in the inquiry, after which he would decide who else to summons.

"The complaint is divided into two parts - the first part relates to people working in the head of administration and the second relates to judges - so after I interview the complainants, I will decide who to interview from these [sections of the court]," he said.

Ianuzzi said Tuesday he was ready to be summoned to the court.

"We are looking forward to helping the court," he said.

New US ambassador meets King

The Phnom Penh Post

Written by Brendan Brady
Wednesday, 21 January 2009

DIPLOMATIC

US ambassador Carol Rodley submitted her credentials for approval Tuesday by King Sihamoni in a face-to-face meeting with the monarch at the Royal Palace in Phnom Penh ahead of assuming office. Embassy spokesman John Johnson expected the acceptance process to be "very smooth" and described the meeting with the King Father as "very cordial". As is standard for US embassy appointments around the globe, Rodley's submission included a letter from the US president requesting the king accept her as his government's local representative. Rodley has a long career in the US Foreign Service, including a recent posting in Kabul as a counselor for political military affairs with the embassy there.

Russian paedophile handed extra prison time in retrial hearing

Photo by: AFP
Alexander Trofimov shown here in a file photo received an additional 11 years.

The Phnom Penh Post

Written by Cheang Sokha
Wednesday, 21 January 2009

Convicted offender sentenced to additional 11 years on child sex charges, but observers say punishment is too lenient in light of crime.

PREAH Sihanouk provincial court has added 11 years to the prison sentence of twice-convicted paedophile Alexander Trofimov after handing down guilty verdicts on one retrial case and one new case against the Russian businessman Tuesday.

Saing Vannak, Trofimov's defence lawyer, told the Post that the court found his client guilty on counts of purchasing sex with a minor - which carries a penalty of eight years - and for indecent acts with a further 17 underage girls, which added an extra three years Trofimov's term.

"I could not accept it. I will file an appeal against the court's decision. Based on the law my client should be free," he said after the hearing, which was in session for most of Tuesday. "There are no grounds to punish my client."

Serial offender

The 41-year-old former chairman of the Koh Puos Investment Group, who was arrested in 2007, previously stood trial in March 2008 at Phnom Penh Municipal Court and was sentenced to 13 years on paedophilia-related charges, but his prison term was slashed to seven years by the Appeal Court in October.

On November 27, Sihanouk ville provincial court again sentenced Trofimov to eight years imprisonment in a case involving sex with a young girl, but the verdict was rejected by Trofimov who claimed he was absent during the trial and demanded a retrial.

Samleang Seila, director of anti-paedophile NGO Action Pours Les Enfants, expressed his disappointment with the court's decision, saying the sentence was considerably light given the number of offences committed by Trofimov.

"It is unbelievable that the court has punished the largest-ever paedophile in Cambodia so lightly," he said. "There is no balance between the punishment and the acts of the perpetrator."

After years of being seen as a haven for sexual predators, the government began a campaign to clean up the Kingdom's image in 2003, arresting paedophiles and other sex offenders including dozens of foreigners.

Bith Kimhong, director of the Ministry of Interior's Department of Anti-human Trafficking and Juvenile Protection, said that Preah Sihanouk provincial court should have punished Trofimov with at least 10 years in prison for puchasing sex with a minor.

"From my point of view the punishment of Trofimov was a little bit light," he said.

Bith Kimhong said his department had arrested eight foreigners for underage sex-related offences in 2008.

New law to tighten drug controls

Photo by: Tracey Shelton

Drug users inject heroin in Phnom Penh's Boeung Trabek neighbourhood last month.

The Phnom Penh Post

Written by Khoun Leakhana and Sarah Whyte
Wednesday, 21 January 2009

New legislation will introduce harsher punishments for drug traffickers and tighten regulations for prescription drug use if passed by Cabinet of Ministers in March, officials say .

DRUG traffickers will receive harsher punishments for possessing smaller quantities of illegal substances if a new draft law is introduced in March, officials have told the Post.

Under the proposed law, drafted by the National Authority for Combating Drugs (NACD) at the Ministry of Interior, life imprisonment will be given to those in possession of 80 grams of heroin. Currently, life terms are only handed down to those in possession of at least 100 grams.

"The new law is more detailed. We have given greater consideration to guilt, punishment and the amount of drugs [necessary for punishment]," Lour Ramin, permanent vice chairman of NACD told the Post Sunday.

The draft, written with the UN Office on Drugs and Crime (UNODC) as advisers, will also strive to comply with international drug control laws including those regarding prescription drugs available over the counter in Cambodia, officials said.

Lars Pedersen, officer in charge and project coordinator for the UNODC in Cambodia, described the new legislation as having a much "tighter control" on drug trafficking across Cambodia's borders in accordance with neighboring countries.

"The drug situation in Cambodia has escalated over the years with the use of illicit drugs increasing and drug trafficking becoming a major concern for the Cambodian government. It [the drug problem] has reached a level where the government has needed to address the problem," he told the Post Monday.

Pedersen said the spike in drug trafficking was a result of traffickers taking advantage of overlapping licences of imported drugs, which was creating an abundance of prescription medicine easily available over the counter. Both were a result of current control legislation being weak.

Health issues absent

Graham Shaw, NACD adviser at UNODC, said Monday he was concerned the new law focused more on law enforcement rather than creating an understanding of drug use.

"One concern we have with the current draft is that it does not make room for health services for people who use medically approved drugs.

The other major concern is the grey area in drug enforcement," he said, adding that those found in possession of narcotics are often taken to drug treatment centres without any legal basis.

Pilot program to test use of scientific calculators in schools

HOW MANY STUDENTS?
Roughly 200 students will be allowed to participate in the pilot program - 50 at four different institutions - all of which are located in Phnom Penh. The pilot program will last for an estimated one term before officials attempt to gauge its success.

The Phnom Penh Post

Written by Chhay Channyda
Wednesday, 21 January 2009

Some professors question wisdom of using calculators, arguing that over-reliance on machines among students doesn't add up.

EDUCATION officials plan to train students at four Phnom Penh schools in how to use scientific calculators in February or March as part of a pilot program to assess whether the use of scientific calculators should be widespread in high schools and universities.

In each of the four institutions - the Royal University of Phnom Penh, the National Institute of Education, Sisowath High School and another school yet to be selected - 50 students will be allowed to use scientific calculators for one semester, Chan Roath, director of the Department of Scientific Research at the Ministry of Education, Youth and Sport, said in a Tuesday interview with the Post.

" It could help... but it could also reduce the quality of education . "

Chan Roath said a Japanese technology company would provide the calculators and train students in how to use them.

Currently, Cambodia is one of three Asean countries - along with Myanmar and Laos - that do not allow the use of scientific calculators in schools, Chan Roath said.

Some officials are reluctant to introduce scientific calculators on a large scale because they fear their use will detract from students' mathematical knowledge.

"It could help students calculate quickly, but it could also reduce the quality of education because everyone might think they do not need to study and could instead just turn to their calculators," he said.

The ministry will hold a conference at the end of the pilot program to assess what effect the calculators had on student learning.

If scientific calculators were to be widely distributed, education officials would also need to train instructors - who currently do not incorporate them into their lessons - in how to use them, Chan Roath said.

Lav Chhiv Eav, a rector and math professor at the Royal University of Phnom Penh, said he had his doubts about the program, in part because the calculators cost about US$20 each, meaning some students would not be able to afford one.

He also said the program would be unnecessary at the Royal University, which, though it does not allow the general use of scientific calculators, does teach maths students how to use them for basic operations.

He also said calculator use would hinder student learning. "We want them to use their brains," he said.

A man of principle stands up

Photo by: Anne Laure Poree

Sa Sovan (right) and his co-lawyer Jacque Verges at the Extraordinary Chambers last year.

The Phnom Penh Post

Written by Neth Pheaktra
Wednesday, 21 January 2009

Lawyer Sa Sovan says he's fighting to strengthen Cambodia's judiciary in defending former KR head of state Khieu Samphan.

FRENCH-educated lawyer Sa Sovan, 68, lost "around 50" relatives, including his father, at the hands of the Khmer Rouge regime. As the Cambodian co-lawyer for former Khmer Rouge head of state Khieu Samphan, he has been at odds with other victims, notably when he engaged in a shouting match following a December 4 hearing with victims angered by the request that every document in his client's case file be translated into French. In an interview with the Post, Sa Sovan discusses his decision to join the defence team and what the Khmer Rouge tribunal means for the country's judicial system.

Why did you decide to defend Khieu Samphan?

I lost around 50 relatives to the Khmer Rouge regime, but I decided to defend Khieu Samphan nonetheless because I want to defend the justice system. Khieu Samphan proposed I defend him after his former Cambodian co-lawyer, Say Bory, resigned because of health problems [in June 2008]. If I had not accepted Khieu Samphan's proposition, he might not have received good representation. I could not reject his request because he was a lawmaker at Sa-Ang district, Kandal province, my home district, during the Sangkum Reastr Niyum regime of then-Prince Norodom Sihanouk. I knew Khieu Samphan. I knew that he was a just person.

I make a clear separation between the personal losses I sustained and the legal merits of the case. I already lost my dad. I do not want to lose respect for the rule of law in my country. If the tribunal cannot find sufficient evidence against him, Khieu Samphan should be released. Similarly, if the tribunal finds that Khieu Samphan is guilty, the court should sentence him. I will not protest.

Currently, there is a cloud of uncertainty; we don't know who is guilty for the crimes of the regime. I want to find justice.

You say Khieu Samphan is a just person. Do you think you can make this case convincingly in light of the prosecution's allegations?

In defending him, I plan to note that he served the nation in joining the Sangkum Reastr Niyum regime and, later, in criticising officials in that regime. People in the regime attacked him, but he continued in politics, joining the opposition movement. I think the Khmer Rouge pushed him into a high position before he knew about the killings and the torture. He found out about the killings in 1979, after the Khmer Rouge fell from power. The Cambodian people know this.

We want to answer the question: Why didn't Khieu Samphan know what was going on? The defence team and the tribunal are exploring this question.

Have you found defending Khieu Samphan to be difficult?

With my skills in private and criminal law, I don't have any problem defending Khieu Samphan. Also, I have known [Khieu Sampan's French co-lawyer] Jacques Verges since I was in France. I know his name and how famous he is, and I am familiar with his thinking. So we find it easy to work together.

Your client's case has been stalled by the translation issue, with you and Verges insisting all documents be translated into French. Has the tribunal replied to your request?

Not yet. According to the agreement between the Cambodian government and United Nations, documents should be translated into the three official languages used by the tribunal: Khmer, French and English. Khieu Samphan has a Khmer lawyer and a French lawyer. There are many documents that have not been translated from Khmer and English into French. If the tribunal doesn't translate them, the French co-lawyer cannot defend Khieu Samphan because he won't be able to fully understand the accusations.

Given that many victims of the Khmer Rouge are holding onto a lot of anger, do you worry about your personal security?

I decided to defend Khieu Samphan because I would like to search for real justice for all parties, including both the victims and those who are charged with war crimes and crimes against humanity. I am not worried about my security. But the state should teach people about the law so we can avoid the type of situation we had [on December 4].

What is your reaction to accusations of corruption at the tribunal?

I have heard that the tribunal has been accused of corruption, but I don't have time to investigate this because I am too busy defending Khieu Samphan, teaching law students and writing a book. I will let other people investigate these accusations. I heard the rumours before I worked there.

What do you expect the KRT will accomplish for the Cambodian judicial system?

I think that the tribunal is very important and will be a good example for the Cambodian judicial system. I am proud of it. The Cambodian participants are learning a lot from the international participants. I hope they will use this knowledge in the future, even if they don't use it in the current situation.

Interview by Neth Pheaktra

The guardian of wooden houses

Photo by: Peter Olszewski

This traditional wooden house was built new by Siem Reap designer

The Phnom Penh Post

Written by Kyle Sherer
Wednesday, 21 January 2009

SIEM REAP

A Siem Reap architect is waging a battle for wood as concrete takes over as building material of choice.

SIEM Reap designer and architectural researcher Hok Sokal has had a passion for old wooden Cambodian homes for almost nine years. He has studied them, documented them, filed them as case studies ... and seen many of them destroyed in favour of bland concrete buildings.

This motivated him to create a development company of his own - one that not only preserved old buildings, but also constructed new old buildings.

His firm, HHH Co, builds traditional Khmer wooden houses using the same designs and materials used in Cambodia for centuries.

As widespread urban development continues to change Siem Reap at a furious pace, Hok Sokal hopes his initiative will ensure that the emerging city maintains its personality of authentic Khmer culture.

Hok Sokal told Prime Location that wooden houses are "more impressive, more remarkable than concrete structures. They are an important part of Siem Reap's character that we cannot afford to lose".

Siem Reap is home to two of his new wooden houses, built in 2004 and 2008 near the Rolous temples on the outskirts of Siem Reap.

He also moved a 90-year-old wooden house from Kampong Cham province to a new location 300 metres south of Wat Damnak, with modifications to the bathroom and kitchen.

To build a new old wooden house, Hok Sokal explains he needs to synergise three elusive elements. "We need to find the right carpenter, the right wood and the right client," he said.

Hok Sokol's background in academia ensures that his houses are extremely authentic - from the layout of the rooms to the type of lumber used. "We use the same wood that was used in construction of the traditional houses," he said. "When I start a new project, I spend a great deal of effort locating the right wood. I use up to six types of wood in a house, including sokrom, kokoh, koki, sroloas and beng."

The meticulous sourcing of traditional timber isn't merely pedantic - it gives the houses a strength and durability that Hok Sokal says could rival their concrete competitors.

"It is remarkable that houses built in this style are still in good condition up to 100 years after their construction," he said.

Not for everyone

Even with a stock of the correct materials, Hok Sokal is still faced with finding the right client. "We need people who really love and understand wooden architecture," he said. "Most of my clients are well-educated, with a high degree of knowledge about Khmer art and culture. Some are Cambodians who have been educated outside the country, some are foreigners who have studied Khmer culture."

Photo by: Peter Olszewski

Architecture historian Hok Sokol

One trait that is necessarily shared by Hok Sokol's clients is patience - the construction of a single wooden house takes an entire year. However, construction is an area where modernity is definitely an ally. "With modern technology, carpentry and equipment we can build wooden houses in half the time it took our ancestors," he said.

HHH Co's team consists of two architects, an engineer, a plumber, an electrician, five carpenters and 10 workmen. Other work, like tiling and concreting, is subcontracted, and the construction methods used vary from house to house.

"Depending on the project, we use a combination of traditional and modern methods. One hundred years ago, our ancestors could not build houses in certain areas - but with electricity and modern equipment we are not as restricted."

Hok Sokal says Siem Reap has great potential for traditional wooden-house development. In particular, he indicates the banks of the Siem Reap River as an example of where wooden restoration and construction work could be achieved with great effect.

However, he is unsure of whether his efforts are enough to ensure the continuity of the wooden house style. "It is hard for wooden houses to compete with concrete houses when there is less and less wood available, and more and more concrete. People are attracted to wooden houses, but sometimes will use the concrete style for convenience.

" We need people who really love and understand wooden architecture."

"There are 100 concrete houses for every wooden house, and concrete houses are simpler to build. But the design and quality of wooden houses are better."

'Authentic' charm gives security to Phnom Penh's boutique hotels

Photo by: Tracey Shelton

Alexis de Suremain sits in front of The Pavilion in this photo from last year. He also owns the Kabiki and Blue Lime boutique hotels.

The Phnom Penh Post

Written by Anne-Laure Poree
Wednesday, 21 January 2009

It has been a tough few months for Cambodia's tourism sector, but the unique characteristics of the capital's boutique hotels have helped them weather the storm.

WHY is it sometimes so difficult to book a room in a boutique hotel in Phnom Penh? Because they are usually full, with quite exceptional occupancy rates.

One well-known Phnom Penh boutique, Villa Langka, named for nearby Wat Lanka, is usually 90 percent full according to its manager, Didier Thorel. "We have had this rate from the second month after the opening, one year and three months ago," he said.

Nelly Orgiazzi, the manager of tourism agency Bons Voyages, said the competitive advantage enjoyed by boutique hotels was their ability to keep prices reasonable yet offer a charming place to stay in the centre of the city.

For Orgiazzi, a reasonable price means a room between US$40 and $85 per night.

The seemingly never-ending demand for affordable rooms in a warm and cosy setting with a personal touch encouraged Alexis de Suremain to open a suite of boutique hotels in Phnom Penh. His first project was the Pavilion in 2006, followed by Kabiki, which is dedicated to families, in 2007, and the Blue Lime in 2008. "We rent rooms as cheap as possible for a place very close to the Royal Palace," he said.

He added that it was impossible in Cambodia to provide the level of service that would justify a price tag of $100 or more. "We bet on the quality of the setting and on our equipment. Our most expensive rooms, for example, have a private Jacuzzi and a terrace," he said.

"But we are not a four-star hotel. We assert our guesthouse status. We do not want our customers to complain about any discrepancy between their expectations and the reality."

Niche operators

A great atmosphere and good value for money are not the only keys to success for boutique hotels. They benefit from a niche: Their customers, who tend to be in Phnom Penh for tourism or for business, want a place that is different. Those who are used to travelling the world tend to be fed up with the big hotels where they find everything they need but do not feel at home. At the other end of the travel spectrum, many of those who are not experienced travellers may want a cosy and friendly place that they will remember.

What they have in common is they refuse standardisation and attach importance to the aesthetic. To accommodate this desire, boutique hotels tend to provide a unique style and design in each room.

Although boutique hotels are often priced lower than their big name counterparts, cost is usually not a key consideration for the majority of guests, Orgiazzi said. "If I suggest to my customers to stay at a place $10 above their budget per night in a boutique hotel they do not hesitate," he said. "They increase their budget as soon as they see the photos, particularly if they stay a short time." Indeed, the average stay is only three nights, although business customers can stay much longer, sometimes keeping a room for several weeks.

Certainty in uncertain times

These business travellers also mean Phnom Penh's boutique hotels don't experience the ups and downs of the tourist seasons like hotels in Siem Reap. Because guests tend to arrive individually rather than as part of big groups, they have escaped the cancellations that have recently hit some of the bigger hotels in Cambodia as a result of the global financial crisis and the political turmoil in Thailand. The ongoing dispute eventually led to the blockade of Bangkok's international airport late last year, closing off a key access point to Cambodia and drastically reducing tourist arrivals.

" Phnom Penh draws its charm from its colonial past and its traditions. That's what the customers are looking for."

Based on the strictest definition of boutique hotel - an old renovated house with a garden and swimming pool in the middle of the city - the number of "real" boutique hotels in Phnom Penh can be counted on the fingers of one hand.

But as more-and-more hotels try to climb on the boutique-hotel bandwagon, the very definition of what constitutes a boutique hotel is becoming unclear. The travel agency Exotissimo, which specialises in travel around the Mekong region, lists the Amanjaya Pancam Hotel, Villa Langka, the Bougainvillier, the FCC Hotel Phnom Penh, the Pavilion and Raffles Hotel Le Royal as boutique hotels.

Fousing Sem, a senior travel consultant at the agency, said larger brand-name hotels with many rooms should be barred from using the name for fear of eroding the value of the label. "Phnom Penh draws its charm from its colonial past and its traditions", he said. "That's what the customers are looking for in Cambodia. For the modern and new places, they go to Bangkok or Singapore where it is cheaper than here."

De Suremain agrees. "They want the old things," he said. "This is not different from what they are looking for in Venice for instance. That's what the marketers have named ‘the authentic'."

Bad service, no problem

Luigi Savarino, the manager of the Italian restaurant Le Duo, is building seven rooms beside his restaurant to capitalise on the surfeit of demand for a warm and inviting place to stay and receive perfect service.

But even imperfect service is unlikely to put most off if comments on the Trip Advisor website, a popular online travel guide, are anything to go by. Even when many are criticising the service or the staff, they still tend to praise the overall experience.

Contrary to expectations, the relatively small size of a boutique hotel does not make them easier to manage. Economies of scale mean the break-even occupancy rate tends to be much higher than for a larger hotel, while employees tend to have to multitask more, putting them under greater pressure.

Reservation mistakes can also be much harder to rectify. In the event of a double booking - which can be common in Cambodia given human-resource limitations - there are often no free rooms to shunt the guest into.

Many of Phnom Penh's boutique hotel managers spoken to by Prime Location spoke of the difficulty in finding qualified and motivated staff. They looked longingly towards the Ecole Paul Dubrule, a well-known hospitality, tourism and cooking school in Siem Reap where the future stars of Cambodia's tourism industry are trained.

They are unlikely to find succour there - graduates of the school are greedily snapped up by the hospitality sector in Siem Reap. Few make their way south to work in a Phnom Penh hotel.

The boutique operators will be left to battle on, but their unique charm will ensure they will survive the odd slip here and there, be it from one of their staff, Thailand's new prime minister or the guys in suits mishandling Wall Street.

Rogue tour operators face govt crackdown

Photo by: Heng Chivoan

A travel agent in Phnom Penh. The government hopes to clean up the tourism industry by shutting down unregistered operators.

The Phnom Penh Post

Written by Ngoun Sovan
Wednesday, 21 January 2009

The minister of tourism says that unlicensed travel agencies have until the end of January to register with the government and pay up or face closure.

TOURISM officials are set to launch a crackdown on unlicensed travel agents after issuing repeated calls for tighter regulation of the sector, said the tourism minister.

The ruling could see 12 percent of the Kingdom's 200 travel agencies shut down the end of the month, according to ministry figures.

"Twenty-two of Cambodia's 200 travel companies are operating without licences," Thong Khon, minister of tourism, told the Post Tuesday.

The Ministry has been working to upgrade the country's hotels and travel agencies by introducing industry standards. The minister said the ministry sent warning letters on January 12 saying that companies have until January 31 to register or face legal action.

"After the deadline at month's end, we will invite them one by one to license their companies," said Thong Khon.

"If they still fail to apply for a licence, we will shut them down."

Last warning

The minister said that the offending travel agencies have already been warned to register.

"To get a licence for a travel agent, the law requires that the operator deposits US$5,000 at the National Bank of Cambodia, just in case something happens. It is for the benefit of guests. If they are not made to do this, the agents might abandon guests that have made reservations," he said.

He assured the agencies that the government will not steal the money held by the national bank.

"The deposit still belongs to them, not us. It is to ensure that they have the funds available for their customers," said Thong Khon.

Ho Vandy, president of the Cambodian Association of Travel Agents (CATA), told the Post Tuesday that its 171 members back the ministry action.

He said that CATA has complained to the tourism ministry for several years regarding legal action against unlicensed tour operators.

"There is no transparency in the market. We have licences, we comply with the law and pay the tax. [Unlicensed agencies] are not following the rules, so they do not pay tax - it is unfair competition," he said.

One owner of an unlicensed travel agency in Daun Penh district said that the government's reserve requirement is too high. "If I have to pay the money, I will go out of business. I am already losing every month, and sometimes there is often no money to pay the staff. I cannot afford to deposit $5,000 for the licence," said Chhoeun Marany, the owner of Rany Travel Agency.

She said that she plans to shut down at the end of the month when the ruling comes into force.

What's New: ANZ launch

The Phnom Penh Post

Written by Sebastian Strangio
Wednesday, 21 January 2009

The Australia and New Zealand Banking Group (ANZ) launched a new mobile banking service, which company representatives say will open up new avenues into Cambodia's traditional cash economy. Known as WING, the service will allow customers to make person-to-person payments and transfers from their mobile phones. "WING will help improve people's livelihoods and reduce poverty by increasing their access to banking services," ANZ CEO Mike Smith said during WING's launch Tuesday. Mobile banking - also known as M-Banking or SMS Banking - has already taken root across the developing world, and Citibank introduced a similar system in the United States in mid-2007.

Insuring Cambodia's Future

Photo by: Nguon Sovan

David W Carter, CEO of Infinity Insurance, considers Cambodia's emerging insurance market, which he says is expected to grow despite economic woes.

The Phnom Penh Post

Written by Nguon Sovan
Wednesday, 21 January 2009

David W Carter, chief executive officer of Infinity Insurance, talks about the opportunities and challenges of building a new insurance industry in Cambodia.

What do you think about the perceptions of Cambodians towards buying insurance?

Generally speaking, I would say that there is not much awareness of insurance among the population as a way to manage risk. There is also a certain level of scepticism about how insurance works, but I would say that this situation is changing very quickly, as shown by the increasing number of customers who are buying insurance. The market can be broken up into the business consumers and personal consumers. Businesses are more accustomed to using insurance versus personal consumers.

How strong is the insurance sector in Cambodia?

Currently, the insurance industry is very small, with the insurers' main activities being undertaken in Phnom Penh, Siem Reap and Preah Sihanouk. In other provinces, average monthly incomes are still low, most of them being less then US$50 per month, so this is one of the challenges to the developing insurance industry in Cambodia.

Could you estimate how many Cambodian people can afford to buy insurance?

The population of Cambodia is approximately 14 million. I can estimate that between one and two percent of the population, most of them businesses and urban residents, can afford to buy insurance, this being mainly for their businesses, cars, motorcycles and houses.

Could you estimate how much the insurance sector earns each year in Cambodia?

And what is the revenue of Infinity Insurance? We estimate the total market premiums were around $20 million in 2008, up from about $17.5 million in 2007, as reported by the Ministry of Economy and Finance. Cambodia has five insurance companies: Infinity Insurance, Forte Insurance, CAMINCO, Asia Insurance and Campubank Lonpac. There are no brokers, and there is one registered agent. There is one reinsurance company supporting the market, and so the reality is that this is a very small market, but it is growing quickly. As we saw, from 2006 to 2007, premium income increased by 40 percent. In terms of market position, Infinity ranks about third place in the market of five.

Is Cambodia's insurance market affected by the global financial crisis? Why?

" We expect that the insurance market will outpace Cambodia's GDP growth for the next year. "

Firstly, we are affected by customers who experience downturns in their business or in some cases even cease operations. We have seen this in the garment industry and also construction, where some projects have been put on hold. There is, therefore, a direct impact on the insurance market as a client may choose to reduce purchasing levels or cease buying insurance altogether. Secondly, there is the phenomenon experienced around the world during times such as this where we see recession-related losses. This is where customers reduce their expenditure on risk management to lower expenses. This can directly impact on the level of losses experienced by insurers.

What is your growth projection for the insurance industry in Cambodia for the next few years?

We expect the insurance market to outpace Cambodia's GDP growth over the next year. So, if GDP grows by five percent, we expect the insurance market premium will increase by 10 percent minimum. This is mainly due to the rise in demand for insurance as more awareness towards the advantages of buying insurance grows. This projection can change dramatically if we have a substantial development such as an oil- and gas-discovery off the coast.

What is your assessment of the economy in general?

Well, I think that the crisis is going to slow the growth in the country. Of course, it is going to decline in the garment and real estate sectors, but other sectors such as agriculture and tourism still rise, and businesses are still going on, but not at the same pace as in the past.

Who are the potential customers for insurance?

We are targeting people who have assets that they wish to protect and [who have] the ability to pay a premium from their household or business income. Insurance is seen by many in Cambodia as a luxury, whereas in more developed countries it is viewed as an essential purchase. Insurance is simply a contract to "promise to pay" in the event of certain happenings. The potential customers are those that understand this concept and have trust in our commitment to honour the contract. Typically, business customers are more familiar with insurance than customers.

You said the insurance industry in Cambodia is small. Do you think five companies are too many?

I think that the number of insurers for such a small market is probably adequate for the moment. I think that the products and services offered by the market as a whole needs to be improved to keep pace with rapid change. I am talking about the increasing demand for more sophisticated solutions for clients. In years to come, I would expect there will be more market participants, and we believe that there will be two potentially new entrants this year. I would expect that in the next two or three years, we would see more insurance companies, and perhaps a broker, to start operations in Cambodia.

Is there fair competition in the insurance industry?

Infinity Insurance launched in Cambodia in July 2007, so we are a relatively young company. I can tell you that our approaches to clients have been very well received. ... Clients are always looking for choice and an alternative view. Infinity is now in the position where we believe that we have about 15 percent of the insurance premium market share in 2008, and we expect to reach 17.5 percent this year. I think that clients now enjoy a fair level of competition in the market.

Could you compare Cambodia's insurance industry to those in neighbouring countries such as Vietnam, Laos and Thailand?

The industry here and in Laos is very small and developing. ... Vietnam and Thailand are much larger ... serving customers who are more aware of insurance. We look at these countries to see what the future holds for the Cambodia market.

Interview by Nguon Sovan

Trade show promotes Mekong

The Phnom Penh Post

Written by May Kunmakara
Wednesday, 21 January 2009

Businesses from the Greater Mekong Sub-region meet to promote regional trade.

BUSINESSES from the six-member Greater Mekong Sub-region (GMS) met Monday in Phnom Penh to discuss ways to boost export competitiveness in global markets, improve regional trade policy and promote an international business identification system, officials at the Cambodia Chamber of Commerce told the Post.

The workshop - attended by more than 20 local and international business representatives - was sponsored by the India-based Centre for SME Growth and Development Finance (CESMED) in partnership with the Chamber of Commerce along with US-based commercial analysts Dun and Bradstreet (D&B).

"I am proud of the fact that this workshop is promoting a new vision of trade for the region and new ways to facilitate business partnerships and exchange," Nguon Meng Tech, director general of the Cambodia Chamber of Commerce, said.

Global listing

The conference hoped to enlist local businesses to apply for D&B's Data Universal Numbering System, or DUNS number, an international identification system used by more than 50 million companies in 190 countries.

"The DUNS number allows businesses to better promote their products and services to international consumers by confirming quality and respectability," Nguon Meng Tech said.

He added that no Cambodian businesses have a DUNS number.

"We will need more time to review application procedures and requirements, but we hope that if a local company does get the number, they will be able to lead the way for others to follow," he said.

Vinod Paratkarm, a CESMED adviser, said the workshop was crucial for raising awareness of global challenges to exports from GMS member-states, particularly among small- and medium-sized enterprises.

The six-member trade bloc includes Cambodia, Laos, Myanmar, Thailand, Vietnam and China's Yunnan province.

"We are facing many difficult issues at the moment including how best to manage trade risks with partners we don't know very well," Vinod Paratkarm said.

Global decline

The issue of risk has become a greater concern as caution becomes the order of the day, a trend some members of the workshop hope to reverse.

Shiendra Narian, chairman of the CESMED, said the workshop was useful for identifying strengths and weaknesses among GMS exporters and also as a chance to promote the bloc's significance.

"We want to send a message to the world. We are not sleeping lions. We must stand together as members of the international trade community and further improve our competitiveness in world markets," Shiendra Narian said.

Bears get a second chance at Phnom Tamao Zoo

Photo by: Photo Supplied

Harry is one of several vulnerable Sun Bears that fall prey each year to poachers or wealthy families looking to acquire an exotic pet.

The Phnom Penh Post

Written by Stephanie Mee
Wednesday, 21 January 2009

With countless animals in Cambodia falling victim to illegal wildlife trade, one organisation offers a safe and healthy environment for rescued bears.

THE timid, brown Sun Bear peered suspiciously out of his cage in the quarantine area of the Phnom Tamao Zoo, nervously growling if anybody came near him. He was extremely sick when he arrived at the zoo and had to have daily injections of antibiotics. Hence, his aversion to humans. His name is Harry, and he was recently rescued from the fourth floor of a wealthy Phnom Penh family home.

Harry was purchased from a dealer in Ratanakkiri by his previous owners when he was three weeks old and taken to Phnom Penh as a family pet. Not knowing how to properly care for a wild bear, the family fed him a diet of tap water mixed with sweetened condensed milk and kept him in a small cage, barely big enough for a dog. By the time he was rescued a year later, he was weak, emaciated and had lost large patches of fur that had rubbed off when he paced against the metal bars of the cage.

"I had to carry him in my arms down four flights of stairs, as the transport cage could not fit up the narrow passageways," said head bear keeper at the zoo, Chuon Vuthy.

The keeper works for an organisation called Free the Bears Fund Inc, which runs a centre at the Phnom Tamao Zoological Gardens and Wildlife Rescue Centre, 40 kilometres south of Phnom Penh. The Australian NGO was created in 1995 in response to the terrible treatment of illegally poached bears, many of which are cruelly imprisoned and sold for their body parts and bile, often used in Chinese medicines.

Free the Bears operates centres in five countries across Asia. They work together with local authorities to combat the illegal wildlife trade, and provide care and rehabilitation to hundreds of bears.

The Cambodian operation

The centre in Cambodia has been open since 1997.

"We get some of the bears from the illegal wildlife trade and some have been donated by wealthy people," Chuon Vuthy explained.

"Sometimes, we go to people's homes where bears are being kept as pets, and we explain to them that it's illegal to keep wild animals as pets or property. We tell them that they can donate the bears to the zoo, where we can care for them properly. Sometimes they do and sometimes they don't."

Photo by: Photo Supplied
One of the caregivers at the center with Nutkins .

In October, the centre took on three new bear cubs, two of which had been donated to the zoo, and one of which had been taken from a poacher in Pursat province.

Holly, a small but friendly Sun Bear, had caught her leg in a poacher's snare and lost her hind paw as a result. She is also missing three of her front claws, which the poacher offered no explanation for. At the centre, she is receiving the medical care she needs, as well as a safe and healthy environment in which to grow.

A large family

Free the Bears currently houses 102 bears at the Phnom Tamao Zoo in 16 outdoor enclosures with a wealth of trees and wooden walkway.

The bear species are made up of Asiatic Black Bears and Sun Bears, both of which are listed as a vulnerable species by the International Union for Conservation of Nature. Bears at the zoo are closely monitored to ensure that they are healthy and happy, and there is an onsite veterinarian for any medical problems that may arise.

"As of now, none of the bears are released back into the wild, as much of their natural habitat has been lost, and they have become too accustomed to people, but I'm hoping that will change in the future," said Chuon Vuthy.

Phnom Tamao Zoo and the Free the Bears Fund Inc are currently building two new wooded enclosures where the bears can forage and play, and a new indoor holding pen for up to 20 bears. This new space will house the bears at the zoo, as well as future arrivals.

Volunteer opportunities

Volunteers are welcome at the centre. At present, they can sign on for one to six weeks to help feed and clean the bears. Volunteer packages include accommodation at a house near the sanctuary, transportation to the centre as well as breakfast and dinner. Interested parties have the opportunity to learn from veteran bear keeper of 12 years, Chuon Vuthy, and his highly trained and knowledgeable colleagues.

" We get some of the bears from the illegal wildlife trade and some have been donated by wealthy people."

"The first day the volunteers are here, we teach them the rules - what they can and can't do so nobody gets hurt," said Chuon Vuthy. "Then, we teach them how to clean the cages, feed the bears and take general observations. Volunteers learn a lot, and they seem to really enjoy the time they spend here."

Matt Hunt, the Southeast Asia program manager and CEO, said: "It's great for people to come in and meet the bears, meet their personalities and learn about the program. For example, I can go tell people in Australia what we're doing here in about 30 minutes, but it doesn't really give them a clear idea about the centre or the bears themselves."

Each week the centre accepts no more than six volunteers, ensuring that the number of visitor caregivers never exceeds the number of onsite bear keepers.

Free the Bears Fund Inc is also in the process of opening a new centre for bears three hours away from Phnom Tamao on the South coast of Vietnam, where they plan to create small eco-lodges where volunteers can stay onsite and take part in caring for and learning about rescued bears in the region. The first bears will move there this month, and the centre should be open to volunteers in 2010.