Friday, 18 June 2010

Cambodian courts 'troubling'


Surya Subedi said a range of issues, including external interference in proceedings and a lack of awareness of human rights standards, meant the public did not have confidence in the legal system. -- PHOTO: REUTERS

via Khmer NZ News Media

Jun 17, 2010

PHNOM PENH (Cambodia) - THE UN special rapporteur for human rights urged Cambodia on Thursday to boost judicial independence as he warned that courts faced 'tremendous challenges' in providing justice for the poor.

Surya Subedi said a range of issues, including external interference in proceedings and a lack of awareness of human rights standards, meant the public did not have confidence in the legal system.

Wrapping up a 10-day fact-finding mission on the workings of the courts system - which has faced accusations of corruption and political tampering in the past - Mr Surya said obtaining justice for the poor and marginalised was a particular problem. The UN representative said he was 'troubled' by the impact of land disputes and resettlement on ordinary people.

'If you are poor, weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management system, or through the court,' he told a press conference. Cambodia has faced mounting criticism over the past few years because of a spate of forced evictions throughout the country at the hands of army and police.

Mr Surya - who was appointed last year after his predecessor Yash Ghai resigned following a war of words with the government - also expressed concern about the 'narrowing of the political space for critical debate' because of the disproportionate use of court actions.

Rights groups have heavily criticised authorities in the past year for launching a number of defamation and disinformation law suits against critics and opposition members. -- AFP

Prof. Subedi calls on the King of Cambodia


Prof Surya Subedi

via Khmer NZ News Media

Thursday, 17 June 2010

Prof. Surya Subedi met with the King of Cambodia at the Royal Palace in Phnom Penh Wednesday to apprise the King about his work on the human rights situation in the country.

Professor Subedi, who teaches international law at the University of Leeds, UK, is the United Nations human rights envoy for Cambodia. He is currently visiting Phnom Penh on a fact-finding and human rights monitoring mission.

He also met Foreign Minister of Cambodia to discuss the human rights situation in the country. He is scheduled to meet with Prime Minister Hun Sen on Thursday.

During his mission to Cambodia this time, he is focussing on the system of justice and the independence of the judiciary in Cambodia and its impact on human rights.

Meanwhile, BBC has quoted the Centre for Justice and Reconciliation, a local organisation funded by the UN, as saying that basic judicial rights, including the right to be tried in person, are frequently not met in Cambodia.

Of trials held in absentia, nine out of ten trials in absentia last for less than 30 minutes, and many call no witnesses, the organisation said.

“It is potentially tricky territory for Professor Subedi, who - unlike his predecessors - has maintained a good relationship with government officials,” said the news report adding, “But he seems to be able to deliver criticism in a way that does not put noses out of joint.” nepalnews.com

UN human rights expert urges strengthening of Cambodian justice system


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17 June 2010 – An independent United Nations expert today urged Cambodian authorities to strengthen the country’s judiciary and improve human rights, saying the nation still has too many shortcomings in its justice system.

“There is an alarmingly high number of people in detention due to various shortcomings in the criminal justice system, and the instances of miscarriage of justice are far too numerous,” Surya Prasad Subedi, the UN Special Rapporteur on the situation of human rights in Cambodia, warned at the end of his 10-day fact-finding mission.

“I call on the Royal Government of Cambodia to introduce appropriate measures to enhance the independence and capacity of the judiciary to enable it to function as an institution capable of providing justice to all in Cambodia,” he stated in a news release.

The expert concluded that Cambodia’s judiciary is facing tremendous challenges in delivering justice for its people, especially the poor and the marginalized.

He raised specific concerns relating to the judiciary’s role in protecting freedom of expression, and the narrowing of political space for critical debate in society, “due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents.”

Another major concern was cases involving land-related rights. “If you are poor, weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management systems, or through the courts,” said Mr. Subedi.

The Special Rapporteur welcomed the adoption of a series of new laws designed to strengthen the system of justice.

However, he warned that “a combination of a lack of adequate resources, organizational and institutional shortcomings, a lack of full awareness of the relevant human rights standards, and external interference, financial or otherwise, in the work of the judiciary, has resulted in an institution that does not command the confidence of people from many walks of life.”

Mr. Subedi, who met with King Norodom Sihamoni and members of the Government and judiciary during his visit, encouraged the Government to forge ahead with measures to enhance and strengthen the judiciary and to improve the situation of human rights, and offered his assistance for such efforts.

He will submit a report, including recommendations for judicial reform in Cambodia, to the Geneva-based UN Human Rights Council in September.

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US returns 7 sculptures dating from Angkorian period that had been smuggled from Cambodia

Sculpted sandstone artifacts are displayed at the Cambodian National Museum in Phnom Penh, Cambodia, Thursday, June 17, 2010. The United States returned seven sculptures from the great Angkorian era on Thursday that had been smuggled out of Cambodia. (AP Photo/Heng Sinith)


Sculpted sandstone artifacts are displayed during a ceremony at the Cambodian National Museum in Phnom Penh, Cambodia, Thursday, June 17, 2010. The United States returned seven sculptures from the great Angkorian era on Thursday that had been smuggled out of Cambodia. (AP Photo/Heng Sinith)


Cambodian Buddhist monks and officers pray during a ceremony held for artifacts that were returned to Cambodia, at the Cambodian National Museum in Phnom Penh, Cambodia, Thursday, June 17, 2010. The United States returned seven sculptures from the great Angkorian era on Thursday that had been smuggled out of Cambodia. (AP Photo/Heng Sinith)


The sculpted sandstones artifacts are on display after they were returned back at the Cambodian National Museum in Phnom Penh, Cambodia, Thursday, June 17, 2010. The United States returned seven sculptures from the great Angkorian era on Thursday that had been smuggled out of Cambodia. (AP Photo/Heng Sinith)



Cambodian Minister of Culture Him Chhem, left, prays while holding incense sticks during a Buddhist ceremony held for artifacts that were returned to Cambodia at the Cambodian National Museum in Phnom Penh, Cambodia, Thursday, June 17, 2010. The United States returned seven sculptures from the great Angkorian era on Thursday that had been smuggled out of Cambodia. (AP Photo/Heng Sinith)

Cambodian Buddhist monks pray over a sculpted sandstone artifact after it arrived at the Cambodian National Museum in Phnom Penh, Cambodia, Thursday, June 17, 2010. The United States returned seven sculptures from the great Angkorian era on Thursday that had been smuggled out of Cambodia. (AP Photo/Heng Sinith)

U.N. special rapporteur Surya Subedi

U.N. special rapporteur Surya Subedi walks through a Cambodian national flag upon his arrival in a conference room at the U.N. headquarter in Phnom Penh, Cambodia, Thursday, June 17, 2010. A United Nations envoy said Thursday that Cambodian are facing tremendous challenging to get justice from the country's judiciary system. (AP Photo/Heng Sinith)
Surya Subedi, United Nations Special Rapporteur on the situation of Human Rights in Cambodia, speaks during a news conference in Phnom Penh June 17, 2010. REUTERS/Chor Sokunthea

Surya Subedi, United Nations Special Rapporteur on the situation of Human Rights in Cambodia, speaks to the media during a news conference at human rights office in Phnom Penh June 17, 2010 after paying a 10-day official visit to Cambodia. REUTERS/Chor Sokunthea

Caritas marks 20 years of service in Cambodia


A Caritas worker in Cambodia distributing food aid. Caritas is currently celebrating its 20th year in Cambodia

via Khmer NZ News Media

June 17, 2010

Caritas Cambodia will spend US$16 million over the next five years to help develop communities in the country, its executive director said yesterday while celebrating the agency’s 20th anniversary.

The Catholic Church’s social service arm will continue its work in the community and in disaster relief programs as well as rights-based approaches to gender equality and justice that it has launched over the past two decades, said Kim Ratana.

Ratana addressed 500 people including government officials, Caritas staff and villagers at the June 15 ceremony. Participants, Deputy Prime Minister Men Sam An, guest of honor at the event, praised Caritas for its work.

The government is grateful to Caritas for its efforts to reduce poverty in the country, with its projects to develop agriculture, education and health care, said An.

Nheuk Savon, a 49-year-old farmer from Siem Reap province, said Caritas has been present in his village since 2002. “We received support to plant rice, rear chickens and grow vegetables. Our living standard has improved,” he said.

“Caritas created … community empowerment programs to encourage poor people to earn a living,” said Monsignor Enrique Figaredo, chairperson of Caritas Cambodia.

“As a result, they have the ability to develop themselves by making products,” said the Jesuit priest who is also apostolic prefect of Battambang.

In 1972, the Catholic Church in Cambodia launched an aid commission to help war victims. This commission took on the name of Caritas Cambodia.

It stopped functioning in April 1975 when the Khmer Rouge took control of the country.

On March 22, 1990, Bishop Emile Destombes, apostolic vicar of Phnom Penh , re-established Caritas Cambodia with the help of Caritas Internationalis and Caritas France and in cooperation with the Cambodian government.

Source: ucanews.com

Vietnamese Police Arrest Five For Selling 30 Babies

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DONG NAI (Vietnam), June 17 (Bernama) -- Five suspects have been arrested in the southern province of Dong Nai, Vietnam, for allegedly buying and selling about 30 infants since 2007, according to Vietnam news agency on Thursday.

The ring members made a confession to the police, saying that they had bought the infants at prices of 5 to 10 million VND (US$263 to US$526) each from several women with unwanted pregnancies in the southern provinces of Dong Nai, Binh Duong, Ba Ria-Vung Tau, Vinh Long, Soc Trang, An Giang, and Can Tho City as well as Ho Chi Minh City.

Then, they resold the babies to a woman named Hoa at a profit of 3 to 7 million VND (US$157 to US$368) each.

One of the ring member, who had worked as a prostitute and herself had had an unwanted pregnancy, sold her own twin infants for 8 million VND (US$421).

In the confession, the suspects bought seven newborn babies from Nuong and Duc in the city of Vung Tau for 7.5 milllion VND (US$394) each and five more babies from Pham Van Nam in Dong Nai in 2008 and sold the infants in Hai Duong Province and Ba Ria-Vung Tau Province, so as to be brought to China.

Vietnam news agency reported that the police is still hunting for the alleged ringleader of the group.

On another incident, police nabbed Phan Ly, a Cambodia citizen, in Chau Doc district in the southern province of An Giang last month in an alleged attempt to traffic Van Thi Hue to Cambodia, where Ly had promised her work as a waitress at wages of 1 million VND (US$52) per month.

Ly confessed to police that she could earn US$50 for each woman she successfully transported to Cambodia.

UN rights envoy says judiciary fails many Cambodians


via Khmer NZ News Media

Thu, 17 Jun 2010
By : dpa

Phnom Penh - The United Nations' human rights envoy to Cambodia said Thursday the country's judiciary is failing in key areas, adding that the government must take action to ensure justice for all.

Wrapping up his 10-day visit to assess the judiciary, Surya Subedi pointedly praised Phnom Penh for introducing a series of important laws in recent years, including an anti-corruption act.

But it was the shortcomings that dominated.

Subedi blamed the judiciary's failings on a number of factors including financial and political interference, as well as a lack of resources and limited knowledge of human rights laws.

"The judiciary is facing tremendous challenges in delivering justice for the people of the country, especially the poor and marginalised," Subedi said, adding that some judges were simply not interested in upholding the law.

Cambodia's crisis of land-grabbing by the powerful was a key theme, with Subedi saying the courts were failing to deal equitably with the scourge.

"If you are poor, weak and dispossessed of your land, you seem to have limited chance to obtain redress," he said.

"They have come to see me, they have gone to knock on other doors, they have gone to queue up outside the residence of the prime minister, so they are knocking on every possible door for justice," he said of the fruitless pursuit of justice by the landless.

Subedi also criticized the government's ongoing efforts to muzzle its critics through the courts. He said the use of defamation lawsuits was disproportionate and had narrowed the space for public discourse.

He called on the government to set out a timetable to implement a series of recommendations to improve the observance of human rights.

Subedi is mandated by the UN Human Rights Council to report on human rights in Cambodia, and is due to submit his report to the body in September.

Civil Society: The National Anti-Corruption Council Is Not an Independent Institution and the Nomination of Officials Is Politically Oriented – Wednesday, 16.6.2010

http://cambodiamirror.wordpress.com/

via Khmer NZ News Media

Posted on 17 June 2010
The Mirror, Vol. 14, No. 669

“Officials of some important civil society organizations in Cambodia do not trust that officials of the National Anti-Corruption Council, that held the first meeting at the Council of Ministers yesterday, can function properly, saying, ‘The National Anti-Corruption Council is not an independent institution, but it is politically oriented.

“The president of Cambodian Human Rights and Development Association [ADHOC], Mr. Thun Saray, said, ‘Civil society organizations do not think the institution is dependent, and as we had said before, this institution is composed of people appointed based on their political orientation.

“Also, the executive director of the Cambodia Defenders Project, Mr. Sok Sam Oeun, said that he could not say whether this newly created National Anti-Corruption Council can operate effectively to fight corruption.

“He noticed that the members of the council are persons with similar faces, adding, ‘It is just like the same car driven by the same drivers, but just it is painted with a new color to appear a bit nicer.’

“So far, both the Anti-Corruption Unit and the National Anti-Corruption Council do not seem to have earned the full support from the general public.

“Mr. Om Yentieng, becoming a member of the National Anti-Corruption Council automatically, as he has been nominated as head of the Anti-Corruption Unit last week, said that the eleven members of the National Anti-Corruption Council have now been appointed.

“A senior official of the Sam Rainsy Party thinks that Mr. Om Yentieng, nominated by the Prime Minister as the head of the Anti-Corruption Unit, will not be able to work effectively.

“Answering journalists questions regarding the appointment of Mr. Om Yentieng as head of the new Anti-Corruption Unit by Mr. Hun Sen’s government, a Sam Rainsy party parliamentarian and spokesperson of the party, Mr. Yim Sovann, said that he does not believe there will be a change in the fight against corruption.

“Mr. Yim Sovann added, ‘I think that corruption will not decline when Mr. Om Yentieng is the head of the new Anti-Corruption Unit at the Council of Ministers.’

“Mr. Yim Sovann noticed that corruption has spread further, adding ‘I believe that there is no change in the fight against corruption.’

“It should be noted that, according to the anti-corruption law signed by the King of the Kingdom of Cambodia in March 2010, the National Anti-Corruption Council must have eleven members assigned by the National Assembly, the Senate, the King, the government, the National Audit Authority, the Ministry of Parliamentary Affairs and Inspection, and the Human Rights Committee of the government.

“That law states that other duties of the council are to check the operations of the Anti-Corruption Unit, the investigators, and to report to Prime Minister Hun Sen to make final decisions.

“The president of ADHOC, Mr. Thun Saray, told reporters on Monday that civil society organizations will closely observe the activities of this institution.”

Khmer Machas Srok, Vol.4, #682, 16.6.2010
Newspapers Appearing on the Newsstand:
Wednesday, 16 June 2010

Briton in court over Thailand riots



Briton Jeff Savage shouted abuse about Thailand's prime minister when he appeared in court charged over riots

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Thursday June 17 2010

A Briton shouted abuse about Thailand's prime minister when he appeared in court charged over recent anti-government riots.

Kent-born Jeff Savage and Australian Conor Purcell, who joined Thailand's anti-government protests, have been charged with inciting violence and committing other crimes that could lead to two years in prison.

Both men denied the charges, which allege they violated an emergency decree imposed during the two-month protests.

Street clashes between so-called Red-Shirt protesters and Thai government forces killed almost 90 people and injured more than 1,400 before they were ended last month.

Savage, 48, screamed abusive comments about Thai prime minister Abhisit Vejjajiva as he was led past reporters, calling him "a murderer" and insulting Abhisit's wife.

Savage, who has lived on and off in Thailand for nine years, is accused of inciting or participating in arson.

Video footage surfaced on the internet of Savage purportedly stating his intention to set fire to Bangkok's CentralWorld shopping mall, one of Thailand's largest, after the military broke up the protests on May 19.

Later in the day, the shopping mall was devastated by a fire.

Purcell, 30, is accused of inciting violence by making incendiary speeches on the main stage at the protesters' encampment in central Bangkok.

"I'm confident I can beat the charges," Purcell said to reporters.

Press Association

Thursday, 17 June 2010

Mekong Countries Discuss Measures To Combat Disease

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HANOI, June 17 (Bernama) -- Medical specialists and doctors from Laos, Cambodia, Thailand, the United States and Vietnam discussed measures to prevent and control infectious diseases in the countries, in the lower Mekong River basin, according to Vietnam news agency on Thursday.

The two-day conference which kicked off on Thursday, is focusing on countries in the region cooperating on infectious diseases, the challenges and successes when implementing international health regulations (IHR) and fake and poor-quality medicines used in the treatment of infectious diseases.

In his address, Deputy Health Minister Trinh Quan Huan said that infectious diseases have a great impact on people's lives and that a number of diseases, such as cholera, which had earlier been brought under control in many countries across the region, now have recurred.

The fight against infectious diseases is a task for not only one nation but for every nations in the world, he said.

Cambodia courts inadequate to give justice to poor: U.N.

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Prak Chan Thul
PHNOM PENH
Thu Jun 17, 2010

(Reuters) - Cambodia must bolster the independence of its judiciary to ensure it can provide justice for all, including the poor who often appear to have little chance of legal redress, a U.N. rights official said on Thursday.

Cambodia has for years been rebuilding its institutions after decades of conflict and turmoil, including the Khmer Rouge "Killing Fields" rule, but its judiciary remains weak and prone to interference, critics say.

Surya Subedi, United Nations Special Rapporteur for human rights in Cambodia, said he was troubled by disputes over land and, in a reference to the government's tough stand on dissent, what he described as a narrowing of political space for debate.

"I call on the Royal Government of Cambodia to introduce appropriate measures to enhance the independence and capacity of the judiciary to enable it to function as an institution capable of providing justice to all," Subedi told a news conference at the end of a 10-day fact-finding visit.

In a drive to attract foreign investment, Cambodia has awarded big concessions to companies, most from China, Vietnam and South Korea, to run mines, power plants, farms and plantations for sugar, rice and rubber.

But non-governmental groups and opposition politicians have accused the government of evicting villagers from their land without negotiation or adequate compensation to make way for some concessions.

POOR AND WEAK

Subedi called on the government to reform the judiciary to ensure fairness when such disputes arise.

"Many judges may have the necessary commitment to deliver justice according to law, but for many this commitment is compromised by external interference and for others the commitment is just not there," he said.

"If you are poor and weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management systems, or through the courts."

The government denies the accusations of land-grabbing, saying evictions are lawful and compensation is more than adequate.

The government, dependent on aid from foreign allies and international organizations, has often shown impatience with criticism of its human rights record.

Subedi said he was disappointed about the cancellation of a meeting with Prime Minister Hun Sen for health reasons, but said other senior government and judicial officials whom he met had promised reform.

Subedi also referred to the case of a prominent opposition politician and former minister of women's affairs, Mu Sochua, who was sued by Hun Sen after she accused him of defamation.

"I am troubled by the ... narrowing of political space for critical debate in society, due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents," he said.

Mu Sochua lost her legal battle with the prime minister but has refused to pay a $4,000 fine, saying she would prefer to go to jail.

"My position as an international lawyer, nobody should be sent to prison for exercising freedom of expression," Subedi said.

(Editing by Robert Birsel)

US returns 7 stolen ancient Cambodian sculptures

via Khmer NZ News Media

PHNOM PENH, Cambodia — The United States returned seven sculptures from the great Angkorian era on Thursday that had been smuggled out of Cambodia.

Cambodian Buddhist monks blessed the artifacts during a handover ceremony at the port of Sihanoukville, said John Johnson, a U.S. embassy spokesman.

The sandstone sculptures were recovered by U.S Immigration and Customs Enforcement officials during an 2008 raid in Los Angeles. They arrived in Cambodia aboard the hospital ship USNS Mercy on Tuesday, Johnson said.

The Mercy docked at the seaport for a 13-day mission to provide free medical care to Cambodians.

Johnson said the artifacts include two heads of the Buddha, a bas-relief and an engraved plinth. The items date from 1000 to 1500 when the kings of Angkor ruled over an extensive empire and produced some of the world's most magnificent temples, including the famed Angkor Wat complex.

Cambodia and the United States signed an agreement to protect Cambodia's cultural heritage in 2003.

In 2007, the U.S. government returned the sandstone sculpture of a celestial dancer, or apsara, dating from the 12th century.

Cambodia's historic monuments suffered extensive damage from natural causes and looters, especially during the wars of the last three decades.

Many priceless pieces have ended up in private collections overseas.

DAP News ; Breaking News by Soy Sopheap

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New Land Regulation to Deal Resettlement on State Land

Thursday, 17 June 2010 10:28 dap-news

CAMBODIA,PHNOM PENH,June,17,2010-The land issues is a hot issue that occurred in Cambodia after the land price is higher,” Im Chhun Lim, Minister of urbanization, land management said on Thursday.

“Now we have new regulation of resolution of temporary settlement of state land which illegally lived, “he said.

He added that the new circular on the resolution on the temporary settlements on land which has been illegally occupied in the capital, municipal and urban areas officially is effective from now on.

It focused on data collection on actual numbers of temporary settlements, identification and mapping classification of the sites of temporary settlements, households and population census in temporary settlements, solution finding, and coordinated discussion in order to identify solution policies, basic public infrastructure and services to support livelihood, and participation of stakeholder in development.

At the same time, Kep Chutema, Phnom Penh governor said that sometimes we are difficult to deal relocation of poor people in city because it intervened from many people.”Our officials sometimes committed badly through increasing the data of poor families and impacts are huge,” he said. We have to cut their intervention, he added. The meeting this morning took part from the all stakeholders related to seek land resolution and relocation of poor. Phnom Penh is core place of poor and relocation.

Cambodian Government Bans Sculpturing of Country’s Leaders for Sale, Sovenior Display

Thursday, 17 June 2010 10:18 dap-news

CAMBODIA,PHNOM PENH,June,17,2010-The Cabinet of Samdech Techo Prime Minister Hun Sen on Thursday released directives to guide all state agencies, publics and sculptors about banning the sculpturing or molding of the images of country’s leaders who are still alive for decorating the households or souvenirs.

We informed all state agencies and publics to be aware that in past, it had some places we observed that having displayed sculptures and image of country’s leaders who are still alive as sculpture.

And it also has some artists sculpturing or molding the image of countries’ leader for sale or decorating at household or as souvenirs.

“All these forms are wrong with Cambodian traditions that did not allow anybody to make the sculpture or mold for people who are still alive to do that, “he said.

According to directive, the cabinet would like to appeal to local people, state agencies, and publics to stop displaying that image or sale of those sculptures and stopped molding or sculpturing our country’s leaders from now on.

The cabinet hopes it will have good cooperation and be effectiveness for this directive.

Cleaning up at the scene

Photo by: Heng Chivoan

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Thursday, 17 June 2010 15:01 Uong Ratana

A police officer pockets a necklace from an unconscious motorbike driver before putting him into a waiting ambulance on the Cambodian-Japanese Friendship Bridge Tuesday. The man was knocked from his bike after unsuccessfully trying to overtake a car.

Property law changes in pipeline

Photo by: Pha Lina
A construction worker stands atop a structure in progress in Chamkarmon district in January.

via Khmer NZ News Media

Thursday, 17 June 2010 15:03 Soeun Say

THE government is set allow foreign citizens to own up to 80 percent of private units in co-owned buildings as part of a new sub-decree due to be approved within the next month, an official from the Land Ministry said Wednesday.

“In one week or a month’s time, the government will approve a sub-decree for an 80 [percent] limit for property that a foreigner can own,” Nun Pheany, spokeswoman for the Ministry of Land Management, Urban Planning and Construction, told the Post.

The sub-decree is linked to the foreign property ownership law, which was passed earlier this year, she said. The law permits foreigners to own property above the ground floor of a building that is not within 30 kilometres of a border.

Despite early drafts of the law stipulating that foreigners would be able to own only 49 percent of a complex, the final law passed left the exact proportion open-ended, stating: “A sub-decree shall determine the proportion and percentage of private units that can be owned by foreigners.”
A sub-decree is generally considered easier than a law to review.

Nun Pheany said that the sub-decree is awaiting approval by the Council of Ministers. Council spokesman Phay Siphan could not be reached for comment on Wednesday.

Sung Bonna, president and chief executive officer of the Bonna Realty Group, welcomed the move on Wednesday.

He said that setting a cap on foreigner ownership would take some of the uncertainty out of investing in the Kingdom’s property market.

He added that although the Cambodian real estate market has yet to recover from the fallout of the global economic crisis, there are positive signs for recovery in the Kingdom’s urban centres.

He added that so far this year, the number of real estate transactions is on the rise – which he believes is a positive sign for the industry.

“Now, it’s good time to buy and sell property in any town in Cambodia,” he said.

The foreign property ownership law is intended to “guarantee to protect rights of legal holders in apartments or condominiums for co-ownership. It also will facilitate management work of co-ownership of apartments and co-owners who live in the apartments or condominiums”.

The law has nine chapters and 24 articles and covers all types of apartments and condominiums across the country.

KRT graft report due by July

Photo by: Pha Lina
Uth Chhorn (left) poses for a photographer Tuesday during a press conference introducing the Anticorruption Council.

via Khmer NZ News Media

Thursday, 17 June 2010 15:03 Vong Sokheng

Anticorruption office cites difficulty in coordinating with UN side as reason for delay.

AN anticorruption office established last year at the Khmer Rouge tribunal will release its first public activities report by the end of this month, its top official said Wednesday.

Uth Chhorn, the tribunal’s independent counsellor (IC) who is also head of the government’s National Audit Authority, said Wednesday that delays in the release of the report – which an official originally said would be made public “in April or May” – stemmed from difficulties in coordinating with the court’s UN side.

“We have had good cooperation in the work, but there is some delay because my partners on the UN side have been busy with their work.

Therefore we have had a bit of difficulty in coordinating time for consultations on the final report,” he said.

Last August, Uth Chhorn was appointed to the newly created independent counsellor position, charged with addressing allegations of corruption and other misconduct.

In March of this year, Prom Vicheth Sophorn, deputy director of the NAA’s Audit Department 3, told the Post that the office of the IC was pursuing three anonymous complaints of corruption – two involving the national side of the court, and one involving the UN side.

One of the two national staff complaints related to the alleged wrongful termination of an employee, and the other stemmed from charges that security workers had been forced to pay a portion of their salaries to their superiors.

The complaint from the UN staff was an additional wrongful termination allegation.

Prom Vicheth Sophorn said at the time that all three investigations were “in progress”, and that the IC’s office would issue a public report detailing its activities in “April or May”.

Uth Chhorn said Wednesday that the investigation into the salary kickbacks complaint had been completed. He declined to give any details about its findings, citing the need to protect the safety of anonymous complainants.

He said he could not disclose which complaints would be included in the forthcoming report.

Corruption allegations at the tribunal date back to 2006, when Cambodian staffers first said they had been forced to pay salary kickbacks.

In November 2008, a report by a German parliamentary delegation quoted Knut Rosandhaug, the court’s deputy director of administration, as saying that corruption was “a serious problem ... which impedes on the work of the hybrid court”.

Long Panhavuth, a project officer at the Cambodia Justice Initiative, said the IC’s activities could signify improved transparency at the tribunal, and that the release of a public report could demonstrate its effectiveness.

“We won’t be able to conclude that the independent counsellor’s office will play a transparent role in fighting and stopping corruption unless we have seen the report,” he said.

UN court spokeswoman Yuko Maeda said she could not discuss the work of the IC’s office, since it operates independently of the court.

Testing of KR history expanded in schools


Photo by: Courtesy of the documentation center of Cambodia
High school students in Pursat province receive copies of A History of Democratic Kampuchea last year. This year’s national history test drew from the textbook.

via Khmer NZ News Media

Thursday, 17 June 2010 15:03 Mom Kunthear and Brooke Lewis

THE question, appearing on a history exam administered nationwide to Grade 12 students on Wednesday morning, was simple: Who were the leaders of the Khmer Rouge regime?

But for those who have been pressing for a fuller, franker presentation of the Democratic Kampuchea period in Cambodian classrooms, its inclusion marked a significant step forward.

Prior to this year, high school history tests drew from a government-approved textbook that gave short shrift to the regime and its history, omitting some of the most basic facts about it.

“The government never included the names of the leaders in their textbook,” said Youk Chhang, director of the Documentation Centre of Cambodia.

Terith Chy, team leader of DC-Cam’s Victim Participation Project, said the old material likely reflected the fear that identifying high-ranking regime officials – many of whom were unknown to the general public – would compromise national reconciliation efforts.

“At least the reason they gave was national reconciliation,” he said. “They didn’t want people to hold a grudge.”

In 2007, however, DC-Cam launched A History of Democratic Kampuchea, a textbook that Youk Chhang described on Wednesday as “the core material to supplement the government’s textbook”. This year, its contents are reflected on national exams for the first time.

Five of the 14 questions on this year’s history test deal with the Khmer Rouge period. In addition to identifying regime leaders, students are asked to explain “why it is said that S-21 is a tragedy for the Cambodian people; who was behind S-21, also known as Tuol Sleng; how the administrative zones of Democratic Kampuchea were organised; and when the regime was in power”.

An Education Ministry official who wrote this year’s test, and who asked not to be named for “security” reasons, said he had tried to keep the questions simple because it is difficult even for teachers – let alone students – to come to terms with the regime.

“This subject of the Khmer Rouge regime is very difficult to teach and also to learn, because not only is it difficult for the students to understand, but also for the teachers themselves to understand,” he said.

“Some teachers don’t believe that the regime did not have markets, did not use money, killed the same nationality as themselves, that people had no food to eat, and that parents were not allowed to stay with their children.”

This is at least partially true for Ratha Sopharith, an 18-year-old student at Intratevy High School in Phnom Penh, who said Wednesday that he did not believe the Khmer Rouge were responsible for all of the atrocities attributed to them.

He was quick to add, though, that he was not a Khmer Rouge supporter, either.

“Even though I don’t believe it, I don’t follow the leaders during that time because they led the country to poverty and killed people of the same nationality,” he said.

He went on to express enthusiasm for the Khmer Rouge history unit, at one point referring to it as his favourite. Chhay Ly, a 19-year-old student at Sok An May 1 High School in Takeo province, said he, too, enjoyed the material, and that he did not find Wednesday’s exam questions difficult.

“They were very easy questions for me because I am interested in Khmer history, and I always read the Khmer history books,” he said. “I am happy and proud of myself that I have a chance to learn about the Khmer Rouge – most people all over the world are interested in this history.”

Youk Chhang said DC-Cam staffers running workshops on the teaching of the material have come away with the impression that both students and teachers are interested in it.

“The teachers feel like they know this, they can teach this, and it belongs to them,” he said. “And for Cambodian students, they love stories ... part of our tradition is oral history.”

But this does not mean the process is easy, particularly for teachers who are direct or indirect victims of the regime.

“They are still very upset because the pain they suffer is just so deep, and now we are telling them to teach this so that genocide can be prevented, so that we can work towards reconciliation,” he said. “And some teachers hold a grudge against the children of the Khmer Rouge.”

He added, though, that it is necessary for the teachers to work through this.

“The whole purpose of this teaching is to contribute to genocide prevention, to contribute to national healing and peace building,” he said. “We need to make all efforts so that the children can also contribute to this.”

Garment workers plan to strike for higher pay


via Khmer NZ News Media

Thursday, 17 June 2010 15:03 Kim Yuthana and Ney Someta

A TRADE union representing more than 80,000 garment workers plans to hold a three-day strike next month to demand a 40 percent increase in the minimum wage, despite pleas from the Ministry of Labour that it await the outcome of pending negotiations.

In a letter sent Tuesday, Chea Mony, head of the Free Trade Union of Workers of the Kingdom of Cambodia (FTU), said the intent of the strike, which will run for three days starting July 13, will be to demand that the government raise the minimum wage for garment workers to “at least” US$70 per month. The current monthly minimum wage is $50.

“All the workers should raise their voices in order to achieve a reasonable salary and better conditions for work,” he said in the letter, copies of which will soon be distributed to the 86,000 garment workers the union represents.

Another aim of the strike will be to push for fair treatment of workers at the Tack Fat garment factory in Meanchey district. During a protest last month, some 87 workers there accused management of unfairly cutting their shifts after they refused to accept different positions.

The announcement came less than two weeks after the Labour Ministry urged unionists to hold off on strikes so that minimum wage negotiations could go forward. In a letter dated June 3 and addressed “to all workers”, the ministry’s Labour Advisory Committee said union members should consider staging a strike only after attempts at negotiating a new minimum wage had been exhausted.

“The Labour Advisory Committee would like to call for all workers to practise their rights properly, according to the law,” states the letter, signed by Labour Minister Vong Soth.

Ken Loo, secretary general of the Garment Manufacturers Association in Cambodia, said he welcomed a discussion of the issues raised by Chea Mony in his letter, expressing hope that they would “be put into consideration”.

But Interior Ministry spokesman Khieu Sopheak warned that Chea Mony would face the full extent of the law if the strike led to violence. “Chea Mony will be put in a position to face the law if he does something illegal,” he said Wednesday.

Meanwhile, Chea Mony said Wednesday that he had decided to back away from a previous plan to resign as president of the FTU, announcing that he would run in elections scheduled for June 27.

Chea Mony said on May 16 that he would step down as president, citing health and other reasons. On Wednesday, however, he said FTU members had convinced him to stay on.

“I will continue to serve the workers for three more years as president of FTUWKC in response to the suggestion of workers who sent their petitions to support me,” he said. “They don’t want me to resign. They need me to help them combat factory owners who do not respect Cambodia’s labour laws and who look down on workers”.

He added that no other candidates have been nominated to oppose him in the election.

Lost court file delays KDC land row case


IN DATES KDC dispute in Kampong Chhnang

1996
KDC International Company, headed by the wife of Minister of Industry, Mines and Energy Suy Sem, claims to have bought land that the rights groups Licadho says has been occupied since 1982.

2007
KDC International asserts its ownership of the disputed land, saying it has struck deals with 105 families. However, Licadho says two-thirds of the families never agreed to sell the land to the private company.

2008
Community representative Sar Song is sentenced to 10 years in prison on a charge of attempted murder. Licadho claims Sar Song was wrongly accused and punished for his activism.

2009
Phnom Penh Municipal Court convicts village chief Toch Ly of forging residents’ thumbprints on a complaint letter, and sentences her to 16 months in prison, according to Licadho.

2010
The remaining 64 families push for court action against a commune chief who they claim illegally sold their land. Legal manoeuvres are stalled, however, when a provincial court official reports that the case file has been lost.


via Khmer NZ News Media

Thursday, 17 June 2010 15:02 Khouth Sophakchakrya

ACASE file at the centre of a long-standing dispute between villagers and a private company headed by the wife of a government minister has been lost, an official at the Kampong Chhnang provincial court said Wednesday, sparking cries of judicial misconduct from rights workers.

Sam Chankea, coordinator for the rights group Adhoc in Kampong Chhnang, said residents of Ta Ches commune’s Lorpeang village asked him to intervene in the case after a court clerk told them the file was lost on June 4.

He said the file concerned allegations that the chief of Ta Ches commune used fake thumbprints to illegally sign over the villagers’ land – a claim the commune chief has denied.

On Wednesday, the clerk, Muong Sean, said he had tried for several weeks to locate the file, but had been unsuccessful.

“I put the file somewhere in my office, but right now I cannot find it,” he said.

The Justice Ministry released a letter in February ordering the court to investigate the allegations, Sam Chankea said. He added that, because no hearings have been held in the case since then, he suspected that the loss of the file was not an accident.

“I strongly believe that the court clerk is using this lost file as an excuse to delay or cancel this case,” he said.

The losing of the file is the latest development in a dispute pitting villagers against KDC International Company, which is headed by Chea Kheng, the wife of Minister of Industry, Mines and Energy Suy Sem.

The villagers, who originally totalled 108 families, say they have lived on the land for years. But in 2007, the company claimed the families had sold the land, and proceeded to bar them from planting crops.

Around 40 families have since struck deals with the company. The remaining 64 have claimed that they never signed over their land.

On Wednesday, Reach Seima, a representative of the 64 families, said they would protest if the loss of the file led to further delays in their case against Dy Doeun, the Ta Ches commune chief.

“If the court still does not bring our case to a hearing, we will file a complaint to the Ministry of Justice,” he said.

Other observers said Sam Chankea’s suspicions about the loss of the case file were reasonable. Mathieu Pellerin, a consultant with the rights group Licadho, said the incident marked “the latest example of misconduct and misuse of the court as a tool to intimidate the community”.

Last year, the chief of Lorpeang village, Toch Ly, was sentenced to 16 months in prison after Phnom Penh Municipal Court found her guilty of falsifying villagers’ complaint documents, Pellerin said.

In 2008, a villager was convicted of attempted murder and sentenced to 10 years in prison, in what Pellerin said was a thinly veiled punishment for the man’s activism.

“We’ve seen again and again ... the courts used as a tool to intimidate the community,” he said. “So it is not surprising at all to see the court now claims to have lost a case file, and that they can’t move forward.”

Phat Pouv Seang, a lawyer who represents KDC International Company, said Wednesday that the legal dispute is between the villagers and the commune chief and has nothing to do with the company.

ADDITIONAL REPORTING BY IRWIN LOY

City department leaves offices

Photo by: Heng Chivoan
People pack up papers and documents to move into the new festivals commision offices on Wednesday.

via Khmer NZ News Media

Thursday, 17 June 2010 15:02 Cheang Sokha

Staff of public ceremonies committee vacate building transferred to Pheapimex

AGOVERNMENT committee charged with organising public ceremonies has begun clearing out its offices, which are located in a building that was transferred to local investment company Pheapimex in March, an official on the committee said Wednesday.

The National Committee for Organising National and International Festivals (NCONIF) was informed in March that 57 workers were to vacate their riverfront offices on Sisowath Quay following the building’s transfer to Choeung Sopheap, the head of Pheapimex.

The transfer is one in a series of transactions that have drawn the ire of government critics, who say the companies benefiting are not subject to a competitive bidding process that could ensure they pay market prices for valuable property.

The move, originally scheduled for the end of March, was pushed back so that the committee could focus on preparations for Khmer New Year and the Royal Ploughing Ceremony. Members of the committee had also asked that they be given more space than the five rooms that were offered at the General Inspectorate for the National Buddhist Education of Cambodia.

A member of the committee, who spoke on condition of anonymity, said Wednesday that it had since been granted about half of the space in the Inspectorate building, and that the relocation of office equipment began late last week.

“But we still work at the old office building until the new office is completed,” he said. He said the new offices had yet to receive water and electricity connections or air conditioning.

He added that the committee had sent a letter in May to the headquarters of the Cambodian People’s Party requesting compensation, but that there had been no response.

Choeung Sopheap’s lawyer, Khiev Sebphan, said Wednesday that any problems stemming from the relocation would need to be resolved by Minister of Cults and Religions Min Khin, who arranged for the transfer of the building.

He added that he did not know what Pheapimex planned to do with either the committee’s building or the neighbouring Hotel Renakse, a French colonial structure that it also controls. Choeung Sopheap and Min Khin could not be reached for comment Wednesday.

Revenge suspected as motive in killing of boy and grandparents


via Khmer NZ News Media

Thursday, 17 June 2010 15:02 May Titthara

THE bodies of an 8-year-old boy and his two maternal grandparents were found Tuesday morning in Kampong Speu province’s Oudong district, in what police suspect is a “revenge killing”.

Khem Samon, the police chief in Oudong district, identified the victims as Vong Heng, 60; his 55-year-old wife, Sorn Srey; and Beng Theang, their 8-year-old grandson.

Beng Theang’s parents, he said, were working at their garment factory jobs in Oudong district at the time of the killing, and his sister lives and works in Phnom Penh.

“We are still investigating this case, but it doesn’t look like it was related to robbery because the perpetrators did not steal any valuable property or money or a motorbike,” Khem Samon said.

“We suspect that this is a revenge killing, but we cannot tell you the names of the suspected perpetrators. We need to conduct more research.”

San Mean, who lives in the same village as the family, said he saw two men visit the family home on Monday night.

He said one of them had previously asked to marry Beng Theang’s older sister but was rejected by her parents.

Sam Mean said he discovered the three bodies the following morning.

“We saw Vong Heng, who was dead and covered in blood on the bed under his house. His wife and grandson were in the house,” he said. “Then we reported the case to local police.”

Sem Chausok, a provincial monitor for the rights group Licadho, said he had travelled to the village to investigate the case.

But he added that he did not have enough information to speculate about a possible motive for the killings.