Wednesday, 11 May 2011

San Jose Cambodian community awaits justice

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KALWNews.org
By Becky Palmstrom

One of the worst genocides of the 20th century happened in Cambodia, in the 1970s. The extremist Khmer Rouge party, led by Pol Pot tried to create a rural farming society, evacuating people from their homes and jobs in urban areas to the country, where many were killed by the government, starved, or were worked to death.

KENNETH QUINN: The Khmer Rouge had a plan, and it was to remove all of these impediments so that then what is left is malleable group of peasant-citizens and others who were not in these classes, could be transformed into this new socialist Khmer Rouge communist person.

That was former U.S. Ambassador to Cambodia, Kenneth Quinn. Almost overnight, high schools were converted into prisons and the city's teachers, engineers, and lawyers were locked up in them. Hospitals were emptied out and shut down, the nurses and doctors killed for being intellectuals, and the patients told they had to figure out how to survive without medicine. A fifth of Cambodia's population died in what became known as the Killing Fields.

QUINN: They did that by uprooting everybody, separate families, take the children away, turn the children against the parents, destroy religion. Break down every stricture of society because then you have stripped away everything that in the view of the Khmer Rouge was corrupt and imposed from the West.

Many of the survivors became refugees and over one hundred thousand of them came to resettle in America. Now, they have a chance to seek justice. Reporter Becky Palmstrom has that story.

* * *

BECKY PALMSTROM: In June an international court in Cambodia will try four of the main Khmer Rouge leaders, who were responsible for the genocide. Some 40 survivors, now living here in America, will be involved in testifying in that trial. This is one of the first times survivors can be participants so directly in an international court - they provide testimony and can also confront the accused. The trail is a really big deal in places like San Jose, home to one of California's largest Cambodian communities.

In a Buddhist Temple in San Jose, about a hundred Cambodian immigrants are gathering to remember the tragedy.

SOPHANY BAY: Children, our parents, our sibling, our friend, they died during the Pol Pot regime, and we do the religious ceremony to remember all the people who died in the Khmer Rouge Regime.

Sophany Bay is a leader in this community. When she finishes speaking, the temple's monks begin their chants. They hold up page after page of paper. Every sheet has several names - the names of the relatives people here lost under the Khmer Rouge.

The lucky ones only have one close relative's name to mourn - most have many more. The eldest monk takes a flame to each and the pages burn as orange as his robes. The Cambodians clasp their hands together, their eyes closed, their mouths murmuring the Buddhist blessings.

BAY: If I did not see justice, you know, it's kind of like I kind of cannot close me eyes properly when I die.

Sophany Bay, the leader, lost her three children, her father, her brother, and her sister to the regime. She was one of the first people to record her testimony for the court.

BAY: The spirit of my children, my parents, you know, ask me why I don't find justice for them.

She's not the only one to feel that way.

SANIA MEAS: I'm still stressful, hateful, and denial - everything you know. I accept that my husband was dead, but I cannot face it.

Sania Meas was a Fulbright scholar in America before the Khmer Rouge came to power. When she returned to the states less than 10 years later, she was a refugee. She had lost teeth from the beatings. Her family members had been killed.

MEAS: Pain me to death. I cannot find my husband, I cannot find my son. So I do not care the judgment day, but for the sake of my community I want justice done for them.

To deal with her trauma, Meas studied for a third Master's degree in psychology.

MEAS: I went through a lot of counseling, but it doesn't help me a damn thing. I'm still there as ever. I went to about a hundred sessions, nothing cured me.

Researchers say more than half of the Cambodian diaspora suffer from posttraumatic shock syndrome - PTSD. That's why this trial is so important to many - it might help them heal.

Standing to one side of the room is a young, non-Cambodian woman. Her name is Nushin Sarkarati, and she's watching the ceremony intently. This is the first time Sarkarati has seen many of these people in person. But she knows their stories well. Sarkarati is a part of the Center for Justice and Accountability - an organization that offers legal counsel to survivors of human rights abuses. She is a lawyer and she's here today to tell these survivors, in person, whether their testimony will be part of this historic trial.

After the ceremony and more introductions Sakarati steps to the front of the room. Everyone leans forward.

NUSHIN SARKARATI: ASRIC collected 170 different testimonies to submit to the court. Forty-one of these were submitted as civil party applications, and 30 were actually admitted as a civil party.

She's explaining that everyone here who submitted a claim to the court will have it heard. All the testimonies will be used to try the four Khmer Rouge leaders this summer.

KELVIN SO: I am so happy that this is the first time that my case have been accepted by the Phnom Penh tribunal.

Though many, like Kelvin So, are relieved, others are not convinced of the court's legitimacy and wonder why the Khmer Rouge leaders get more rights than their victims ever did.

PARTICIPANT: My question is, why this court continues to go on with the trial, after all the evidence that we have. It is clear that the Khmer Rouge killed people without taking victims to trial. They didn't ask any questions; they just killed people. So why you need to carry on with this trial at all. It seems that we've been patient, but we cannot go on waiting for the results of this trial anymore.

SARKARATI: So, in any fair court of law, a defendant is innocent until proven guilty. So they are trying to make sure that these people are tried with all the rights that most defendants get in a fair court of law. This way when the judgment is issued nobody can ever contest the judgment. And say that this is an invalid judgment because the defendant didn't have all of his rights.

A handful of these Cambodian refugees will be there to testify directly to the court. Sophany Bay hopes she'll be among them.

BAY: I want to go to the court to see those killers and to ask them. I have three questions I want to ask them. One, I want to ask them, "Why you kill so many people?" Second, "You want to do that, you want to kill people, to get power or somebody behind you?" Number three, "Who stayed behind the scene?" I want to see them in court you know.

Some of these here today might finally be able to confront their torturers, tell the stories of their lost children, murdered husbands and dead relatives to the world. Kelvin So says it will be historic.

SO: I believe that this is a part of history if those leader got prosecuted and put to jail - it will be part of a big history for Cambodia. Maybe a small part of it too.

It might not cure the trauma, but confronting the truth of what happened in Cambodia is perhaps one step towards ensuring that it never happens again.

In San Jose, I'm Becky Palmstrom, for Crosscurrents.

As a Rotary World Peace fellow Becky Palmstrom has worked on a survey about what the court means to the Cambodian diaspora in America.

SBY urged to appoint special envoy for border dispute

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Sri Wahyuni, The Jakarta Post, Yogyakarta
Wed, 05/11/2011

President Susilo Bambang Yudhoyono, as the current chairman of ASEAN, has been urged to appoint a special envoy for the Cambodian-Thai border dispute to back the official and formal measures already encouraged by Indonesia.

Gadjah Mada University Institute of International Studies (IIS) researcher Riza Noer Arfani said that proposed measures, such as sending Indonesian observers to the disputed border and to assist the general border committee, were official and formal in nature.

“The negotiations are very formal. The measures are clear and so are the formats,” he said.

He added that what was needed is thorough observation and study regarding the roots of the conflict, the underlying interests it and what is needed to put an end to the strife.

“This is what the special envoy is tasked with to uncover,” he said, adding that the special envoy mechanism had often been used, including by the UN, the EU and countries, such as the United States, to deal with acute conflicts.

He said that he saw there was potential for the Cambodian-Thai border dispute to escalate into an acute conflict, considering that it has dragged on and both sides continue trying to maintain their own initial positions.

In order to capably help both parties soften their demands, he said a thorough investigation of their base interests, motivations and needs is necessary.

Cambodia, for example, wants Thailand to acknowledge Preah Vihea Temple as a world heritage site that all can make use of. Thailand, on the other hand, has responded differently, considering Cambodia’s actions as a border violation.

“If we look at alternative dispute resolutions, this [disputed border] actually can be jointly managed. But, of course this requires a process. It’s this process that will be done by a special envoy,” he said, adding that formal procedure would not fit such a process.

This process, he went on, needs a person who has mediating expertise and capabilities to thoroughly look into the problem and make both parties sit together at the negotiating table. This person, he said, must take an informal course of interaction before moving on to more formal stages.

“I can mention names for this task, one of them is [former vice president] Jusuf Kalla. If there is no one from Indonesia is thought to be capable, then we can use someone from another country considered neutral, such as Malaysia, the Philippines or Vietnam,” Riza said.

Riza, however, reminded that the special envoy must focus first on the core issue, which is the Preah Vihea Temple, as both Cambodia and Thailand tended to exacerbate the problem in their bid to either maintain or increase their respective bargaining positions.

“The task of a special envoy is to localize the issue so a clearer solution can be found,” he said.

Riza also said that firmness was needed from Indonesia as the chair of ASEAN to deal with the Cambodian-Thai border dispute, adding that otherwise, the conflict could bring instability to the ASEAN region.

“The credibility of Indonesia as the ASEAN chair is at stake,” he said, adding that what had been done by Indonesia so far was already on the right track, except that it lacked speed. “We need to move very quickly. It will be a shame for Indonesia if it cannot put an end to the conflict.”

ASEAN researcher Muhammad Rum, also from Gadjah Mada University’s School of Social and Political Studies, agreed, saying that as ASEAN chair Indonesia has good modality and momentum to improve its diplomatic position in the region.

The public, he said, has great expectations that Indonesia would be able to take ASEAN into more progressive integration in the fields of politics, economy and socio-cultural issues while struggling for national interests and regional millennium goals in the region.

“Sensitive problems have to be negotiated well but must not be taken for granted,” said Rum.

He said that the traditional ASEAN custom of sweeping problems under the rug for the sake of preserving harmony had only complicated existing problems.

Indonesian deal depends on Cambodian withdrawal: Thailand

The border dispute between the two members of ASEAN has erupted into clashes several times since 2008. [ABC TV]

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Thailand's Foreign Minister Kasit Piromya says his government is likely to sign a deal to station Indonesian observers on the Thai-Cambodia border.

However, he says Cambodia must withdraw its troops and civilians from disputed areas for the deal to go through.

Cambodia says it will not withdraw its troops and civilians, according to Kyodo newsagency.

Mr Kasit made the statement after returning from the Association of South East Asion Nations summit in Indonesia's capital Jakarta.

Indonesian brokered a meeting between Mr Kasit and his Cambodian counterpart, Hor Namhong, to negotiate the deployment of Indonesian observers as part of a solution to the ongoing border dispute.

Mr Kasit says he agreed to accept the ''packaged solution'' offered by Indonesia on the condition of a Cambodian withdrawal.

The border dispute between the two members of ASEAN has erupted into clashes several times since 2008, with the latest round just last month.

Cedar Park Christian grad raises more than $20,000 for education in Cambodia

Cedar Park Christian graduate Kenny King with a Cambodian student. COURTESY PHOTO

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By SPECIAL TO THE REPORTER
Bothell Reporter Contributor

King and partner win business-plan competition for nonprofits at University of Portland

University of Portland students Kenny King — a Bothell Cedar Park Christian graduate — and Kurt Berning have raised more than $20,000 for education in Cambodia. King and Berning are the founders of Global Alliance for Developing Education (Global ADE), an innovative nonprofit that is dedicated to building education in developing countries. The money was raised at a gala event on April 20, which featured a gourmet meal and an auction of items donated by community partners and University of Portland students.

King and Berning also took first place in the nonprofit category at the $100K Challenge, a business plan competition hosted by the University’s Entrepreneur Scholar (E-Scholar) program and Pamplin School of Business on April 30. Global ADE tied with junior Elle Hoxworth and her organization Shangilia Mama for the prize of a $2,500 grant and professional services award.

Global ADE, founded in 2010, funds grassroots educational improvements spearheaded by individuals and organizations that live in the communities in which they work. Global ADE's model connects the knowledge and skills of these individuals and organizations with resources from domestic and international sources to create opportunity for students, teachers and community leaders.

In Cambodia, Global ADE will partner with existing organizations to fund innovative programs that address obstacles in the education system. This holistic approach to improving education includes expanding an existing microfinance program, building a secondary school, innovative teacher training and classroom programs and scholarships for high-school students to attend university.

Berning and King recently traveled to Cambodia through the university’s E-scholar program to begin making partnerships between existing organizations and Global ADE. King and Berning were able to learn more about Cambodian culture and evaluate several education programs and schools. During a trip to one school, both were able to assist in the teaching of an English class and meet hard-working high school-students with no money to pay for college.

“The trip has inspired me to work tirelessly to improve the quality of schools in Cambodia and offer opportunities to the deserving students,” said Berning. “The need in these schools is dire, and even a relatively small amount of money in the U.S. can make a dramatic impact on the life of a Cambodian student.”

In December, King and Berning partnered with Bon Appétit Management Co., the university’s food service provider, to have fellow students donate unused meal plan points to Global ADE. More than 200 students donated a total of $24,964 worth of points. These points both funded the dinner and were auctioned as packages including a meal plan for students and Bon Appétit catering.

“We want to build up the whole system of education, not just help build schools, and to make sure people can find jobs and get vocational training,” said King. “We want to explore microfinance opportunities, and we see the potential for our projects to be more like community centers than just schools.”

Global ADE is focusing on Cambodia because of the opportunity for success there. According to King and Berning, Cambodia is a country that is lagging behind in a region that is doing well. Also, they say there are many primary schools in the country but only a limited number of secondary schools available to students.

King, a global business and German studies double major, and Berning, a finance and operations management major, are both E-Scholars. The E-Scholar program provides classroom activity and applied experience, including travel abroad, to expose students to new and different ways of doing business and encourages students to create new business ventures or develop and implement strategies to improve existing enterprises. Through E-Scholars, King and Berning travelled to China and Cambodia in 2011 and made a trip to New York City in 2010 to met with several nonprofits and develop contacts in Cambodia.

Electricity Courtesy of Rice and Sun in Cambodia

Thai PM calls early elections

Pull troops or no deal, says Kasit

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Published: 11/05/2011 at 12:00 AM
Newspaper section: News

Thailand has sent a "strong message" reiterating that Cambodia must withdraw its troops from the disputed area around Preah Vihear temple.If Cambodia refuses, then the so-called "package solution" agreed by the foreign ministers of the two countries on Monday in Jakarta will not be put into practice.

Foreign Minister Kasit Piromya, in an interview shortly after arriving at Suvarnabhumi airport from Indonesia yesterday, insisted that the Indonesian observer team would be allowed to be stationed in Thailand only if Cambodia first withdrew its soldiers from the 4.6-square-kilometre disputed area.

Mr Kasit said he and his Cambodian counterpart agreed on the package solution proposed by Indonesian Foreign Minister Marty Natalegawa, who mediated Monday's talks to defuse ongoing border clashes that erupted at the beginning of February.

The solution would allow the deployment of Indonesian observers.

Mr Kasit said under the solution Thailand would exchange the terms of reference (TOR) with Indonesia in the first step but that this would have to be approved by the Thai cabinet next week.

He said if approved, the TOR would first allow Indonesia's survey team to travel to Thailand to talk with the Si Sa Ket governor and survey four locations where observers could be stationed.

Mr Kasit said in the second step the two countries must hold a General Border Committee meeting to discuss Cambodia's troop withdrawal in detail.

"If [Cambodia] refuses to withdraw, the observers can't come," said Mr Kasit.

Thailand had sent protest notes on 13 occasions to Cambodia, the United Nations, Unesco and the World Heritage Committee.

He refuted allegations that Thailand was dragging its feet on the TOR issue by setting the condition that Cambodia must withdraw its troops first.

Mr Kasit said the arrival of the observers amid the presence of Cambodian soldiers in the disputed area would give credence to Cambodia's claims to the land and would be a self-admission by Thailand of the loss of its territory.

PM Abhisit takes border peace one step back with new conditions

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By Piyanart Srivalo,
Supalak Ganjanakhundee
The Nation
Published on May 11, 2011


Prime Minister Abhisit Vejjajiva took the Indonesia-brokered peace solution back to square one yesterday as he insisted that Cambodia withdraw its troops "before" a team of observers can be accepted and added an extra condition by requesting that Jakarta dispatch an advance survey team to the border area.

Foreign ministers from Cambodia, Indonesia and Thailand met in Jakarta on Monday and agreed to combine all conditions and demands from both sides into one package. However, under the package, all parties must refrain from setting prerequisites before the package is implemented.

"We talk about who must do what in advance before taking the next step. It is a process, not an event-by-event thing," Indonesian Foreign Minister Marty Natalegawa said.

To be more precise, he said it would happen when Thailand had formally agreed with the terms of reference (TOR) of the team of Indonesian observers, and at the same time Phnom Penh had announced the meeting of the military-run General Border Committee (GBC).

Initially, both sides agreed to the text of the TOR, but Thailand would not officially accept it until Cambodia withdrew its troops from the disputed areas and the Preah Vihear temple. Bangkok wants the troop withdrawal to be discussed by the GBC.

For its part, Cambodia has rejected the condition and is refusing to call the GBC meeting until Thailand formally accepts the team of observers.

In the Cabinet meeting yesterday, Abhisit said he would have the new peace package considered by the Cabinet as well as propose that Indonesia send an advance survey team to the border before the TOR and troop withdrawal is discussed.

Premier's proposal of an advance team is a modification

Abhisit's proposal of an advance team is a modification, because the four-page TOR - a copy of which was seen by The Nation - does not mention any advance teams. The TOR mostly indicates the role of the team of observers and the location where they will be stationed.

The prime minister also said he wanted the conflict in the border areas of Ta Muen Thom and Ta Khwai in Surin province, where a serious military clash broke out in late April, to be included in the peace package.

Cambodia has not put any additional conditions in the package because, as Foreign Minister Hor Namhong told Kyodo News, his government was ready to accept the package, which involves a series of steps to be taken by the two countries under a specific timeline.

Speaking to reporters upon arrival from the Jakarta peace talks, Thai Foreign Minister Kasit Piromya said there would be no implementation of the peace package until Cambodia withdrew its troops from Preah Vihear and adjacent areas.

Thailand has been consistently calling for the withdrawal of Cambodian troops, because a military presence goes against the spirit of the Hague Convention for the protection of cultural property and the memorandum of understanding signed in 2000 by both countries, he said.

ASEAN Summit Highlights Economic Gains, Political Growing Pains

Brian Padden, VOA
Jakarta Tuesday, 10 May 2011

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Photo: AP
Indonesian President Susilo Bambang Yudhoyono delivers his speech during the opening ceremony of the 18th ASEAN Summit in Jakarta, May 7, 2011.

"At the moment we have meetings and meeting of officials and have firmed up the defense side by moving it from informal to formal, but there has been no [not] anything done jointly by ASEAN..."

Leaders of the 10 member states of the Association of Southeast Asian Nations began a two day summit in Jakarta Saturday. The organization has made progress in creating an economic trading block, but still faces great challenges in finding common ground on political and security matters.

All the ASEAN heads of state, with the exception of Singapore, are participating in the Jakarta summit. Singapore's prime minister stayed at home to await the results of the election there.

Indonesian President Susilo Bambang Yudhoyono opened the summit and endorsed ASEAN's recent efforts to mediate peace between two member states, Thailand and Cambodia, that have been fighting since February.

The two countries moved closer to ending an ongoing border conflict Friday, when both sides agreed in principle to accept 15 Indonesian observers in the conflict zone. Thai and Cambodia troops have been exchanging gun and artillery fire in a dispute over an area surrounding an ancient Hindu Khmer Temple that both countries claim.

President Yudhoyono also cited the challenges the region faces, such as soaring food and energy prices, the threat of terrorism and natural disasters that frequently strike in southeast Asia. He said ASEAN needs to become a more coherent and effective force to respond to these threats and maintain peace and stability in the region

The goal of the summit is to continue progress in making ASEAN an effective regional community with binding rules governing economic trade and political and security cooperation.

There has been strong support by all the leaders to create a unified economic trading block. Since 2010, ASEAN members have adhered to a free trade agreement with China, even though there have been some calls to modify the agreement to protect local industries from cheap Chinese imports.

But ASEAN members have been reluctant to enforce its own charter on issues of democracy development, protecting human rights and maintaining regional peace and security.

Carl Thayer is a southeast Asia political analyst with the University of New South Wales in Australia. While he credits Indonesia for its mediation efforts in the Thai-Cambodia conflict, he says ASEAN's inability to impose sanctions on member states that violate the organization's charter continues to limit its effectiveness.

And he says when it comes to mutual security issues, it is hard to see progress other than talk about humanitarian assistance, disaster relief, and improving border protection.

"At the moment we have meetings and meeting of officials and have firmed up the defense side by moving it from informal to formal, but there has been no [not] anything done jointly by ASEAN in the defense and security spheres. It is all bilateral, trilateral," said Thayer.

He says while ASEAN's plan for economic integration is on track, when it comes to political and defense issues, the organization is still in the talking stage.

Government, Adhoc To Form Land Investigation Team

Chun Sakada, VOA Khmer
Phnom Penh Tuesday, 10 May 2011

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Phnom Penh city workers demolish wooden houses in Boeung Kak lake as a man in the water collects his belongings in Phnom Penh, Cambodia, Jan. 14, 2011.

“We want to provide the authorities our findings, testimony and recommendations for solving land disputes.”

The government’s human rights committee and Adhoc, a local rights NGO, have agreed to establish a joint working group for investigating land disputes, which have become an increasingly thorny problem nationwide.

Om Yentieng, head of the government’s Human Rights Committee, said the working group will investigate land disputes together and issue a joint report, even if both sides are not in total agreement.

“It does not mean that the working group must have only one voice in a joint report, but that the working group works on the same case,” he said, opening a land dispute workshop in Phnom Penh Tuesday.

Om Yentieng, who is also a senior adviser to Prime Minister Hun Sen and the head of the Anti-Corruption Unit, said the working group made for a “concrete step” in addressing the problem of land disputes, where the rural poor are often ousted from their land by powerful business interests.

Findings by the working group would be put forward to the National Authority for Land Dispute Resolution, members of the government and the courts, he said. “But we do not need others to respect our decisions, because our recommendations or points of view are not a verdict. Our decisions are a light.”

Thun Saray, president of Adhoc, which has a vast network of rights workers across the country, told reporters Tuesday that a joint working group would be more productive than to have his group and the government at odds with each other.

“We want to provide the authorities our findings, testimony and recommendations for solving land disputes,” he said, adding that the courts or national land resolution committee would ultimately be responsible for solving any one issue.

Adhoc received more than 200 land dispute cases in 2010, accounting for more than 300 victims.

“We’ll work jointly to find the facts,” he said. “We’ll help to solve some complicated cases. It is good. This cooperation will not silence us from speaking out.”

Yem Ponhearith, lawmaker for the Human Rights Party, called the working group a good step toward resolving land disputes, but its success would depend on both sides’ gathering of the facts.

US-Cambodian Group Prepares Lobbying Effort

Sok Khemara, VOA Khmer
Washington, DC Tuesday, 10 May 2011

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US Congress, located in Washington, DC.

“We will educate the members of Congress about what the Cambodian people are facing.”

A Cambodian-American advocacy group has begun a lobbying campaign in the US Congress for hundreds of thousands of Cambodians living in the US.

“We will educate the members of Congress about what the Cambodian people are facing,” said Theanvy Kuoch, founder of the National Cambodian American Health Initiative.

Cambodians who survived war and made it to the US are not well understood, she said. “We work together in the United States to meet congressional members and educate them who Cambodians are. If not, they don’t know us.”

About 15 US-Cambodians will talk to lawmakers May 24 and May 25 to discuss issues ranging from diabetes and high blood pressure to mental trauma and psychosomatic conditions, she said.

The group will also organize about 500 Cambodians to hold a candlelight vigil in front of the White House in Washington this fall, she said.

Dani Morton, a grassroots activist from Seattle, Wash., who has worked closely with Theanvy Kuoch, said Cambodians are often heard at the national level.

“There are all kinds of consequences we see in Cambodian communities, which are mainly language and cultural barriers,” she said.

Both Morton and Theanvy Kuoch traveled to Washington last week to join the 32nd anniversary of Refugees International.

Media Experts Worry About Declining Freedom

Sok Khemara, VOA Khmer
Washington, DC Tuesday, 10 May 2011

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Photo: AP
Hang Chakra, the publisher of Khmer Mchas Srok newspaper who was detained in 2010, told “Hello VOA” Thursday the paper had been doing well until he was held under criminal disinformation and defamation charges.

“We are not killers murdering someone, and we aren’t robbers.”

Media experts say freedom of expression is on the decline in Cambodia, especially as journalists have recently been detained under criminal disinformation.

Hang Chakra, the publisher of Khmer Mchas Srok newspaper who was detained in 2010, told “Hello VOA” Thursday the paper had been doing well until he was held under criminal disinformation and defamation charges.

“That made me very disappointed, but now I continue with my work and reform that is balanced,” he said. He has again started publishing his paper, which is supportive of the opposition Sam Rainsy Party, about a month ago, following more than a year’s absence.

Moeun Chhean Narridh, director of the Cambodian Institute for Media Studies, who was also a guest on “Hello VOA” Thursday, said journalists should not be punished under criminal laws.

“Criminal punishment with imprisonment for a journalist is not equal to the infraction,” he said. “We are not killers murdering someone, and we aren’t robbers.”

Such charges should not carry criminal jail time, he said, especially under a strong press law.

Cambodia is currently ranked as “not free” by the US-based Freedom House, and is ranked 141 of 196 countries by the organization.

Prosecutor Questions Tribunal Jurisdiction in Third Case

Kong Sothanarith, VOA Khmer
Phnom Penh Tuesday, 10 May 2011

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Photo: AP
Former Khmer Rouge leaders Khieu Samphan, left, and Nuon Chea, right, look on during the funeral for Khieu Ponnary, the first wife of Khmer Rouge leader Pol Pot, in the former Khmer Rouge stronghold of Pailin, northwestern Cambodia, (File photo).

"Those named in the case are “neither senior leaders nor those who were most responsible during the period of Democratic Kampuchea.”

The Cambodian prosecutor for the Khmer Rouge tribunal announced Tuesday that potential suspects named in a third case for the UN-backed court do not fall under its mandate, putting herself at odds with her international counterpart and reviving debate over two contentious cases.

Prosecutor Chea Leang said in a statement the suspects in Case 003, whose names are confidential, should not be prosecuted or investigated further, as they are not the persons most responsible for the crimes of the Khmer Rouge.

Her statement follows complaints by several victims of the Khmer Rouge naming those they thought responsible under cases 003 and 004.

It also follows public remarks by her international counterpart Monday calling for the names of suspects to be made public and for more investigation to continue.

Investigating judges announced April 29 they had concluded their investigations in Case 003, offering a short period for prosecutors to review the case.

“The named suspects in case file 003 do not fall within the jurisdiction” of the tribunal, Chea Leang said in her statement. Those named in the case are “neither senior leaders nor those who were most responsible during the period of Democratic Kampuchea.”

Richard Riot Denies Blaming Thailand

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PUTRAJAYA, May 10 (Bernama) -- Deputy Foreign Minister Datuk Richard Riot strongly denied Tuesday that he made a statement blaming Thailand for the border clash with Cambodia.

Riot said that his remarks were misinterpreted by journalists who interviewed him after he opened a symposium on the Dynamics Of Youth and Terrorism in Kuala Lumpur organised by an agency under Wisma Putra.

"I was asked twice whether I blamed Thailand and I replied 'No'. "So I don't know how come it was published in the papers that I blamed Thailand," he told reporters here.

Riot was yesterday reported as saying that Malaysia blamed Bangkok for the clashes between Thai and Cambodian troops along the disputed border near the ancient Preah Vihear temple.

Riot said the Malaysian embassy had told the Thai Foreign Ministry that his statement had been misinterpreted and the ministry had accepted the clarification.

He said that it was the Malaysian government practice not to interfere in the internal affairs of other countries, especially Asean members.

Army bans fuel exports to Cambodia

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Published: 10/05/2011 at 01:39 PM
Online news:

The 2nd Army command has ordered a halt to further exports of fuel and other products the Cambodian military may need to support their troops in operations against Thai forces along the disputed border.

The export ban will last until the border situation really returns to normal, according to the 2nd Army order obtained and published by the local media today.

The order is intended for the customs office at the Chong Chom immigration checkpoint in Surin’s Kap Choeng district.

It said the office must request cooperation from traders of oil, natural gas and other products needed by Cambodian troops.

This morning, the number of Cambodian people crossing the border to buy food products at the fresh market near the Chong Chom checkpoint remained lower than normal. The market was only recently re-opened after being closed because of the fighting on the Cambodian border in Surin and Buri Ram.

A number of Thai tourists crossed the frontier into Cambodia today, most were seen headed to a casino not far away.

Although most shops at another market near the checkpoint have also reopened, the number of both Thai and Cambodian shoppers was not as high as it used to be.

Thai-Cambodian Border Dispute Fueled by Nationalism, Politics

Daniel Schearf
Bangkok May 10, 2011

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From left, Indonesia's President Susilo Bambang Yudhoyono, Cambodian Prime Minister Hun Sen, right, and Thai Prime Minister Abhisit Vejjajiva , center, sit during a trilateral meeting in Jakarta, Indonesia, May 8, 2011

An ancient temple on the border between Thailand and Cambodia is at the heart of a deadly dispute between the two countries. Clashes along the border this year have killed some 30 people and sent tens of thousands of villagers fleeing. Both governments say the dispute is about who owns the land around the temple. Nationalism and domestic politics in both countries also play a key role in driving the conflict.

The border dispute dominated the agenda of this year’s summit of Southeast Asia nations, where efforts by host Indonesia failed to bridge major differences between the two sides.

When Thai Prime Minister Abhisit Vejjajiva and Cambodian Prime Minister Hun Sen met Sunday at the meeting of the Association of Southeast Asian Nations, they exchanged accusations over who is responsible for prolonging the conflict.

Thailand’s Prime Minister argues that Cambodia provoked the fighting by stationing troops in the disputed area. Since then, he says Cambodia has repeatedly tried to internationalize the dispute by involving outside groups such as ASEAN and the United Nations.

Thitinan Pongsudhirak is Director of the Institute of Security and International Studies at Bangkok’s Chulalongkorn University.

"ASEAN has tried to mediate. There was an agreement in February to send Indonesian peace observers to both Cambodia and Thailand and Thailand agreed to it. But, the domestic crisis in Thailand is such that the army has superseded the civilian Abhisit government by reneging. And, basically, the agreement has been abrogated by the Thai side," Pongsudhirak explained.

In Thailand, the border clashes have come as the government prepares for nationwide elections in early July, raising suspicions that the country’s divisive domestic politics are playing a role in the conflict.

The election is seen as a showdown between Thai elites backed by the military and an opposition party supported by former Prime Minister Thaksin Shinawatra, who had friendlier relations with Cambodia during his time in power.

The military ousted Thaksin in a 2006 coup that was backed by nationalist demonstrators known as the Yellow Shirts. His supporters were purged from the military and government and he went into self-imposed exile to avoid corruption charges.

Since then, the country’s politics have been bitterly divided and opinion polls indicate the July elections vote will be close.

William Case is a professor of Asian and International Studies at City University of Hong Kong. He says Thaksin’s opponents may be hoping the border crisis can rally the nation behind them or can be used as an excuse to postpone elections.

"There are certain forces which would include the military and the Yellow Shirt movement that maybe don't want those elections because of the results that they may well bring," he said.

In December a group of Yellow Shirts stirred up nationalists on both sides by going to the disputed area where they were arrested by Cambodian troops for spying.

Yellow Shirts have since protested outside government offices against Abhisit for being too soft on Cambodia.

Tensions were first raised along the border in 2008, when the United Nations declared an ancient Khmer Hindu temple located just inside Cambodia as a World Heritage site. At that time in Thailand, a government aligned with Thaksin supported Cambodia’s application.

Michael Montesano is a visiting research fellow on Thai history and regional affairs at the Institute of Southeast Asian Studies in Singapore. He says the former prime minister’s political opponents seized on the temple’s listing to politicize the border dispute.

"Since then obviously things have spun out of control and we have armed violence among the Thai and Cambodian forces along the Thai and Cambodian border, a prolonged series of incidents over several years, ASEAN's chronic inability to address this violence between member states, all emanating from what began as a domestic political stunt on the Thai side,” Montesano stated.

The border dispute also has a political dimension in Cambodia, where relations with Thailand and Vietnam play a major role in domestic politics.

Cambodian Prime Minister Hun Sen is a close friend of Thaksin and in 2009, appointed him an economic advisor, and refused to extradite him to Thailand.

Montesano says many Cambodians see Thailand as arrogant towards its small neighbor and Prime Minister Hun Sen scores easy political points for standing up to Bangkok.

But Montesano says the issue also gives the Cambodia government political cover in its own border dispute with Vietnam. Hun Sen’s opponents have accused him of being weak in negotiations with Hanoi.

"I'm in no position to know whether they're right. But, they're people who say that Hun Sun's playing up the situation on the Thai border is a way to distract the Cambodian people from his much softer stance vis a vis Vietnam relating to poorly demarcated borders." he said.

The Cambodia-Thailand border was demarcated over a century ago by the French colonial powers and Thailand, then known as the Kingdom of Siam.

The Thai side tacitly accepted a French-produced map but resentment later resurfaced over allegations that the map was unfair.

The main area of contention is land surrounding a 900-year-old temple called Preah Vihear in Cambodia and Phra Viharn in Thailand.

The International Court of Justice in 1962 ruled the temple was Cambodia’s, which Thailand accepted, and the issue lay dormant for decades.

Thailand claims the land surrounding the temple, which the court did not rule on.

Earlier this month Cambodia asked the ICJ to clarify the 1962 ruling to try to settle the dispute. Thailand says it wants to resolves the dispute through direct talks with Cambodia.

Blind legless lizard species discovered in Cambodia

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By Victoria Gill
Science and nature reporter, BBC News

The creature looks like a worm or a snake, but is actually a legless lizard

Scientists have discovered a new species of lizard in Cambodia, which has neither eyes nor legs.

Neang Thy, a zoologist with the Ministry of Environment in Cambodia and Fauna & Flora International (FFI), found the worm-like creature while he was exploring the Cardamom Mountains.

He noticed it when he overturned a log and managed to capture and examine it.

Dr Thy and his colleagues have now confirmed that it is a species new to science.

They published their conclusion in the journal Zootaxa.

"At first I thought it was a common species," said Mr Neang, who has studied reptiles and amphibians in Cambodia for almost a decade.

But he quickly realised it was something he had not seen before.

The species has been named the Dalai Mountain blind lizard (Dibamus dalaiensis), after the mountain on which it was found.

Dr Jenny Daltry, a senior biologist with FFI, said it had taken close to a year to make sure that this strange animal was definitely a new species.

"They had to go back through all of the scientific descriptions of all other species... and look at museum specimens," she told BBC News.

"What's really exciting about this is that it's the first time a Cambodian national has discovered a new species, gathered all of the scientific evidence and published the finding."

Underground reptile

The blind reptile looks like a snake, but it is actually a lizard that has evolved to live underground - losing its legs to enable it to push through the soil by wriggling its body.

"There are actually lots of legless lizards - such as the slow worm in the UK," explained Dr Daltry.

Also, unlike snakes, this creature does not have a forked tongue.

"Most snakes only have one lung, whereas lizards have two.

"Also most lizards are able to blink and snakes can't," Dr Daltry continued. "Although this new [underground] lizard has no eyes at all."

The Thai-Cambodian battle of the temples

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Wednesday, May 11, 2011

By THITINAN PONGSUDHIRAK

BANGKOK — The military skirmishes between Thailand and Cambodia that have claimed more than two dozen lives, caused scores of injuries, and displaced tens of thousands of people since February are primarily attributable to domestic politics in both countries. Rooted in ancient enmities and the legacy of the colonial era, the fighting is damaging the entire region. So virulent is the dispute that even a short-term settlement will require third-party mediation. A secure peace will depend mainly on how the endgame to Thailand's domestic political crisis plays out in the coming months — and on Cambodia's willingness to stay out of this process.

At issue in the conflict is 4.6 square kilometers that adjoin a millennium-old Hindu temple known as "Preah Vihear" to Cambodians and "Phra Viharn" to Thais. Cambodia insists that the disputed land has been under its territorial sovereignty since a landmark case decided by the International Court of Justice in 1962. In its 9-to-3 verdict, the ICJ ruled that Cambodia's map, drawn up by French surveyors in 1904-1907, put the temple area in Cambodia, and that Thailand (known as Siam before 1939) had not objected previously. During the hearings, Cambodia asked the ICJ to rule on the adjoining land, but the judges confined their decision only to the temple, as Cambodia originally requested.

The French-made map became the core of the dispute, because it manipulated natural geographic divisions. Thailand rejects the map, which contravenes a Franco-Siamese agreement in 1904 stipulating a demarcation along a watershed line separating the two countries. Moreover, the French mapping effort took place just a decade after Siam ceded a clutch of territories — much of today's western Cambodia — to France, which was then perched above Indochina as the colonial master At that time, a vulnerable Siam was compelled to sign a host of unequal treaties with European powers in exchange for maintaining its independence.

Until recently, the overlapping claims on the 4.6 square kilometers were not a serious issue. Villagers and merchants from both sides conducted a brisk business and border trade unfettered by the authorities. Bilateral tensions flared when Thai politics heated up after the September 2006 military coup that overthrew the democratically elected prime minister, Thaksin Shinawatra, on charges of corruption and disloyalty to the monarchy.

In 2008, after the self-exiled Thaksin's proxy force, the People's Power Party, took power following an election victory, the Thai government signed a joint communique agreeing to Cambodia's listing of Preah Vihear Temple as a UNESCO World Heritage site. The communique became a lightning rod for Thaksin's opponents at home, spearheaded by the People's Alliance for Democracy.

The PAD depicted the UNESCO registration of Preah Vihear as a sell-out of Thai sovereignty, and used it to destabilize the pro-Thaksin government. When the PAD seized control of Government House and Bangkok's airports, its leaders hectored Cambodian Prime Minister Hun Sen and likened him to a hooligan. Exacerbating matters, the PAD progenitor of that insult became Thailand's foreign minister after Thaksin's opponents regained power in December 2008, led by Prime Minister Abhisit Vejjajiva and reinforced by the army.

At that point, tensions with Cambodia became inevitable. Hun Sen had scores to settle with the anti-Thaksin coalition of the Democrat Party, the PAD, and the army. In 2009, Hun Sen appointed Thaksin as economic adviser and invited him to deliver a high-profile public address in Phnom Penh. The bilateral relationship has been rocky ever since, alternating between periods of friction and conciliation.

The spate of armed clashes along the border this year stems from PAD provocations. Although some of its members entered the cabinet under Abhisit, PAD leaders felt betrayed and abandoned by Abhisit and some of his powerful backers. The PAD's yellow-clad supporters returned to the streets, this time under the banner of ultra-nationalism over Preah Vihear and a domestic anti-corruption campaign. The PAD has openly called for a military coup to clean up Thai politics.

The PAD initially found little traction. The Thai Army stayed out of the Preah Vihear controversy, and Abhisit's government shrugged off the PAD's machinations. But, as the anti-establishment, pro-Thaksin "red shirts" staged huge protests of their own against the army's suppression of their fellow demonstrators in April-May of last year, the army became agitated. A major tipping point may have been the red-shirt leaders' allusion to the conspicuous royal silence in response to the army's violent suppression, which heightened the army's fear of a clear and present danger to the monarchy.

The Thai Army abandoned its neutral posture and became increasingly belligerent. It unilaterally ruled out the presence of regional observers on the Thai-Cambodian border, a deal mediated by Indonesian Foreign Minister Marty Natalegawa in February. The Abhisit government, congenitally beholden to the army, took its cue and effectively reneged on the Indonesia-brokered peace drive. It was a blow not only to Indonesia as the chair of Association of Southeast Asian Nations this year, but also to ASEAN itself, particularly given the organization's quest to become an ASEAN Community by 2015.

If ASEAN is not allowed a mediating role, the Thai-Cambodian spat may wind its way back to the United Nations Security Council, which earlier delegated the issue to ASEAN amid heavy lobbying by Cambodia and Thailand. Cambodia wants to multilateralize the border conflict as much as Thailand tries to limit it to bilateral negotiations.

The dispute is unlikely to degenerate into large-scale warfare. The ASEAN framework acts as a safety net and mutual commercial interests should ultimately prevail. But sporadic shooting and verbal antagonism between the two sides will continue, as Thailand's powers-that-be close ranks in a right-wing turn towards the symbols and institutions of royalism, entangling Hun Sen, who should have stayed on the sidelines, in the endgame unfolding in Bangkok.

Thitinan Pongsudhirak is a professor and director of Chulalongkorn University's Institute of Security and International Studies in Bangkok. © Project Syndicate, 2011

Thailand, Cambodia agree to roadmap for troop withdrawal

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BANGKOK, May 10 - Thailand and Cambodia have agreed that a roadmap will be drawn up for the two countries to withdraw their troops from the areas surrounding Preah Vihear temple and the adjoining community, according to Thai Ministry of Foreign Affairs spokesman Thani Thongphakdi.

Speaking by telephone from Indonesia, Mr Thani said that the meeting of Thai Foreign Minister Kasit Piromya and his Cambodian counterpart Hor Namhong discussed the border dispute and have agreed that a plan must be drawn up and implemented accordingly before Indonesian observers will be stationed at the contested Thai-Cambodian border area.

The plan would include various agreements, meetings to detail the steps and procedures to withdraw troops from the areas including Preah Vihear temple, its surrounding areas, the Buddhist temple and the nearby communities that both countries must follow.

However, the timeframe cannot yet be specified because the issue must be endorsed by both governments. When the clashes and dispute will end permanently depends on how long the procedure will take to be implemented, he said.

The process will start at bilateral talks under the framework of the Thai-Cambodian Joint Boundary Commission (JBC), he said.

Mr Thani reiterated that Cambodia has to withdraw troop from the disputed area before Indonesia, the current AEAN chair, dispatched observers into the Thai-Cambodian border.

He denied reports that the negotiation at the ASEAN summit failed, saying the Indonesian foreign minister was satisfied with the tripartite negotiation with the fruitful result that led to the agreement on the roadmap.

However, Thailand must clarify with Malaysia’s deputy foreign minister who believed that Thailand caused border clashes which may result from incorrect news report, he added.

Thailand and Cambodia agreed in February to accept Indonesian observers on the border but the initiative was delayed after Thailand demanded that Cambodia first pull troops out of the temple.

Malaysian deputy foreign minister Richard Riot Jaem was quoted by French news agency Agence France-Presse (AFP) as blaming Thailand for the renewed clashes on the border, saying it had reneged on an agreement to send observers to the disputed region.

"An agreement had been agreed upon, (so Thailand) should adhere to it, I wouldn't want to say lacking in faith... (but) they did not adhere to the agreement," he said.

"Thailand refused and that's why the skirmishes came again," said Riot, who attended the Association of Southeast Asian Nations (ASEAN) meeting where it was agreed that 30 observers would be stationed on either side of the border, AFP said. (MCOT online news)

OPINION: International Court of Justice To Clarify 1962 Ruling


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AKP Phnom Penh, May 10, 2011 – Since the 1962 International Court of Justice judgment, the Temple of Preah Vihear and its vicinity, including the so-called disputed 4.6 square kilometres, have belonged to Cambodia de facto as well as de jure. In accepting the judgment, on 15 July 1962 Thailand removed its flag and withdrew its armed forces from the Temple and its vicinity. The judgment is final and without appeal (Article 60 of ICJ). Thailand declined to file an application for revision within the required ten years from the date of the judgment (Article 61 of ICJ statute).

Thailand’s current claim to 4.6 square kilometres of territory inside Cambodia is based on its secret unilateral map, first revealed in Christchurch in 2007, and not recognised by any other country. In an attempt to establish de facto control over the area around the Temple, on 15 July 2008 Thailand sent its armed forces into that area in defiance of the 1962 ICJ judgment, and in gross violation of the UN Charter and the international rule of law.

In the written ICJ pleadings of 1959, Cambodia rested its claim to sovereignty over the Temple of Preah Vihear upon an express legal title, which was created by the Convention of 13 February 1904 and by the delimitation carried out under the terms of that Convention by a Mixed Commission of Delimitation representing France and Siam.

In 1908 the Mixed Commission published a report of its completed work, in the form of a series of eleven maps delimiting the whole frontier between Siam and Indochina, as provided for in the Convention of 1904. Six of these eleven maps showed the Siamese-Cambodian frontier. One of the six, entitled “Dangrek”, delimited the frontier near Preah Vihear and showed the Temple within Cambodia. This map was attached as Annex I to the Cambodian submission in 1959.

The maps were officially distributed to the members of the Commission and to the two governments. All of them, including the Dangrek map, were received without question or comment by the government of Thailand, and were used by it for over fifty years without any criticism of any sort.

In 1925, Siam and France signed a Treaty of Friendship, Commerce and Navigation in which the parties confirmed their reciprocal respect for the frontiers established between their territories by former agreements. A further treaty in 1937 maintained respect for the border status quo.

In 1935 Thailand made a survey of its own and prepared a map that showed the Temple as being within Thailand. Nevertheless, the Thai government continued from time to time to use the 1908 map until the rise of the controversy in 1958-59.

On 15 June 1962, the Court ruled that Thailand in 1908-09 had accepted the Annex I map as representing the outcome of the work of delimitation, and hence recognised the line on that map as the frontier line, thus situating Preah Vihear in Cambodian territory (ICJ P.31).

The Court decided that both parties, by their conduct, recognised the line and in effect agreed to regard it as the border line. Also the Court considered that the acceptance of the Annex I map by the parties caused the map to become an integral part of the treaty (ICJ P.32).

It also said that Siam and France at that time adopted an interpretation of the treaty which caused the map line, where it may have departed from the watershed, to prevail over the watershed clause of the treaty (ICJ P.32).

There is however, no reason to think that they attached any special importance to the watershed as such, as compared with the map line eventually delimited and accepted by them (ICJ P.33).

Now the line on the Annex I map accepted by the court in 1962 is being contested by Thailand’s own unilateral map. Thailand contends that the court ruled only that the Temple of Preah Vihear belongs to Cambodia but failed to rule about the area around the Temple.

To make it clear that the boundary on the Annex I map is still fully valid, on 28 April Cambodia asked the ICJ for an interpretation of the Court’s 1962 judgment. It is to be hoped that the Court’s response will remove any ambiguities, so that the Thai government cannot continue pretending that there is any legal basis for its present refusal to acknowledge the border it agreed to a century ago.

By Long Sokun
Researcher on the case Concerning the Temple of Preah Vihear

Foreign ministers in talks

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Foreign minister Hor Namhong greets Indonesian foreign minister Marty Natalegawa in Jakarta, Indonesia, yesterday.

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Tuesday, 10 May 2011 15:02Cheang Sokha and May Titthara

The foreign ministers of Cambodia and Thailand met yesterday afternoon to discuss the terms of reference for the deployment of independent observers to their shared border, as Malaysia reportedly blamed Thailand for the renewed conflict.

Koy Kuong, spokesman for Cambodia’s Ministry of Foreign Affairs, said the meeting between Cambodia’s Hor Namhong and Thai counterpart Kasit Piromya was held in Jakarta yesterday afternoon and mediated by Indonesian foreign minister Marty Natalegawa.

The two sides first agreed in principle to the deployment of Indonesian observers following fighting along the border in February. The arrangement has since been stalled by Thailand, however, which insists that Cambodia withdraw its troops from Preah Vihear temple and the surrounding area before observers are sent to the area.

As The Post went to press, the results of the meeting was not yet known. But before the talks, Thai defence minister Prawit Wongsuwon said he hoped the two sides could finally reach a common ground, according to the Bangkok Post.

Officials from the two countries, however, continued to disagree on key points.

“The prime minister [Abhisit Vejjajiva] has spoken clearly about this and the armed forces are of the same opinion,” Prawit said yesterday. “Cambodian soldiers must withdraw from the disputed area before any other steps can be taken.”

Koy Kuong said yesterday that the troops and people living around the temple of Preah Vihear were residing well within Cambodian territory and would not withdraw.

“A foreign country cannot push the Cambodian people away while they are in their territory,” he said.

The exchange of opinions came as newswire Agence France-Presse reported that Malaysia had blamed Thailand for the renewed clashes that broke out last month along the border near Oddar Meanchey province, saying it had reneged on the observer deal.

“An agreement had been agreed upon, [Thailand] should adhere to it, I wouldn’t want to say lacking in faith ... [but] they did not adhere to the agreement,” Malaysian deputy foreign minister Richard Riot Jaem was quoted as saying.

“All the 10 countries [in ASEAN], I stress, including Thailand and Cambodia, agreed to the [observer] agreement, but sad to say, the agreement was brought back to the respective two countries. Cambodia accepted it, Thailand did not accept,” he added.

Thai Foreign Ministry spokesman Thani Thongphakdi said he could not comment yesterday.

At the border, meanwhile, the Cambodian Mine Action Centre said almost 100 demining experts had been deployed around Banteay Ampil district in Oddar Meanchey province.

CMAC director general Heng Ratana said his organisation was searching for devices left in farm land after “tens of thousands of shells” were fired by Thai troops in the recent fighting, which started on April 22.

He said that demining experts were working closely with village and commune chiefs to educate people about the danger of touching unexploded shells and were also clearing munitions in the area.

Seng Nin, 43, from Banteay Ampil’s Kokmon commune, said yesterday that residents could face starvation due to the shelling of their crops.

“It is growing season and they dare not go to fields as they are afraid of the unexploded shells,” he said.

Prosecutor speaks out

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Tuesday, 10 May 2011 15:03James O’Toole and Cheang Sokha

Khmer Rouge tribunal co-prosecutor Andrew Cayley has announced plans to request additional investigation in the court’s controversial third case, saying allegations of grave crimes including enslavement, torture and murder “have not been fully investigated”.

The announcement comes amid speculation from court observers that the tribunal’s investigating judges may have deliberately botched the investigation in the face of opposition from the Cambodian government.

Last month, the court’s co-investigating judges announced the conclusion of their investigation in Case 003, the suspects in which remain officially confidential but whom court documents reveal as former KR navy commander Meas Muth and air force commander Sou Met.

During the roughly 20 months of investigation, however, judges filed no charges against the men, and they were not even summoned for questioning.

In a statement released yesterday, Cayley listed a series of additional investigative steps he plans to ask the judges to perform, as he is permitted to do under court rules. Among these requests are the questioning of the suspects, additional interviews with witnesses and further investigation of the alleged crime sites.

“The International Co-Prosecutor will request these actions as he is of the view that the crimes alleged in the Introductory Submission [submitted by the prosecution in 2009] have not been fully investigated,” the statement read.

The tribunal’s third case as well as its fourth, the investigation for which is still pending, have come under fierce criticism from Cambodian officials. During a visit to the Kingdom by Ban Ki-moon last year, Prime Minister Hun Sen told the United Nations secretary general that Cases 003 and 004 “will not be allowed”.

Prosecutors have said they will not pursue cases beyond these two.

Information Minister Khieu Kanharith said yesterday that the government’s stance on the investigations was unchanged, repeating a warning about them to the United Nations-backed court’s international staff.
“If they want to go into Case 003 or 004, they should just pack their bags and return home,” he said.

Cayley responded that he was only doing his legal duty, which he called “not just a matter of law, but also a matter of conscience”.

“The day that the government or that the Minister of Information dictates that we are not to follow the internal rules and the laws of the court is obviously a day when the government needs to very seriously consider whether or not it wants to go on supporting the court,” he said.

International prosecutor William Smith made submissions for Cases 003 and 004 to the investigating judges in 2009, despite opposition from Cambodian co-prosecutor Chea Leang, who has argued that the five suspects in these cases do not fall within the tribunal’s mandate to investigate “senior leaders” and those “most responsible” for crimes during the Khmer Rouge era. Chea Leang said yesterday that her position on the matter remained unchanged.

Over the course of the Case 003 probe, the judges provided no public updates on their investigation to guide victim complaints and civil party applications. Their silence stood in marked contrast to the frequent updates offered during investigations in the court’s first and second cases for the hundreds of KR victims who became civil parties.

Cayley thus took it upon himself yesterday to offer details of the Case 003 investigation. In addition to several crime sites that also appear in Case 002, the following new sites, he said, feature in the third case: the S-22 security centre in Phnom Penh; Wat Eng Tea Nhien security centre in Kampong Som province; Stung Hav rock quarry in Kampong Som province; the capture of foreign nationals off the coast of Cambodia and their incarceration at S-21 prison; and security centres in Ratanakkiri province.

With time running out for victims to apply as civil parties in Case 003 – the deadline is May 18 – Cayley said he would request that the investigating judges extend the application period for an additional six weeks.

“I think that the experience of the first and second case has demonstrated how important the civil parties are, both in terms of their fundamental right to participate and also the fact that a number of them turned out to be extremely effective witnesses in the trial,” he said.

Whether or not the Cambodian government ultimately succeeds in blocking Cases 003 and 004, Clair Duffy, a trial monitor with the Open Society Justice Initiative, said the court would tarnish its legacy if it declines to pursue these investigations properly.

“There’s no question that this is a crucial moment in the court’s history,” she said. “This is a moment when the court can actually set this situation right and avoid a lot of damage being done to its overall reputation and credibility.”

Cayley himself also acknowledged these broader concerns.

“I think that the court has to ensure that due process takes place, and I think that if it doesn’t do that, we’re going to end up in a very difficult situation for the institution generally,” he said.

Escaped Brit sentenced to 10 years in jail

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Tuesday, 10 May 2011 15:02Buth Reaksmey Kongkea

A 56-year-old British man was sentenced to 10 years in prison and fined 20 million riels (about US$5,000) in absentia yesterday, on charges of raping a 17-year-old girl in Phnom Penh in 2009.

Presiding judge at Phnom Penh Municipal Court, Ker Sakhorn, said that David John Fletcher was guilty of a rape committed in Phnom Penh in 2009.

Fletcher escaped to Thailand in 2010 in order to avoid prosecution, but was arrested by Thai authorities on immigration charges on January 23 and is currently being held in a Thai prison.

“The court also orders concerned authorities to take measures and action to bring this convicted person from Thailand to jail in Cambodia, where he committed the crime,” Ker Sakhorn added.

Peng Maneth, the victim’s lawyer, said she accepted the verdict but asked the court to do everything in its power to bring the rapist to serve his jail term in Cambodia.

“I think that his sentence and the compensation payment are appropriate for the crime he had committed it and for the victim,” she said.

“I would like to ask the court to rule and bring him to jail in Cambodia as soon as possible.”

She added that a major problem with convicting foreigners of sex crimes in Cambodian courts is that they are extradited to other countries to serve jail terms before they pay compensation to their victims, or they escape prosecution altogether.

David John Fletcher’s lawyer Ouk Syroeun, could not be reached for comment yesterday, yet Ker Sakhorn said Fletcher has the right to appeal within 30 days.

In a separate case yesterday, charges were dropped against 60-year-old American Michael James Dodd, who was accused of having sex with two underage girls in Phnom Penh.

The charges against him in Cambodia were removed due to lack of evidence, Ker Sakhorn said. Dodd, a convicted paedophile, was extradited in February 2010 to the United States .