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AMNESTY INTERNATIONAL USA

4 December 2008
AI Index: ASA 23/015/2008

Open Letter by International Federation for Human Rights (FIDH), the Centre on Housing

Rights and Evictions (COHRE), Human Rights Watch and Amnesty International Regarding

The Forced Eviction of Residents of Boeung Kak Lake in the Phnom Penh Municipality.


To Mr. Kep Chuktema, Governor of the Municipality of Phnom Penh:

We write to you to express our deep concerns about recent developments affecting residents of the Boeung Kak Lake area in central Phnom Penh. Some residents near the lake have been forcibly evicted, while others are facing eviction amid rising water levels, and threats and harassment. Government officials and company workers have threatened residents in and around Boeung Kak Lake and NGOs supporting them, when they have campaigned against the filling of the lake and imminent eviction. Heavily armed police, including military police, frequently harass community leaders and NGO workers and block access to the area. Journalists face intimidation when reporting about the developments, including on 27 November 2008 when police took reporters in for questioning about their coverage of
the situation.

As you know, in February 2007 the Municipality of Phnom Penh entered into a 99-year lease agreement for US$79 million for 133 hectares, including Boeung Kok lake and surrounding land, with a private developer, Shukaku Inc. According to the government, the company will turn the area into "pleasant, trade, and service places for domestic and international tourists," including by filling in 90% of the lake. On 26 August 2008 a company began filling the lake, which has worsened flooding and caused the destruction of some houses.

The development will lead to the eviction of almost 4,000 families, despite many of the affected families having strong legal claims to the land under the Land Law. Without prior meaningful consultation, affected communities are currently being made non-negotiable offers of compensation or houses in a relocation site on the outskirts of Phnom Penh. The compensation offered is insufficient for families to obtain comparable alternative housing. Housing at the relocation site is not adequate: infrastructure is poor, basic amenities including clean water is lacking, and access to work opportunities is very limited given the distance from the city. Moreover, offers include no formal security of tenure for those agreeing to move.

Residents have sought to halt the filling of the lake which is gradually destroying homes, and have requested more compensation. However, the Municipality has told residents that they do not have the right to demand anything more than the offered compensation.

We also note with concern the prevalence of forced evictions in Cambodia. Forced evictions are
evictions that are carried out without adequate notice, consultation with those affected, legal safeguards or assurances of adequate alternative accommodation. They violate Cambodian law and Cambodia's international human rights obligations.

The development of the lake breaches Cambodian law. According to the 2001 Land Law, the lake itself is inalienable state land (so-called state public property), and as such cannot be leased for longer tha 15 years, during which time the function of the property must not change. In August 2008, a subdecree reclassified Boeung Kak Lake into private state land, in what appeared to be an attempt to validate the lease.

The agreement also appears to breach other domestic law and implementing regulations as the
environmental impact assessment has not been made widely available to the public or to the affected communities, and because no open bidding process preceded the agreement.

As noted above, the development of the Boeung Kak lake breaches Cambodia's international human rights obligations. According to the UN Committee on Economic, Social and Cultural Rights, Cambodia, as a state party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), is obliged to ensure, before any planned evictions, that all alternatives are explored in consultation with those affected by the eviction. Evictions may only occur in accordance with the law and in conformity with international standards, including genuine consultation with those affected; adequate notice and information on the proposed eviction, and provisions of legal remedies for those affected. Evictions may only occur if they do not render individuals homeless or vulnerable to the violation of other human rights.

We therefore call on the Municipality of Phnom Penh to ensure that the rights of the residents of Boeung Kak lake are respected and protected, and that victims of forced evictions are provided with effective remedies, including restitution of housing, land or property. We also request that arbitrary arrests, intimidation and restrictions of the right to peaceful protest be stopped immediately.

Recent research by Amnesty International and local partners indicates that 150,000 people in Cambodia are living under threat of forced eviction, including up to 70,000 in Phnom Penh alone. The government should end forced evictions and introduce a moratorium on mass evictions until the legal framework and relevant policies are in place to ensure that evictions are conducted only in accordance with Cambodia's international human rights obligations.

The evictions taking place to pave the way for the development of Boeung Kak are emblematic of a broader problem of violations of the right to adequate housing in Cambodia. The Cambodian government has an obligation under international law to protect the population against forced evictions. Everyone -- whether owners, renters or unregistered settlers -- should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats.

We sincerely hope that you will take into consideration our concerns. In this regard we would like to request a meeting with you and relevant officials to discuss Boeung Kak lake and related matters.

Yours sincerely,

Souhayr Belhassen, President, International Federation for Human Rights (FIDH)
Salih Booker, Executive Director, Centre on Housing Rights and Evictions (COHRE)
Brad Adams, Asia Director, Human Rights Watch
Sam Zarifi, Director, Asia-Pacific Programme, Amnesty International.

Global Draw and Elixir Gaming form Strategic Alliance for Placement of Server-Based Gaming Machines in Asia

Dec. 5, 2008

NEW YORK, Dec 05, 2008 /PRNewswire-FirstCall via COMTEX/ ("Elixir Gaming") announced today they have formed a strategic alliance to address new opportunities in the high-potential gaming market of Cambodia through placements of Global Draw's popular server-based gaming machines at Elixir Gaming sourced venues. Pursuant to this agreement, gaming machines from Global Draw will be placed at venues on a revenue share basis and Global Draw and Elixir Gaming will share in the net win of the machines placed into operation. It is expected that Global Draw and Elixir Gaming will enter into a similar arrangement for the Philippines in the first quarter of 2009.

The first placement of Global Draw machines under this new agreement of approximately 65 Silverball networked gaming machines will be placed in casinos and licensed gaming halls in popular visitor destinations in Cambodia, as sourced by Elixir Gaming, during the first quarter of calendar 2009. In addition to securing new locations for the placement of Global Draw products, Elixir Gaming will provide ongoing marketing and technical support of the installed units.
Global Draw first introduced server-based gaming to the British betting market in the late nineties and has over 13,000 of its popular Silverball and Nevada terminals operating worldwide.

Neil Moir, Director of International Business Development for Global Draw, said: "This new alliance with Elixir Gaming aligns us with the perfect strategic partner to immediately access the South East Asian gaming market, which is the fastest growing gaming market in the world and represents another significant milestone in Global Draw's ability to expand our presence beyond our core market in the UK. Global Draw's unique downloadable, server-based games and services are applicable to all global markets as they allow us to work closely with our customers to increase machine income by making constant changes to our content. We are very pleased to leverage the benefits of Global Draw's unique products with the expertise Elixir Gaming has quickly developed in addressing the Cambodian market through their strong market presence and expanding relationships with venue owners. We expect our exciting level of content and increasing the level of security and flexibility offered by our products will provide immediate benefits to venue owners and their players in these rapidly growing markets."

Elixir Gaming is a leading supplier of technology gaming solutions in its key markets in Asia. Through its growing installation base of over 1,200 electronic gaming machines which are leased to its customers on a participation basis, local market relationships, and operational expertise, Elixir Gaming has established a meaningful presence in the high-potential gaming markets of the Philippines and Cambodia.

Clarence Chung, Chairman and Chief Executive Officer of Elixir Gaming, said: "We are delighted to be working with a company like Scientific Games, and its subsidiary Global Draw, which share our passion for delivering excellence in terms of cutting edge games, technology, and customer service. This agreement provides us with opportunities to ramp up our installed base with value-added networked gaming machines that complement our existing operating units. Importantly, this new alliance is another indication of the progress we are making with initiatives to improve our operating performance as we believe the entertainment value of Global Draw's products will help to deliver incremental net revenues to Elixir Gaming while allowing us to preserve capital for execution on additional growth initiatives."

St. Louis teacher returns from Cambodia trip

Friday, December 5, 2008

Morning Sun
By GREG NELSON
Sun Staff Writer

Jennifer Ruble has traveled to South Africa and Colombia, but she’s never experienced anything like she did on a recent trip to Cambodia.

The 31-year-old St. Louis Nikkari Elementary School teacher returned last week from a 12-day stay in the Southeast Asian nation where she taught English and helped evaluate teaching methods.

Ruble was part of a mission trip sponsored by Resurrection Life Church in St. Louis. More than a dozen members made the journey to offer assistance and advice on such topics as agriculture and building trades.

She spent most of her time at the New Life School in Phnom Penh, the nation’s largest city and capital.

“Public education in Cambodia costs a lot of money,” Ruble said. “Only about 9 percent of the people actually graduate or make it to the ninth grade. They have to pay bribes to go to school because of the government is so corrupt.

“But the Cambodian Outreach started the New Life School with sponsorships from the United States and Australia. It’s free. They provide children with an education, food, clothing and in some cases housing.”

In addition to teaching, Ruble also helped train Cambodian teachers and offer advice in areas such as student discipline, art education, physical education, computers, and health and hygiene.

“I also held an assembly, which was the first one the students ever had,” she said. “It had a water theme and I taught them the wave.”

The teachers were also eager to learn new things, Ruble added.

“They never had any training or college education,” she explained.

“The majority never even graduated from high school so they were thankful for any help.

“But the thing I loved was they had such a passion for the kids. They wanted to learn whatever they could to help them more. It was so refreshing.”

The New Life School, however, wasn’t really an accurate reflection of the Cambodian culture.“It’s a very, very poor country,” Ruble said.

“Just unimaginable. There was trash all over, the smell was awful and there were homeless children running around all over.

“The country has been ravaged by the Khmer Rouge and Pol Pot. Most people had a hard time trusting (foreigners). Almost everyone was younger than me because so many had been killed in the fightilg.”

She spent one day with the “Joy Club,” another outreach organization that assists the homeless children.

“They are in such a desperate situation,” Ruble said. “We had 200 or 300 kids that they bathed, fed and played games with. The children had no social skills. They had open sores, lice and they were starving.

“It was so much different at the school where the kids had some hope, and they were clean, well fed and smart.”

Her fellow teachers at Nikkari sent nearly 150 pounds of classroom supplies to Cambodia with Ruble. Ithaca dentist Martha Bamfield also donated toothbrushes, floss and toothpaste, and other community members and organizations also helped out.

“The school didn’t even have any crayons,” Ruble said.

“The donations were really awesome.”Nikkari students also sent letters and photos to their counterparts in Cambodia.

“The kids were so excited to get things from Americans,” Ruble said.

“They all sent letters of thanks and pictures of themselves back to our students so they could learn about each other.”

Ruble intends to continue assisting the school and its teachers any way she can.

“We’re going to keep in touch by email,” she said.

“I felt like I really made a difference. There is hope. I would like to go back some day because I feel there is so much more I can do.”

Resurrection Life Church, 714 S. Main St. in St. Louis, is hosting a program at 6 p.m. Sunday that will include videos and testimonials from those who made the trip. The public is invited to attend.

For more information on the mission program go online to
www.cambodiaoutreach.org.

ADB supports Cambodia's push to diversify economy

balita-dot-ph
December 5, 2008

MANILA, Dec. 5 — The Asian Development Bank (ADB) is providing a loan and grant financing for a program that supports the Cambodian government's drive to expand the private sector and diversify its economic base beyond garments, tourism, and construction.

ADB is extending a 24-year, US$ 20-million loan to be sourced from its concessional Asian Development Fund to finance reforms designed to improve the business climate and trade facilitation for the private sector.

It is also providing a US$ 2 million grant to build up the capacity of the country’s sanitary and phytosanitary management systems.

The loan is for the first subprogram of the Promoting Economic Diversification Program – a cluster of three subprograms that will help roll out a series of government policy reforms and measures to create a more stable macroeconomic environment, to lower the cost of doing business for private firms, to expand trade, and to improve food safety standards.

The Program also helps implement ADB’s Greater Mekong Subregion technical work on trade facilitation at the national level.

The recent global commodity price and financial shocks have slowed Cambodia’s economic growth rate in 2008 and lower growth is projected for 2009. These shocks highlight the country’s vulnerability due to its narrow economic base.

“The challenge for Cambodia is to sustain a high economic growth rate, accelerate the creation of productive jobs and to continue its poverty reduction efforts — difficult tasks with half of the population under 20 years old and more than 85 percent employed in the informal sector,” said Kelly Bird, Senior Economist with ADB’s Southeast Asia Department.

The Program supports the government’s own efforts to diversify the economy. Based on ADB estimates, reforms planned under the full Program could add 2.4 percent to Cambodia’s gross domestic product, boost employment levels by 4.3 percent for males and 6.3 percent for females, and cut the incidence of poverty by a further 2.7 percent.

One innovative feature of the overall Program is the inclusion of policy ‘triggers’ or milestones that pave the way for technical assistance projects designed to support private sector competitiveness.

One example is the grant for the improvement of sanitary and phytosanitary management which was approved after the government met a series of policy milestones under subprogram 1.

Another one in the pipeline is a matching grant technology project targeting small enterprises under subprogram 2. (PNA)

Football: Singapore beats Cambodia 5-0 in opening tie of AFF Suzuki Cup

By Patwant Singh
Channel NewsAsia
05 December 2008

SINGAPORE: Singapore wants to make history by winning the ASEAN Football Federation Cup for the third successive time.

And the Lions got off to a good start, beating Cambodia 5-0 in their opening tie at the Gelora Bung Karno Stadium in Jakarta.

Singapore was the clear favourite to score and Aleksander Duric came close in the 11th minute with a solo effort.

Minutes later, Agu Casmir also missed a golden chance to score a goal.

Singapore continued to fire blanks as the pressure mounted on the defending champion.

More frustration was felt for Singapore, when Duric finally found the back of the Cambodian net but saw his goal being ruled off-side.

Minutes from the break, Agu Casmir scored to give the Lions a 1-0 lead.

The floodgates opened for Singapore in the second half. The second goal was scored by Mustafic Fahrudin, after Noh Rahman was brought down.

Indra Sahdan Daud followed with another goal after he came on as a substitute, making it 3-0 for the Lions.

Agu Casmir then scored his second goal for the night, to give Singapore a 4-0 goal advantage, before Noh Alam Shah wrapped it up with a superb effort by making it five goals in all.

The Lions scored three points with their 5-0 win. They will meet Myanmar on Sunday.

Khmer Rouge prison chief faces new charge

Monsters and Critics
Asia-Pacific News
Dec 5, 2008

Phnom Penh - Cambodia's UN-backed war crimes tribunal on Friday laid a new charge against a former leader of the genocidal Khmer Rogue regime, while also rejecting an attempt to have a controversial conspiracy charge brought against him.

Following an appeal from prosecutors to have charges broadened, Kaing Guek Eav, known by his communist name 'Duch', will now face a charge of premeditated murder on top of the crimes against humanity charges, for which he was indicted in August.

The new charge also means Duch will be tried according to Cambodian law, which could expedite the trial process.

The 66-year-old is the youngest of five former leaders facing trial for their roles in the deaths of up to two million people through execution, starvation and exhaustion during the Khmer Rouge's reign between 1975 and 1978.

Duch was in charge the infamous S21 prison in Phnom Penh, where an estimated 16,000 men, women and children were tortured and killed.

The former mathematics teacher and born-again Christian has publicly expressed remorse for his role in overseeing the school- turned-torture facility.

Duch has been in pre-trial detention since 1999 and attended Friday's pre-trial hearing. Judges did not call on him to speak.

The court rejected an appeal to bring a charge of joint criminal enterprise - a controversial legal doctrine which attempts to hold multiple people responsible for the crimes of a single group or organisation.

President of the pre-trial chamber Prak Kimsan said the appeal was rejected because the prosecution's evidence for joint criminal enterprise was 'too vague'.

Legal experts have said a joint criminal enterprise charge could broaden the tribunal's scope and lead to the arrest and indictment of more former Khmer Rogue members. Duch's trial is due to begin in January.

UN, Senior Official Expect Tribunal Talks

By Sok Khemara, VOA Khmer
Original report from Washington
05 December 2008

Khmer audio aired 04 December 2008 - Download (MP3)
Khmer audio aired 04 December 2008 - Listen (MP3)

High-level discussions over the Khmer Rouge tribunal are expected to take place next week, a government spokesman said Thursday.

A UN representative is expected to meet with Deputy Prime Minister Sok An Dec. 9, Council of Ministers spokesman Phay Siphan said, as a tribunal moves forward amid corruption allegations.

Phay Siphan would not elaborate details of the meeting, but the scheduling comes after faltering plans between Sok An and UN Assistant Secretary-General for Legal Affairs Peter Taksoe-Jensen.

The Khmer Rouge tribunal is preparing for its first trial, against jailed prison chief Duch, which is expected early next year, but the courts have also been hampered by allegations from Cambodian staff that they paid kickbacks to other officials.

Small Party Leader Laments Slow Reform

Kem Sokha, bottom right, addresses supporters of his Human Rights Party this year.

By Sok Khemara, VOA Khmer
Washington
05 December 2008

Khmer audio aired 04 December 2008 - Download (MP3) Khmer audio aired 04 December 2008 - Listen (MP3)

Kem Sokha, whose Human Rights Party gained three National Assembly seats in July’s election, becoming a part of the opposition, said Thursday he was disappointed in the slow pace of Cambodian reform and the absence of the checks and balances that make democracies functional.

Fifteen years of reform had failed to bring true democratic reform, he said, as the ruling Cambodian People’s Party, under the rule of Prime Minister Hun Sen, controlled all branches of government.

“There are no checks and balances,” Kem Sokha said, as a guest on “Hello VOA,” leading to the loss of representation for “about half a million voices.”

The CPP won a commanding 90 seats in the 2008 National Assembly election, and it has put party members as the head of each of the body’s nine committees.

Kem Sokha said that a rule of the National Assembly requiring 11 parliamentarians to form in order for one member to address the body was a regression “toward communism, like the ‘80s.”

Democracy require political freedom, economic freedom and social freedom, he said, adding that the system of administration in Cambodia should also change, graduating out of the hands of a single leader, such as Hun Sen.

“It is now just based on one individual, who, when he wants something, they do, and when he does not want to do, they do not do,” he said.

The CPP won their seats through fear, gift-giving, vote-buying, threats and fraud, he said, adding that if a neutral election committee from abroad were to organize the elections, the ruling party would completely lose.

The Human Rights Party is ready to join the main opposition party, of Sam Rainsy, for future elections, he said, denying rumors he would challenge Sam Rainsy for the presidency.

Aid Packet Comes With Some Expectations

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
05 December 2008

Khmer audio aired 05 December 2008 - Download (MP3)
Khmer audio aired 05 December 2008 - Listen (MP3)

Donor agencies and governments said Friday they had confidence in Cambodia’s commitment to pass an anti-corruption law and continue reforms in public finance and transparency, justifying a decision to hand the government a giant aid package.

The nearly $1 billion in aid pledged Friday was to support the government’s development plan, help the country grow, and help reduce the number of poor, said Qimiao Fan, the World Bank’s Cambodia manager and facilitator for the 17 donors.

“In our support, we encouraged the government to improve the transparency and the management of these resources for the benefit for the people,” he said. “The government needs to further integrate the planning with budgeting and aid management, so that these resources raised from external donors they use efficiently and effectively for the benefit of the Cambodian people, particularly the poor and vulnerable.”

“Priority areas” discussed in the two days of meetings included education, health, agriculture, infrastructure and social protection, he said.

The British government, which increased it aid from about $20.5 million last year to $26.4 million this year, would support “a number of areas of development, particularly supporting good governance, the health sector, and rural development,” the country’s ambassador, Andrew Mace, said Thursday.

“The prime minister set out some very clear challenges facing the country,” he said. “He set out a very clear agenda for action by his own government, and a willingness to work in close partnership with the donors, and we welcome that very much.”

“We recognize very well the need of the Cambodian people for assistance…in addressing issues such as health, education, road developments, [and] many challenges facing them,” he said.

“We’re working closely with the government to know those areas. We welcome their commitments in those areas. I welcome their commitments for good governance and combating corruption [and] we look forward to those commitments to been turned into practice.”

Cambodia Awarded Nearly $1 Billion in Aid

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
05 December 2008

Khmer audio aired 05 December 2008 - Download (MP3)
Khmer audio aired 05 December 2008 - Listen (MP3)

Cambodia was awarded nearly $1 billion in aid promises Friday, with Chinese aid surpassing that of any other country or agency.

“This week is a $1 billion week for Cambodia,” Keat Chhon told reporters after the two-day donor meeting ended Friday. “This aid package we have not yet divided into loans and grants,” he said, and the total so far did not include aid from some agencies or countries.

Of the total $951.5 million, China pledged $257 million, compared to $91.5 million. The EU pledged $214 million, compared to $170.2 million last year. Japan maintained its aid level, promising $113 million this year, compared to $112.2 million in 2007.

The US, which was the No. 3 donor last year, with $48.8 million in pledged aid, did not disclose an amount Friday, but officials said they were committed to a strong relationship with the government.

The government said in a statement Friday the country’s economic growth rate was likely to fall in 2009, meaning “the Royal Government will need to maintain commitment to the current reform program, react swiftly to minimize adverse effects of global recession on key sectors and the poorest segments of the population, and to focus on rural development and the modernization of agriculture in order to protect people’s livelihoods.”

Two Crimes Added to Duch Indictment

Duch will also be charged with murder and torture for his role as chief of Tuol Sleng prison under the Khmer Rouge.

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
05 December 2008

Jailed Khmer Rouge prison chief Duch was handed two more counts in his atrocity crimes indictment Friday, but he was not charged under a legal principle that would link four other leaders to his alleged crimes.

Chief judge Prak Kimsan announced the decision of the Khmer Rouge tribunal’s Pre-Trial Chamber Friday, adding the crimes of murder and torture from Cambodia’s Penal Code to charges of war crimes and crimes against humanity.

The decision moved the tribunal one step closer to Duch's trial, expected in early 2009, the first ever for courts that have faltered from their inception, alarming critics who worry leaders will perish before they face trial.

Tribunal prosecutors in September lodged an appeal against the indictment, part of a so-called “closing order” by the investigating judges, noting Duch had not been indicted for the two crimes, which fall under the 1956 Penal Code.

Prosecutors also noted Duch, who real name is Kaing Kek Iev, was not indicted for all crimes committed in the notorious prison he ran, Tuol Sleng, known to the Khmer Rouge by the codename S-21.

The Pre-Trial judges said Friday they had found enough reason in the appeal to add the two crimes to Duch’s indictment.

They announced they had found enough cause for murder, because Duch had allegedly planned or incited killings at S-21 and the nearby site of mass graves, or “killing fields,” at Chhoeung Ek, a commune in Phnom Penh’s Dankao district.

Duch’s defense lawyers did not comment after the hearing, but in a brief submitted to the Pre-Trial Chamber in November, they expressed worry that the murder and torture claims could delay the court through further investigation.

However, Hong Kimsuon, a lawyer for the civil parties in Duch’s case, said Friday the new indictment would not extend the investigation or prolong the process.

“It is only an additional [two charges], and after that they will go forward to trial,” he said.

Judge Prak Kimsan also said Friday Duch would be detained until his trial and the case would now be forwarded to the Trial Chamber.

Prak Kimsan said the legal principal known as joint criminal enterprise, which could potentially link the other leaders with Duch’s crimes, had not been satisfactorily demonstrated.

Friday, 5 December 2008

UPDATE:Former KRouge Prison Chief To Face Extra Charges-Court

Friday December 5th, 2008

PHNOM PENH (AFP)--Cambodia's genocide court Friday ruled that the former Khmer Rouge prison chief will face extra charges, paving the way for the first public trial of a leader of the brutal regime.

Kaing Guek Eav - better known as Duch - was formally indicted in August, accused of overseeing the torture and extermination of more than 12,000 men, women and children when he headed Tuol Sleng prison, known as S-21.

Judges in August ordered the 66-year-old to stand trial on charges of war crimes and crimes against humanity relating to his role in the 1975-1979 communist regime, which wiped out up to two million people. But prosecutors said the indictment failed to go far enough and portray a "full and truthful account" of Duch's crimes.

The pretrial chamber of the court Friday approved the appeal, removing the last obstacle to his trial.

"The pretrial chamber...finds that the domestic crimes of torture and premeditated murder can be added to the closing order," head judge Prak Kimsan said.

This widens the scope of the charges against Duch and makes it easier to convict him under domestic law.

Judges didn't, however, add the accusation that he participated in a "joint criminal enterprise."

The controversial "joint criminal enterprise" is a legal doctrine that allows a court to hold multiple people responsible for crimes when they act as part of a coordinated process, according to legal officials. Because of its nature, the charge is opposed by other Khmer Rouge leaders, who fear that a conviction in Duch's case would leave them automatically liable.

China, Cambodia To Strengthen Cooperative Partnership

12/4/2008

(RTTNews) - China's top political advisor, Jia Qinglin and Cambodian Senate President Chea Sim agreed to further promote bilateral and comprehensive partnership between the two nations. The strengthened ties would help to achieve reciprocal and win-win results for both the sides, they said.

Jia, on a visit to Phnom Penh in the last leg of his tour that took him to Jordan, Turkey, and Laos, said that the Communist Party of China (CPC) honors its relations with the Cambodian People's Party (CPP) and they would further strengthen exchange and cooperation with the Cambodian Senate.

Chea Sim said that the two sides would actively push forward bilateral cooperation in sectors of economy, trade, tourism, culture and education. He also hoped that the two nations would enhance cooperation within the framework of the ASEAN and strengthen coordination in regional affairs.

by RTT Staff Writer

CAMBODIA: Children miss out on school because of corruption

Photo: Geoffrey Cain/IRIN
School children in Cambodia. Corruption within the country's education system is reportedly rampant
PHNOM PENH, 5 December 2008 (IRIN) - When Sok Sopheap could not pay his daily bribe, his secondary school teacher refused to let him attend class.

The teacher demanded he stand for an hour by the door until the class finished. "It was humiliating, but it happens a lot to students," said the 19-year-old son of a food vendor, graduating years late because of what he calls "high corruption fees".

"We have to pay unfairly for almost everything at school," he complained, including exams, tests and even class time.

"I don't think the problem is getting better," he said. "Young people in Cambodia have lived with this all our lives and no one has done much to stop it."

Chronic poverty

"New teachers often face a many-month delay before they receive their salaries," David Coleman, education chief of the UN Children's Fund (UNICEF) for Cambodia, told IRIN. "Teachers sometimes supplement their income with a second job. This can affect their own attendance at school, and can put pressure on the amount of time they have to prepare their lessons."

Teachers' salaries start from US$50 a month, even less than garment factory workers earn, Coleman added. High oil and gas costs, which have only fallen slightly since their summer peak, despite a global price plummet, could be adding to teachers' salary woes, said Soprach, a primary school teacher in the capital, Phnom Penh.

"The price I pay for gas every month is almost the same as my salary," Soprach told IRIN. "How am I supposed to survive and feed my family without charging extra?"

Daily fees of 700 riel (20 cents) do little to drain students of money while keeping his own family afloat with $200 a month, he added.

Yet others think the tiny costs add up in significant ways, unfairly forcing poorer students out of school.

A 2007 report by the Cambodian NGO Education Partnership (NEP) reveals education costs for each child averaged $108 annually, or 9 percent of each family's annual income. The inability to pay informal fees was the most common reason parents gave for their children dropping out, the report stated.

"When you include informal and formal school costs, and private classes and snacks, many students are paying $2.50 every day," Leng Theavy, education and capacity-building officer for the NGO Education Partnership (NEP), told IRIN.

"That money is a lot because many Cambodians don't make more than $60 a month. In the survey we found the informal fees to be small, but we think the numbers could be much higher now," she added.

The study also noted that a quarter of parents were unaware that their children were entitled to a free education, a legal right. Informal fees are prevalent in Phnom Penh, not in the countryside, the report said, though Theavy said corruption still happened in the provinces.

"Some teachers in the countryside take large fees too, and often the communes receive documented complaints from parents," she said.

Tackling corruption

As part of Cambodia's Education Strategic Plan for 2006 to 2010, the Ministry of Education is seeking ways to improve efficiencies to reduce informal fees.

The establishment of a Teacher Professional Code, ensuring on-time payments and raising teacher salaries are priorities.

However, Theavy said government had only limited options.

"The situation is out of the control of the Ministry [of Education] even though they circulated a ban on informal payments," she told IRIN. "Teachers commit this on their own."

Corruption overall is one of Cambodia's most pressing issues, with anti-corruption watchdog Transparency International scoring the country the 14th most corrupt in the world in its 2008 index, and the third most corrupt country in the Asia-Pacific region.

US Oil Company Pays US$120 Million to Buy Oil Exploration License for Explorations at the Bottom of the Khmer Sea - Thursday, 4.12.2008

Posted on 5 December 2008
The Mirror, Vol. 12, No. 589

“It is reported that Chevron, a US big oil company, had paid US$120 million into a social development foundation of the Hun Sen government, in order to receive the concession to explore oil in one of the six blocks in the Sihanoukville sea.

“The report added that an Indonesian company, Medco International Petroleum, spent US$4.5 million to buy a license to do undersea oil exploration in the Cambodian sea, by cooperating with its partners from Kuwait and from Sweden that had also signed agreements with the National Petroleum Authority of Cambodia [as an exception in his context, no Internet website for the National Petroleum Authority of Cambodia could be found – see, however, The Mirror of 10 June 2007]. This license depends on a model contract that the National Petroleum Authority of Cambodia had provided for the first time for Block A to Chevron in 2002. This contract talks about the sharing of benefits with the Cambodian government, and about the taxation rate on oil income.

“When asking the Minister of Information, Mr. Khieu Kanharith, about these problems by telephone, he advised to talk to Deputy Prime Minister and Minister of the Council of Ministers Sok An, who directly administers the National Petroleum Authority of Cambodia. After contacting his office by telephone for an interview, a man who received Deputy Prime Minister Sok An’s phone, said that the Deputy Prime Minister was busy.


“While the US Chevron company was already drilling to explore oil in Block A, the National Petroleum Authority of Cambodia and the cabinet of Minister Sok An provided licenses to other companies to explore oil at different blocks as follows:

- Block A: This block was contracted to Chevron of the United States, and it is believed to have the most oil and gas deposits. In Block A, Chevron has a 55% stake; the partners of this company are Mitsui Oil Exploration, having 30%, and Caltex with 15%. At present, those companies are drilling for oil at fifteen places and are considering to drill even more. According to the National Petroleum Authority of Cambodia, Chevron and its partners have invested US$120 million.

- Block B: It is far from Sihanoukville and it was contracted to the Singapore Petroleum Company cooperating with a Malaysian oil company [Petronas?] and the Thai oil company PTT. Each company has one third stake. The Singaporean company and its partners have invested US$1 million, and they will invest US$2.5 million more when oil deposits are found in this block.

- Block C: This block was contracted to Polytec of Hong Kong. The National Petroleum Authority of Cambodia announced that 100% of the rights were given to the Polytec company only, there are no partners.

- Block D: According to the publication of an Indonesian newspaper, first, the license of this block was contracted to China Zheng Rong Cambodia Energy, but then Block D was transferred to China Petrotech Holding that bought the 48% stake from the Zhen Rong company. Petrotech Holding has invested US$4 million in Block D, and plans to spend another US$2 million of its US$4 million to explore oil for the first time in this block.

- Block E: This block is located next to the Western border of a disputed region with Siam [Thailand] and it was contracted to the Indonesian Medco International Petroleum company, which has a 41.25% stake, Kuwait Energy has 20%, JHL Petroleum with 4.13%, and a Swedish company has 34%. For this Block E, Medco of Indonesia had paid US$4.5 million to a social development foundation of the Cambodian government.

- Block F: This block was contracted to China National Offshore Oil, a big oil company, and it was signed with the National Petroleum Authority of Cambodia a few months ago. Details about the agreement and plans for this block are not shown. “The Director-General of the National Petroleum Authority, Mr. Te Duong Dara, refused to be available for a direct interview over the provision of licenses and the payment by all oil exploring companies to the government.

He added that - because now there are disputes over taxation laws on oil that is found at the bottom of the sea - we have not yet reached a good solution for those companies to pay tax to the state. “Te Duong Dara continued to say that we still have problems with taxation laws and we have to guarantee that the new taxation laws will be right; otherwise, those foreign companies will withdraw their investments from Cambodia.”

Moneaksekar Khmer, Vol.15, #3630, 4.12.2008
Newspapers Appearing on the Newsstand:
Thursday, 4 December 2008

Ex-Khmer Rouge Prison Chief Awaits Genocide Court Decision

12-5-08

PHNOM PENH (AFP)--Cambodia's former Khmer Rouge prison chief will appear Friday before the country's genocide court as it decides whether to add a new charge that could impact on other regime leaders.

Kaing Guek Eav - better known as Duch - was formally indicted in August, accused of overseeing the torture and extermination of more than 12,000 men, women and children when he headed Tuol Sleng prison, known as S-21.

Four judges in August ordered the 66-year-old to stand trial on charges of war crimes and crimes against humanity.

But prosecutors said the indictment failed to go far enough and portray a " full and truthful account" of Duch's crimes.

The court will rule on an appeal Friday, under which prosecutors demanded that the charge of "commission of crimes through participation in a joint criminal enterprise as a mode of liability" be added to Duch's indictment.

The controversial "joint criminal enterprise" charge, or JCE, is a legal doctrine that allows a court to hold multiple people responsible for crimes when they act as part of a coordinated process, according to legal officials.

Because of its very nature, the charge is opposed by other Khmer Rouge leaders, who fear that a conviction in Duch's case could leave them automatically liable.

"It makes it a bit easier to hold defendants guilty, because they need not kill someone or order killings themselves to be held responsible," John Ciorciari, a senior legal adviser for the Documentation Center of Cambodia, which collects evidence of Khmer Rouge atrocities, said earlier this week.

The defense teams of four other former Khmer Rouge leaders who are detained by the court for crimes committed by the regime have expressed fears that the court's decision will affect their clients.

"Duch will sit in the dock in front of judges on Friday afternoon. He will listen to the verdict regarding the closing order," Cambodia's U.N.-backed tribunal spokesman Reach Sambath said.

He said once the ruling had been given, Duch's case would be "finalized and it paves the way for the first public trial to take place," adding that the trial chamber will meet in January to set a date for the start of the trial, expected in the first quarter of 2009.

Duch will be the first leader of Cambodia's brutal 1975-79 communist regime to stand trial at the U.N.-backed tribunal.

A mathematics teacher who became the Khmer Rouge's torturer-in-chief, he has been in prison since 1999 for his role at Tuol Sleng. He was formally transferred to the tribunal and indicted in July 2007.

Up to two million people were executed or died of starvation and overwork as the regime emptied Cambodia's cities, exiling millions to vast collective farms in a bid to forge an agrarian utopia during its rule.

Preah Vihear security on alert for weekend heritage ceremony

DISPUTED HERITAGE
Tensions have run high at the eleventh-century Hindu temple since July, when Unesco announced it would be listed as a World Heritage site. Thailand opposed the listing, triggering off a build-up of troops at points along the Thai-Cambodian border.


The Phnom Penh Post

Written by Thet Sambath
Friday, 05 December 2008

RCAF forces and bodyguards deploy at the temple to ensure security at the inauguration of the World Heritage site this weekend

MILITARY commanders stationed at the disputed Preah Vihear temple say security will be good when senior government officials visit the temple this weekend for a Unesco World Heritage inauguration ceremony.

"We will have a big ceremony at the temple attended by top government officials, diplomats and other organisations, but I cannot tell which government officials will attend for reasons of security," said Hang Soth, director of the Preah Vihear authority.

"Security is good because we have armed forces stationed there."

Kim Sangath, deputy general director of the Council of Ministers, said Deputy Prime Minister Sok An would travel to the temple this weekend, but he could not confirm rumours Prime Minister Hun Sen would attend the ceremony.

Hing Bunheang, Hun Sen's bodyguard commander, said he had not yet been informed of a trip to the temple, but said sufficient security would be in place should the prime minister wish to attend.

"One thousand [bodyguards] are already at Preah Vihear temple.... Security is confirmed if the prime minister visits the temple because it is in our territory," he said.

Whether or not he attends, Hun Sen said that he looked forward to seeing the temple established as a World Heritage site.

"We are currently awaiting another splendid event to be held at Preah Vihear temple," he said in a ceremony Monday at Angkor Wat celebrating the placing of new World Heritage inscriptions. "We will celebrate tremendously according to its wonderful value."

Water bottler sets sights on growing Cambodian market

The Phnom Penh Post

Written by May Kunmakara
Friday, 05 December 2008

A $2 million company hopes to cash in on the growing local bottled market by using modern technology and local natural resources

A NEW player in Cambodia's purified drinking water market has seen early signs of success with a state-of-the-art manufacturing plant and production facility in Kampot province, and expects to distribute nationwide in 2009, the company said.

TADA Bokor Natural Spring Drinking Water began operations in early November with a US$2 million capital investment from the T-DA Import Export Co Ltd, which distributes the brand in Kampot province, Sihanoukville and Phnom Penh.

Company owner and first deputy president of Cambodia's National Committee for Disaster Management, Nhim Vanda, said TADA Bokor was licensed by the Ministry of Industry, Mines and Energy in 2006 following a study conducted with foreign partners to determine the suitability of mineral water from Kampot province's Bokor mountain.

A bottling factory was built at the base of the mountain in Makprang district, Nhim Vanda said.

"Our factory was built to rigid technical standards and equipped with the latest technology imported from abroad to meet all hygiene requirements," he said.

"We have been evaluated by our national laboratory at the Ministry of Industry and the Pasteur Institute of Cambodia at the Ministry of Water Management, as well as by consultants from South Korea."

Nhim Vanda said the company also manufactures its own plastic bottles and has taken steps not to adversely affect the province's natural environment, which has become the focus of nascent efforts to create an ecotourism industry in the Kingdom.

" OUR FACTORY WAS BUILT TO RIGID TECHNICAL STANDARDS ... [WITH] THE LATEST TECHNOLOGY. "

TADA Bokor employs 35 workers and produces an estimated 1,200 to 1,500 cases of water each day.

"We purify the natural spring drinking water through reverse osmosis and ozone processes, as well as ultraviolet purification technology, to make it better than other brands," he said.

"I will enlarge our distribution to other provinces nationwide next year," he said.

Chheng Uddra, bureau chief of the Product Licensing Department at the Ministry of Industry, said TADA Bokor has complied with all ministry regulations and requirements.

"I have sent my experts last month to check the quality of the water, the bottling and the factory to ensure it was built to proper standards," he said.

There are more than 130 pure drinking water companies operating in Cambodia, but only 20-including TADA Bokor-operate within health parameters set by the government, Chheng Uddra said.

He added that because the ministry has not always implemented existing laws, it imposes three-month evaluations on companies to test the quality of the water.

If standards are not being met, then companies risk losing their license, Chheng Uddra said.

Fish production expected to rise 15 percent: officials

Photo by: Tracey Shelton
A fish at a farm in Pursat province. This year’s catch is up, but conservationists warn of illegal fishing and habitat

The Phnom Penh Post

Written by Khouth Sophakchakrya
Friday, 05 December 2008

But experts warn that an increase in illegal fishing could be partially responsible for the impressive catches this year

A GRICULTURE officials this week said freshwater fish production is expected to increase 15 percent over last year, amid claims by provincial fishermen and development organisations that illegal fishing and land reclamation continues to threaten their livelihood.

Nao Thuok, director of the Department of Fisheries at the Ministry of Agriculture, credited a more aggressive program of fish farming for the spike in production.

"We expect that freshwater fish production will increase to 402,500 tonnes this year because the government has expanded the number of fish farms nationwide to 154 and released millions of baby fish into natural lakes," he told the Post on Monday.

Cambodia processed some 350,000 tonnes of freshwater fish last year, Nao Thuok said, adding that between 20,000 and 50,000 tonnes were exported.

He said Cambodia also imports between 4,000 and 5,000 tonnes per year from Thailand, Vietnam and Japan, principally to satisfy rising demand from Phnom Penh's high-end restaurants.

Despite an expected drop in exports in the future to meet local demand, Nao Thuok said Cambodia's exports this year will likely top 30,000 tonnes.

But area fishermen and development aid organisations see a different picture in the fisheries sector.

Figures skewed

Mark Sithirith, executive director of the Fisheries Action Coalition Team (FACT), said freshwater fish output this year took into account fish caught illegally, skewing the figures.

He added that coming years' totals would likely drop as illegal fishing depletes stocks and growing numbers of natural lakes fall prey to developers.

"Fishermen who live near Tonle Sap lake told FACT they now catch less than 10 kilograms per day, with most of the fish being quite small. But last year, they say they caught more than 20 kilograms per day on average during the dry season," Mark Sithirith said.

Fisherman Yon Yeounin, from Kampong Chhnang province, said his village faces shortages as the fish paste production season is set to begin.

"I think fishing output this year will be lower. Some of the flooded forests were cut off for rice production," he said.

"In early December last year, I could catch 45 kilograms of fish per day. Now I can catch only 25 kilograms in a day."

Aom Chhim, 56, a fisherman in Siem Reap province, also expected fish production to drop this year and blamed the use of illegal nets and reclamation of spawning grounds for rice paddy.

"The flooded forest areas that usually serve as spawning grounds were used instead for paddy fields," he said.

Cost cuts, better security to boost tourism: task force

Photo by: Heng Chivoan
Tourists at Angkor Wat. Government authorities and the private sector hope to lure visitors with lower prices and better security.

The Phnom Penh Post

Written by May Kunmakara
Friday, 05 December 2008

The new public-private sector tourism body says price cuts could lure tourists back to Cambodia, but others warn the global downturn will keep numbers low

DRASTIC price cuts and aggressive promotional campaigns may be in the works to reinvigorate Cambodia's hard-hit tourism sector, officials say.

The president of the Cambodian Association of Travel Agents, Ho Vandy, told the Post a tourism task force, comprised of travel agents, airline and hotel officials, tourism police and associated government ministries, met Minister of Tourism Thong Khon on Thursday.

The task force urged price cuts and stricter security measures to attract international visitors following instability in neighbouring Thailand and terrorist attacks in Mumbai.

"If we can reduce the price of our tourism services, it will help promote our country to travellers who are increasingly cutting their spending," Ho Vandy said.

Tight security would also boost confidence among potential travellers, he added.

"Terror attacks in other countries have provided an important lesson for us to consider," he said.

Alternative transit routes

Cutting airfares and increasing air service routes from countries other than Thailand were key points of discussion, Ho Vandy said.

"The political chaos in Thailand is not likely to end soon, so we need to promote more direct flights from other hubs," he said.

He said lower airfares, airport taxes and admissions for Cambodia's most popular attractions could encourage more direct flights that bypass Bangkok.

Between 10 million and 12 million tourists visit Thailand every year, with many of them including Cambodia on their itineraries, he said.

But Sokhara Ted Tann, deputy general manager of Korean Air, said the situation in Thailand has begun to improve and questioned whether the measure proposed by the task force would have any impact.

"The most significant issue is the world economic crisis," he said.

Meoung Son, an independent tourism analyst, also questioned whether more direct flights were possible.

"The government should start by reconsidering its unfair and poorly serviced airport tax. Moreover, admission fees and hotel rates are already in line with those in neighbouring countries," he said.

"Hotels, restaurants and bars earn their profits principally during only three months of every year. The airports get their profits every day."

Bun Ratha, president of Siem Reap International Airport, said he is in favour of cutting the airport tax, but said it would require approval from the government and the private company that operates it.

"I think the government has to discuss this with Cambodian Airport Management Services, a French company that earns the airport tax."

Workers stay home over Thai turmoil

The Phnom Penh Post

Written by Thet Sambath
Friday, 05 December 2008

IMMIGRATION officials on Wednesday said the number of migrant Cambodian workers crossing the border into Thailand has dropped since political turmoil recently erupted in the neighbouring country.

"We have seen fewer Cambodian farm workers going to Thailand, as well as fewer arrests and deportations since the protests and unrest [in Bangkok]," Im Pon, an immigration police officer at the Poipet border checkpoint, told the Post on Wednesday.

Between 50 and 150 Cambodians per day were deported through the Poipet checkpoint since mid-October, Im Pon said - down from 200 to 250 in previous months.

Meanwhile, fewer than 50 documented workers with passports and health checks have crossed the border daily, compared with 100 per day last month, Im Pon said.

"[People] are afraid to work in Thailand because they are concerned about security after the demonstrations in Bangkok," he said. "Some of them are returning to [Cambodia] to find work in construction or factories."

Local work encouraged

The harvest season generally sees increased numbers of agricultural workers crossing the Poipet border to look for employment on Thai farms, said Im Pon, adding that as many as 6,000 Cambodians have continued working in Thailand's Rong Kleu market just across the border.

Oum Mean, a secretary of state for the Ministry of Labour and Vocational Training, said the government is encouraging workers to stay at home and find employment locally.

"We know that workers are concerned about the situation in Thailand. It is not the right time for them to be working [there]," Oum Mean said, adding that officials are now stepping up efforts to prevent people from crossing the border illegally.

"It is dangerous to work in Thailand right now because they are experiencing disorder in their country," said Oum Mean.

Kandal clinics stub out smoking

Photo by: Vandy Rattana
A man enjoys his cigarette. Doctors from health clinics in Kandal province have been told to lead by example and stop smoking

The Phnom Penh Post

Written by May Titthara
Friday, 05 December 2008

Kandal province health clinics's anti-smoking campaign aims to inspire people to kick the habit

SMOKING has been banned in all health facilities in the province of Kandal, the head government health official there said.

"It is our job to educate people about health problems, especially the impact of smoking. If we don't stop smoking [ourselves], how can we expect people to take our advice [seriously]?" said Ourm Thorn, head of Kandal's provincial Department of Health. He said that beginning this week, smoking will be prohibited in all 104 government health centres in Kandal.

"We have tried to do this for two years, but now it's finally starting," he said.

"We are going to put stickers in all the rooms saying that there will be no smoking. If we find our staff smoking, we will fine them 5,000 riels."

"Ninety percent of doctors in my health centres have stopped smoking. For the rest, if they want to smoke, they have to do it outside."

He said doctors should lead by example in helping their patients kick the habit.

Mom Kong, executive director of an alliance of nongovernmental organizations called the Cambodian Movement for Health, stressed the negative impacts of secondhand smoke on households.

According to his group's research, four out of five children in Cambodia live in a home with a smoker.

"People need a clean, smoke-free environment to live," he said.

He applauded the effort in Kandal, saying that health officials were best positioned to set a good example and blaming public advertising for making smoking appear "attractive".

He said the government is failing to discourage smoking by placing low taxes on tobacco products and not including severe health warnings on the packs.

Traffic accidents down but fatalities up, reports say

Photo by: Tracey Shelton
The congested streets of Phnom Penh, perilous to the drivers who flood the city.

The Phnom Penh Post

Written by Mom Kunthear and Khoun Leakhana
Friday, 05 December 2008

An interim report from the Ministry of Interior shows rise in traffic fatalities, as NGO figures show drop in accidents

THE number of fatalities from traffic accidents is up from last year according to a temporary report from the Ministry of Interior, officials say.

"This year, traffic accident fatalities increased by 1.8 percent from last year," Keo Savin, department chief of land transportation at the Ministry of Public works, told the Post on Thursday, emphasising that these are only interim results.

According to the report, 1,545 people died in road accidents in 2007 compared with 1,572 deaths in 2008 to date.

"We always cooperate with NGOs, private companies, the public sector and citizens in order to reduce traffic accidents, and we usually broadcast to all people about the traffic law, but some of them don't care," said Keo Savin.

He said the overwhelming majority of fatalities were due to people not wearing helmets and driving drunk.

"In Cambodia, only 24 percent [of motorists] wear helmets," said Keo Savin, adding that "the accidents usually happen at nighttime because of the many drunken drivers".

Meas Channy, traffic safety officer at Handicap International, said the first seven months of 2007 saw 16,352 accidents, compared with 14,213 cases in the same period this year, according to Handicap International figures.

"However, the number of people who died in road accidents has increased.... More than four people now die on Cambodian roads each day," Meas Channy said.

"It is necessary for drivers to respect the traffic laws and drive carefully. If everybody can do that, the traffic accident fatalities will decline.

"I think that traffic police have to broadcast traffic laws and practice safe driving because not all people know and understand [the laws]."

Appeals Court slashes sentence of child sex offender to one year

The Phnom Penh Post

Written by ChRann Chamroeun and Thomas Gam Nielsen
Friday, 05 December 2008

Victims' lawyers express disappointment as jail term is cut by more than half for American convicted of indecent acts with teenage girl

THE Phnom Penh Appeals Court has slashed the jail sentence of an American national convicted in April of engaging in indecent acts with a 13-year-old Vietnamese girl, citing a lack of evidence.

In a ruling Thursday, presiding Judge Thou Mony upheld the charge against Thomas Wayne Rapanos, 55, but reduced his jail term from two and a half years to one year, saying there was not enough evidence.

In the same ruling, the judge also dismissed charges that Rapanos had sexual intercourse with a 16-year-old Cambodian girl.Rapanos was arrested when police raided his room at a Phnom Penh guesthouse on March 5, where he was found with the two girls.

Keo Thea, deputy police chief at the anti-trafficking and juvenile unit, told AFP after the arrest that one of the girls was naked at the time of the raid.

In Thursday's appeal hearing, lawyers for the two girls wanted judges to charge Rapanos for having sex with the Cambodian girl, while Rapanos appealed to reduce the sentence handed down by the Municipal Court on April 17.

The girls' lawyer, Peng Maneth, provided by the French child protection NGO Action Pour Les Enfants (APLE), said that the one-year sentence was the lowest possible for an indecent act.

"The victims are not so happy with the trial, but this is the judges' ruling," she said.

APLE director Samleang Seila said the organisation has followed Rapanos' whereabouts since November 2006, adding that he was glad that the perpetrator was being sentenced, but that judges should have considered more evidence in the case - including a claim the older girl had witnessed sexual penetration.

"We still congratulate the fact that he was sentenced, but we wanted the judges to consider evidence not only from the night of the arrest," he said.

The Appeals Court hearing was closed to the public to protect the underage victims' privacy after a joint request from both the lawyers of the victims and the perpetrator.

Court inspections await results amid charges of selective justice

The Phnom Penh Post

Written by Thomas Gam Nielsen and ChRann Chamroeun
Friday, 05 December 2008

Two investigations into provincial prosecutors are a welcome step forward, say rights groups, but are no clear indication of reform

THE Ministry of Justice is investigating chief prosecutors in two provincial courts after receiving complaints about the officials' conduct, but rights groups say that the investigations have only moved ahead because the complaints were brought by powerful interests.

Ratanakkiri Provincial Court Chief Prosecutor Mey Sokhan was removed from a high-profile case last month after being accused by agricultural firm DM Group of slowing down the legal process in their case against hundreds of villagers who are disputing the company's right to a 700-hectare plot of farmland.

Kong Seth, chief prosecutor at Kampong Speu Provincial Court, is also under investigation for unknown charges stemming from complaints from provincial officials.

Roath Thavy, provincial coordinator of local rights group Adhoc, said he did not know the exact charges against Kong Seth, but that rumours in the province pointed to allegations of bribery.

Progress

Judge Kim Sophorn, who is part of the investigative teams on both cases, said the investigations in Ratanakkiri are now complete, but that he and other inspectors were still logging reports from Kampong Speu.

"We went to Kampong Speu Wednesday to investigate complaints about court chief prosecutor Kong Seth. The charges ware made by the province's environmental officials," he said, adding that he could not make further comments until the investigation is finished.

Adhoc President Thun Saray said it was a step forward for the Ministry of Justice to be investigating complaints about the judiciary, but added that only now - when businessmen or other powerful interests were making the complaints - were steps being taken.

"A lot of people are crying about the injustices of the courts and the police force without the minister of justice reacting," he said. "But as soon as they hear complaints from powerful people and businessmen, they conduct an investigation."

Putting on a good face

Sok Sam Oeun, director of the Cambodian Defenders' Project, told the Post that he supported any effort to reform the judiciary, but said it was too soon to judge whether the current investigations would yield to further reforms.

"If this is a real action, it's a big change for the government," he said, adding that in pursuing the investigations in Kampong Speu, the government might be trying to put on a good face during the current international donors forum. "We will have to see. Sometimes it is only for show."

According to Kim Sophorn, only two Cambodian prosecutors have ever been disbarred, adding that rulings on the two cases will be made by a body called the Council of Discipline under the Supreme Council of the Magistracy.

Justice Minister Ang Vong Vathana said that inspection teams usually consisted of four or five officials.

Govt critics question use of donor aid at annual meeting

Photo by: Heng Chivoan
The French, British and Japanese ambassadors (from right to left) at the opening of a donor meeting on Wednesday.

The Phnom Penh Post

Written by Brendan Brady and Kay Kimsong
Friday, 05 December 2008

With Cambodia expected to reap a windfall in foreign assistance, the opposition says ‘beggar mentality' will persist

EARLY reports that Cambodia will receive nearly US$1 billion in foreign aid for this coming year add a new imperative to the annual debate on the real impact of donor contributions that typically make up half of the government budget.

"Cambodia still needs aid, but they way it is used is the real problem," said political veteran Prince Sisowath Thomico.

"It should be used just to improve certain key sectors like education and health. So far, since 1993, I haven't seen it done this way. It has been given according to the requests of the government."

The government has used this week's donor forum as an opportunity to lay out a new vision for management of the country's resources and to defend itself from criticism from watchdogs and NGOs, releasing a report during the session rebutting a string of recent attacks on land rights and resource extraction.

Prime Minister Hun Sen said Thursday the government would not grant any new land concessions for logging, saying the government would instead focus on collecting revenue from taxes.

"We are better off to keep the forests as a national reserve, and not try to get money from logging."

" Cambodia still needs aid, but the way it is used is the real problem. "

He blamed his previous coalition government "partner", Prince Norodom Ranariddh, for "allowing the government to fall into anarchy" with profit-making schemes such as logging.

But he proclaimed that the years of unscrupulous government were over.

Aiding and abetting?

Despite the government's assertions, opposition leader Sam Rainsy expressed concern that the potential aid windfall next year would only further "a beggar mentality that makes Cambodia remain irresponsible and corrupt".

"A real friend who cares helps a country help itself. It's not about giving money to a country to spend however it wants. I think [donors] don't see that a lot of assistance has not been effectively used. How can the country be improving if it requires more assistance?"

Yet, neither questions of the efficiency of aid nor a looming global recession that is hitting many of Cambodia's key donors hard are likely to spark a drop-off in aid, said independent economist Sok Sina.

For Rafael Dochao Moreno, head of the European Commission in Cambodia, donor contributions stand for more than financial support.

"The EC presence here in Cambodia shows one of the European values and principles: solidarity."

He said that despite financial pressures European governments were facing given their own dire economic troubles, "We are here to stay."

Donors to give US$1b: Official

The Phnom Penh Post

Written by Kay Kimsong and Brendan Brady
Friday, 05 December 2008

FOREIGN donors have promised nearly US$1 billion in aid for the coming year, a senior government official close to the process said Thursday, despite expectations that donors would reduce contributions in the face of the global economic crisis. Last year donors pledged $690 million.

"As far as I know, donors will pledge close to $1 billion because the government has done good work," Hang Chuon Naron, secretary general for the Finance Ministry, told the Post Thursday, a day ahead of the expected official announcement.

At the same time, donor groups called for better prioritising of public spending.

Addressing the government's plan to double its military spending to $500 million in 2009, John Nelmes, head of the International Monetary Fund in Cambodia, said: "Military spending should be targeted on critical needs to avoid limiting funding to other key areas".

And Qimiao Fan, World Bank country manager, pressed the government to pass an anti-corruption law that has been delayed for more than a decade.

"Passing the law will be an important signal, providing investors and development partners with confidence to make more long-term commitments in Cambodia."

Cambodian response upsets govt

Bangkokpost

Friday December 05, 2008

THANIDA TANSUBHAPOL

Thailand is disappointed with Cambodia's response to its protest over an incident in which two Thai military rangers stepped on landmines last October.

Virachai Plasai, director-general of the Treaties and Legal Affairs Department at the Foreign Ministry, said Thailand had demanded Cambodia clarify the incident in which Thailand believes mines were newly planted near the Thai-Cambodian border.

Cambodia did not reply directly until two days before the Mine Ban Convention meeting in Geneva last month.

"Cambodia chose to circulate its response to all state parties and finally sent us a formal reply late on Nov 21 [before the meeting on Nov 24-28].

"Thailand was disappointed with its reply in which it tried to evade the crux of the matter," said Mr Virachai.

He said the issue was not about which mines were in whose lands. The real point was that under the Ottawa Mine Convention, both countries had agreed not to plant any new mines anywhere in the world.

Thailand and Cambodia still have unsettled border issues, and are in the process of negotiating demarcation lines.

On Oct 6, two Thai military rangers lost their legs when they stepped on landmines while on routine patrol in a "mine-free zone" inside Thai territory.

The Cambodian side said it started investigating on Oct 20.

Foreign Ministry deputy permanent secretary Norachit Singhaseni raised the issue during a meeting of state parties to the Mine Ban Convention.

The Swiss government, which hosted the meeting, offered to set up a fact-finding committee to help resolve the problem but the Cambodian side refused the offer, saying it wanted to investigate further.

The committee would comprise Thailand, Cambodia, a third country and non-governmental organisations.

"We told the panel that the unilateral investigation might be inappropriate but for our friendship's sake, we can wait for the results which should not have to take too long," said Mr Virachai.

Thailand was tackling the issue step by step through bilateral negotiations but if the issue is not adequately clarified, the government might raise the issue with the United Nations.

Disorder in the court as hearing ends in disarray

CCC POOL PHOTO/AFP
Former KR head of state Khieu Samphan in the dock at the ECCC on Thursday.

The Phnom Penh Post

Written by Georgia Wilkins
Friday, 05 December 2008

Defence lawyers challenge prosecutors to informal debate

FORMER Khmer Rouge head of state Khieu Samphan told judges at the Khmer Rouge tribunal Thursday that he did "not understand" why he was standing trial for crimes against humanity during an appeals hearing that ended in disarray, as defence lawyers argued heatedly with visibly upset victims outside the courtroom.

"I have always worked on the side of my country," the frail-looking septuagenarian told judges. "I don't understand why I am being charged with crimes against humanity."

Co-lawyers Jacques Verges and Sa Sovan, who profess to speak only Khmer and French, were appealing an earlier court decision that denied full translation of their client's case file to French, claiming it prevented a fair trial.

"There are 60,000 documents in this case, and so far only 2.5 percent have been translated into French," Verges told the court. "The UN secretary general agreed with me that all documents need to be translated into the three working languages, but perhaps the president of the tribunal would like to tell the UN to get a new secretary general?"

Co-prosecutors argued it was only necessary for the accused person to understand the documents, not his lawyers, suggesting that Khieu Samphan could get a different counsel.

"The prosecution is mocking me," retorted Verges, who has made a career of defending some of history's most notorious criminals, including Nazi Klaus Barbie.

Khieu Samphan told the court he was sick and unable to think clearly, claiming that "if my counsel had been able to understand these documents, then my detention might not have been extended". A ruling is expected at a later date.

At a press conference after the hearing, Verges and Sa Sovan invited the co-prosecutors to participate in a debate outside the court, leading to a bitter row between Sa Sovan and angered victims in the crowd.

"You, co-lawyer, you speak too much. Why not let the victims speak too? We are here but cannot speak," one woman shouted. "My parents were killed during the Khmer Rouge regime. How can you ... say he did not kill people?"

Sa Sovan replied that his mother had also died under the regime, as he and Verges left the room escorted by court officials.

"We don't want a trial through the media," co-prosecutor William Smith told reporters after the incident, adding there were only 3,000 documents still to translate.

Cambodia revives Pol Pot's deadly canals

Children play in the Khmer Rouge canals in Baray, Cambodia. (Thomas Fuller/International Herald Tribune)

International Herald Tribune

By Thomas Fuller
December 4, 2008

BARAY, Cambodia: The dry season has taken hold here, but water is everywhere. It pours out of sluice gates with the roar of an Alpine torrent. Playful children do back flips into the ubiquitous canals and then pull their friends in with them. Fishermen cast their nets for minnows, and villagers wash their Chinese-made motorcycles.

"It's never dry here," said Chan Mo, a 36-year-old rice farmer standing on top of an irrigation dike.

The Khmer Rouge canals have come back to life.

By the time the brutal government of Pol Pot was toppled three decades ago, 1.7 million Cambodians were dead from overwork, starvation and disease, and the country was a ruin. But the forced labor of millions of Cambodians left behind something useful - or that's how the current government sees it.

The leaders of the Khmer Rouge were obsessed with canals, embankments and dams. They presided over hundreds of irrigation projects to revive Cambodia's glorious but perhaps mythical past of an agrarian wonderland.

"There has never been a modern regime that placed more emphasis and resources towards developing irrigation," wrote Jeffrey Himel, a water resource engineer, in a recent study of Cambodia's irrigation system.

"The Khmer Rouge emptied all cities and towns, and put practically the entire population to work planting rice and digging irrigation dikes and canals." Some of the canals were poorly designed - "hydraulic nonsense," says Alain Goffeau, a French irrigation expert with the Asian Development Bank. But many were viable.

The Khmer Rouge built around three-quarters of Cambodia's more than 1,000 canal networks, according to a survey commissioned by the United Nations in the 1990s.

Now, across this impoverished nation of 14 million people, the canals are being rebuilt by a government hoping to take advantage of the world's increasing demand for rice.

The Asian Development Bank is helping finance the rehabilitation of a dozen canals, adding to projects financed by the Japanese and South Korean governments.

"There's a lot of possibility," Goffeau said.

For older Cambodians, the canals are a source of ambivalence. Men like Loh Thoeun, 61, now a rice farmer, think back to the baskets of dirt that he carried away, hour after hour.

He recalls the horrors of the Khmer Rouge - the laborers, hands tied behind their backs, who were "dragged away like cows" and never returned, the Muslim families who were thrown down a nearby well. The foremen of the irrigation project in Baray were killed after the canals and embankments were completed - without explanation. Loh says he once saw Pol Pot inspect the canals on what he described as a "speedboat."

All of the work was done by hand here in Baray, a two-hour drive north of the capital, Phnom Penh. No talking was allowed among laborers. The Khmer Rouge played revolutionary songs and banged hubcaps to encourage the workers. Contemporary photos show huge crowds toiling in the dust.

"The earth here is very hard, and when we dug deeper we got to the hardest part - the most compact ground," said Loh, sitting in a bamboo shelter beside his rice fields. "We had to hammer at it. It was like cutting down a tree."

For so many Cambodians the Khmer Rouge years, from 1975 to 1979, were about digging. Villagers and residents of Phnom Penh, who were forced to move to the countryside, were organized in small work units.

"I was a slave," said Ang Mongkol, now the deputy director general of the Ministry of Interior who was a law student when the Khmer Rouge came to power and was assigned to haul dirt.

Yet despite the sorrow of those years, there are only traces of remorse here about taking full advantage of the canals. Loh hopes the canals he built in slave-like conditions will help double or triple his rice output.

"I always recall the past to my children," Loh said. "I say, "We have water from this canal that was built by the people. And many of them died."

Ang is leading an experimental project that uses water from the canal to irrigate fields of hybrid rice varieties that promise to yield four times as much as the variety traditionally grown here. Because only about 20 percent of Cambodia's fields are irrigated, its rice farmers harvest on average half as much as Vietnam's and one third as much as China's.

The irrigation system in Baray, which is fed from water diverted from the nearby Chinit River, functioned for several years after the Khmer Rouge left power. But in the mid-1980s it fell into disrepair. It was only in 2005 that the government began rebuilding it. Today, the local municipality hires a maintenance crew to keep the water flowing.

Among the workers is Sim Vy, 48. As a teenager she was enlisted by the Khmer Rouge to help build the canals. She was told she was working for national glory but received only a watery gruel as recompense. Now she is paid $55 a month. "I prefer working this way," she said.