Selling the Killing Fields

New Statesman

Kate Allen
Published 20 March 2009

A few minutes to leave your home before it’s bulldozed: a reality for thousands in Cambodia reports Amnesty UK's Kate Allen

To be woken in the middle of the night and given minutes to gather basic essentials before your home is bulldozed is surely the stuff of nightmares. But as Unreported World on Channel 4 tonight (Friday 20 March) will show, this is the reality for thousands of Cambodians.

The programme ‘Cambodia: Selling the Killing Fields’ focuses on the people of Dey Kraham – a slum district in Cambodia’s capital city, Phnom Penh. It shows the residents there being first thrown onto the streets by security forces and hired demolition workers, and then left to watch as their homes are turned into dust by wave after wave of bulldozers.

The experience of Dey Kraham is not a one off. Forced eviction – the removal of people against their will from the homes or land they occupy, without adequate notice, consultation, due process and assurance of adequate alternative accommodation – is the reality for thousands of Cambodians.

In 2008 alone, Amnesty International received reports of at least 27 forced evictions affecting over 20,000 people in Cambodia, most of them marginalised groups already living in poverty. And about another 150,000 Cambodians are still living under the threat of the same treatment in the midst of land disputes and agro-industrial and urban redevelopment projects.

But the blight of forced evictions is not unique to Cambodia. Millions of people around the world – in Angola, Kenya, Guatemala and dozens of other countries - are living under the threat of being forcibly evicted.

Instead of protecting their populations against this gross human rights violation, governments are seen to be directly or indirectly involved in demolishing homes and destroying communities, leaving the people, who are already surviving on very little, destitute and homeless.

Often, forced evictions are carried out at the behest of corporations that have built a close relationship with the local authorities – a relationship that allows them to commit such abuses without being held accountable. Sadly, forced evictions happen without much international furore.

Amnesty International has worked tirelessly for several years with governments, multinationals and global bodies to show the benefits of adopting a human rights approach to business. Progress has already been made in some areas; for example companies from Unilever to Sony and from Nokia to GlaxoSmithKline now have a human rights dimension in their codes of conducts.

Meanwhile, here, the UK Government passed the Corporate Manslaughter Act. This was as a result of concern that companies were not being held to account for their negligence, even when this resulted in injuries and deaths.

If this important step can be taken in the UK, then the same principle could be applied across the globe. The international community – both businesses and governments – needs to address the issue of forced evictions head on.

The business world needs to open its eyes to the communities it operates in and acknowledge its responsibilities to uphold fundamental human rights.

Amnesty and others are calling for strong regulation both nationally and internationally to ensure incidents like the destruction of Dey Kraham are not allowed to be repeated.

Right now we are calling on the Cambodian government to end forced evictions, and to ensure that all those made homeless have access to at least minimum essential shelter, clean water, sanitation, health services and education, including through the provision of humanitarian assistance where necessary.

Kate Allen is Director of Amnesty International UK

Reproductive Health Group In Cambodia Reports Increase In HIV Testing Among Women

Medical News Today (press release)

Main Category: HIV / AIDS
Also Included In: Women's Health / Gynecology; Sexual Health / STDs
Article Date: 20 Mar 2009

report released on Monday by the Reproductive Health Association of Cambodia found that 40,587 women in the country underwent HIV tests in 2008 -- up from 38,660 who were tested in 2007 -- the Phnom Penh Post reports. Blood tests are offered at no-cost at state and referral hospitals across Cambodia, the Post reports. RHAC said the increase in testing was in part because of an increase in reproductive health awareness campaigns.

Mean Chivoan -- director of the National Centre for HIV and AIDS, Dermatology and STD -- said that the government has distributed information about HIV/AIDS tests since 2001, giving information to community groups and garment factories. He said that the government will continue to promote tests among women -- particularly pregnant women -- because it believes such efforts are "important." Cheat Khemara, senior labor official at the Garment Manufacturers Association of Cambodia, said the increase in testing among women is a reflection of a partnership between community groups and garment factories -- where about 300,000 Cambodian women are employed. He called on "all factories to help provide health facilities and services" at no-cost to employees and to "provide care to employees who have HIV/AIDS so that they have the mental strength to continue their work." Chea Mony, president of the Free Trade Union of Cambodia, reported that most garment factory workers are required to have a health check at the Labor Health Centre. He added, "Usually, women who work for factories do not understand the importance of having blood tests. They only go if they are helped or guided by NGO workers."

Chak Chenda, clinic manager at RHAC, said that the group is planning to publish a "guide book and leaflets on reproductive health to be distributed in communities and also organize a peer group education program" to bring trained volunteers to discuss reproductive health in communities (Leakhana, Phnom Penh Post, 3/18).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation.

It's a gender, human rights issue

The Phnom Penh Post

Written by Tong Soprach
Friday, 20 March 2009

Dear Editor,

Regarding to the article "Ministry bans obscene songs to save traditions" [The Phnom Penh Post, March 18], I strongly agree with the Ministry of Culture's ban on obscene songs. I think this is a good start for the ministry to take measures against obscenity in Cambodian society. However, verbal and physical sexual harassment appears regularly in comedy and on television.

When I watched these performances, I felt scared, shocked and ashamed as a human being. This kind of comedy gives nothing of educational value to children and youths.

If the government still ignores these performances, it will increase verbal and physical sexual abuse and harassment against girls and women. The government should gather comedians to provide training on human rights and sexual harassments.

Tong Soprach
Phnom Penh

Ministry should review all songs before release

The Phnom Penh Post

Written by Socheata
Friday, 20 March 2009

Dear Editor,

I strongly support the Ministry of Culture and Fine Arts in banning rude or obscene songs ["Ministry bans 'obscene' songs to save traditions", in the March 18 edition of The Phnom Penh Post].

As I have observed, many Cambodians prefer to use foul language as a typical way of joking to entertain themselves and people around them. With that, some artists and comedians have intended to compose songs and jokes in an obscene way because they know people like those words and often imitate them for fun. One of the songs to be banned was composed by this comedian and has been heard at ceremonies and resung by many at weddings. Sometimes, he even relates his composed stories with obscenities to some Buddhism practices as a joke, which is unacceptable religiously and culturally.

Finally, I strongly urge those artists and comedians to be responsible for their own acts and act appropriately to contribute to the society in a positive way. I also recommend that all songs and comedies be reviewed by the ministry before being released for the public. Being Cambodians, we should be doing well enough to protect our own cultural identity.

Socheata,
Phnom Penh

Cambodia's Coming Oil Wealth Will Likely Entrench Ruling Cabal In Corruption

Global Post Patrick Winn March 18, 2009

BANGKOK - Haunted by war, and wracked by poverty, Cambodia has had little opportunity to enjoy one its few blessings.

The nation of 14 million people, sandwiched between Thailand and Vietnam, is flush with natural resources. Veins of iron and gold run beneath its soil. Natural forests offer a wealth of timber. Most promising of all are Cambodia's deposits of oil and gas, believed to snake offshore all the way through the kingdom's lush interior.

As Cambodia's leaders begin to parlay these natural blessings into wealth, selling off drilling rights to firms across the globe, American oil companies are taking notice.
So, too, are the watchdogs.

Foreign aid, in large part from U.S. tax dollars, accounts for half of Cambodia's national budget. Much of this is aimed at the more than one-third of Cambodians living on roughly 50 cents per day.

While Cambodia's ruling party could use the coming resource wealth to wean the country off foreign aid -- and potentially lift millions out of poverty -- leaders already appear to be hording this money for themselves, watchdogs say.

According to Global Witness -- the U.K.-based non-profit that helped expose the West African "blood diamonds" trade -- the coming oil wealth will likely just entrench Cambodia's ruling cabal in corruption.

"In a couple of years, the elites will be so wealthy it will be hard to rewind the tape," said Global Witness Director Gavin Hayman during a business trip in Bangkok. The non-profit recently published an investigative report on Cambodia's growing oil wealth.

According to International Monetary Fund forecasts, Cambodia's annual oil revenue should begin at about $174 million in 2011 and climb to $1.7 billion by 2021 -- and plunge thereafter as resources are sucked dry.

This oil future has grabbed the attention of the global oil industry.

Just this past weekend, U.S. oil industry representatives invited Cambodian energy leaders to observe drilling operations near the Gulf of Mexico, home to dozens of major offshore oil rigs.

"Cambodia is on the verge of an oil and minerals windfall," said Eleanor Nichol, a Global Witness campaigner. "The stakes are very, very high."

A global fuel chase has led many foreign firms to cut deals with Cambodia's ruling party.
They've since carved the nation into 20-odd oil-and-gas districts that will be developed.

Most firms with Cambodian oil concessions are Chinese, some with little experience in the energy sector. Various South Korean, Southeast Asian and Middle Eastern companies round out the concession holders.

But the best-known energy firm with Cambodian drilling rights is the California-based Chevron Corporation.

Chevron is preparing as many as nine wells for what it calls a "complex reservoir" off Cambodia's coast. The firm is now "working closely with the Royal Government of Cambodia to complete the fiscal and legal framework that will be required for the development of petroleum resources in Cambodia," said Gareth Johnstone, Chevron's Asia-Pacific media director.

Chevron is a high-profile member of the Extracative Industries Transparency Initiative -- an anti-corruption movement devoted to "full publication and verification of company payments and government revenues from oil, gas and mining."

No allegations of corrupton have been made against the company, though the oil giant has come under pressure from watchdog groups to be more transparent in its dealings here.
Chevron will not reveal its payments to Cambodia nor its start-up drilling dates, said Johnstone, who is based in Singapore.

Cambodia is rated the world's 18th most-corrupt country by Transparency International, which publishes the world's leading corruption measure. Chevron also operates in Burma, run by an oppressive military junta.

When resource-rich areas are ready for excavation, Cambodia's government is suspected of dispatching soldiers and police to forcibly remove residents. According to Human Rights Watch, armed government militants have torched homes and pushed out hundreds of families. Once excavation begins, soldiers are believed to stand watch over the sites as international firms do their work.

Global Witness' work in Cambodia has brought death threats and a promise from one senior official to hit investigators "until their heads are broken," Nichol said.

Repeated inquiries to the Cambodia's National Petroleum Authority were ignored. With no explanation, some emails to the entity's listed addresses were automatically routed to Petroleum Geo-Services, a Norwegian firm specializing in finding oil and gas reserves.

Cambodia's U.K. ambassador, Hor Nambora, issued one of Cambodia's more public rebuttals to corruption claims. "It is naive for Global Witness to imagine that Cambodia's international donors are not fully aware of the way the Royal Cambodian Government's (sic) conducts its affairs," Nambora wrote in a release.

His response included an odd, mocking parody of a Global Witness document called "Rubbish Report by Global Witness." It features an image of a comically upright baby sea lion saying, "I shall not tolerate such rubbish. Good day, sir."

Last year, Cambodia absorbed roughly $1 billion in foreign aid. Even as major donors acknowledge Cambodia's corruption, money continues to pour in.

In 2008, U.S. Agency for International Development offered $54,994,000 to Cambodia in various programs targeted at health, education, human rights and more. The agency, in a corruption assessment, expressed frustration that "donor resources are being wasted and diverted."

Many Cambodian bureaucrats, the USAID report stated, are "masters of spin" and "... most reform efforts have had limited impact on a persistent, less-than-scrupulous opponent."

Many donors decide that, even if aid is filtered through corrupt bureaucrats, pulling back funding will only deprive the poor, Hayman said. And further, Western powers and their donation arms now worry that strained relations will push Cambodia dangerously close to China.

Still, analysts say the Cambodian government craves something China can't offer -- legitimacy in the Western world. American aid, and ties to giant firms like Chevron, supply much of this esteem.

The Western world, however, can only use this leverage for so long. Once Cambodia's rulers hit the oil-and-gas jackpot, Hayman said, they'll be too rich to reign in.

"They'll have so much money from oil and mining," he said, "that they'll be untouchable."

Thai foreign minister under attack

Anti-government protestors are seen at Suvarnabhumi International Airport in Bangkok, on December 2

Thai Foreign Minister Kasit Piromya

BANGKOK (AFP) — Thailand's foreign minister was forced during a censure debate Friday to defend himself against angry opposition attacks over his role in the protests that shut Bangkok's airports last year.

Kasit Piromya is accused of supporting the ten-day airport siege in November-December by members of the People's Alliance for Democracy (PAD) that cost the kingdom 8.3 billion dollars and tarnished its tourist-friendly image.

The 64-year-old reportedly said the blockade, the culmination of a four-month street campaign to rid former premier Thaksin Shinawatra's allies from government, was "a lot of fun".

But Kasit played down his role in the protests.

"I am not a core member of the PAD and neither have I taken part in their planning. I was invited to speak as academic," Kasit said, referring to a speech he made at the airport protest site.

"I joined the PAD movement in good faith in order to achieve true democracy, a better society in Thailand and to oppose Thaksin's system," he said.

A stream of opposition lawmakers addressed parliament during the second day of debate ahead of a planned vote of no confidence on Saturday aimed at toppling the three-month-old government.

The censure motion accuses premier Abhisit Vejjajiva and five other ministers from the Democrat Party, including Kasit, of corruption and mismanagement.

"The PAD and Democrats are the same group. Kasit was appointed as foreign minister to repay him for helping to seize the airport," opposition MP Visaradi Techathirawat said.

Another showed video footage of Kasit's previous comments on the protests and accused him of acting like an "international terrorist."

The foreign minister is also accused of ceding territory to Cambodia following renewed military tensions on their disputed border that boiled over into a deadly clash last year.

The opposition accused Kasit of allowing Cambodia to build a road on Thai land in exchange for securing Cambodian premier Hun Sen's attendance at a key regional summit that Thailand hosted last month.

But Kasit said territory had not been lost and defended his conciliatory approach.

"It's easy to fight, but people stand to lose, so we have to rely on peaceful negotiation... we are not losing any territory," he said.

The attacks on Kasit follow a day of debate centred on Prime Minister Abhisit Vejjajiva during Thursday's session that concluded in the early hours of the morning.

His Democrat Party is accused of receiving millions of dollars in illegal donations and illegally distributing funds, while it is alleged Abhisit certified false party financial statements and dodged military service.

The move to censure by allies of fugitive former premier Thaksin Shinawatra is almost certain to fail but opposition lawmakers hope that the allegations will weaken the ruling coalition.

Abhisit is named in the motion alongside Kasit, Finance Minister Korn Chatikavanij, his deputy Pradit Patharaprasit, Interior Minister Chavarat Charnvirakul and his deputy Boonchong Wongtrairat.

The debate must finish by midnight Friday in order to allow a Saturday vote.

Oxford-educated Abhisit took office in December after a court ruling toppled the then-ruling party allied to Thaksin. The Democrats subsequently won over parties that were part of the previous coalition government.

Former Burton resident gets 13 years in Cambodian prison

The Flint Journal - MLive.com

by The Flint Journal and wire reports
Friday March 20, 2009

BURTON, Michigan -- A former Burton man will spend 13 years in a Cambodian prison for sexually abusing a 13-year-old girl.

Jason T. Baumbach, 40, was also ordered to pay the girls family about 20 million riels -- the U.S. equivalent of $5,000.

Baumbach was arrested in Phnom Penh, Cambodia, last September on allegations he was having sex with a young girl he had met after moving to Cambodia in 2007.

Officials told a local newspaper there last year that the girl was having sex with Baumbach because he was paying the $100 monthly bill for her English lessons.

He had apparently met the girl through her sister.

Baumbach's lawyer, Chap Keo, said his client never had sex with the girl and that her parents promised that he could marry her when she turned 18.

The lawyer said Baumbach will appeal the conviction. Baumbach was among at least seven foreign nationals arrested in a Cambodian crackdown on child sex.

Rare Cambodian vultures recuperate from poisoning

In this Dec. 10, 2008 handout photo released by Wildlife Conservation Society, WCS veterinarian doctor Priscilla Joyner, left, conservationist Angela Yang, right, and bird bander Helen Ward, rear center, examine a white-rumped vulture in Phnom Penh, Cambodia. Veterinarians in Cambodia have saved the lives of two vultures from a nearly extinct species, but failed to rescue seven others who feasted on a poisoned water buffalo.(AP Photo/Wildlife Conservation Society, Allan Michaud, HO)

International Herald Tribune

The Associated Press
Published: March 20, 2009

PHNOM PENH, Cambodia: Veterinarians in Cambodia have saved the lives of two vultures from a nearly extinct species, but failed to rescue seven others who feasted on a poisoned water buffalo.

Pech Bunnat of the Wildlife Conservation Society said Friday that the white-rumped vultures were found in December in the northeastern province of Stung Treng.

They had apparently been stricken after eating the carcass of a water buffalo, which itself died after drinking from a poisoned pond. The pond was poisoned in order to catch the fish in it.

The white-rumped vulture — along with three other vulture species — has been listed since 2000 as "critically endangered" by the International Union for Conservation of Nature.

With a range stretching from Pakistan to Vietnam, the vulture was once considered one of the most abundant large birds of prey in the world. But the bird experienced precipitous population declines beginning in the 1990s largely due to the use of the anti-inflammatory cattle drug diclofenac, according to the New York-based Wildlife Conservation Society.

The drug proved effective in cattle but caused renal failure and mortality in any vulture that fed on the cow corpses that still retained the drug. Populations of white-rumped vultures dropped a staggering 95 percent and have yet to recover.

There are about 282 vultures in Cambodia, most of them in Stung Treng province and officially treated as protected, said Pech Bunnat, who is project manager of the Cambodia Vulture Conservation Project.

He said the Wildlife Conservation Society has built seven feeding stations in the jungle for vultures, which are supplied once or twice a month with slaughtered cows, so that the vulture population can be more closely monitored.

Mom of murder victim takes memories to Cambodia

Star Community Newspapers

By Stephanie Flemmons, Staff writer
Friday, March 20, 2009

Every day, Akemi Rhea prays for the man who killed her son.

But every day is a struggle dealing with the unsolved case and recognizing the murderer is still at large.

“I had to forgive him,” Rhea said. “I want to meet him and encourage him to turn himself in. I’ve been praying for him and his family ever since my son died.”

Rhea’s son, Adrain Porier, was fatally stabbed 12 times in May of 2008. The man who witnesses saw fleeing the scene of the crime was identified as David Martin Ruiz.

Plano detectives are continuing to search for his whereabouts and believe Ruiz could possibly reside in the Phoenix area.

In memory of her son, Rhea, her husband Bill and their nine adopted children are moving to Cambodia in April to fulfill a vision Adrain had for many years. She said they plan to build an orphanage and protect the children Adrain loved.

Rhea said Adrain was the family’s inspiration to adopt children in poverty stricken environments.

“Just get as many as you can,” were the words Adrain repeated to his family anytime there was doubt about adopting more.

In 2001, Rhea was encouraged by a church friend to adopt children. Once Adrain learned of the idea, she said he was the most excited of her four boys.

After all the adoption paperwork was complete, the Rheas were approved for two children.

“We first wanted two older children,” Rhea said. “We really wanted twins.”

Rhea said they picked the two children they planned to adopt and later that night the adoption agency e-mailed the name of a third child who had just been rejected from her family.

“At first we were overwhelmed,” Rhea said. “But Adrain said, ‘Mom, if you leave this little girl in Cambodia, you are leaving my little sister.’”

That year Adrain traveled to Cambodia with the family to pick up their first three adopted children. Rhea said Adrain was devastated when he saw the shape this third world country was in and just how many children were abandoned.

“He was so moved by the poverty that he wanted to sell his truck and build an orphanage,” Rhea said. “I thought it was so sweet of him to think that way.”

Just two months later the Rheas got a referral from China for another child. They agreed and brought her home and at that point Rhea said the adoption urge was over.

Two years later, Rhea said the urge returned. She contacted adoption agencies in China, but was told she had too many children. She learned she could adopt out of Africa and started researching the requirements. A friend encouraged Rhea to condense her scope and be open to adopting American children who have been rejected by their families.

“I went on a Web site and found a sibling group of four,” Rhea said. “I just fell in love with them and wanted all four of them. They were so beautiful and they looked so amazing.”

Rhea said she discussed the possible adoption with her boys and all but Adrain were opposed to the additions to the family.

“Adrain said, ‘Hey, I love what you are doing, just get as many as you can,’” Rhea said. “He was so into the other children. He was so excited for us and for the children we were adopting.”

His words inspired Rhea to go through the process and adopt the children from San Antonio. By the fall of 2003, the Rheas received one more boy and three girls.

“Adrain was very close to the boy,” Rhea said. “They would stay up all night and just talk.”

For the next five years, Rhea said Adrain was the hero of the family. She said he became a Christian and converted right before his murder.

Rhea said Adrain was the type of person who was friends with everyone and she believes the night he was murdered he was trying to calm Ruiz down from hurting any of his neighbors.

“Adrain told his roommate that David Martin Ruiz needed to be redeemed,” Rhea said. “Adrain was a gentle soul.”

Four days after Adrain’s funeral, the Rheas received a call from a girl they had mentored over a three-year period.

“She was crying and asked us to take her 7-week-old baby,” Rhea said. “Immediately, Adrain’s words came into my heart: ‘Get as many as you can,’” Rhea said.

She told the mother she had to discuss it with her husband. Rhea said she immediately pulled over into a parking lot and began to pray. She called her husband and told him about the baby.

“His immediate response was, ‘Get as many as you can, right?’” Rhea said. “I could not believe this. I just started crying.”

Jada’s adoption was finalized Nov. 13, 2008.

Because of Adrain and his death, the Rheas decided to go back to Cambodia to see if there was anything they could do with Asian Hope, a ministry to orphans in Cambodia that she discovered three days before Adrain’s death.

“Through a series of beautiful providences, we are set to move to Cambodia and work with the children in the trash dump,” Rhea said. “Hopefully it will be called the Adrain Porier Gehenna Rescue Mission.”

Rhea said she will be overseeing the dump daycare facility with her family and some workers. Meanwhile, her husband, a retired state district judge, will be working with TransformAsia as their assistant director, overseeing an orphanage on the Thai/Cambodian border which houses women and girls who have been trafficked.

Before the family makes their move to Cambodia, Rhea said she hopes to get in touch with the Ruiz family or learn of his capture.

“I tried to call Ruiz’s mother in Arizona City a few months ago,” Rhea said. “I wanted her to know that our entire family forgives him and that I really hurt for her. She is the mother of a murderer. My son was murdered.”

Contact Stephanie Flemmons at sflemmons@acnpapers.com

Cambodia approves draft law on non-proliferation of nuclear, chemical weapons

People's Daily Online
March 20, 2009

Cambodia approved on Friday a draft law banning nuclear, chemical, bio-chemical and radio-active weapons in the country.

The draft law was approved at a cabinet meeting chaired by Prime Minister Hun Sen.

"The draft law will help guarantee security, public orders, environment protection and welfare of our people, and also contribute to protecting security and peace in the region and in the whole world," said a statement of the Council of Ministers.

The draft law also completely prohibits production, recycling, receiving, transferring, storing, transportation and use of nuclear, bio-chemical, radioactive and chemical substances, which are essential for manufacturing weapons of their types, the statement said.

The draft law has 13 chapters and 32 articles, it added.

Source: Xinhua

Japan to help Cambodia pay its share of costs of Khmer Rouge trial

PHNOM PENH, March 20 (AP) - (Kyodo)—The Japanese government said Friday it will contribute $200,000 in urgently needed assistance to help Cambodia cover a shortfall of funds for the U.N.-assisted trial of former Khmer Rouge leaders.

The Japanese Embassy here said the assistance was requested by Cambodia to finance its share of the budget for the Extraordinary Chambers in the Courts of Cambodia, as the Khmer Rouge tribunal is formally known.

"Japan places a great emphasis on the progress of the Khmer Rouge Tribunal, as it believes that this process will promote peace, democracy, the rule of law and good governance in Cambodia," the embassy said in a statement.

Reach Sambath, spokesman of the ECCC, said, "We very much appreciate the contribution made by Japanese government at the time that Cambodian side is running out of budget."

He said the Japanese contribution will partially fund operational costs for this month. The tribunal will then require another $4.1 million from donors to support its operations for the rest of the year, he said.

Japan has so far contributed more than $20 million for the realization of the Khmer Rouge trials.

The court is currently handling the case against former Khmer Rouge prison chief Kaing Guek Ieu, better known as Duch, the first of five Khmer Rouge figures detained by the tribunal to be tried. His full trial, expected to last for three months, starts on March 30.

The Khmer Rouge are blamed for the deaths of at least 1.7 million Cambodians in the late 1970s.

Boeung Kak : Residents under threat of eviction denounce operation of misinformation

Phnom Penh (Cambodia). 19/03/2009: Boeung Kak lake resident at a press conference held at the CLEC.
©John Vink/ Magnum

Ka-set

By Ros Dina
19-03-2009

Some thirty representatives for the 4,252 families living under threat of eviction on the Boeung Kak lakeside, at the heart of Cambodia's capital, insisted on denouncing publicly at a press conference held on Thursday March 19th, “false information” broadcast by the television channel Bayon TV, according to which 70% of families accepted to leave their dwelling and let the Shukaku Inc. company develop the zone into a vast urban complex.

Inside the CLEC (Community Legal Education Centre) premises, in front of journalists and non-governmental organisations, Duong Bophary, one of the representatives of the Boeung Kak community, formally denied figures given by a Bayon TV journalist, the director general of which is none other than Hun Mana, the daughter and assistant to the office of prime Minister Hun Sen. According to the families representative, to this day, only 20% of them accepted to leave their home, and this mainly concerns families living in small floating houses in Groups 2 and 4 in Boeung Kak, located just next to the pipes from which sand is already pouring down and progressively filling the lake.

The reportage at issue, broadcast on February 24th and 25th, presented images shot in Boeung Kak in February, followed by comments from a journalist, asserting that in the meantime, the Shukaku Inc company had already started to develop that zone and that almost 2 families out of 3 had accepted to resettle on another site. The journalist stressed that the government should be given credit for this progress as it is an active part in the development of a new city.

In the same reportage, oknha Lav Van, who represents the concessionary company, boasted about the advantages granted by his company to lake residents. “They had the opportunity to transform their life by going from a home on the water, in an unhealthy environment, to a real house. Moreover, they can sell [their new home] whenever they want to and I think that price would bring them twice the amount back in! The value of their house in Boeung Kak, where they have been living for twenty years, will never be appreciated like that. And anyway, they can neither buy nor sell, because they do not possess legal title deeds”, the businessman explained. He was also very pleased about the transformation of the Boeung Kak lake and the neighbouring plots of land, which gather 133 hectares, into a new town, adjoining to Phnom Penh, with accommodation, shopping malls, hotels, banks and conference rooms.

That optimism was not share d at all by representatives of the families who were present at the conference. Indeed they particularly reminded that the Shukaku Inc company said they wanted to follow the “pattern” of another private company called 7NG [read also Land violences in Cambodia: Dey Krohom razed to the ground following a tough eviction] and offer residents three solutions: owning a house in Santepheap II, a sillage built by... 7NG, in Damnak Trah Yeung, located some 20 km west of Phnom Penh ; receiving a sum of money equivalent to 8,000 USdollars and 2 million riels (around 500 USdollars) ; or benefit from a new house, on the same site of Boeung Kak. Out of these three solutions, the first two were indeed presented to residents, but not the third one, families representatives denounce: like the waters of the lake, it evaporated somewhere... “In a letter dated April 25th 2008 from the Municipality and answering a question of the National Assembly on that topic, it is written that discussions were in progress with the population to study these three possibilities. But in fact, this is not the case at all”, Choung Chou Ngy, a lawyer for Boeung Kak inhabitants, claims.

According to Duong Bophary, Shukaku Inc officials never started any discussion with inhabitants. “Until now, we do not clearly know the criteria of the company. Is there a difference between those who live in floating houses and the others? On land, people have large houses and guest houses... What will their compensation be?”, Duong Bophary asks, urging the company to think about specific and “reasonable” solutions in favour of all the residents and within respect of their rights, rather than finding inspiration in what has been done in other areas of Phnom Penh

Most of the inhabitants in the 93-hectare zone concerned by the eviction, of which 40 ha are under the waters of the lake, are civil servants at the Council of Ministers, the Ministry of Information and the Ministry of Health, and they have been there since 1980 or 1982, Duong Bophary pointed out.

Despite the absence of agreement with all the residents, works for filling the lake with sand have already started, causing flooding and blocking access to some areas. Several houses have collapsed after the first discharge of sand. This is the case of the house of Keo Malay, a widow. The company did not allow her to rebuild her home and offered her a 200-dollar compensation, which she refused.

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On the Internet
- Site of the campaign "Save Boeung Kak ", launched by the NGO Housing Rights Task Force
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70,000 Asian children in sex tourism trade: NGO

Friday March 20, 2009

DENPASAR, Indonesia (AFP) - More than 70,000 children across Asia are being used by sex tourists, mainly in Cambodia, Indonesia, the Philippines and Thailand, an independent expert said Thursday.

Frans van Dijk of Dutch aid group Terre Des Hommes Netherlands told AFP on the sidelines of a conference here that the number of children working in the sex tourism trade was on the rise.

"It's difficult to work out the real number but we are sure that the reality is much more than estimates of 60,000 to 70,000," he said at the three-day Southeast Asia Conference on Child Sex Tourism.

He said victims and their parents were generally reluctant to report abuse due to shame and embarrassment, or were paid to stay quiet.

The situation was especially bad in Asia because some Asian men believed that having sex with children increased longevity, he said.

Indonesian expert Irwanto, of the National Coalition for the Elimination of Commercial Sexual Exploitation of Children, said children were "groomed" for prostitution with financial incentives such as payment of school fees.

Children in areas prone to natural disasters like earthquakes, floods and cyclones were particularly at risk, especially orphans or those who had lost a parent.

The tough fight against child prostitution in Cambodia

Phnom Penh (Cambodia). 23/08/2007: Interview with a minor in a child-friendly interview room at the Anti Human Trafficking and Juvenile Protection department of the Ministry of Interior.
©John Vink/ Magnum

Ka-set

By Stéphanie Gée
19-03-2009

Two French men, prosecuted for having committed aggravated sex offenses in Cambodia against children under 15, were sentenced last week to seven years of imprisonment by the Colmar Court in Alsace, France. Both frequented Cambodia and Svay Pak in particular on a regular basis. The area, also known as “K11” as it is located 11 kilometres north of the capital Phnom Penh, is a sort of open-door supermarket of sex. The case brought the little Khmer Kingdom back to the fore, presenting it as a top destination for paedophiles and other sex offenders. However, the Cambodian government is trying hard to get rid of that negative image as it has to fight against the industry of sex which looks more and more like organised crime in the country.

Svay Pak: in the shadows but still swarming
Demand concerning sexual intercourse without condoms and without any risk of being contaminated by the HIV/AIDS virus is one of the factors driving more and more children (under 15) into the sex industry. Svay Pay has indeed developed the grim reputation of “paradise” for child-sex enthusiasts, a specialty which the Internet has largely contributed to popularise. Unlike the Thai capital where red-light districts are located right in the middle of town, these areas have gradually developed around Phnom Penh, “far from schools and pagodas, and for more discretion”, as pointed out by Christian Guth, a former French police officer who has been advising Cambodia's Interior Ministry on sexual exploitation and child trafficking since 2000. “Thus, instead of 10 to 20 prostitutes in each neighbourhood, Svay Pak gathers between 300 and 400 of them, if not more. On the plus side, this concentration allowed people to have easy access to healthcare, AIDS prevention and social care, but the drawback was that paedophiles and the media could easily locate and identify the place.”

For several years, official announcements about the shutting down of the area and police crackdowns alternated following the impetus of the government, then particularly worried about being better graded by the United States. For two years now, “Kilometre 11” has sunk into a very relative sleep. Activities there have slowed down but the 1980s-built village, entirely used for prostitution, remains the main “reservoir” of young prostitutes from Vietnam.

The look of the village has changed, says Patrick Stayton, a Field Officer Director at the International Justice Mission (IJM), a Washington-based Christian NGO with a Cambodian branch office specialising on child-sex trafficking and forced prostitution. “It’s not like five years ago when as soon as you got there, they [touts] would put children on your lap with no fear of law enforcement. It’s nothing like that today. [...] Now, they bring clients inside houses where it’s difficult to find your way back. They do searches to check whether you have a hidden camera with you and the site is watched from the outside by several people…” Three weeks ago, a Cambodian-American man who organised child prostitution there was arrested together with an American client during a police raid, he says, to show that “it keeps going on”.

The new face of prostitution in Cambodia
The multiple police crackdown operations carried out in Svay Pak forced pimps to be more cautious and operate their activities underground, out of concern, and contributed to offshore prostitution. “Youngsters have dispersed to other parts of Phnom Penh, went to the town of Siem Reap [home of the Angkor temples], where tourism exploded, or ended up on the seaside in Sihanoukville, which seems to be following the same path”, Christian Guth indicates. A field study was carried out in Siem Reap at the beginning of this year by IJM and showed that 60 out of 80 brothels inspected by the team offered minor prostitutes.

The face of the sex industry has also changed in Cambodia, the French retired police officer points out, with the appearance of houses “where children and prostitutes are confined. When a hotel employee, a guide or any other person in contact with tourists wants to have a minor girl to satisfy the request of a client, they call one of these places and “order” the child, who is delivered directly at the client’s hotel, for instance.” For Patrick Stayton, the principle of it tragically comes down to ordering a take-way in a fast-food restaurant”. These sort of stockrooms for children who come from Phnom Penh, Vietnam, and, recently, from the provinces of Kampong Cham, Prey Veng and the Northwest of Cambodia, are present in the capital: In Svay Pak, still, but also in the Building – that derelict place standing on the Bassac riverfront – around the Central Market and along the busy Street 63.

Another trend has developed: prostitution is now using different names, like karaoke-bars, massage parlours, nightclubs, beer gardens, etc. These places dare not speak their name and it proves a lot harder for prostitutes to have access to the healthcare they deserve.

New law: triggering a lot of protest
On February 15th 2008, the Cambodian government promulgated a law on the suppression of human trafficking and sexual exploitation, but its enforcement aroused the wrath of sex workers and organisations for the defence of Human rights. The decision was followed by raids as part of of a “zero-tolerance” policy enforced in brothels. The U.S. Department of State’s 2008 Human rights report on Cambodia, released on February 25th 2009, cites examples of a legal system which has gradually become more moderate with paedophiles. On June 4, 2008, a Sihanoukville Municipal Court judge released on bail a foreigner who was arrested on charges of allegedly sexually abusing six children aged eight to thirteen; on July 21, the same court suspended the three-year sentence of a convicted paedophile and released him on probation after he had spent six months in prison for sexually abusing two underage boys. The suspect fled the country shortly after; on August 26, the Appeals Court reduced the sentence of a foreign paedophile from 18 years in prison, to three years in prison under the new law, etc.

The age consent for sexual activity in Cambodia is set to 15 years-old. Therefore, sexual intercourse with an under 15, consenting or not, is punished by law. For Christian Guth, the weakness of the new legislation enforced in February 2008 lies in the absence of clear definitions. “The law currently deals with only two levels of offence: sexual intercourse or molesting. But many other levels of responsibility can be determined.” Therefore, “judges now tend to disqualify cases by not taking into account the fact that penetration occurred, which reduces the sentence to only 1 to 3 years of imprisonment”.

Patrick Stayton also considers that today’s charges against sex offenders are often “incorrect” and quotes several gaps in the new law, for instance: “Possessing child pornography is not punished by law, but it is only illegal if you intend to do something with it...”

Yet, Christian Guth says, it is not that much the law, “which is, for sure, not perfect”, that one should blame, but its enforcement. This is why he encourages the adoption of the Criminal Code in full, something that the government promised to do. According to him, police services – Christian Guth, juts like Patrick Stayton, salute the progress made by the anti-human trafficking Unit, despite the limited resources that are available -, need more training courses to adapt to the new faces of prostitution. : Things have become more complex than they were before, because networks are better-organised.”

Sex tourism, but not just...
Foreign sex offenders are the centre of media’s attention, but there are many more Asians who seek the company of minors, whether they be Cambodians, rich Chinese or South-Korean, who are very present in Siem Reap where clients can give from 1,000 dollars up for virgins, Patrick Stayton says. Westerners are indeed more easily targeted because they are more visible and a lot less protected than local clients, Chinese and Korean, from child prostitution, which is still socially tolerated in Cambodia.

Those crimes should not lead one to forget the many rapes committed on minors in Cambodia, i.e. supposedly, between 400 and 450, Christian Guth says. “I campaign for people to take more interest in the struggle against such crimes, without however neglecting sex tourism which children are sometimes the victims of, or trafficking and sexual exploitation.” The French advisor does not fool himself about the consequences of the global economic crisis which is starting to affect Cambodia and might well have a social impact on the country too: this will result in an increase in crime, drug consumption... and prostitution.

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The children of prostitution
If one were to list the deep causes of this evil in Cambodia, one should quote, according to Christian Guth – a former French police officer who advises Cambodia's Interior Ministry on sexual exploitation and child trafficking – poverty, the absence of education, the weakness of the judicial and police systems, the lack, sometimes, of international cooperation or the slowness of international procedures. For Patrick Stayton, a Field Officer Director at the International Justice Mission NGO, children who end up in the prostitution milieu have, themselves of their parents, been fooled, but very often, they have been sold by their relatives.

Both experts agree on the fact that better cooperation can be observed today in Cambodia in terms of child protection, especially between the organisations involved in that struggle (three big networks have been created thanks to that) as well as with the government’s development projects.
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Crafting better care

Photo by: TOM HUNTER

The Phnom Penh post

Written by Tom Hunter
Friday, 20 March 2009

Caregivers light candles as part of the final day of a speech-therapy training program on Thursday in Kandal province. The Caritas Centre for Child and Adolescent Mental Health (CCAMH) has held three workshops over six months as part of a program funded by the Singaporean government.

Full Story

S21 child barred as civil party

The Phnom Penh Post

Written by Georgia Wilkins and Neth Pheaktra
Friday, 20 March 2009

Judges deny alleged Tuol Sleng survivor legal status at tribunal

A MAN believed to be a child survivor of the notorious Tuol Sleng detention centre will not be allowed to represent himself as a civil party in the upcoming trial of Kaing Guek Eav, the prison's chief, judges ruled earlier this month.

Though more than 12,000 men, women and children perished at the camp, known as S21, under the Khmer Rouge regime, Norng Chunphal was lucky enough to hide in a pile of clothes when the last remaining prisoners were slaughtered.

The 39-year-old applied to become a civil party two days after the cut-off for applicants in February, and judges have now ruled against allowing discretion to his case.

"I am not very happy with this decision because I really wanted to be one of the civil parties in this case," Norng Chunphal told the Post.

"I was late to apply because I work in a rural area.... But I don't have any other choice except to be a witness, and I think I can participate in the trial to bring justice to the victims, especially the victims of S-21 prison in which my parents were detained and killed," he added.

Researchers located the child survivor only last month when newly obtained archival footage from Vietnam indicated that he, along with his brother and two others, were likely to be alive.

After the court's Victim's Unit denied his late application, lawyers for the survivor filed a motion to appeal the deadline.

"Yes, I believe it is unfair, but I believe that we would have had no chance whatsoever [to appeal or request a reconsideration], as they would have respected the discretion of the presiding judge," civil party lawyer Alain Werner said, who confirmed Norng Chunphal had been added to their witness list.

"... the judges, all along ... were extremely clear about the fact that they would not accept any application filed late.... So we do not want to fight a lost battle, and a request to include him as a witness was the best solution given the circumstances," he added.

"Practically, that will mean that his testimony will carry more weight. But, of course, he will not be entitled to reparation [as a civil party]. And that is unfair," he said.

As the only child to survive the prison, there was a significant push to include him as a party to the proceedings, with lawyers focusing on the issue at the initial hearing of the case in February.

According to the court's rules, the president of the chamber may, by special decision, extend or shorten the deadline. However a decision, dated March 11 but obtained by the Post Thursday, says that Norng Chunphal's reason for missing the deadline was not deserving of discretion.

"...considerable efforts were made by the ECCC to inform the public of the existing deadlines....Consequently, the trial chamber denies the motion," it said.

Though the decision is classified "public", it has not been posted on the ECCC website.

Youk Chhang, director of the Documentation Centre of Cambodia, whose researchers led the hunt to find the surviving children, said he was disappointed with the decision.

"He put his application in late. It is not his fault but it is the law," he said.

"This will hopefully serve as a case to improve the current procedure of reaching out to what is the most vital audience - victims in remote areas," he added.

The substantive part of Kaing Guek Eav's trial, the first at the war crimes court, begins on March 30.

Though Norng Chunphal has been added onto the civil parties' witness list, it is up to judges as to whether or not he will be called upon during the trial.

MPs urged to act on MDGs

Photo by: HENG CHIVOAN
Parliamentarians were given their first briefing on Cambodia’s progress towards achieving its MDGs on Thursday at the National Assembly. The Assembly is shown here in a file photo, from its first day in session last year.

The Phnom Penh Post

Written by Khouth Sophak Chakrya and Robbie Corey-Boulet
Friday, 20 March 2009

At a forum detailing gains and gaps, UN officials tout the ‘unique role’ of parliament in promoting development goals

LAWMAKERS must ramp up their involvement in Cambodia's effort to achieve the Millennium Development Goals (MDGs) if all targets are to be met by 2015, particularly in light of the escalating economic crisis, UN officials said during a forum held Thursday at the National Assembly.

The MDGs, which cover everything from poverty to environmental sustainability, were created for developing countries in 2000. They were localised in Cambodia in 2003, with final targets set for 2015.

Thursday's forum marked the first time lawmakers received an extensive briefing on MDG progress, which was provided by Douglas Broderick, the UN's resident coordinator. More than 100 parliamentarians, UN officials and NGO workers attended.

In his remarks, Broderick expressed concern that the economic crisis could potentially derail the entire effort, a point echoed by other UN officials.

"Because of the economic crisis, there is a risk that we're going to get off track," said Susan Cowley, senior parliamentary adviser for the United Nations Development Program (UNDP).

For this reason, she said, officials throughout the region are looking to engage with a range of parties that so far have had little to do with the MDG effort.

Until now, she said, "Parliamentarians have been some of the stakeholders that haven't been challenged to get involved."

Parliament and the MDGs
Broderick said lawmakers have "a unique role to play" in helping Cambodia achieve the MDGs and urged them to promote legislation that would advance the goals and ensure that MDG-related programs are run efficiently.

The forum included a presentation from Nerissa Corazon Soon-Ruiz, a Filipino politician who chairs a parliamentary committee devoted to the MDGs. As she described her experiences in the Philippines, she stressed the importance of developing a legislative framework that would facilitate the MDG effort.

"Without it, it will be a long shot to meet the MDGs, if not totally impossible," she said.

There is no comparable MDG-centred legislative commission in Cambodia. Responsibility for individual targets was delegated to pre-existing commissions.

Soon-Ruiz said the lack of awareness about the MDG effort among parliamentarians in Cambodia and elsewhere could impede progress.

"The awareness of the MDGs among many legislators is not yet sufficient," she said. "Probably half of you came over today thinking, ‘MDG? What is that? Is that like ABC? DEF? MDG?'"

Cowley said she believed the awareness of some Cambodian parliamentarians was high, particularly those involved in gender rights and health issues.

As for the group as a whole, she said, "I think it's a continuing process to reach out to MPs and provide them with more information, particularly about where we are now."

Thoam Bun Sron, a Funcinpec senator and vice chairman of Senate Commission 7, dealing with education, youth and sport, said he believed parliamentarians would, as a result of the forum, "urge the government to increase its effort to reform the public administration" in a manner that would promote the goals.

Khloth Tongphka, a Funcinpec senator and chairwoman of Commission 8, dealing with health, social work and women's affairs, said a collective effort would be necessary to meet the goals.

"We need to demand that all the authorities and people join together to accomplish this," she said.
Cowley, too, described this type of heightened involvement as essential.

"If everybody doesn't pull together right now, 2015 is just a pipedream," Cowley said.

Broderick took a more optimistic line, saying, "The goals are ambitious. But they are also achievable."

Gambling raids to increase for New Year

The Phnom Penh Post

Written by Kay Kimsong
Friday, 20 March 2009

THE Ministry of Finance is to take measures to strengthen and maintain the ban on all forms of gambling during next month's Khmer New Year holiday, with officials saying that all sports gambling, slot machine and lottery businesses will be eradicated for good, a ministry official said Thursday.

"We will ask police in each city and province to crack down on all gambling during the Khmer New Year, even small-scale gambling," Chea Peng Chheang, a secretary of state at the Finance Ministry, said Thursday.

He said that in the run-up to the New Year holidays, the ministry would issue an announcement banning gambling in provincial towns and remote areas, where many traditionally gather for the holiday.

"I know that during the upcoming New Year some gamblers may hide somewhere to gamble," he added.

Police from across the country have raided local betting clubs in line with Prime Minister Hun Sen's February 24 order banning all forms of gambling. Last Saturday, police in Russey Keo district arrested 41 patrons and two club owners after a raid on two sports clubs in Svay Pak commune.

"A gradual crackdown is still in place and provides a warning to those [gamblers and employers] who choose to be stubborn and ignore the ban implemented by the prime minister and City Hall," Song Ly, head of Phnom Penh's Minor Crimes Division, said Monday.

Since the onset of the ban, local media have reported that about 8,000 jobs have been lost in the industry, which previously brought in more than $20 million per year in licensing fees, including $1 million from Cambo Six. The sports betting operator last week announced losses of $12 million and aims to seek government compensation.

But Chea Peng Chheang said the government had strong intent to ensure the ban remained in force since the social effects of the ban outweighed the money earned from gambling taxes and licencing fees for betting and slot machine operators.

Phnom Penh Deputy Governor Mann Chhoeun said similarly that City Hall was optimistic that the ban - on all forms of gambling - would continue to be enforced during the New Year. "Now that Cambo Six is dead, it will not be difficult to ban other activities, including fireworks," he said, adding that police would not arrest gamblers, but that they would be held in custody for the three days of the New Year.

He said that the order would be indefinite since it had improved most people's lives and enjoyed wide support.

"People have called and reported to us if there are illegal activities. It has been a successful order," he said.

But Preah Sihanouk provincial Governor Spoang Sarath said that for this year's celebration it might be hard for authorities to crack down on small-scale village gambling.

However, Sam Rainsy Party lawmaker Yim Sovann was pessimistic about the ability of the government to eradicate gambling in the whole Kingdom. "Many directives made by the prime minister have failed," he said.

Teachers say PM's claims dubious

Photo by: SOVANN PHILONG
Students in a Phnom Penh school classroom on Thursday.

The Phnom Penh Post

Written by Sam Rith
Friday, 20 March 2009

At an education summit Wednesday, Hun Sen said he did not have the budget to raise the salaries of teachers; teacher associations say the money could be found if the PM wanted to

TEACHER associations criticised Prime Minister Hun Sen Thursday after he said at an education summit that he could not raise teacher salaries, though he really wanted to.

"I would like to inform you ... those who are in charge of education ... I really want to raise your salaries but our budget is limited," Hun Sen said during concluding remarks at the National Education Congress Wednesday, which was attended by teachers, NGO members and development partners.

"And where should we find the money [to raise salaries]?" he asked, adding that now the world's economy was slowing down, the people who used to have incomes are losing them.

"When a salary is raised, it has to be raised forever," he said.

However, Rong Chhun, president of the Cambodian Independent Teachers' Association, said the government today would have no problem raising teacher salaries, which he believed should be lifted to 800,000 to 1,000,000 riels (US$200-$250) a month for a suitable living standard.

"I think the government has enough money to raise teachers' salary and would do so if the prime minister wanted to raise teachers' salary to a suitable standard of living," he said.

He said the money could come from tax collecting, eliminating corruption or simply wasting less money on the delegation that usually accompanies the prime minster at such ceremonial events.

"As far as I know, each delegate receives 2,000,000 riels plus expenses on gasoline when they accompany the prime minister to inauguration celebrations or other missions," Rong Chhun said.

He added that Cambodia currently has over 100,000 teachers working throughout the country, and that "93 percent of them have to have another job on top of teaching in order to support their families".

According to the association president, primary school teachers currently get paid 100,000 riels, lower secondary school teachers around 200,000 riels and upper secondary school teachers about 250,000 riels.

A recent report conducted by NGO Education Partnership claimed that 99 percent of them said a teacher's salary alone is not enough for them to live on.

The report stated that the Ministry of Education, Youth and Sport budget for 2008 was more than twice what it was in 2000: $508,865,000 compared to $209,246,000.

In the same period, teachers starting salaries are anecdotally reported to have increased from $20 since 1999 to $30 today.

"At present, salary levels make it impossible for teachers to afford the basic necessities ... and leave teachers with no other option but to seek other income generating activities," the report stated.

Thailand expels Khmer Krom asylum seekers: rights groups

The Phnom Penh Post

Written by Brendan Brady and Cheang Sokha
Friday, 20 March 2009

Rights workers say group was trucked out of Thailand after UN officials previously intervened to secure release of others

FOLLOWING the release Monday of 19 Khmer Krom refugees from a Bangkok prison, the seven remaining in detention were abruptly expelled from the country under suspicious circumstances, according to local rights activists.

Ang Chanrith, head of the Khmer Kampuchea Krom Human Rights Organization, said seven Khmer Krom political refugees were shuttled to the Poipet border crossing in Banteay Meanchey province in the middle of the night Thursday.

The original group of 19 Khmer Krom, who hold refugee documents from the United Nations High Commissioner for Refugees (UNHCR), were released after the UN office petitioned Thai officials to recognise them as legitimate asylum seekers, he said. Ang Chanrith has been working on the case with UN officials in Bangkok and Phnom Penh.

Members of the group released Monday had contacted him early Thursday morning to warn of the departure of the seven left in detention, who were recent arrivals to Bangkok and therefore had not yet been registered with the UNHCR, he said.

"We are concerned they could be taken back to Vietnam," he said.

Escaping the past
Ang Chanrith said all 26 people had fled Vietnam after they feared imprisonment at the hands of authorities there following public demonstrations against limits on their freedom of culture, religion and speech.

Rights groups and Khmer Krom activists have accused the Vietnamese and Cambodian governments of engaging in a persistent and often violent campaign to stifle the rights and distinct identity of the Khmer ethnic group originating from what is now Vietnam's southern Delta.

Hun Hean, provincial police chief of Banteay Meanchey, said he had not heard about the incident, adding that between 100 and 200 illegal Khmer immigrants were turned over by Thai authorities at the border each day.

Suong Sopheap, a program officer with the Cambodian Women's Crisis Centre in Banteay Meanchey, said his staff had attempted to track the whereabouts of the group without success.

"We have staff remaining in Poipet who are continuing to monitor the situation," he said.

Christophe Peschoux, head of the UN High Commissioner on Human Rights in Phnom Penh, said his office was following the case but had not been in contact with the group.

"It's a very tricky situation for Khmer Krom in Cambodia," he said. "Even if the government gives them citizenship, if they agitate from Cambodia it could create tension between the Cambodian and Vietnamese governments; and Cambodia could be pressured to prevent it or hand them over to Vietnamese authorities."

The government has said all Khmer Krom are entitled to Cambodian citizenship, but Khmer Krom activists and rights groups say their status as Cambodians is ambiguous and can be stricken at the whim of the state.

Mixed outlook for D&D reforms

Photo by: TRACEY SHELTON
A rundown police station in Prey Veng in this file photo. Government reforms aim at giving local authorities more control over budgets and decision-making, and more efficient delivery of services.

COMMUNE Divisions
- Total 11,353 seats in 1,510 communes
- Cambodian People’s Party 7,993 (70.4 percent)
- Sam Rainsy Party 2,660 (23.4 percent)
- Norodom Ranariddh Party 425 (3.7 percent)
- Funcinpec 274 (2.4 percent)
- Heng Dara Democratic Movement Party 1 seat

The Phnom Penh Post

Written by Sebastian Strangio and Vong Sokheng
Friday, 20 March 2009

May 17 will see the creation of new district and provincial councils designed to disperse power and improve the quality of local governance, as observers question if rhetoric can become reality

WHEN Cambodia's 11,353 commune councillors go to the polls on May 17 to elect members to the country's new district and provincial councils, they will put the final touches on a program of reform that will see a far-reaching restructure of local government.

But while the government's decentralisation and deconcentration (D&D) reforms have at times been obscured by the noisy routines of party politics, they have the ability - in theory, at least - to redraw the lines along which Cambodia's political battles are waged.

As a model, decentralisation involves the transfer of administrative duties to newly elected sub-national entities. Deconcentration, a related but distinct process, involves the delegation of power from the central government to its representatives at lower levels.

While observers and stakeholders interviewed by the Post agreed that D&D was a step into the unknown for Cambodia - a country with an engrained tradition of top-down rule - they voiced a variety of opinions as to how closely the reality of D&D would match the theory.

D&D took its first concrete steps in 2002, with the direct election of the Kingdom's 1,510 commune councils to be supplemented by the formation of similar governing bodies at the district, provincial and municipal levels following May 17.

Instead of the present centralised system, in which policy is determined by the line ministries in Phnom Penh and then delegated to provincial departments and district offices, D&D aims to create a "unified administration" at the sub-national level, allowing each council to create their own development plans and manage finances accordingly.

With the full implementation of the April 2008 Organic Law - the government's D&D blueprint - councils will function as an elected "parliament" at each level, matched by a board of centrally appointed governors and deputy governors - a rough analogy of the national cabinet - that will carry out its policies.

"Currently, it seems that all the implementation is done by the central level, not really by their own offices or departments at district level," said Ngan Chamroeun, deputy director general of the Ministry of Interior's General Department of Local Administration.

"We need to find a way to create a unified administration at the local level."

Mixed motives
However, predicting the benefits of such a complex reform is a challenging task, even for those closely involved.

Thida Keus, executive director of local rights group Silaka, which is involved with the reforms, cited both donor pressure and a genuine desire for reform as the motives for D&D.

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So far we can see that the process has increased, but the practice doesn't seem to have changed.
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General administrative confusion had crippled action on many pressing issues, she said, adding that a frequent conflict between national laws and ministerial prakas prevented effective implementation.

"The national government can make laws, but they cannot manage them because the local authorities are not collaborating, and there are players at the national level that have no accountability," she said.

Chith Sam Ath, executive director of the NGO Forum on Cambodia, said the D&D reforms could create a system that successfully balanced the power of governors with councils, but said the process should be more transparent and representative in order to avoid the creation of "political party councils".

"So far we can see that the process has increased, but the practice doesn't seem to have changed," he said.

"The importance is to bring the voice of grassroots concerns into the planning."

Local agricultural group CEDAC, which has worked since 2006 as part of anti-corruption NGO Pact International's Local Administration and Reform project, has been educating citizens in Kandal and Takeo provinces about the workings of commune-level government, with local officials reporting positive effects from the first stages of D&D.

"The main objective of the project is to improve the engagement between civil society, citizens and the commune councils," said Yi Kim Than, a CEDAC program officer based in Kandal.

He said that with the appropriate education - such as disseminating information about local government and holding public forums in which villagers can air grievances to commune councilors - CEDAC was able to help strengthen relations between officials and locals.

"People raise the concerns they are facing, and afterward the commune council tries to solve them," he said. "Sometimes the district governor also comes to meet the people."

The effectiveness of the more distant district and provincial councils would depend on education, Yi Kim Than said, but would depend also on the political will of CPP leaders, who may try to take credit for D&D-initiated state projects such as new infrastructure.

"How far the ruling party benefits from [D&D] depends on the knowledge and the awareness of the people," he said.

State vs party
According to some observers, this tension - between the centralised ruling party and the decentralised state - could well determine the success of D&D. Indeed, civil society groups have already argued that the "indirect" nature of the May elections itself runs contrary to the goal of more responsive government.

On February 26, local election monitor Comfrel issued a report slamming the indirect council elections as a "foregone conclusion", since members will almost certainly vote for their own party's candidates.

Stephen Ehrentraut, a researcher and consultant with experience in D&D issues in Cambodia, said similarly that the dominance of the CPP at all levels of government would block the further entrenchment of democratic norms.

Although he saw "encouraging trends" in those communes in which there were competitive local elections, he said the exercise of local power depended heavily upon the attitude of the CPP's central leadership.

"In the vast majority of communes in which the council and village chiefs are controlled by the ruling party, what is called decentralisation does not effectively devolve powers to lower levels of the state and contributes little to meaningful democratisation," he said.

The indirect May 17 elections, he added, were more likely to entrench loyalty to CPP rule than they were to democratise the political system.

Ngan Chamroeun said that although political scientists had documented the use of D&D as a way of legitimising undemocratic regimes in Asia, Africa and Latin America, the cost and effort of conducting elections based on universal suffrage in Cambodia would require the diversion of a large amount of funds.

"For direct elections selected by the people, where would we find the money? In this country, we need to spend money on a lot of other problems, like how to reduce poverty," he said. "[The commune councilors] are still the representatives of the people."

Amid conflicting claims for the reforms, Thida Keus said it was important to remember that D&D could very well be driven by a mix of motives, and that some recognition should be given to the government for initiating the reforms at all.

"We have to give some credit to them: They want to set up the structures for better management and better accountability, so services can better reach the people," she said.

"There are also positive forces within the CPP who want real reform. This is something that will help Cambodia manage social services and governance, and that should help contribute to better governance and better service to the people."

Intellectual disabilities in the spotlight at workshop

Photo by: TOM HUNTER
Singaporean ambassador Tan Yee Woan (right) tours the Caritas Centre Thursday.

The Phnom Penh Post

Written by Tom Hunter
Friday, 20 March 2009

Singapore-funded program offers training in caregiving skills

THE country's first speech therapy training program, aimed at improving care for children with special needs, concluded Thursday in Kandal province at the Caritas Centre for Child and Adolescent Mental Health (CCAMH).

In three workshops over a period of six months, 18 Cambodians from five local NGOs have received training in basic care-giving skills as part of a program funded by the Singaporean government and developed by the Speech Language and Hearing Association of Singapore.

"The first batch of caregivers has been trained to promote feeding and communication skills among children with special needs," said Um Thorn, Kandal's provincial health director.

Jegannathan Bhoomikumar, director of the Caritas Centre, said the nation's long history of war meant the government had traditionally stepped away from dealing with intellectual disabilities in favour of combating physical disabilities such as land mine injuries.

"It is time for Cambodia to look beyond the war and start tackling the root causes of brain injury," Bhoomikumar said.

The World Health Organisation estimates that between 2 and 4 percent of children in developing countries suffer from some form of intellectual disability, and that a quarter of those cases can be prevented.

Bhoomikumar said developmental disabilities are unusually high here due to a series of factors such as iron and iodine deficiencies, a high rate of tuberculosis meningitis and the fact that many mothers have children after they turn 40.

Keo Bora, a caregiver with children's NGO Goutte D'Eau, said the workshops had meant he could put into practice what he had learned and pass the lessons onto his colleagues.

"Before, I had no idea what to do if a child was crying," Keo Bora said.

"Now I can communicate and effectively feed the child."

CCAMH started work in 1995 and is the only establishment in the country that offers children with intellectual disabilities specialised services such as assessment, counselling, behavioural therapy, physiotherapy and speech therapy.

Governor embroiled in K Thom land fight

The Phnom Penh Post

Written by Chrann Chamroeun and Mom Kunthear
Friday, 20 March 2009

ABOUT 65 families in Kampong Thom province's Baray district have become embroiled in a dispute with the former district governor over 100 hectares of land that they say the official has stolen from them.

The families say Steng Sen district Governor Uth Sam On, who used to govern Baray district, has seized their land and their cassava harvest.

The governor says the land belongs to him and a group of local businessmen and police, and said he was being falsely accused.

Human rights group Licadho said it was not clear exactly who owned the land.

A representative of the families, Ouch Chanthorn, told the Post Wednesday that the governor had instructed 30 labourers and three policemen to block access to the land in Bak Thnar commune since March 11.

"Now [the labourers] have harvested more than two hectares of our cassava crop worth US$4,000," Ouch Chanthorn said.

Legal options
Uth Sam On confirmed that some police were present, saying they were part-owners.

He said he was the victim in the dispute, adding that he had documentation to prove that as Baray district governor in 1996 he had agreed that 10 people could clear the land and plant crops in exchange for him paying them 150,000 riels ($38).

Uth Sam On said a group of more than 20 people - including military police and local businessmen - had legal title to the site, which he said is 81 hectares.

He also said that only a few families were now farming the land.

"If they try to resolve this peacefully, I will be generous and give them a piece of land to farm," he said. "But if they remain stubborn I will file a complaint in court."

Ouch Chanthorn said the people had filed a thumb-printed complaint to the court asking it to intervene, but that the request had been rejected.

Licadho monitor Ek Sophea said the question of legal title was unclear, but his investigation had shown that the land was cleared in 1995.

Although the people did not have legal title, he said the governor might. He said Licadho would help them file another complaint to ensure the court investigated the case.

Article 30 of the Land Law of August 2001 states that any person who has "enjoyed peaceful, uncontested possession" of state private land since July 1996 or earlier may request ownership title to that land.

Authorities question hospital staff over Pailin mother's death

Photo by Samai (Koh Santepheap)

The Phnom Penh Post

Written by MOM KUNTHEAR and CHRANN CHAMROEUN
Friday, 20 March 2009

PAILIN police have questioned four obstetricians at the province's public hospital in connection with the death of a pregnant woman Sunday night, according to local human rights group Adhoc, which is assisting the woman's husband.

Vorn Yoeub, 37, died on Sunday night due to complications in labour, reportedly after obstetrics staff refused treatment unless her husband paid US$25 in fees. Her death prompted provincial Governor Y Chhien to order an investigation. The hospital has denied the allegations of negligence.

Adhoc coordinator Chhoun Makara said the provincial prosecutor in neighbouring Battambang province, which hears court cases for both provinces, instructed police in Pailin to interview hospital staff.

"I cannot assess what the result will be because the case is currently in the hands of the court prosecutor," he said.
"The victim's husband is not yet sure whether he will complain to the court - he simply asked us to help him find the reason why [hospital staff] refused to treat his wife."

Chhoun Makara said there were concerns that doctors and obstetricians at the hospital were more concerned about getting
paid the health service fee than taking care of patients.

"I don't know if that's because they receive low salaries, but we need the Ministry of Health to examine this problem," he said.

"And if the court doesn't seriously investigate and find out why treatment wasn't free, then it will be a waste of time."

Charges denied
The hospital's head of obstetrics, Luy Chantha, confirmed that the police had questioned her and three staff, and said she would rely on the hospital director to assist them in the event of a trial.

"They said we must tell the truth, but I don't know what to tell them. We didn't ask the couple for money and we gave them our best attention," she said.

"We didn't act in the way the husband said and we always help people, especially the poor. So I don't know how to answer this."

Battambang court prosecutor Koy Chanya said that he was still waiting on the police report and would make a decision once he received it.

Homeward bound

Photo by: Allan Michaud

The Phnom Penh Post

Written by Post Staff
Friday, 20 March 2009

A "white-rumped" vulture receives treatment by staff from the Wildlife Conservation Society in Phnom Penh before being released back into the wild. Several of these endangered birds were found poisoned this month in Stung Treng province.

SEZ growth slows as economic crisis hits

Photo by: KAY KIMSONG
The Phnom Penh Special Economic Zone, located 8 kilometres from the Phnom Penh international airport. Many of the country’s SEZ’s are feeling the effects of the slowdown, forcing delays.

The Phnom Penh Post

Written by NGUON SOVAN AND CHUN SOPHAL
Friday, 20 March 2009

With the global downturn hitting Cambodia’s manufacturing, the Kingdom's special economic zones are stalling plans for expansion, officials say.

DEVELOPERS and officials said Thursday that the global financial crisis has slowed the development of the country's special economic zones (SEZs), dealing a new blow to an already struggling sector.

Cambodia's 21 licensed SEZs had trouble attracting investment even before the economic crisis hit and officials say the recession could lead to delays or closures.

Larry Kao, managing director of the Manhattan Special Economic Zone in Svey Rieng province, said the facility is operating far below capacity.

"Before the crisis, there were six investors in the zone, but since the onset of the crisis, we have seen only one more large factory invest."

Located on the Vietnam border, it was expected to boost bilateral trade.

Development of the Manhattan SEZ began in 2005 and phase one has been completed, including a main road, sub-roads, public lighting, drainage and a water system.

The project is now going to phase two, which includes a commercial section.

He said that seven factories have been operating in the zone since 2006, employing 4,500 workers, producing bicycles, hardware, shoes, garments and wetsuits.

Kao said that development may have to be moved back by two years from the original target date of 2010.

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Our main problem is that there are no new investors in our SEZ.
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"Investment in the zone is moving slowly, but it is not at a standstill," he said.

"We planned to finish the development within five years, but due to the crisis, it could be up to two years behind schedule."

He said that the zone will be capable of housing 30 factories employing up to 15,000 workers.

Chieng An, governor of Svay Rieng province, said he expected Manhattan SEZ would be hit by the slowdown.

"Manhattan SEZ is a foreign investment, so it has branches internationally. It is inevitable that it will suffer from the crisis, and it's impressive that it has held up as well as it has."

Delayed projects
Duong Tech, general manager of Duong Chhiv Group, which is developing a US$100 million special economic zone in Takeo province on the border with Vietnam, agreed that the crisis will slow development.

"The master plan says we will complete the project by 2015, but due to the current crisis, it will take longer than that," said Duong Tech.

"Our main problem is that there are no new investors in our SEZ. If there are investors interested in the zone, we will speed up our development, but if there are no investors, we will be more hesitant."

He said that since receiving government approval in 2006, only 10 percent of the infrastructure has been developed.

Kong Triv, the owner of the SNC SEZ in Preah Sihanouk province, also said that the crisis has hurt development plans.

The SEZ received its licence in 2002 with an initial investment of $14 million on a 150-hectare plot.

"We have no plans to develop the special economic zone," said Kong Triv, declining to give additional details.

A senior official at the Council of the Development of Cambodia said that SEZ development has slowed, but that he expects a swift recovery.

"It is normal that a downturn will affect SEZs - there is always an impact on investors' budgets, but SEZs should focus on the long term to position themselves for a recovery," said a senior official in charge of Cambodia's Special Economic Zones, who asked not to be named.

"Currently, there are 21 special economic zones in Cambodia, but only six are actively being developed," the official said.