IFC to sign deal on investment fund soon

The Phnom Penh Post
Wednesday, 05 August 2009
Steve Finch

THE International Finance Corporation (IFC), part of the World Bank Group, said it will shortly sign a deal with Singaporean partners to set up a Cambodian-Laotian investment fund.

IFC resident representative Julia Brickell said on Monday by email that the deal should be signed in the coming quarter.

The IFC Web site states that the Singaporean partners that will manage the fund are Emerging Market Investments (EMI) Pte Ltd, a wholly-owned subsidiary of Emerging Markets Group Holding, and Aureos Capital Limited.

Joshua Morris, managing director of Phnom Penh-based EMI, said an agreement on the fund could be signed as soon as next month. He said investors are being sought for the fund, which has an initial target of US$20 million in capital. That could be extended to $30 million, added.

"Most of the fund would ultimately be targeted at Cambodia," Morris said, explaining that the difference in investment weight is due to Cambodia's larger economy. He would not provide the identities of other investors before an agreement.

The IFC's Web site disclosed that it will invest up to $4 million in the fund, which will target small and medium-sized businesses in both countries "with a preliminary focus on business services, agribusiness and microfinance".

It adds that the fund will be established in Luxembourg and registered in Singapore. The fund management will be based in Phnom Penh with a consulting company operating in Vientiane, it said.

Cambodian firm buys, dries maize for export

The Phnom Penh Post
Wednesday, 05 August 2009
May Kunmakara

Phou Puy, of the Cambodian Rice Millers Association, says his company is buying 500 tonnes of corn a day for sale to Vietnam.

A LOCAL company owned by the head of the Cambodian Rice Millers Association said it is buying up to 500 tonnes of maize daily from farmers in western Cambodia to dry for export to the region.

Phou Puy, the president of the CRMA and head of Bai Tang (Kampuchea) Co Ltd, said Tuesday his purchases are helping domestic farmers that have suffered from a lack of markets for their excess maize.

"I am buying between 300 and 500 tonnes of corn daily from two provinces, Battambang and Banteay Meanchey," he said. "This is the first time I have bought corn to dry and export to Vietnam."

Phou Puy said the price of corn is down sharply this year. Corn kernels are selling for around 4 baht (US$0.12) per kilogram, and corn on the cob for 2.5 baht per kilogram.

"Price fluctuations are normal in a free market, so we can't set prices, as it depends on demand," he explained Tuesday. "But the current low prices are hurting farmers' incomes because they spent a lot on their crops, but can only sell them for a low price."

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[The ministry] discussed with Vietnam to buy our corn, and we will take a delegation there shortly.
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A lack of sufficient capital means he is unable to buy the entire excess crop.

"So I am buying from them, drying the corn, and selling it to other businessmen who export to Vietnam for up to 6 baht a kilogram," he said.

"Then I use that money to buy more."

Heng Chamnab, a corn farmer from Ou Thom village in Battambang province with 50 hectares of land, told the Post on Tuesday that he has struggled to find a market for his crop.

"The price is much lower than last season - at that point we were getting 5 baht for a kilogram of corn on the cob," he said.

Heng Chamnab blamed the slowdown in the global economy for the lower prices experienced in Cambodia.

He said revenues are only slightly above his expenses, but that his sole option is to sell 20-30 tonnes of corn to Thai brokers at a low price.

"We had to pay 100 baht per kilogram for poor-quality seeds, or 150 baht for high-quality seeds," he explained. "Then there were costs of hiring labour, transportation and other input costs - however, this selling price is too low."

Ministry seeks markets
Mao Thora, a secretary of state at the Ministry of Commerce, said the ministry has been working to find new markets for agricultural products, most of which are sold to the Kingdom's neighbours.

"[The ministry] discussed with Vietnam to buy our corn, and we will take a delegation there shortly to seek trade partners," he said.

"We also want to deal with other nations, but many of them require the crops to meet certain standards, which is why we are forced to rely on the neighbouring markets."

Cambodia, Vietnam to open 6 new crossings

The Phnom Penh Post
Wednesday, 05 August 2009
May Kunmakara

ASEAN neighbours hail proposed crossings as steps towards increasing trade, investment.

CAMBODIA and Vietnam have agreed to open six new border crossings that serve citizens from other nations to boost trade and travel. Currently there is just one such gate at Bavet in Svay Rieng province.

Mom Sibon, a secretary of state at the Ministry of Public Works and Transport, said the agreement was reached last month during the visit of a delegation led by Vietnam's transport minister.

"These [new gates] will boost the economy at the border and cut the time spent by people looking to trade or travel," he said. "It will also help to reduce smuggling, which usually runs through small corridors."

Mom Sibon said Vietnam wanted to double the current limit of 150 vehicles per day that can cross between the two nations.

"But for now we have agreed to 150 vehicles," he said. "We will discuss the possibility [of increasing that number] later."

He said Vietnam wanted the six gates to be border crossings that allowed only nationals of the two countries to cross.

"But we proposed that we open them [to other countries' citizens] to facilitate trade and tourism," he said. "Because we are ASEAN members we don't need visas - we just use border passes."

Le Bien Cuong, commercial councillor at the Vietnamese Embassy in Phnom Penh, said the new crossings were part of the bid to boost trade between the two countries to US$2 billion by next year.

"Both governments have recently taken steps to strengthen relations and increase trade with their neighbours," he said. "The new border gates will attract Vietnamese investors to invest in Cambodia, and will assist Cambodian businesspeople looking to export to Vietnam."

He said total trade flows between the two nations reached $637 million in the first six months of this year. Cambodia's share totalled $95 million, most of which were agricultural products.

Mao Thora, a secretary of state at the Ministry of Commerce, welcomed the initiative as a boon for traders.

"The more border gates we open, the more we benefit," he said.

Local hopes for salad days on blooming lettuce farm

Photo by: Heng Chivoan
Workers tend to the various species of lettuce grown at Tek Sophea’s farm in Kien Svay district in Kandal province.

The Phnom Penh Post
Wednesday, 05 August 2009
Soeun Say

Young, Cambodian entrepreneur Tek Sophea, 29, says he hopes to expand his business – a farm growing seven international varieties of lettuce – by gaining official organic certification while persuading the domestic market that fertiliser-free salad is the financial future.

KANDAL PROVINCE

THE increasing international demand for organic vegetables persuaded 29-year-old entrepreneur Tek Sophea to investigate the Cambodian market for local possibilities.

In January, after a year of market research, he invested US$30,000 of his own money and set up the Green Organic Farm.

The farm currently grows seven types of lettuce and is based on 3 hectares of land in Kean Svay district in Kandal province near Phnom Penh.

The business started with 10 staff members, but Tek Sophea has since added seven.

His mission is, unsurprisingly, to convince Cambodia that organically grown produce is better than that which uses pesticides. In marketing-speak, it is his unique selling proposition, or USP.

"I want the Cambodian people to use organic products for their salads since they don't use chemicals," he says. "Importers supplying Cambodia's markets bring in vegetables from Vietnam and Thailand that have been grown using pesticides."

Tek Sophea learned his trade from personal research and with the help of a friend. He says it is not easy to grow vegetables organically, and that it is a job requiring determination and focus every day.

He admits that his young business lacks sophisticated technical and marketing skills, but says that over time the quality of its produce will improve, as will the number of clients.

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I am hoping that by next year I will be able to sell 1,000 kilograms a day.
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Another aspect of his marketing programme is to gain organic certification for his produce. Tek Sophea says the Cambodian Organic Agriculture Organisation (COrAA) visited his farm recently to assess his crop.

COrAA is a body set up by the government, NGOs and farmers to promote organic farming in Cambodia.

COrAA assessed that his crop is chemical-free, Tek Sophea said, and he hopes he will get organic accreditation by next month.

Green Organic Farm currently produces up to 250 kilograms of lettuce daily at a wholesale cost to his clients of around 2,500 riels ($0.60) per kilogram. Almost all is sold to clients in Phnom Penh.

"I am hoping that by next year I will be able to sell 1,000 kilograms a day - we just need to find more markets," he says.

The volumes he grows require him to import three kilograms of seed per month. The seven seed varieties he brings in all come from New Zealand.

The monthly cost of $400 for seed allows him to grow Romaine, Iceberg, Tango, LoLo Rossa, Danyelle Red, Salad Bowl and Blise. The varieties take between four and six weeks from planting to harvesting.

Once harvested, the lettuces are delivered daily to clients in Phnom Penh, ranging from Lucky Supermarket to Topaz Restaurant and the Champs Elysees Hotel. Other clients include local markets, and clubs, shops and hotels.

But the varied needs of potential clients mean that some decide against using his business.

"The reason is that we just didn't have enough quantity to meet the requirements of some clients, such as hotels, so we lost their trade," he explains. "They wanted to order several kinds of lettuce every day. If we had been able to deliver that, then they would have signed."

Despite current supply problems, Tek Sophea says expansion plans mean his business should be able to meet those demands by next year.

He is looking to increase the area under cultivation from 3 hectares to 10, and add other organic vegetables to his offering.

"That expansion will also ensure we are more profitable," he says, adding that he expects to be able to sell as much as 1.5 tonnes of lettuce and other vegetables daily.

That will also mean taking on more staff members, which is more of an undertaking than for most businesses.

Tek Sophea pays not just their salaries of between $70 and $150 a month, but also funds further education, including school or university fees, to improve their knowledge.

"I want them to go to school and university because I am Khmer and I want to help my people," he says.

Canadia Tower scheduled for end-of-year grand opening

Photo by: SOVAN PHILONG
Bank officials estimate that construction should conclude by year’s end, with bank staff to begin occupying lower floors in September.

The Phnom Penh Post
Wednesday, 05 August 2009
Steve finch

Executive Vice President Charles Vann says bank employees expect to begin occupying lower floors next month as tenants are sought for upper levels

CANADIA Tower is not expected to fully open until the end of the year, the bank's executive vice president said Monday.

Charles Vann told the Post that banking staff would likely move into the lower two floors in September, the original scheduled deadline for the 27-floor development.

"We will try to have it fully completed by the end of this year," he said, at which time there would be a grand opening.

Vann said that the economic crisis had not delayed the project, as it has numerous other construction developments in Cambodia when the downturn began late last year.

Overall, however, the project has been time-consuming, he said. In May 2005, Canadia started working on the foundations, the first stage, which required extensive work given Phnom Penh's infamously soft, riverside ground.

With the completion date just a few months away, Canadia Bank says it is now finding tenants for the tower.

Canadia is assessing potential clients to occupy shopping units on the first three above-ground floors, Vann said. It plans to select high-end retailers in a bid to maintain the tower's status as a luxury development - the structure will also features a helipad and a banking managers' clubhouse at its very top.

Questions still remain as to whether Canadia Tower will play any part in Cambodia's forthcoming stock exchange.

Architectural plans for the development allocate the second level to a trading floor, and Vann said that Canadia Bank would still be open to the idea of housing the fledgling bourse should the Ministry of Economy and Finance decide to locate it in the city centre.

South Korea's World City Co Ltd is finalising designs for a four-storey stock exchange building at Camko City on the outskirts of the capital, but that development won't be completed until the end of next year at the earliest, at least 12 months after Canadia Tower.

Should the government decide to house the exchange elsewhere, Vann said the space allocated at Canadia Tower can easily be converted to offices, which will make up the bulk of the tower - 11 floors in total.

The depressed property market should not unduly affect demand or prices for the tower's office and retail units, Vann said, which will be sold for US$18 to $25 per square metre.

Tropicana unhindered by economic slide

The Phnom Penh Post
Wednesday, 05 August 2009
Soeun say and Ith Sothoeuth

Suburban luxury villa complex in Kandal province is expected to finish by 2010, with a sister complex also under way

LOCAL developer K-Properties Co said Tuesday that construction is nearing completion on a new luxury villa complex in Kandal province despite the ongoing impact of the global financial crisis on Cambodia's development sector.

The multimillion-dollar project, Tropicana Residence in Kandal's Kien Svay district, includes 35 villas in a mixed-use residential and leisure complex on the outskirts of the capital, a company official said.

"We have invested about $4 million, and construction is nearly 90 percent complete," said Hang Naroth, K-Properties project manager, adding that early sales were promising and that construction was expected to wrap up in 2010.

Heng Naroth said there's steady demand for upscale suburban residences, particularly among people working for private companies in Phnom Penh and among government officials.

Tropicana's villas sell for between $100,000 and $180,000, and the 3-hectare complex includes a swimming pool, park, restaurant and convenience store, Heng Naroth said.

A second project, Tropicana Garden, is also in the works in Sen Sok district, with construction only partially complete and sales feeling the strain of the declining global economy.

"We have finished about 10 percent of the construction and have sold 10 percent of the units," Heng Naroth said, adding that a slowing economy has affected sales.

"Now, we're building only the units that have been purchased. We will build more as we find new buyers."

Trying to cut through haze of data on city’s air pollution

Photo by: Tracey Shelton
Masking the reality of pollution in Phnom Penh? A moto driver covers up.

The Phnom Penh Post
Wednesday, 05 August 2009
Johan Smits

Why do experts disagree on the quality of Phnom Penh’s air? And when the dust settles over the dispute, what can citizens do to help improve the situation?

Have you ever wondered how much time gets knocked off your life expectancy when you're stuck in Phnom Penh traffic, behind an antiquated truck spewing thick, black smoke into your face?

The answer, frankly, is that nobody really knows.

"We don't have any official information to release to the public yet," says Dr Tek Chheng Eap, Chief of Respiratory Medicine at the National Paediatric Hospital.

"Every time we seek information, they say [the situation is] not alarming yet."

"They" is the Office of Air Quality, Noise and Vibration Management, which sits under the Department of Pollution Control of the Ministry of Environment.

An official at the Office of Air Quality, who prefers to remain anonymous, assures us that "air quality in Phnom Penh is good".

To back up his claim, he shows us the monthly measurements of carbon monoxide, sulphur dioxide and nitrogen dioxide, which are all safely below international limits.

These measurements have been taken regularly since 2005, using passive samplers, which look like laboratory test tubes placed at roadsides.

However, there are only three in Phnom Penh and, as they do not technically collect ambient data, "the results obtained do not allow comparison to the WHO guidelines", according to a 2006 report on Urban Air Quality Management.

However, the same report notes that "despite the stations being on roadside, the concentrations still do not exceed international guidelines for ambient air quality".

Does that mean we can breathe a sigh of relief?

Not quite, because crucial data on TSP (total suspended particulates) and PM10 (particulate matter with a diametre equal to, or less than 10 micrometres) are not routinely monitored.

Photo by: Johan Smits
Dr Tek Chheng Eap.

Particulate matter was recognised as "the most harmful pollutant to human health" during a February presentation in Korea by Chanrithy Chuon, environmentally sustainable transport coordinator of the Ministry of Environment.

In addition, according to the 2006 report, "ambient concentrations of particulate matter appear to be very high, with likely severe impacts on the health of residents of Phnom Penh".

Tek Chheng Eap worries about the increase of traffic and its effect on respiratory illnesses.

"You can develop chronic bronchitis, asthma might be exacerbated, and respiratory infection, the main cause of mortality for children under 5, is a real danger," he says.

However, the Office of Air Quality official gives several reasons to support his belief that the city's air quality is under control.

Cambodia's industry is comparatively light, and he also believes there are fewer secondhand vehicles imported than before.

Furthermore, he claims that the quality of fuel has improved recently, and that many car owners have converted to liquefied petroleum gasoline, or LPG, because of the high price of petrol.

Finally, there is less use of wood and charcoal as energy sources for cooking stoves, and many roads have been paved, resulting in lower levels of dust re-suspension.

Yet, in his presentation, Chanrithy Chuon cited increased secondhand vehicle imports as one of the key transport issues, as well as poor information on fuel quality and the smuggling and adulteration of fuels.

He also listed the enforcement of vehicle inspection and maintenance regulations as an action point.

In terms of the use of wood and charcoal, a 2006 study by GERES (Groupe Energies Renouvelables, Environnement et Solidarites) found that people in the capital consume nearly 100,000 tonnes of charcoal annually.

While this may be less than before, it is still extremely high.

On a more positive note, road dust seems to be less problematic.

"We need to recognise the changes that have been made and also the effort to clean the roadsides; these are good signs," says Tek Chheng Eap.

The municipality is also planning to establish a Better Air Quality project. It aims to establish an institute to manage air quality in the city.

In the meantime, is there anything we as citizens can do?

Tek Chheng Eap says we can personally contribute to improving Phnom Penh's air quality.

"I think everybody has a role to play in helping reduce pollution, like avoiding using the car and trying not to travel during rush hour.

"I hope in the future there will be mass transport and fewer cars.

"There should be more efforts to improve green spaces in the city, and as for the power supply - if that's better, there will be less generators, which is a huge step."

Futsal tourney thrills crowds

Photo by: Eddie Carter
Gold Dragon and SVP teams play in a U16 boys qualification game on the street court in front of Battambang’s Nedyong High School, with the city’s famous Ta Dambang Kranhoung statue in the background.

The Phnom Penh Post
Wednesday, 05 August 2009
Sam Scweingruber and Eddie Carter

First-ever Hello Street Football Tournament showcases some hot prospects among young footballers, both male and female, in the streets of Battambang

BATTAMBANG'S first annual futsal, or street football, tournament, sponsored by Hello phone company, was held in Battambang over the weekend. The three-day event, climaxing Sunday, was a huge success, with visiting players from Phnom Penh and Banteay Meanchey, and special guests from the United States.

SALT Academy the Battambang-based event organiser, has established itself as the premier training facility for both girls and boys football in Cambodia. The organisation teaches players football and life skills, while also training many coaches and referees. In the past year, almost 1,000 players have joined the regular season, with games played over a five-month period from November to March.

Many of the children come from disadvantaged backgrounds and live in orphanages or other institutions. During the monsoon season, the league takes a break, and the leaders of SALT Academy, who worked for years on a way to keep the players involved in activities year-round, have found the perfect solution in the street football competition.

The venue chosen for the tournament was the street area in front of Nedyong High School, in the heart of Battambang town, just metres from the famous Ta Dambang Kranhoung (Grandfather Black Stick) statue. Officials praised the highly competitive play throughout the tournament.

The girls competition featured nine teams, with most containing one or two players from the United States. The tournament marked the beginning of the US girl players' two-week visit to Cambodia, to work alongside the SALT Academy to further develop women's football in the Kingdom.

Both girls semifinal games Sunday went down to the wire, with the matchup between Banteay Meanchey and TTA ending in a shootout victory for Bateay Meanchey, while Homeland v Aspeca was decided by a last minute winner for Homeland, leaving the more impressive-looking Aspeca in disbelief.

The girls championship game presented an even better showcase between Banteay Meanchey and Homeland. Although Homeland had two US guest players (Ellie Otteson and Michelle Camerer), it was their Cambodian girls who scored all the goals in a 3 - 2 victory. Huot Srey Mom, 15 years old and part of the U16 girls national team who played the first-ever competitive game in May this year, displayed great skill to net a brace, showing that girls football is as attractive to watch as the boys game.

Photo by: Eddie Carter
Double goal-scorer Huy Srey Mom (left) of the Homeland team shields the ball during Sunday’s girl’s final against Banteay Meanchey

Photo by: Eddie Carter
A Green FC player (left) takes a penalty during the shootout at the end of their Seniors semifinal match against EFC Key FC Sunday.

"The girls are much better than expected," admitted Otteson, after her team's triumphant final over Banteay Meanchey.

In the U16 boys competition, SVP and Aspeca demonstrated good speed and ability to win through their semifinals Sunday to face against each other later for the trophy. In the final, a questionable penalty early on awarded to SVP, and converted by Tang Rotankha, ruffled Aspeca's feathers enough for SVP to hold onto their slim lead to claim the title.

Players from thirteen U16 teams participating in the tournament seemed to relish the new experience of playing out on the road, and even rainy weather on Friday and Sunday didn't curb their enthusiasm.

In the U16 final, the Aspeca team emerged victorious, beating Nora FC 4-1, with Kiev Sokhan scoring two of the three goals, including a penalty kick.

The seniors semifinal match Sunday between EFC Key FC from Phnom Penh and the local Battambang side Green FC, would have made a worthy final, with both teams playing the fastest and most exciting futsal of all the 19 teams participating in qualification rounds. The teams were evenly matched, with Green playing at frenetic pace and EFC exhibiting tactical patience, and both demonstrated phenomenal passing.

This was a must-see game, and hundreds of spectators and supporters surrounded the field. EFC took the early lead thanks to Put Sotha, who not only scored many important goals for his side, but also stopped a large number of dangerous breakaways as the last defender. Green refused to panic, and good build-up play granted them an equaliser after the EFC keeper fumbled and allowed a shot to cross the line.

With the sides deadlocked at 1-1 at the end of regulation time, a penalty shootout eventually allowed EFC to advance after their keeper made a stunning block, and the following kick was converted.

In the championship game, EFC would prove to be too much for fellow finalists Youth Futbol Club from Battambang, picking them apart with precision and competence, with an aggressive two men up front, two men back flexed defence. EFC Team captain Long Nasy made fine plays from the back, setting up Ham Sokveng and Mol Makara to grab two each in the 5-2 victory.

At the final whistle, both teams shook hands and gave appreciation for each other's efforts, with the visiting team clearly having shown the advantage of having experience from a regular futsal competition in Phnom Penh. Fans also left the event satisfied, even though most of them had hoped the trophy and prize money sponsored by Hello phone company would stay in Battambang, rather than going with the guest team back to the capital.

Organised futsal is very new for Battambang, but the SALT Academy is aiming to promote its popularity with this annual tournament and other organised events, in conjunction with the Ministry of Education, Youth and Sports. The academy is also working with the Cambodian Football Federation to develop Women's Soccer in the Kingdom, and is hoping for many more opportunities for the girls to show off their skills in front of such large crowd numbers.

Cambodia goes 0 for 3

The Phnom Penh Post
Wednesday 05 August 2009
National Olympic Committee of Cambodia

Cambodian taekwondo athletes (from left to right) Chhoun Sarun, Som Elit and Chhoeung Puthearim pose with a Cambodian flag Sunday at the Indoor Stadium, Hua Mark, Sports Authority of Thailand Sunday before competing in the first Asian Martial Arts Games in Bangkok. All three of the Kingdom's competitors failed at their first hurdles. Chhoun Sarun was beaten 2-1 by Marc Arakilo in his finweight (50-54 kilogram) preliminary Sunday, Som Elit lost 4-1 to Rizal Samsir of Indonesia in the heavyweight (over 84kg) class quarterfinals also on Sunday, and Chhoeung Puthearim completed the misery with a 7-0 thrashing at the hands of Sangnarin Prapaporn of Thailand in the women's flyweight (47-51kg) preliminary Monday. Taekwondo is one of nine martial arts contested, with other disciplines including karate, muay Thai, kickboxing, jujitsu, judo, kurash, wushu and kung fu, and pencak silat. South Korea are currently leading the overall medals table with nine golds, four silvers and two bronze medals; Kazakhstan are in second, Japan third, hosts Thailand fourth and Pakistan fifth.

Cambodian activist Sochua VOA clip

ErinBrummett

Cambodian opposition lawmaker and women's rights activist talks to VOA's Erin Brummett.

Cambodian PM Wins Defamation Case Against Activist

Mu Sochua gestures in front of Phnom Penh Municipality Court in Phnom Penh, 04 Aug 2009

VOA News
By Luke Hunt
Phnom Penh
04 August 2009

In Cambodia, opposition lawmaker Mu Sochua has been fined $4,000 for defaming Prime Minister Hun Sen.

Mu Sochua, the former minister for women's affairs, sat quietly in the court Tuesday as the judge ruled she had defamed Hun Sen at an April news conference.

The suit was brought against her in a tit-for-tat action after she initially attempted to sue the prime minister, also for defamation, over derogatory remarks he allegedly made.

However, the court dismissed her suit. Many rights activists had expected Tuesday's ruling, as there is a history of political interference in Cambodia's judiciary.

Mu Sochua says that outside influence frightened lawyers away from taking her case and affected some of the court's rulings.

"If the court, the judiciary system in Cambodia were free, independent and impartial, my case should not even go to court. It's the case that I filed against the prime minister of Cambodia for defaming me that should have gone to court," she said.

She and human rights activists say the courts are being used to silence government critics, after a rash of law suits was brought against the opposition and civic groups.

"I think he feels I am too critical, I am too vocal and his aim is to destroy the opposition," she said. "I think it's about wanting to eliminate the voice of the opposition."

Mu Sochua originally served as a member of Prime Minister Hun Sen's Cabinet, but later left the government and now is a senior member of the opposition Sam Rainsy Party. The U.S.-educated social activist has long worked to help Cambodian women and children, particularly victims of human trafficking and the sex trade. She has been internationally recognized for her human rights work.

The Sam Rainsy Party has indicated it will pay the $4,000. Almost half will go to the state, the balance to the prime minister. Mu Sochua has one month to appeal the verdict.

Suits Red-Flagged Court’s Relation to Politics

By Men Kimseng, VOA Khmer
Original report from Washington
04 August 2009

In early April, when Prime Minister Hun Sen made an offhand comment about an unnamed woman in Kampot province taking off her shirt and rushing to hug a man during the 2008 general campaign, few people took notice. Several of his entourage snickered behind him and his speech went on as usual.

In fact, the prime minister’s remarks sounded to Sam Rainsy Party lawmaker Mu Sochua like a reference to an alleged assault she’d complained of in Kampot province, when she was a 2008 candidate for parliament.

At the time she alleged she’d had her blouse torn open after she accosted an official for campaigning for the ruling party in a vehicle with military plates; she further said she had been struck by a vehicle.

To Mu Sochua, Hun Sen’s remarks—for her, a clear reference to her campaign assault—which also mentioned a “strong-leg,” were derogatory. So later that month, she sued.

The suit and Mu Sochua’s request that the prime minister apologize gained the speech national attention. When Hun Sen countersued, the world took notice.

On Tuesday, Phnom Penh Municipal Court fined Mu Sochua 8.5 million riel, or $2,500, and demanded she pay Hun Sen 8 million riel, or $2,000, in damages. (Mu Sochua said she would appeal. Her demand for 500 riel in reparation had already been dropped by the court on the grounds the complaint lacked evidence.)

Along the way, human rights monitors closely followed the suit, expressing concerns that the principle of respect for women was being forgotten, as questions of politics in the courts persisted.

“Firstly, I am so sorry to hear that there is such a litigation, and secondly, I hope that in the future there will be real democracy in Cambodia,” Kek Galabru, president of the rights groups Licadho, told VOA Khmer by phone this week.

Mu Sochua, a Cambodian-American, said before the verdict Tuesday she was the victim of an insult devaluing Cambodian women and all women, but she said she still had respect for the prime minister.

“I respect Prime Minister Hun Sen, and to say that I had the intention to defame Hun Sen is totally wrong,” she told VOA Khmer by phone. “This shows that there is an intention to turn a victim into a perpetrator.”

In a recent public hearing, Hun Sen’s lawyer, Ky Tech, said the damages would be donated to an orphanage.

“My demand is to pay for various compensation and losses,” Ky Tech told VOA Khmer by phone. “The number is not restricted in the law. It depends on how big the damage is to our mind and heart.”

Meanwhile, political observers say the suit-countersuit was just the tip of an iceberg. There are many cases in which the governemnt is using the courts to silence critics, whether they are lawmakers or journalists.

“For some reason, Hun Sen, as powerful as he is, continues to look at people as a threat, and he seems to think that people like Mu Sochua and some journalists, somehow, threaten his hold on to power, and he over reacts,” said Brad Adams, Asia director for Human Rights Watch. “He is not showing political maturity.”

The government has denied the use of legal action to oppress dissenting voices.

“Filing a complaint to the court does not mean targeting the opposition or a demand for compensation,” said Phay Siphan, a spokesman for the Council of Ministers. “And using the court to provide justice is fair. When Mu Sochua filed against Hun Sen, why don’t we say she is trying to silence Hun Sen?”

Mu Sochua Fined in Defamation Case

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
04 August 2009

The opposition lawmaker Mu Sochua was fined more than $4,000 for defamation Tuesday, after a Phnom Penh judge ruled in favor of Prime Minister Hun Sen in a case that has heightened criticism of political bias in the courts.

Mu Sochua was ordered to pay 8.5 million riel, or $2,125, in fines to the state and 8 million riel, or $2,000, in compensation to Hun Sen, in a defamation countersuit against her.

Mu Sochua alleged in court and in public that the premier made derogatory remarks about her in the 2008 election campaign, by referring to her as a “strong-leg” in a speech.

“Today, the court could have been a light for justice,” Mu Sochua told reporters after the verdict was announced Tuesday. “The judge gave us darkness instead.”

Phnom Penh Municipal Court ruled that Mu Sochua had “defamed the long-serving premier when she tried to sue him.”

Mu Sochua, who says she was unable to find a representation after her first lawyer, facing defamation charges of his own, quit the case, said she would appeal the decision.

“I cannot accept such a conviction,” the Sam Rainsy Party parliamentarian said. “It has no justice, because political power mixed with the law in the decision. The court is not independent and neutral.”

The court’s decision was “on the order from a politician and turned the victim into a convict,” Mu Sochua said. The decision “does not stand on the law,” she said.

Government lawyer Ky Tech, once the president of the Cambodian Bar Association, said Tuesday the court had made “a fair and transparent decision.”

Land Rights Monitor Advises Against Violence

By Sok Khemara, VOA Khmer
Original report from Washington
04 August 2009

A man who claimed to be the victim of a land-grab told listeners on live radio Monday he would self immolate at the Independence Monument near the prime minister’s Phnom Penh residence if the prime minister could not find a resolution for him.

The man, who identified himself on the phone as “Saroeun,” from Svay Rieng province, said he had been a resistance soldier for the ruling party.

Saroeun said he lost 2 hectares of land to an unnamed three-star general and had waited 10 years for a resolution to his case. The general was powerful, Saroeun told “Hello VOA,” as a caller to a program about land rights, and no one was willing to go against him.

“If Samdech [Hun Sen] does not help me this time, I will buy 5 liters of gasoline to commit suicide at the Independence Monument, for the historical record,” Saroeun said.

Sia Phirum, the director of the Housing Rights Task Force, said as a guest on “Hello VOA” his group did not advocate such violent responses to Cambodia’s ongoing land crisis.

“This is a concern for us, as NGOs,” he said. “We always issue press releases to appeal to the government to make considerations in advance of forced eviction and make a strategy to find as much fairness as possible and get a win-win [policy] together,” Sia Phirum said.

Thousands of people have been victimized by the authorities, who have evicted them from their communities in the name of development, Sia Phirum said, noting that he was not against relocations.

“It’s normal for a country to develop, but there just should be a proper solution for the people,” he said, without elaborating.

Communities in Phnom Penh have been swept aside in neighborhoods like Dey Krahorm and Boeung Kok, as developers continue with plans for commercial and residential properties in a climate of lucrative land deals.

The displaced have found themselves living in communities remote from the center of the city, far from jobs, schools, electricity and other facilities. International donors and rights groups have called on the government to put an end to the forced evictions, which they say threatens stability.

Micro-Loans Decreasing in Slow Economy

By Ros Sothea, VOA Khmer
Original report from Phnom Penh
04 August 2009

Outstanding debt for microfinance loans dipped slightly in the first half of the year, with less people borrowing in a slow economy, according to a national group of microfinance lenders.

Outstanding loans were down at least $20 million for the first half of 2009, the first-ever decrease in nearly a decade, according to the Cambodian Microfinance Institutions Association.

That amounted to a decrease of about 4.4 percent, to about $426 million, according to the report, obtained by VOA Khmer. The number of borrowers also decreased by 400 people, the report found.

Huot Eang Tong, chairman of association, said micro-loans began to decline in early 2009, with less people borrowing as the global economic crisis took root in Cambodia.

“Less customers were looking for loans,” he said. “We could see that people were finding less income, their products couldn’t be sold and then they didn’t need capital to expand their businesses.”

Bun Mony, chairman of the Sathapana Microfinance Institution, said loans at his agency fell from $37.5 million in 2008 to $34.5 million in mid-2009.

“Since progress in the microfinance sector in 2000, this is the first time capital demand has fallen,” he said.

Microfinance lending plays a key role in the country’s economic development, providing small business owners with a means to improve or expand.

More than 1 million Cambodians use micro-credit schemes, borrowing less than $10,000, money that can make a big difference to the 30 percent of the population living below the poverty line.

The slowdown in lending forced the group Amret to implement restrictions in its lending procedures and limit the amount of loans to $40 million, about two-thirds of its previous $60-million cap, the institution’s general manager, Chea Phalarin, told VOA Khmer.

“With the realization that our economy is slowing down, money [lenders], such as families and banks, usually pay high caution with less confidence in providing loans,” said Chan Sophal, president of the Cambodian Economists Association.

Restrictions could hurt already low standards of living for the poor, but they also help financial institutions avoid risk.

While the number of loans has decreased, microfinance institutions did see a jump in deposits, which rose 16 percent in the second quarter of 2009 compared to the first three months of the year.

This could be because people would rather avoid risk in investment in businesses and would rather keep their money safely in accounts, Huot Eang Tong said.

Cambodia police, protesters clash after PM court win

Cambodian police (R) try to block Mu Sochua (C), lawmaker from the opposition Sam Rainsy party, and her supporters along a street in Phnom Penh. A Phnom Penh court ruled that Mu Sochua was guilty of defaming President Hun Sen for remarks she made during an April press conference
(AFP/Tang Chhin Sothy)

Cambodian supporters from the opposition Sam Rainsy party clash with police along a street in Phnom Penh. A Phnom Penh court ruled that Mu Sochua of the Sam Rainsy Party was guilty of defaming President Hun Sen for remarks she made during an April press conference.
(AFP/Tang Chhin Sothy)

PHNOM PENH, CAMBODIA - Cambodian police on Tuesday clashed with supporters of an outspoken lawmaker from the country's main opposition party after a court found her guilty of defaming Prime Minister Hun Sen.

A Phnom Penh court ruled that Mu Sochua of the Sam Rainsy Party was guilty of defaming Hun Sen for remarks she made during an April press conference, in which she also announced she would sue the premier for allegedly insulting her.

After Tuesday's ruling, opposition leader Sam Rainsy and Mu Sochua, along with dozens of her supporters, marched from the court through the capital, chanting, "Justice! Justice!"

Police attempting to break up the march clashed with a few protesters, grabbing, punching and kicking several of the loudest demonstrators, an AFP correspondent at the scene witnessed.

Most journalists and rights activists were banned from attending the brief hearing in which Judge Sem Sakola ordered Mu Sochua to pay 2,000 dollars in compensation to Hun Sen, who filed the suit soon after her April remarks.

The judge also ordered the lawmaker to pay a fine of 2,125 dollars to the state, but Mu Sochua told reporters that she did not accept the court's decision.

"The ruling is based on political motivation, not by laws," Mu Sochua said outside court.

"That was not justice. I made it very clear, I will continue to fight until justice is provided to me."

The Cambodian National Assembly stripped Mu Sochua of parliamentary immunity in June to clear the way for the controversial court proceedings against her.

Her lawsuit against Hun Sen was meanwhile dismissed in court.

International rights groups have expressed alarm over a recent spate of defamation and disinformation lawsuits lodged by senior Cambodian officials against government critics.

New York-based Human Rights Watch alleged Hun Sen's government aimed to silence political opposition and critics with a recent "campaign of harassment, threats, and unwarranted legal action."

Sam Rainsy was stripped of his parliamentary immunity in February after accusing Hun Sen's party of corruption during elections last year and then failing to pay a 2,500-dollar fine.

His immunity was later restored when his party eventually paid the fine.

Al Jazeera English: Cambodia opposition 'silenced' - 04 Aug 09

AlJazeeraEnglish

A Cambodian court has convicted Mu Suh-Kwor, an opposition MP for defaming Hun Sen, the prime minister.

Her case is the latest in a series of lawsuits and arrests against opposition voices.

Steve Chao reports.

Court fines Cambodian opposition member 16.5 million riel for slander+

http://www.breitbart.com

PHNOM PENH, Aug. 4 (AP) - (Kyodo)—A Cambodian court ordered an opposition lawmaker Tuesday to pay 16,500,000 riel ($4,000) after she was convicted of defamation in a case brought against her by Prime Minister Hun Sen.

Sem Sakola, presiding judge at the Phnom Penh Municipal Court, ordered Mu Sochua to pay 8,500,000 riel for defamation and 8,000,000 riel as compensation to Hun Sen as plaintiff.

The hearing against Mu Sochua was held July 24 but the verdict was not delivered until Tuesday morning.

Mu Sochua called it "unjust."

Her parliamentary immunity was lifted in late June to allow the charge to go forward in court.

She had lodged a defamation suit against Hun Sen in April, alleging he made degrading remarks about her in a speech.

Hun Sen countersued.

The Phnom Penh Municipal Court dismissed her lawsuit June 10 but continued Hun Sen's claim, a move slammed by the opposition Sam Rainsy Party as trending "toward a dictatorial regime" and "jeopardizing democracy" in Cambodia.

On Monday, the Hong Kong-based Asian Human Rights Commission issued a statement criticizing the Cambodian judicial system as unfair and politically biased.

The commission said Mu Sochua had not received a fair trial in July and the proceedings were aimed at ending her political career.

"Considering the flaw in the justice system and the scheme to end the political activities of the opposition Member of Parliament, the Asian Human Rights Commission holds that Mu Sochua is denied her rights to a fair trial by an independent, competent and impartial tribunal duly established by law," it said in a statement.

The group also said almost all the prosecutors and judges in the court were affiliated with Hun Sen's Cambodian People's Party.

Khieu Kanharith, minister of information and government spokesman, called the statement "groundless."

Online nationalism stirs Southeast Asia

http://www.upiasia.com/

By Mong Palatino
Column: Peripheries
Published: August 04, 2009

Manila, Philippines — The Internet is increasingly being used by many Southeast Asians for various nationalist campaigns. Even government leaders are maximizing cyberspace to promote unity and patriotism in their countries.

This trend is encouraging since it gives ordinary citizens the chance to express a sense of belonging to their larger communities. However, there are also ultra-nationalist online initiatives which prevent the formation of regional solidarity in Southeast Asia.

Perhaps the most controversial website in Indochina today is ilovethailand.org. This website was created by Thailand’s Prime Minister to uplift the country's international reputation. The website also aims to unite and inspire Thais, many of whom are already disgruntled with the squabbles between the country’s major political forces. But the website has sparked controversy because it claims that parts of Cambodia are Thailand’s “lost territory.”

Cambodia and Thailand have been disputing the ownership of the ancient Preah Vihear Temple for several decades already. This territorial dispute has led to several violent skirmishes between the border patrols of the two neighboring countries.

Many bloggers have expressed disappointment that the Thai government has chosen to unite the country by provoking conflict with other nations in the region. They believe netizens should not advance this wrong version of nationalism.

As expected, the Cambodian government has filed a diplomatic protest over the creation of this website. It also led to the formation of a pro-Cambodia website: ilovekhmer.org. This website aims to expose the false statements which are allegedly found in ilovethailand.org.

Both websites, ilovethailand.org and ilovekhmer.org, have become very popular web portals in Thailand and Cambodia. While it is positive that the two countries have brought their border dispute into the cyber arena, it is unfortunate that this virtual war has also fueled racist sentiments in the two countries.

The Malaysian prime minister is another leader who has seen the potential of using the Internet to achieve unity in society. Aside from blogging and tweeting his everyday activities, Prime Minister Najib Abdul Razak has launched 1Malaysia.com.my to serve as an “interactive platform” between the leader and his constituents. “1Malaysia: People first, performance now” is the campaign slogan of the prime minister.

Meanwhile, pro-democracy activists in Malaysia have launched their own cyber campaign with the theme “1BlackMalaysia: Democracy first, elections now.” They believe the new leader has undermined the democratic institutions of Malaysia. Early this month, the group set up Facebook and blog pages encouraging Malaysians to create and upload “Where is democracy?” placards in the web.

Indonesia has proven that a national tragedy can unite netizens. Hours after the deadly blasts hit Jakarta last month, Indonesian twitterrers started sending “We're not afraid” tweets. For several days, the #indonesiaunite hashtag became the most active trending topic on Twitter. Users of Plurk and Facebook changed their avatars by adopting the red and white symbols of Indonesia’s flag. Local bloggers discovered the convenience of using microblogging sites to inspire people to action. Analysts were impressed that apolitical young Indonesians joined other concerned Indonesians in condemning the Jakarta terror attacks.

Filipino plurkers collected donations for Mindanao flood victims through paypal early this year. To show support for the ailing former president of the country, Twitter users added yellow twibbons in their profile pictures. Online petitions against the proposal to amend the country’s 1987 Constitution gathered hundreds of thousands of signatures and supporters, especially on Facebook.

Filipino activists have been successful in launching virtual campaigns that have further damaged the credibility of the incumbent president. A high-ranking government official once noted that the president has lost the media battle in cyberspace.

There is a vigorous campaign and lobby effort to push for more Internet freedom in Vietnam. Web campaigns showing support for Myanmar’s opposition icon Aung San Suu Kyi are numerous. Brunei bloggers have organized various fundraising activities for the benefit of sports teams, students and environmental groups.

The cause of nationalism is a popular but controversial theme on the Internet. Politicians and anti-government groups in Southeast Asia have been consistent and persistent in maximizing the Internet to advance nationalistic activities. This web phenomenon is positive in so far as it expands and improves the political participation of ordinary citizens. But it is counter-productive when it produces racism and xenophopia.

It is also distasteful when politicians use the web to hide their misdeeds by launching pseudo-nationalist advocacies. The Internet remains a great tool and platform for sincere individuals and groups to promote serious topics like nationalism. Netizens in the region should not allow bigots and tyrants to bastardize and defeat the radical potential of the worldwide web.

--

(Mong Palatino is a politician and activist from the Philippines. He is a Member of the Philippine Parliament representing the youth sector. He is Southeast Asia editor of Global Voices Online. He blogs at www.mongpalatino.com. ©Copyright Mong Palatino.)

There Are More Than 220,000 Clients of Sex Services in Cambodia – Tuesday, 4.08.2009

Posted on 4 August 2009
The Mirror, Vol. 13, No. 624
http://cambodiamirror.wordpress.com/

“Phnom Penh: Expert AIDS officials in Cambodia said that there are about 220,000 people who buy sex services in Cambodia, corresponding to 6% of the male population between the ages of 15 and 49.

“The deputy director of the National AIDS Authority of Cambodia, Mr. Tea Phalla, said during a training course to educate ‘Friends Educate Friends’ teachers on 3 August 2009 at the Ministry of Interior, ‘According to the observation of sex services in Cambodia, there are 220,000 clients of these services, corresponding to 6% of the male population between the ages of 15 and 49.

“Mr. Tea Phalla added, ‘In the last ten years, AIDS prevention has been a success, because police helped with this task.’ He went on to say that people selling sex services are afraid of the police, promoting the policy of the Royal Government of Cambodia to practice 100% condom use.

“He added that 14% of 400,000 men have girlfriends and sex partners besides their wives. ‘According to another observation, there are about 20,000 men seeking sex services each night in Cambodia at present.’

“Mr. Tea Phalla continued to say, ‘20% of the prostitutes use drugs, and it is hard to educate women who sell sex services not to use drugs.’

“The director of the AIDS Secretariat of the Ministry of Interior, Mr. Pen Vibol, said during the training, ‘Condom use increased after the ‘Friends Educate Friends’ program had been created. We are proud of our efforts.’

“Mr. Pen Vibol added, ‘AIDS is still a hot and worrying problem in Cambodia; as for AIDS prevalence in Cambodia, compared with neighboring countries in Southeast Asia, Cambodia has a higher rate.’

“The deputy director of Family Health International in Cambodia (FHI), Mr. Song Ngak, said, ‘FHI wants to see also that educational activities to prevent AIDS are included into the training school of national police of Cambodia.’

“He added that AIDS reached Cambodia in 1990s, in 1991 there were people confirmed to have HIV, more people which had been infected with AIDS were found in 1993, and the highest rate of AIDS infection occurred in 1996 and 1997.

“He added that people who died of AIDS from 1998 to 2002 did not receive treatment services as Cambodia did not have such possibilities at that time.

“Mr. Song Ngak continued to say that, ‘In 2007, approx. 3.1% of national police were infected with AIDS.’

“The head of the Medicine Management Office and director of the AIDS Program of the Ministry of Interior, Mr. Hy Samet, said, ‘The AIDS Secretariat of the Ministry of Interior trains ‘Friends Educate Friends’ teachers to have skills in educating about AIDS and about sexually transmitted diseases, and to promote the health of the national police forces, in order to contribute to reduce HIV and AIDS infections in Cambodia.’

“Mr. Hy Samet stated that the ‘Friends Educate Friends’ training course will take five days, with 26 trainees, from seven provinces and cities.”

Deum Ampil, Vol.3, #253, 4.8.2009
Newspapers Appearing on the Newsstand:
Tuesday, 4 August 2009

Cambodian lawmaker found guilty of defaming PM

Tue Aug 4, 2009

PHNOM PENH (Reuters) - A Cambodian court ordered an opposition lawmaker to pay $4,100 in damages on Tuesday for defaming Prime Minister Hun Sen, provoking fresh concerns the government is using the judiciary to suppress its detractors.

The Phnom Penh Municipal Court ruled that Mu Sochua of the Sam Rainsy Party had defamed the long-serving premier when she tried to sue him over comments he made about her conduct during last year's election campaign.

Critics said the ruling reflected Hun Sen's determination to use the courts to muzzle the opposition.

"That was not justice in the courtroom. It was totally political," Sochua told reporters, who were banned from attending the court session.

"I will continue to fight until I get justice. Today, the court could have been a light for justice. The judge gave us darkness instead."

Sochua, who was nominated for the Nobel Peace Prize in 2005 for her work against the trafficking of women in Cambodia, and another lawmaker, Ho Vann, were stripped of their legal immunity last month and lost their seats in parliament as a result.

Vann is accused of spreading false information and faces three years in prison.

Newspaper editor Hang Chkra is serving a one-year sentence in Phnom Penh for writing about alleged government corruption. An opposition activist, Moeung Sonn, fled the country in June after being given a two-year sentence for questioning a lighting system at the famed Angkor Wat temple complex, the country's biggest tourism draw.

Another opposition newspaper shut down after 10 years of publishing to avoid government legal action.

Sara Colm of New York-based Human Rights Watch told Reuters on Tuesday: "This is the most serious crackdown on freedom of expression in years. The space for opposition media and peaceful dissent is rapidly shrinking."

"These lawsuits are a clear attempt to harass the opposition and prevent members of parliament from exercising free expression."

Colm urged donors, who provided nearly $1 billion in aid last year, to make the government aware of their concerns.

"Donors -- particularly those who have funded judicial and legal reform -- need to take a firm stand," she said.

Human Rights Watch also called for an end to using the judiciary as a tool to silence government critics.

Sam Rainsy, leader of the country's largest opposition party which carries his name, said the court ruling had drawn attention to Hun Sen's attempts to intimidate his opponents.

"It may be a judicial defeat, but it is a moral and political victory for us as the opposition," he said.

Hun Sen, a former Khmer Rouge guerrilla, criticised rights groups and foreign diplomats last month for interfering in Cambodia's affairs after they voiced concern about the removal of lawmakers' parliamentary immunity.

He has dominated Cambodian politics for more than two decades and won a landslide election victory in July last year.

Cambodian MP guilty of defamation

Mu Suh-Kwor was stripped of her legal immunity and lost her seat in parliament [EPA]

Al Jazeera

http://english.aljazeera.net/

Tuesday, August 04, 2009

A Cambodian court has ordered an opposition member of parliament to pay $4,100 in damages after finding her guilty of defaming the country's prime minister.

A municipal court in the capital Phnom Penh ruled on Tuesday that Mu Suh-Kwor of the Sam Rainsy Party had defamed Hun Sen when she tried to sue him over comments he allegedly made about her conduct during last year's election campaign.

Critics have said the ruling reflected Hun Sen's determination to use Cambodia's courts to silence opposition critics.

"That was not justice in the courtroom. It was totally political," Suh-Kwor told reporters, who were banned from attending the court session.

"I will continue to fight until I get justice. Today, the court could have been a light for justice. The judge gave us darkness instead."

In early April, Hun Sen referred to an unnamed politician as a "strong leg," a term seen by some in Cambodia as offensive to women.

Mu Suh-Kwor has said the speech referred to her. She also denounced his remarks in another speech.

The court rejected her lawsuit in June, saying that it was groundless, but it moved ahead with the prime minister's countersuit.

Suh-Kwor, who was nominated for the Nobel Peace Prize in 2005 for her work against the trafficking of women in Cambodia, and Ho Vann, another politician, were stripped of their legal immunity last month and lost their seats in parliament.

Vann is accused of spreading false information and faces three years in prison.

Hun Sen has said rights groups are interfering in Cambodia's affairs [GALLO/GETTY]

Government crackdown

Suh-Kwor's case is the latest in a series of lawsuits and arrests targeting opposition voices.

Hang Chkra, a newspaper editor is serving a one-year sentence in Phnom Penh for writing about alleged government corruption.

In June Moeung Sonn, an opposition activist, fled the country after being given a two-year sentence for questioning a lighting system at the Angkor Wat temple complex, the country's biggest tourism drawcard.

Another opposition newspaper shut down after 10 years of publishing to avoid government legal action.

In June, the office of the UN High Commissioner for Human Rights in
Cambodia and the New York-based Human Rights Watch criticised the lawsuits against the politicians.

In a statement, the UN said the lawsuits undermined the constitutional freedom of opinion and expression.

Human Rights Watch said that Hun Sen had "a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession".

Last month, the prime minister, a former Khmer Rouge fighter, criticised rights groups and foreign diplomats for interfering in Cambodia's internal affairs after they voiced concern about the removal of Suh-Kwor and Vann's parliamentary immunity.

Hun Sen has dominated Cambodian politics for more than two decades and won a landslide election in July last year.

Is Duch’s trial making small steps forward or has it come to a standstill?

Phnom Penh (Cambodia). 04/03/2002: Cell numbers in former Khmer Rouge detention centre S-21
©John Vink/Magnum

Ka-set
http://cambodia.ka-set.info/

By Stéphanie Gée
04-08-2009

The hearing on Monday August 3rd hardly contributed to enlighten the tribunal. The first witness to appear left the feeling of a complete loss of time due to the thinness of his testimony. One failed to understand why some witnesses were called to the stand when they had nothing to say and why the prosecution, who suggested their names, did not attempt to demonstrate the interest in calling them to testify. The former S-21 staff member who succeeded him proved to have a better memory and was subjected to many questions which were thought to have been exhausted already… As for the accused, he relished noting the contradictions in their statements and gladly made reservations, in the lack of evidence proving they belonged to the staff under his direction.

A witness with limited memory and knowledge
Sek Dân, a 48-year-old dark-skinned farmer, was unable to sit still on his chair. He writhed with nervousness, ill-at-ease. The president informed him of his rights and duties, but the new witness struggled to understand what they meant. Khmer Rouge militia men conscripted him in his village while he was still only a child, he explained in response to the judge’s initial questions. Sent to a children’s brigade near Phnom Penh after a short training, he “hauled soil.” He was not good at remembering dates. He said he was sent in 1978 to S-21, where he joined the caregivers and was assigned the task of distributing medication, mostly to prisoners, “under the supervision of an adult.” There were no girls in his team.

As for the accused, he only saw him from time to time and from a distance. “[Duch] was the big boss then and I did not dare to look at him in the eye.” The detainees he was led to care for essentially suffered from diarrhoea, fever, and bore wounds and bruises on their back and limbs, he reported, adding that “some of them no longer had any nails.” As for the medication he administered them, he failed to give any precise information: “medication for diarrhoea for those who had diarrhoea, medication to heal wounds…” He specified that their peculiarity was that they usually had a “rabbit dropping” shape and were black. He had no idea what they were made of but claimed these remedies were produced “locally,” only since 1975. What about their efficiency? “Some were efficient, others were not. Once, I ingested a handful of them because I was so hungry, but it had absolutely no effect on me…”

Based on the screams he heard at night and the information he heard from the prisoners he treated, Sek Dân found out very quickly that their wounds originated in torture sessions they were subjected to. “During the time I worked at S-21, many prisoners – hundreds probably – died of illness. […] We, the children in the medical staff and the doctors, were asked to take the bodies away and bury them close to the building […].” As for suicides, he was aware of that of his team leader, Yoeun, who hung himself, fearing a fate similar to that of his predecessor Paov, who was arrested on the same allegations: an injection error that had resulted in the death of a detainee. He had realised, without receiving any instruction saying so, that his mission was not to heal but “to keep the detainees alive only for the duration of the interrogation” because they would gradually “disappear.”

Duch’s suspicions
“Do you recognise the accused today?”, judge Lavergne asked him. “I see him in the courtroom,” the witness answered, prompting a little smile from Duch. “Are you still scared of him today?” “I am much older today and I am no longer afraid of him.” Duch smiled again. As for him, did he recognise the witness? No, he did not and he expressed doubt that he could have been a member of S-21 medical staff. He noted the inconsistencies in his story, chronological ones in particular. “His memory is often mistaken. Let me give examples of it. He said he was now 48 years old, which means he was born in 1961. Yet, to judge Thou Mony, he said he arrived at S-21 when he was 11 years old and he repeated that to judge Lavergne…” The accused concluded: “I would like new documents relative to S-21 staff to be found. Then, I could finally make up my mind on whether Sek Dân was a staff member or not. Maybe the co-Prosecutors can help us on this point…”

The prosecution in fault
Turn of the prosecution, who suggested this witness but failed to present any document proving his past functions at S-21, as for the previous witnesses they submitted to the Chamber. Yet, there exist, among others, surviving lists of certain units of S-21 staff but it seemed that the co-Prosecutors had not deemed it useful to use them…

Kambol (Phnom Penh, Cambodia). 03/08/2009: Sek Dân, lost and unsettled by questions and ill-at-ease in his role as a witness, during Duch’s trial
©Stéphanie Gée

The Cambodian co-Prosecutor came very quickly to one of his team’s favourite exercises: showing on the screen a photograph of Tuol Sleng today and inviting the witness to indicate on it the places he mentioned in his testimony. Once again, the witness got lost in this exercise. It may be useful to show first pictures of S-21 taken in 1979, which do exist, rather than presenting immediately a contemporary view of the site, somewhat transformed now. The co-Prosecutor was convinced his approach was right and said so, a tad emphatically: “We would like the witness to confirm this is the building where he used to work. For the purposes of the minutes and for future generations, it is important to mark this building, so we know if building ‘C’ was the one where the witness used to work.” Silence. Sek Dân did not react. The president intervened: “Co-Prosecutor, could you give us a hard copy of this photograph? The Chamber itself is struggling to follow you, not to say anything about the witness or the public.” Sek Dân’s lawyer confirmed. And Nil Nonn added, to make sure his remark was understood: “Please keep in mind that the witness has a limited knowledge… […] If your question goes beyond his understanding, we are going to lose time.” The co-Prosecutor was allowed to go next to the witness to help him make sense of the photograph. Then, to the surprise of all, he talked in a low voice with the witness. The president put an end to the procedural breach: “Co-Prosecutor, you cannot converse privately with the witness. You must simply indicate and explain things to the witness publicly, so that the Chamber and the public understand what you are explaining. Otherwise, one will have the impression you are influencing the witness.” The co-Prosecutor turned the microphone on.

The civil party lawyers were quick as, indeed, this witness’ interrogation brought hardly anything to the debates.

A witness who does not understand his rights and duties
Floor to the defence. One did no understand why the witness eluded some of Kar Savuth’s questions with “I do not wish to answer” while it was about returning to technical points of his story which, under no circumstances, incriminated him. But nobody intervened. Sek Dân was probably intimidated and struggling to understand what was going on, preferring to protect himself with a misunderstood right to remain silent rather than to repeat he did not understand the questions or did not know how to answer them.

Next was François Roux, Duch’s international co-lawyer, who also sought to highlight the contradictions in the witness’ story. Following the accused, he returned to the seeming inaccuracy in his birth date, which led to believe he was actually 14 and not 11 in 1975. “I am not very good at mathematics. I would prefer not to answer,” Sek Dân apologised awkwardly. After a second similar response, the French lawyer reminded him he could refuse to questions that may incriminate him, “but not other questions.” The witness then admitted he did not understand the question. The president also intervened, as didactically as possible, so that Sek Dân distinguished between the questions which he can refuse to answer and those he must answer truthfully. The witness struggled and made no secret of it. Nil Nonn then invited the witness’ counsel to clarify things for his client.

The defence doubts the veracity of the testimony
The lawyer resumed and sought to re-establish a consistent factual chronology. But the witness maintained his statement. In answer to his questions, Sek Dân said he recalled Paov was killed the year he arrived at S-21, that is early 1978, and his next group leader, Yoeun, hang himself before the Vietnamese troops arrived.

Again invited to talk, Duch maintained scepticism in relation to the statement he heard. He was careful to highlight first that Sek Dân was a farmer’s son with “limited” memory and education, before justifying his position: Paov was executed before 1978, he claimed forcefully. If Yoeun had killed himself, as the director of S-21, he would have known about it, which was not the case… “This testimony is plausible overall, but the points I raised make me doubt the veracity of the witness’ statements.” His hand on his heart, the witness confirmed he had worked at S-21 and added: “Those who were with me can prove it,” like a former guard named “Mith.” He was thanked for his statement. Half a day was lost.

New witness
Before the next witness entered the room, François Roux observed an “abnormality:” there was no French translation of his statement to the co-Investigating Judges while an English translation was made… since October 2007.

Kambol (Phnom Penh, Cambodia). 03/08/2009: Lak Mieung, a witness more at ease… in an oversized jacket
©Stéphanie Gée

Lak Mieung, a 52-year-old farmer, took his seat. He was recruited as a member of the militia in his commune in 1974 before becoming a soldier. Shortly after April 1975, he was sent to the technical military school of Takhmau, before being assigned to a unit as guard. Then, he worked at the main prison in the police headquarters in Phnom Penh, until the prison was moved to Tuol Sleng. After arriving at S-21, he became a guard on duty outside the cells and buildings, within the compound, according to a system of shifts, before being appointed as a typist to record the prisoners’ confessions and then, late 1978, an interrogator. The witness’ dark jacket hung off him and looked identical to that worn by Sek Dân and the other former S-21 staff members who succeeded before him at the stand. He visibly looked more relaxed than his predecessor and even dared to cast a glance to the side of the accused.

Used-up usual questions
In response to judge Ya Sokhan’s questions, he claimed he had seen Vietnamese prisoners “in great numbers,” maybe between 100 and 200, who arrived by trucks at S-21 “in late 1978” and for most, locked in collective cells in the North building. The judge did not fail to ask him how the prisoners were set in the cells, what clothes they wore, whether they had to request the guard’s authorisation to stand up, what food rations they received, how they washed, etc. Questions already heard dozens of times.

How one becomes an interrogator
Lak Mieung explained he did not learn interrogation techniques in a manual, but with an experienced interrogator who supervised him. He had to observe how the latter proceeded to extract confessions from prisoners and identify their networks. Under his supervision, he interrogated a dozen prisoners, then three or four on his own, before Phnom Penh was captured by the Vietnamese. But he said he did not remember the names of those he had to make confess. Also, he was not aware of the existence of teams assigned to the “hot,” “cold” or “chewing” methods. The witness said he only met Duch at the dining hall and the political school.

Duch’s phone calls
“I would receive the order to interrogate a prisoner by writing. It was my team leader, […] [who changed] at various periods, who transmitted me the order. I would receive a instruction letter and I would go and get the person in his cell and interrogate him.” The letter was signed by the team leader, but it did not have the name of the person who had written the text, Lak Mieung specified. When he had finished with an interrogation, Hor, Duch’s deputy, would come and ask him his findings. Then, he would present his interrogation report to his team leader, but never to the accused, because “you had to go through the chain of command.” No, he never received any annotated document asking him to continue an interrogation. Once he had reported a prisoner’s confessions to his supervisors, if any uncertainties remained, Duch would eventually call him directly on the phone to ask him further questions. “It happened,” the witness claimed, saying he was certain he could clearly recognise the voice of the accused at the time. Beyond the interrogation stage, Lak Mieung knew nothing about what happened to the prisoners, he claimed.

Violence against detainees, on Hor’s instigation
“Were the interrogators empowered to torture or did they have to request authorisation?”, the judge asked. “Violence against detainees was not authorised for ordinary interrogators like myself. We could possibly insult or threaten the prisoner, but we were forbidden from mistreating him physically.” Instructions received from the unit chief. “What if, for instance, a detainee did not give full confessions and torture was used against him. Who gave the order?”, Ya Sokhan continued. “In such cases, it was Hor who would personally come and see us and order us to take a stick [to hit the detainee].” As for Duch, he never exhorted him to resort to torture against any detainee, Lak Mieung declared. However, “during studying sessions, we were taught how to use torture during interrogations.” “Duch gave us these trainings, but he was not the one who ordered us to use torture in specific cases. He told us to start by talking about politics to obtain the confessions we sought. […] Most often, it was Hor who resorted to torture.” Aside from branches and electroshocks, Lak Mieung said he did not see other instruments or techniques or torture.

Lak Mieung says he recognised Sek Dân
As for the medical staff, he did not note any female member, but remembered seeing Sek Dân, who testified in the morning. He recognised his face, saying he had kept the memory of “teenage” members, and not children, in that team. “I knew [Sek Dân] well because we were in the same training.” Judge Lavergne then asked him if he remembered noting, in the interrogation rooms, any instructions posted on the walls. Lak Mieung said he did not. “What I learned, I learned it from other interrogators.”

Duch “hesitates to confirm”
Did the accused recognise Lak Mieung as a former S-21 staff member? Duch “hesitated to confirm.” If nothing in this witness’ testimony incriminated him directly, he expressed his rejection that some people sought to associate themselves with S-21, a “criminal mechanism,” and claimed they were part of it when it was not the case. He listed some details in the witness’ testimony that arose his “suspicions,” in particular his claim he used to call him to talk with him about prisoners’ interrogations, a “very strange thing.” The accused hoped to be able to shed light on this witness and added that if Lak Mieung could remember the names of the people he had interrogated, it would things easier.

(translated from French by Ji-Sook Lee)

Desperate plea

Photo by: Heng Chivoan

The Phnom Penh Post

Tuesday, 04 August 2009

Heng Chivoan

Representatives from 108 families meet with publisher Soy Sopheap in front of Deum Ampil newspaper office on Monday after travelling from Poipet to protest losing their land to a developer. The company was awarded the land after claiming only 14 families lived in the area, not 108. Soy Sopheap agreed to travel to the village and meet with company officials next Monday.

Pageant's organiser to comply

Photo by: Gorm K Gaare / MISS LANDMINE 2009
Miss Landmine contestant Song Kosal, who represents Phnom Penh, said she supports the event as a means of empowering the victims of mines.

The Phnom Penh Post
Tuesday, 04 August 2009
Sebastian Strangio and Sam Rith

But Miss Landmine planner says shutdown order a 'blow' to disabled

THE organiser of the Miss Landmine beauty pageant has condemned a government order shutting down the event, describing the decision as a "blow" for disabled rights in the Kingdom.

In meetings Monday at the Ministry of Social Affairs, officials rejected a last-ditch bid by organisers to reach a compromise over the staging of the controversial event, which features female victims of land mines.

"I believe it is a blow, not only for disabled rights, but also for the self-esteem of the women taking part and the self-esteem of disabled people across the country," organiser Morten Traavik said after the meeting.

"The message that they're getting out of [the ban] is that they should not present themselves as anything but the traditional notion of how a disabled person should appear: as objects of our condescending pity."

In a letter dated Friday, the Ministry of Social Affairs ordered that organisers of the pageant cease their activities immediately in order to protect the "honour and dignity" of the women taking part.

Traavik, an artist from Norway, said that for the well-being of the Cambodians taking part in the event, he would comply with the ministry's request, but he said the event's Web site will continue to operate despite the prospect of legal action by the government.

The decision to ban the event was a surprise, Traavik said, given that the project had previously received the support of anti-land mine groups and the ministries of both Social Affairs and Women's Affairs.

Twenty land-mine victims from across the country were set to take part in the Miss Landmine pageant, which was scheduled to open with a photo exhibition of the contestants on Friday.

This was to be followed by an Internet voting campaign to select the winner, who would have been awarded prize money and a prosthetic limb at a crowning ceremony in December.

The ministry's decision to ban the Miss Landmine event has reopened a debate about the merits of the contest, first held in Angola in 2007.

Song Kosal, a contestant representing Phnom Penh, said those involved in the pageant had opted to participate voluntarily, and that it was a great disappointment to hear that the event had been banned.

"Even though the contest is titled Miss Landmine, it offers us the chance to have the same rights as other people and also informs the whole world about the importance of eliminating land mines," she said.

Degrading contest
But others said the ban would not affect the progress of disability rights in Cambodia. Ngin Saorath, executive director of the Cambodian Disabled People's Organisation, which has supported Miss Landmine, said the government's main concerns were related to culture, not disability issues.

"This is to do with culture," he said, adding that the passage of a Disabilities Law last month demonstrated the government's dedication to the issue.

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[THE EVENT] OFFERS US THE CHANCE TO HAVE THE SAME RIGHTS AS OTHER PEOPLE.
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"We are working closely with the Ministry of Social Affairs in order to address the position of people with disabilities. I don't think [the ban] will effect [that]."

Kek Pung, president of the rights group Licadho, said that the government was right to ban the event, saying the organisers should have found a different way of conveying their message.

"I think that this is an issue of strategy and message. You can find a lot more methods of raising issues of land mines," she said.

Event organisers had the right intentions, she added, but she argued that a beauty pageant might wind up making the participants feel "sorry" for themselves.

Heng Ratana, director general of the Cambodian Mine Action Centre, agreed, saying that the contest was degrading for the participants, and that organising such an event was "unfair" to Cambodian culture.

He added that the efforts of organising that campaign should be channeled into providing training and other support to the disabled.

The government has long been hostile to beauty pageants. In September 2006, Prime Minister Hun Sen issued a ban on such events, saying the money could better be used to "help farmers" and to "solve more important issues".

Traavik said that despite the government's ban, the international coverage of the event would ensure that it continues to challenge ingrained attitudes about the disabled.

"Even if the Cambodian authorities are opposed to showing the pictures in Cambodia, they will still raise a lot of important issues and discussions," he said. "The idea is already out there."

An official at the Ministry of Social Affairs, who declined to be named, said that the ministry stood by the announcement issued Sunday.