Genocide charges laid at KRT

Photo by: DC-CAM
Khmer Rouge leaders during the regime, including Nuon Chea (front, second from left) and Ieng Sary (third from left, smiling).

The phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:03 Robbie Corey Boulet

GENOCIDE charges have been issued against Nuon Chea and Ieng Sary, a spokesman for the UN-backed Khmer Rouge tribunal said Wednesday, marking the first time that former regime leaders have faced the charge in an internationally sanctioned court.

The charge stems from crimes specifically targeting Vietnamese – both in Prey Veng and Svay Rieng provinces, and during border incursions into Vietnam – and the Cham Muslim minority group, UN court spokesman Lars Olsen said, adding that the two men and their lawyers were notified of the charges in meetings earlier this week.

Prosecutors in September requested that co-investigating judges clarify the charges against the five regime leaders being held at the tribunal, including Tuol Sleng prison chief Kaing Guek Eav, alias Duch, whose trial ended in November and is awaiting verdict.

Meetings with Khmer Rouge head of state Khieu Samphan and social action minister Ieng Thirith are set for the end of this week and the beginning of next week, Olsen said.

Ieng Sary and Nuon Chea had previously been charged with crimes against humanity and grave breaches of the Geneva Conventions. They learned in the meetings this week that they would also be charged with homicide, torture and religious persecution under the 1956 Cambodian penal code, which was in effect during the regime.

Researchers and scholars have long debated whether any of the atrocities committed by the Khmer Rouge constituted genocide, the legal definition of which requires that criminal acts be committed “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

Olsen said Wednesday that the killing of an estimated 1.7 million Cambodians during the regime did not qualify as genocide. “When you have members of the same national and ethnical group committing these types of crimes against other members of the same group, it simply does not fall within the legal meaning of genocide,” he said.

From the Khmer Rouge tribunal, Khmer Rouge foreign minister Ieng Sary (left) and Brother No 2 Nuon Chea. AFP

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I don't think you can find any proof.... the intent issue is the key thing, and you can’t get the smoking gun."

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But Youk Chhang, director of the Documentation Center of Cambodia, said many Cambodian survivors reflexively use the term to describe all Khmer Rouge killings. He expressed approval that genocide charges had been issued in connection with campaigns that targeted the Vietnamese and Cham Muslims.

“By having charged the crime of genocide against Ieng Sary and Nuon Chea, the court is not only doing its own job – it is also making the survivors more likely to support the process,” he said.

Between 100,000 and 400,000 Cham Muslims died at the hands of the regime, he said, adding that it is unclear how many Vietnamese were killed.

In a recent interview, historian David Chandler said he did not believe crimes committed against either group amounted to genocide.

With respect to the Vietnamese, he said, “I don’t think you can find any proof to pin it down. The intent issue is the key thing, and you can’t get the smoking gun.”

Similarly, the evidence for crimes against the Chams “isn’t really as conclusive as it should be for genocide”.

“Certainly there was harsh behaviour on some of the Cham sites, and that’s documented,” he said.

“But it’s just a cuckoo word to use. That’s not genocide. That’s sadism. And it’s vicious, and it’s inexcusable. But it’s not genocide.”

Lawyers for Nuon Chea and Ieng Sary said they were not surprised judges had opted to bring the charge against their clients.

“We have always been expecting that the [co-investigating judges] would go forward on genocide,” said Michael Karnavas, Ieng Sary’s international co-lawyer. “That said, I should stress that we believe the OCIJ has not been terribly responsive in conducting a fair investigation, and we have found in many instances the legal reasoning coming out of the OCIJ to be less than acceptable for an institution that is heavily supported by internationals.”

Andrew Ianuzzi, a legal consultant for Nuon Chea, said he was “not a bit surprised that OCIJ is sticking closely to the prosecution’s version of events”.

Deputy international co-prosecutor William Smith declined to comment at length, saying that the final decision on genocide charges “can only be made after the investigation is closed and a full and thorough analysis of it has been conducted”.

Olsen noted that no decision has been made on whether the four leaders awaiting trial will be indicted, let alone on what charges they might face. The investigation for the tribunal’s second case is expected to conclude within the next few weeks, he said.

Abhisit regime must go, PM says

Photo by: Kem Sovanarra

Hun Sen displays the phone records of convicted Thai spy Sivarak Chutipong during a speech at the Ministry of Education on Wednesday.

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:03 Cheang Sokha and James O'toole

PRIME Minister Hun Sen said Wednesday that frayed relations with Thailand cannot be normalised while the current Thai government is in power, accusing the neighbouring country of continuing to breach Cambodia’s border in disputed territory near Preah Vihear temple.

Speaking at a scholarship ceremony at the National Institute of Education, Hun Sen held forth on the diplomatic fallout that has followed in the wake of fugitive former Thai prime minister Thaksin Shinawatra’s visit to Cambodia last month as a newly appointed economic adviser to the government. Thailand withdrew its ambassador to Phnom Penh in protest of Thaksin’s appointment, with Cambodia immediately following suit.

“I will wait to see the establishment of a new government in Thailand, so that they will send back their ambassador,” Hun Sen said. “You accuse us of abusing the Thai justice system, but you forget to mention that you are invading Cambodian territory,” he added.

Hun Sen also defended the arrest of Sivarak Chutipong, a 31-year-old Thai engineer who received a prison sentence for leaking Thaksin’s flight schedule to the Thai embassy in November and was subsequently pardoned last week.

“If we did not act in advance, then for sure at this time, at this hour, Thaksin would be dead or jailed in a Thai prison,” Hun Sen said.

Sam Rainsy Party spokesman Yim Sovann said Hun Sen was playing “political games” in his dealings with Thailand, and questioned the necessity of Thaksin’s controversial appointment as government economics adviser.

Thaksin spoke with officials at the Council for the Development of Cambodia on Wednesday about tourism and foreign investment, though Yim Sovann said the former Thai leader’s counsel thus far has not been particularly revelatory.

“I have … noticed that what Thaksin advises the government of Cambodia is not different from what our Cambodian economic experts and what our MPs from the opposition party advise,” he said.

Though the SRP spokesman did not dispute Hun Sen and Thaksin’s characterisation of Sivarak as a “political victim”, he said that the Thai was not alone in this distinction.

“A lot of political victims are staying in Prey Sar prison,” he said.

In a statement on Wednesday, meanwhile, Thai Foreign Minister Kasit Piromya defended Kamrob Palawatwichai, the former first secretary of the Thai embassy in Phnom Penh. Kamrob was expelled by the Cambodian government last month for his alleged involvement in the leaking of Thaksin’s flight schedule.

“Kamrob performed his normal duty in accordance with Thai judicial enforcement to have extradition of convicted Thaksin,” Kasit said in a statement, according to Thailand’s The Nation newspaper.

In Jakarta, officials at the ASEAN secretariat urged Thailand and Cambodia to seek a diplomatic solution to their dispute.

“The dispute is one thing, but the most important thing is that the incident would not pose risk to the ASEAN’s solidarity,” ASEAN task force chairman Tommy Koh was quoted as saying by the Xinhua news agency, adding that members of the bloc have attempted to broker solutions to the conflict.

UK man accused of sex with 13-year-old

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:03 Chrann Chamroeun

A BRITISH man faced Phnom Penh court on Wednesday, charged with committing a series of indecent acts against a 13-year-old Cambodian girl between 2007 and 2008.

Gareth Ashley Corbett, 51, was arrested at his home in Sihanoukville in July after police received testimony from the victim. The girl, who says she helped with dishwashing duties at Corbett’s shop, says the accused forced her to perform sex acts on him up to five times a day for US$10.

Corbett denies the charge and insists he neither gave the girl money nor paid her for washing the dishes.

“I’d give her 500 riels sometimes for buying cigarettes for me,” he said.

The victim also says she was abused by a 44-year-old American who was arrested last week during a police raid on a hotel in Phnom Penh.

Flip-flopping

The victim’s lawyer, Peng Maneth – who had requested the charge be changed from an indecent act to soliciting sex from a minor – told the court Corbett’s account in court contradicted his original statement to authorities.

“He told police and the investigating judge that he gave her $1 to $2 every time she washed dishes at his shop,” he said.

Corbett’s lawyer, Theng Meng Y, said that it would be “very unjust” if his client was found guilty.

The charge “is based only on the testimony from a girl without a credible witness or enough evidence”.

A verdict is expected to be handed down on December 25. If found guilty, Corbett faces between one and three years in prison.

Protections for Uighurs vital: group

Photo by: JUDE MAK

Uighur men sit at a tea house in Kashgar, in China’s northwest Xinjiang province. Violent anti-China protests rocked Urumqi, Xinjiang’s capital, on July 5.

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:03 Sebastian Strangio

THE government should fulfil its international obligations to protect a group of ethnic Uighurs who are in Cambodia seeking political asylum, Amnesty International has said, warning that they could face “torture and other cruel, inhuman or degrading treatment” if returned to China.

In an open letter to Interior Minister Sar Kheng, Sam Zarifi, Amnesty’s Asia-Pacific director, said Cambodia should resist recent Chinese pressure to deport the 22 asylum seekers.

“The Government of Cambodia is bound by the principle of non-refoulement, which prohibits the return of persons to a country where they are at risk of execution, torture or other serious human rights violations,” the letter stated.

“We urge you not to return the 22 Uighur asylum seekers and to ensure that they have access to a fair asylum process.”

The Uighurs, from China’s restive northwest Xinjiang province, arrived in Cambodia at various points last month and have applied for political asylum through the the local office of the UN High Commissioner for Refugees (UNHCR).

Uighur rights groups say the asylum seekers fear retaliation from Beijing after witnessing clashes between Chinese security forces and Uighur demonstrators in Urumqi, Xinjiang’s capital, on July 5.

Amnesty’s letter comes amid an apparent increase in Chinese pressure for the return of the Uighurs.

On Tuesday, Chinese foreign ministry spokesman Jiang Yu said during a news briefing in Beijing that the Uighurs in Cambodia were suspected of criminal offences in China.

She also warned that the UN’s refugee protection system should not be used as “a haven for criminals to avoid legal sanctions”.

Koy Kuong, spokesman for the Ministry of Foreign Affairs, said Amnesty’s concerns were “premature”, and that the government, with UNHCR’s assistance, was conducting interviews to determine whether the Uighurs are eligible for refugee status.

“China and Cambodia are both sovereign states, so neither one can put pressure on the other,” he said.

“It is premature for Amnesty International to say that the Chinese government will put pressure on the Cambodian government. This idea is wrong.”

Koy Kuong said he did not know whether the Uighur issue would be raised during upcoming talks with Chinese Vice President Xi Jinping, who is scheduled to arrive in Cambodia for a two-day visit Sunday.

China has handed down at least 17 death sentences over the July riots in Xinjiang, which it says left nearly 200 dead and 1,600 injured.

WITH ADDITIONAL REPORTING BY AFP

Acid attack: 3 questioned over assault of TV9 starlet

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:03 TEP NIMOL AND ZELA CHIN

Three people were questioned at Daun Penh district police station on Wednesday in connection with the acid attack on 16-year-old talent show winner Hang Srey Leak, who won TV9’s weekly High Star talent show in November 2008. The victim was at a hairdresser’s salon in Daun Penh district on Tuesday when two men poured half a litre of acid over her, burning her face, back and a leg. “Our police have detained two men and one woman for questioning. They are relatives of the victim,” said Pol Pithey, Phnom Penh Municipal Police deputy chief. The victim’s aunt told police that her children were involved in the attack, but they have denied any wrongdoing, said Pin Kong, deputy police chief of Srah Chak commune. Hang Srey Leak is still recovering at Calmette Hospital. The attack followed a similar incident last week in which sisters Kim Sodine, 18, and Kim Sonita, 17, were splashed with acid on their way to a Phnom Penh market. Their sight has been saved, and they are resting in a hospital in Vietnam, according to Ziad Samman of the Cambodian Acid Survivors Charity.

Medics accused of negligence

Photo Supplied

The newborn son of Sok Moa, a 27-year-old first-time mother who died from blood loss following a Cesarean section on Sunday.

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:02 Mom Kunther and May Titthara

THE family of a 27-year-old pregnant woman who died from excessive bleeding after delivering by caesarean section has accused doctors of negligence in a complaint filed with officials in Kampot’s Kampong Trach district.

Sok Moa, 27, succumbed to a postpartum haemorrhage at the end of a 15-hour ordeal during which she traversed more than 40 kilometres in search of treatment on Sunday, her relatives said.

“This was going to be her first child, and ever since she became pregnant she was very good about checking up on her health at the health centre,” said Sok Moa’s 57-year-old mother, Mak Pheun.

“We have complained to the district governor, asking them to take measures to find justice for us because we did everything that they told us. We really trusted them, but they seemed careless with her.”

The case highlights one of the main dangers facing pregnant women in the Kingdom, said Chan Theary, executive director of the Reproductive and Child Health Alliance, who noted that postpartum haemorrhages account for 54 percent of maternal deaths, according to government figures.

At 461 deaths per 100,000 live births, Cambodia’s maternal mortality rate is the third-highest in the region, ahead of only Laos and East Timor.

Long road to treatment

Sok Moa went into labour at 8am on Sunday, and three hours later her family took her to the Kampong Trach district health centre, said Kon Sam Ork, her 59-year-old uncle.

“When we arrived at the hospital, the doctors told us that they needed to operate on her because she could not deliver the baby naturally,” Kong Sam Ork said. “Before the doctors operated on my niece, they asked for 300,000 riels (about US$72) and 12 fruit juice cans, and we agreed,” he said.

The baby, who has not been named, was delivered safely, but the mother immediately began bleeding profusely, he said.

“The doctors told us they could not save her and asked us to send her to the provincial hospital,” he added.

After travelling 30 kilometres by ambulance to the hospital in Kampot town, doctors told the family that Sok Moa would require a blood transfusion of about six litres.

Mak Pheun said she spent 380,000 riels ($92) on one 330-millilitre container of blood, and Sok Moa’s husband also donated blood. “The doctors gave her a transfusion for about 30 minutes, but then she died at 11pm,” she said.

Health officials said it sounded as though the doctors had followed standard procedure in Sok Moa’s case.

“The reason they operated on her was because she could not deliver the baby, and we were successful in delivering the baby,” said Pao Sary, chief of the Kampong Trach health centre. “After the operation, she was bleeding too much, so we transferred her to the provincial hospital.”

Keo Sophan, the chief of the provincial health department, said he had just returned from a trip abroad and did not know the specifics of the case, but he said he doubted that the family had been made to pay for a blood transfusion, which would have been in violation of hospital regulations.

“If they did buy blood, maybe it’s because they hired someone to give blood because no one in the family could,” he said.

Chan Theary said it was common for patients to be asked to pay for blood transfusions, though she said the price cited by Mak Pheun seemed high. The price for the caesarean section was normal, she said.

She said that doctors in Kampong Trach should not have attempted a caesarean section without sufficient blood reserves. “Normally, if we’re talking about comprehensive obstetric care, you need to have a blood bank if you’re going to do a caesarean section,” she said.

Kampong Trach district governor Oum Sinath said he had not yet received a complaint from Sok Moa’s family, though he said he would consult with Keo Sophan when it arrived.

ADDITIONAL REPORTING BY ROBBIE COREY-BOULET

Police continue drug trial sweeps

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:02 Chhay Channyda and Irwin Loy

AUTHORITIES pressed on with a controversial trial of a little-known detoxification drug Wednesday, with police continuing to sweep the streets for drug users and one official claiming an early success.

Police in Phnom Penh’s Chamkarmon district apprehended two people believed to be heroin users as part of the dragnet Wednesday, said Sin Vath, deputy chief of the district’s crime office. But the pair were due to be released, he said, because they were judged to be too unhealthy to participate in the trial.

“We wanted to bring them to take the drug detoxification trial,” he said. “Instead we will release them.”

It follows last week’s arrests of at least 17 people who were subsequently enrolled in a controversial drug treatment trial Sunday involving a Vietnamese-manufactured detoxification drug called Bong Sen.

Criticism from rights groups

Human rights groups have slammed the trial as a sham and decried the arrests, and UN and US embassy officials have expressed concern over the news. Authorities, however, insist the drug users have volunteered for the trial.

One official with the National Authority for Combating Drugs (NACD), which is overseeing the trial, is claiming an early success, even though the scheme is only a few days old.

The official, who asked to remain anonymous because he was not permitted to speak with the media, said many of the drug users in the trial have “forgotten” about using heroin.

“They do not like eating rice, as they are heroin users, but 70 percent of them are getting hungry when it is mealtime now,” said the official, who is directly involved in administering the trial. “They are getting much better.”

Rights groups, however, are calling the trial an outrage.

“The NACD and the government of Cambodia must immediately stop the trial,” Joe Amon, the director of the health and human rights division of Human Rights Watch, said in a statement.

“The illegal importation and coercive tactics used to put drug users on a wholly unknown and unproven cure for drug dependency is not merely unethical, but a violation of the most sacrosanct of principles of medical ethics.”

The drug’s Vietnamese manufacturers, Fataco Ban Tre, say the orally administered product provides a “gentle detox” over seven to 10 days.

Company officials could not be reached for comment Wednesday.

Top city police official accused in assault

Photo Supplied

Phat Dara says he was pistol-whipped by police officials racing their cars.

The phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:02 Chrann Chamroeun

A COMPLAINT was filed with the Ministry of Interior on Wednesday accusing a senior police official and two accomplices of beating a 25-year-old mechanic and leaving him for dead, the victim’s employer said.

The document, which has been seen by the Post, accuses Neang Sok Na – deputy police chief of the Phnom Penh Minor Crimes Bureau – and two others of threatening Phat Dara’s life and pistol-whipping his face and hands on Sunday in an incident witnessed by nearly 50 people who thumb-printed the formal complaint. The allegations have been denied by the police.

Om Heng, the owner of the Heng Heng garage on Phnom Penh’s Street 39 and a witness to the incident, said that staff members, including Phat Dara, were eating dinner in front of the establishment when two cars raced past at high speed.

“One of my staff shouted to the children nearby not to cross the road while we were eating because they might be in danger when the two cars stopped near the pagoda about 30 metres away,” he said.

“One man we knew as senior police officer Neang Sok Na was extremely drunk. He got out of his car and with a pistol – hit my staff member on the head. The other three men started hitting him as well.”

They continued to beat the victim before calling for more police officers to take Phat Dara to the police station, Om Heng said. The victim “has worked here for eight years without a dispute, and now I must seek justice for him,” Om Heng said.

Mea Phanit, another eyewitness, said that the court must prosecute Neang Sok La and not merely compensate the victim. “If he is released from prison, it will set a bad example for other police officers,” he said.

Song Ly, police chief of the Minor Crimes Bureau, dismissed the allegations on Wednesday, saying it was Phat Dara who had been drinking and assaulted Neang Sok La.

“It is the people’s right to complain; however, we also have a document to countersue because the people don’t know the truth,” he said. “If he didn’t use the gun he would be killed by the people there.”

Phat Dara is being treated for his injuries at Calmette Hospital. He is asking for 20 million riels (US$4,800) in compensation, his employer said.

Commune chief sued by villagers in Kong Yu

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:02 May Titthara

ETHNIC Jarai villagers in Ratanakkiri province’s O’Yadav district have filed complaints with the Ministry of Interior against a local commune chief in connection with a long-running land dispute involving the finance minister’s sister, villagers said on Wednesday.

Sev Khem, a Kong Yu village representative, said villagers had filed complaints against Chhav Yaing, the chief of Pate commune, for forcing people to thumb-print documents ceding communal land to a local rubber company.

“The commune chief came to persuade villagers to agree to get US$400 cash and 1 hectare of farmland for each family,” he said, adding that the chief’s threats forced the villagers to file their complaint.

The land dispute has pitted Kong Yu against a rubber company owned by Keat Kolney – the sister of Finance Minister Keat Chhon – who says she purchased 450 hectares of land for development as a rubber plantation. Villagers say they were tricked into the deal and are fighting the sale in court.

When contacted Wednesday, Chhav Yaing denied he issued any threats to the villagers. “Their village representatives filed a complaint against me about persuading people to agree to get the compensation, but all of the thumbprints were from the representatives’ relatives. The villagers didn’t file a complaint against me.”

Coming together to be heard

Photo by: Pha Lina

Dancers march through the streets of Phnom Penh in celebration of Human Rights Day last week.

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Many peaceful demonstrations … have been prohibited or restricted to the extent that they have almost ceased to exist.
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The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:02 Christophe Peschoux

Right to assembly among most vital for freedom of expression

Comment

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Christophe Peschoux

ON Human Rights Day on December 10, almost 2,000 people assembled together in the capital to march peacefully to express their views on a number of human rights issues.

This march, organised by the Cambodian Human Rights Actions Committee (CHRAC), was one of the largest public acts of expression in Cambodia in recent years. For the first time, the march was authorised to walk across the city, no caps were put on numbers, and the police assisted the march by clearing the road ahead to allow it to proceed without hindrance. The Ministry of Interior and municipality should be commended for their support and assistance to the event.

As in previous years, the march proceeded peacefully, free of violence or intimidation. Nonetheless, like in the last two years, permission was granted by the authorities only on the eve of the march, making it difficult to organise and plan. The grounds given for this delay have been concerns about public security.

The right to peaceful assembly is recognised in the Constitution, as well as in the International Covenant on Civil and Political Rights, to which Cambodia is a party. The right is one of the foundations of a developing civil society and of a functioning democracy. Its protection is crucial in allowing for differences of views to be expressed and for people to freely participate in the shaping of public policies concerning their lives.

While peaceful assembly is not an absolute right, it should only be restricted when in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others.

Shortly, a new law governing peaceful demonstrations will enter into force, replacing the 1991 Demonstrations Bill. In the new law, a peaceful demonstration is defined as “any gathering or procession made by a group of people to demand, protect or express publicly their feelings/sentiments, ideas/opinions or will by using peacefully various forms or means.” The new law requires organisers of a demonstration to inform the authorities ahead of it and to coordinate with them to ensure that it proceeds in an orderly manner. They are not required to seek permission. This reflects the spirit of this fundamental freedom, which can only be restricted by the authorities on the exceptional grounds mentioned above.

While the new draft law constitutes progress in some areas, as compared to the current law, the true test will lie in its good-faith interpretation and implementation in the spirit of the Constitution and human rights standards.

In recent years, many peaceful demonstrations have been prohibited or restricted for symbolic events to the extent that they have almost ceased to exist, as people have grown fearful of expressing their views and assembling peacefully to do so. In the past three years, Human Rights Day celebrations have demonstrated that large public gatherings and marches can be conducted peacefully and do not pose a public threat. It is time for the authorities to acknowledge this and to effectively promote and protect this right, important for the development of Cambodian society.

The OHCHR will continue to work closely with civil society and the relevant authorities to support their efforts to make this right a reality.

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Christophe Peschoux is the representative of the UN’s Office of the High Commissioner for Human Rights in Cambodia.

Amid slump, ILO urges garment-sector unity

Photo by: GEORGE MCLEOD

Garment workers sew clothing at a Phnom Penh factory. Cambodia has seen exports of garments suffer this year as buyers have focused on price over other factors, including labour standards.

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:01 Nathan Green

Labour standards are just one issue facing industry, GMAC says

THE International Labour Organisation (ILO) has urged garment-sector stakeholders to work together to boost productivity and reduce industrial disputes to ensure the industry’s survival in the face of slumping export orders.

In a report on labour-standard compliance released Wednesday, the organisation noted that compliance levels had remained high despite “some areas of concern”, even in the face of increased pressure on factories due to the economic crisis.

It cited Ministry of Commerce data that showed 70 factories had been closed and approximately 70,000 jobs shed in the year from October 31, 2008, but noted that losses had been mitigated to some extent by new factories opening. ILO monitoring visits suggested net job losses were 48,000 over the period.

“The global financial crisis has significantly impacted Cambodia’s garment industry, resulting in layoffs and a number of factory closures,” the report concluded. “Now more than ever, industry partners must focus on increasing productivity and preserving industrial peace in order to ensure the industry's continued success, and to strengthen the industry post-crisis.”

ILO Training Specialist Catherine Vaillancourt-Laflamme said the ILO’s Better Factories Cambodia programme had played a leading role in the development of the sector in Cambodia over the last decade, but that labour standards are just one of the factors that international buyers take into account when placing orders in a country.

Cost of products, productivity, quality of production, lead time, and the ease of doing business in the country also matter, she said.

“One has to acknowledge that there are structural problems in the industry, and those have been there for many years. The current economic crisis has only brought them to the forefront,” she said. “In looking to make Cambodia more attractive to investors, the way forward is absolutely not to backtrack on the progress made in terms of labour compliance, but to look at the other aspect of the production, roll up our sleeves and address those. The time is now.”

Other issues critical

Garment Manufacturers Association of Cambodia Secretary General Ken Loo acknowledged the role of the ILO in putting Cambodia’s garment sector “on the map” with buyers, but said compliance with labour standards is no longer a critical issue for the sector, especially when compared to issues such as high electricity and transport costs and relatively low productivity.

“In Washington, from the feedback I received, the message is very clear that everybody understands that compliance alone is not going to keep the industry thriving, as recent evidence suggests,” he said, referring to a recent Cambodian delegation that travelled to the US seeking duty-free access for the Kingdom’s exports to the world’s largest economy.

The International Monetary Fund said in a report released last week that the sector was showing little sign of recovery after export orders dropped 23.1 percent over the first 8 months of the year.

It blamed underlying structural issues – including low productivity, unreliable supply and high cost of electricity, high transport costs and protracted time to market, and a lack of vertical integration – for reducing Cambodia’s competitiveness compared with other garment-producing countries in the region.

ADB agrees second rail instalment of $42m

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:01 Jeremy Mullins

THE Asia Development Bank (ADB) announced Wednesday it had formally voted to extend a previously announced US$42 million low-interest loan to complete the rehabilitation of Cambodia’s railways.

The loan represents the second half of the ADB’s $84 million commitment to the $141 million repair project, with the remainder of the funds coming from the OPEC Fund for International Development (OFID) and the governments of Cambodia, Australia and Malaysia, ADB spokesman Chantha Kim said Wednesday.

“This upgraded rail network will position Cambodia as a true sub-regional transport hub, creating new jobs and business opportunities,” said Peter Broch, senior transport economist at the ADB’s Southeast Asia department in a press release.

Freight service in the Kingdom had been halted during repairs. According to the ADB’s press release, the Phnom Penh-Kampot stretch will reopen in 2011 and the remainder of the network by 2013.

Sok Naty, secretary of the Railway Construction Committee, said in October that the plan had been to open the full Southern Line – between Phnom Penh and Sihanoukville – by 2011. ADB and railway officials did not return requests for comment on the apparent discrepancy Wednesday.

Cambodia’s rail lines do not extend to either Thailand or Vietnam, Sok Naty has said.

With Vietnam’s September announcement it would build a line from Ho Chi Minh City to the border, the Kingdom represents the last missing section on a line from Singapore to Kunming, China.

Phnom Penh office space to double by 2013, says CBRE

Photo by: SOVAN PHILONG

Work continues on office space in Canadia Tower in October. CBRE’s Country Manager Daniel Parkes says the new development will likely help gauge the demand for offices in the Cambodian capital.

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The appetite for new office space depends greatly on the quality and pricing."
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The Phnom Penh Post via CAAI news Media

Thursday, 17 December 2009 15:01 Nathan Green

New buildings such as Canadia Tower and Gold Tower 42 will add significant additional space on the market, says property firm, but demand still unclear

Thursday, 17 December 2009 15:01 Nathan Green

New buildings such as Canadia Tower and Gold Tower 42 will add significant additional space on the market, says property firm, but demand still unclear

PROPERTY services firm CB Richard Ellis (CBRE) Cambodia has predicted that office supply in Phnom Penh could reach as high as 200,000 square metres by 2013, almost double the current available space, if most of the office stock slated for development over that period is completed.

In its first report on the Phnom Penh real estate market made publicly available, the local office of the major US property consultancy says Phnom Penh’s office stock surpassed 100,000 square metres for the first time this year, with around 20,000 square metres of new office space hitting the market.

Most of that is in the 29-storey Canadia Tower, the Kingdom’s first skyscraper, which opened its doors to its anchor tenant, building owner Canadia Bank, last month.

CBRE Country Manager Daniel Parkes said the firm’s estimate accounted only for the portion of the tower to be set aside for office rentals, meaning that the six floors taken by Canadia Bank and others set aside for retail, hospitality and residential offerings were excluded.

How much of the tower will be set aside for office space has not been definitively determined, and negotiations with prospective tenants were ongoing, sources within the bank say.

Parkes said the newly opened headquarters of Cambodia Public Bank, or CampuBank, were also excluded, as it was built exclusively for the bank.

CBRE anticipated that up to 35,000 square metres will go on the market next year, 45,000 square metres in 2011 and a little under 20,000 square metres in 2012, based on projects in the pipeline.

“There are a number of office projects tabled for Phnom Penh, but if we assume a more realistic outlook that only those projects now started and under way come forward then the supply will be 76,021 square metres over the next 5 years,” Parkes said.

Among those are towers being built by Vattanac Bank and The Royal Group, both neighbouring Canadia Tower, Amco’s Phnom Penh Tower and a limited amount of office space in Gold Tower 42 and Posco E&C’s Star River residential development.

The report did not predict the extent of demand for new and existing facilities but said the ability of Canadia Tower to attract tenants would serve as a benchmark.

“The appetite for new office space depends greatly on the quality and pricing as to whether occupiers decide to relocate from existing office space, many of which are renovated villas or built to suit premises,” it says.

“Developers, occupiers and investors are looking to the project as a bellwether for office development in Phnom Penh, experts will view its success as a barometer for future trends.”

Parkes said the company was optimistic that demand for office space would grow in Phnom Penh over the next five years and beyond.

“Demand will continue to grow in the coming years from existing occupiers within the Phnom Penh market looking to upgrade their premises and business image and also from new entrants from abroad,” he said.

Chinese company plans mine projects

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:01 Soeun Say

CHINESE company HK Qinlong Mining Investment Group has announced plans to explore 2,000 square kilometres primarily for iron and gold deposits in Kampot and Preah Vihear provinces.

The firm met Tuesday with Prime Minister Hun Sen to discuss its intentions to extract the resources located on its Cambodian concessions following a period of exploratory work, said Eang Sophalleth, spokesman for the premier.

“Qinlong President Li Xiaoming told Hun Sen he was confident about investing in Cambodia, and was not concerned with the fallout from the present financial crisis,” he said.

Eang Sophalleth added that Cambodia’s plans to extract its rich mineral deposits formed an integral part of the government’s overall economic strategy.

In private discussions, the prime minister stressed Cambodia’s stable political and economic climate, and encouraged the Chinese firm to press forward with its operations while maintaining close ties with the Ministry of Industry, Mines and Energy, Eang Sophalleth said.

Li said that once the firm had completed its search for resources, it would share data with the government in an effort to foster ties, and then begin mining soon afterwards.

The firm would concentrate on searching for iron and gold, but would also consider other deposits, he said.

Sot Yea, deputy governor of Kampot province, said he had not yet received information on the project, but said he would help facilitate the firm’s operations in the area.

“If the project goes ahead, hopefully we will see job opportunities created, leading to poverty reduction for our residents. We always welcome investments which bring development to our province,” he said.

The Ministry of Industry, Mines and Energy declined to comment Wednesday on the firm’s arrival.

Govt calls on Japan to increase business ties

Thursday, 17 December 2009 15:01 Chun Sophal

Commerce Minister Cham Prasidh says Japanese firms can benefit from new agreement offering minimal tariffs on exports

SPEAKING to Asian business officials visiting Phnom Penh, Minister of Commerce Cham Prasidh Wednesday singled out Japan, encouraging firms from the country to do business and invest in Cambodia to take advantage of a recent trade deal.

On December 1, the Cambodia-Japan Free Trade Deal went into effect offering foreign firms that invest in the Kingdom access to the Japanese market with 98 percent of duties eliminated.

“Japanese companies should … take the chance to do business and invest in Cambodia to produce goods for duty-free export,” Cham Prasidh told the gathering of business leaders and officials.

According to the agreement, exporters to the world’s second-largest economy must produce a certificate proving country of origin.

Some Japanese companies are already taking advantage of tax breaks in the Kingdom. Ajinomoto, the world’s largest producer of monosodium glutamate (MSG), started building a packing factory at the Phnom Penh Special Economic Zone this quarter and has previously suggested it may expand operations further. However, there are markedly fewer Japanese companies operating in Cambodia than elsewhere in the region.

Hiroshi Hattori, an expert from the Japanese Overseas Development Corporation, said Wednesday that 3,000 firms from Japan operate in Thailand and 1,500 in Vietnam.

Last year, Japanese investment totalled just US$7.82 million, about a tenth of that from Singapore or Thailand. The figure will almost certainly drop this year, given that only $4.76 million was invested by Japan in the first 10 months.

Hattori said that numerous obstacles remain for Japanese companies considering doing business in Cambodia, namely the high price of electricity and the still-bureaucratic administrative system.

“Japanese companies spend a long time planning before starting businesses or investments,” he said, adding that firms from Japan are usually looking to the long term.

Doing Business, part of the World Bank Group, ranked Cambodia 145th out of 183 countries surveyed in terms of ease of doing business, six places lower than the 2009 position. For starting a business, Cambodia was at 173, falling two places on the 2009 survey result.

The project found that it took an average 85 days to start a business in the Kingdom, more than double the Asia Pacific average of 41 days – and was one of the main obstacles to launching investments here.

Cambodia faired much better in the category that measured how well investments were protected, ranking 73rd overall.

Cham Prasidh’s call to Japanese firms Wednesday echoed comments made earlier this year when he likened Japan to an economic magnet that could drag firms from other countries to invest in Cambodia.

Police Blotter: 17 Dec 2009

Thursday, 17 December 2009 15:01 Sen David and Mom Kunthear

The Phnom Penh Post via CAAI News Media

Motorbike combusts outside ministry

A motorbike parked in front of the Ministry of Defence in Phnom Penh was torched on Tuesday. Witnesses said that the bike was engulfed by big flames and looked like as if someone intentionally set it on fire. Police are considering that it could be a terrorist act as it was not the first time such an incident had occurred at the ministry. Authorities wish to tell the public that they do not need to be afraid.

DEUM AMPIL

Factory worker stabbed by friends

A 22-year-old factory worker was reportedly stabbed in the neck by her two friends at her home in Sen Sok district on Tuesday. The victim said that both perpetrators were friends who she had invited to her home to socialise, and that once inside, the pair took a knife and stabbed her in the neck before fleeing the scene. Police said that the victim was fortunate that her neighbours were able to bring her to the hospital on time or else she could have died. The victim believes that the attack was fuelled by jealousy, since she and one of the suspects love the same man.

KOH SANTEPHEAP

Man whacked in vendetta shooting

A 31-year-old man was gunned down outside his home by two armed men on a motorbike in Phnom Penh’s Veal Vong commune on Monday. Witnesses said that the victim was returning home from a wedding and was going into the house when the suspects drove by and opened fire, killing the victim instantly. Police believe that the killing was motivated by vendetta and are searching for the suspects.

KAMPUCHEA THMEY

Bandits net bounty in BAKAN burglary

Six million riels (US$1,440) and 10 pieces of gold were stolen from a home in Pursat province’s Bakan district during an armed robbery Tuesday. Eight heavily armed robbers stormed into a family’s home and ransacked it before escaping. No one was injured. Police said that it was the third time this week that such a robbery had taken place in the province. Police are currently looking for the suspects and believe that they are from the area.

DEUM AMPIL

Fiance SNUB Leads to suicide attempt

l A 25-year-old woman poisoned herself on Monday in Kampong Chhnang province’s Chul Kiri district because she was angry with her family for disagreeing about her choice of husband. Members of her family said that the woman was sent to hospital, where she is in a stable condition. They added that the man’s family came to her home to ask the for the victim’s hand in marriage, but her parents did not agree with them, causing the suicide attempt.

KAMPUCHEA THMEY

Keeping your hair in check

Photo by: PHA LINA

Same same but different: The Cambodian version of chess dates back to pre-Angkorian times.

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Closer to a hybrid of checkers and chess, there is a volatility to it. Less strategy, more gun-slinging."

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The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:00 TERRY MCCOY

As the local barber in Kampong Thom sharpens his razor, ouk enthusiasts sharpen their wits with a few rounds of the Cambodian version of chess

IT is one of those moments in provincial Cambodia when appearances and reality part company.

This squat barbershop in Kampong Thom is, by all appearances, merely that.

An open structure set into the side of the harried Kampong Thom Market, its only furnishings are a rickety chair facing a mirror and three plank benches.

And it is these benches which provide a clue that there is more to this barbershop than scissors, razors and hair-covered gowns.

This modest Kampong Thom barbershop has an alternate life as a chess hall of renown, where serious men play serious – one might even say cutthroat – chess.

It is this pursuit that has brought me here, in an effort to learn the rudiments of Cambodian chess.

In Cambodia, chess isn’t often played in shaded parks or smoky coffee houses, but in barbershops.

My supposed tutor, Touch Makara, is late. We have an agreement that he will show me the game if I teach him some English. But at 7am on a Sunday, it seems punctuality isn’t a concern. The barber Chou Sokha and I are alone in his shop.

All around, the town awakens. A woman squats with a wooden spoon and hammers pinkie-sized fish into a paste. Mopeds cough to life as their riders light their first cigarettes of the day.

It is nearly 8am when I look up to see a sleepy-eyed Touch. I met the 20-year-old the day before, while he was drunk off palm wine and I was trying to unravel the intricacies of a game that, though it resembles European chess, is most assuredly not.

The rules for ouk, the Cambodian version of the game, are, unsurprisingly, same same but different. Closer to a hybrid of checkers and chess, there is a volatility to ouk, with less strategy and more gun-slinging.

The origins of ouk can be traced back to 800 AD, when a version of chess was imported from India or China. Both Angkor Wat and Prey Khan temple boast carvings which feature chess-playing.

As with chess, an ouk board has 64 squares, but only the rooks and knights move in the same manner, and the queen is the weakest piece – as it was in the earliest version of chess, before becoming the most powerful piece.

These differences in the movement of the pieces provide a much-needed excuse for my poor performance as I am pummelled by this half-awake Kampong Thom local.

“Ouk,” Touch says, which, I gather, means I am in checkmate. Touch stands the pieces up again and performs the same opening play.

“Another game?”

Later in the morning, three cigarette-smoking men stand around to watch my game-play, but don’t remain spectators for long. One man sporting a toothy grin shakes his head at my play and, leaning over, takes control of my game. I’ve been benched.

The pace quickens with the addition of my ouk strategist. After each move, Touch musters his command of English to ensure I understand the proceedings.

“OK?” he says after hopping a knight.

“Yes. OK. Very good,” he says again, skipping a rook.

“OK, yes? Very good,” he says after no piece is moved at all.

Time meanders by, the hours easily lost in cigarette smoke and the sounds of chess as Chou quietly maintains his hairdressing equipment. The barber hasn’t played a single move or cut one strand of hair all morning. He watches the games or stands, arms crossed, staring out into the market.

It’s not until mid-morning that Chou has his first taker, a wiry, bespectacled man.

No conversation is exchanged between the two before Chou begins clipping. He does so lazily, working the scissors and humming to the radio.

My head hurts. I’ve played, or watched someone play for me, six consecutive games of ouk. It’s close to noon, and at lunch time in Cambodia, almost everything – including chess – stops. But as I get up to leave, the barber’s chair opens up and I notice my reflection’s somewhat shaggy hair and three-day scruff.

I ease into the seat, pay Chou the asking price of 3000 riels, and the barber starts snipping. I look into the mirror and see Touch sitting behind me.

“Yes. OK. Very good,” he says.

Chov Sotheara clinches first wrestling gold

Chov Sotheara (red and white) of Cambodia wrestles Sayamone Keovilaysone of Laos in the women’s 45kg wrestling final at the SEA Games in Laos. AFP

The Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:00 UNG CHANMROEUN

The 26-year-old becomes Cambodia’s first-ever wrestler to win a gold medal at the SEA Games

VIENTIANE

THE Kingdom registered its third Southeast Asian Games gold medal Wednesday, and its first ever in wrestling, when Chov Sotheara won the 45 kilogram women’s category after beating Laotian Saysamon Keovilyson and Filipino Maribel Jambora. “I’m so proud of myself to be a gold medal winner,” said Chov Sotheara. “Thanks for everyone, coaches, family. Now I’ve realised my dream.... [I’m] very happy.”

Meanwhile, Cambodia’s Try Sothavy won silver in women’s 51-55kg, while compatriot Chey Chanreaksmey claimed bronze in women’s 48-51kg. Try Sothavy was despondant after losing her last bout against Thailand’s Darunee Ora-In. “In the final round, I had a great start against Thai opponent,” she said through tears. “But so sad that I lost the chance [to win] in the last minute.”

Coach bemoans officiating

Despite the successes, Cambodian wrestling coach Thin Vichet noted his discontent with the match officials. “When my athletes should get a score, [the referees] didn’t award them,” he said. “Chum Chivinn should win gold on Tuesday, but with wrong decisions by the referees, he got only silver.... We have already lodged complaints about that, but we received negative responses. The athletes came here to compete for the medals, not to collect medals they’ve already prepared for us.”

Golds missed in the triples

Over at the petanque courts Wednesday, Cambodia looked poised to add to their two gold medals, having led the group in the preliminary stages of both mixed triples events. However, the one-man and two-women team, consisting of Khem Sopheak, Puov Chhourath and Un Sreya, lost heavily to Thai opponents 13-0 in their semifinals to take home the bronze.

Super semi but flat final

The one-woman and two-man lineup of Songvat Chakriya, Ya Chandararith and Heng Tha, played out a thrilling semifinal against the Thai team, which saw the Cambodians overturn a 2-10 deficit and emerge 13-12 victors, receiving raucous applause from the crowd.

The elation lasted just a few hours, until the team were upset 13-5 by their Vietnamese final opponents, to end up with the silver. “We were not too bad, but we lost many chances,” said Ya Chandararith. “However, I’m so happy to win more medals for the Kingdom.”

Tan Nysan loses semi to earn bronze again

Indonesia’s Lavinia Tananta will face compatriot Ayu Fani Damayanti in the women’s singles finals. AFP

Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:00 Ung Chamroeun

VIENTIANE

CAMBODIA’S Tan Nysan was simply outclassed by a rampant Cecil Mamiit of the Philippines Wednesday in his men’s singles semifinal. Mamiit completed a commanding 6-1, 6-2 victory over the Kingdom’s top man to stay on course for a historic third successive SEA Games men’s singles title.

Assistant coach Yi Sarin noted that Tan Nysan had been ousted by the same player and in the same round at the previous SEA Games. “Mamiit is a very good player with many years of experience,” he stated. “It’s not too bad for [Tan] Nysan.”

Tennis Federation General Secretary congratulated his player for achieving a second bronze at the SEA Games. “I’ll try to contact [our] sponsors to try to let my players compete in more friendly competitions with other players in the region,” he asserted. “Cambodian tennis will be recognised in the near future.”

In the accompanying men’s semifinal, Philippines sensation Treat Huey managed to squeeze past a resilient Danai Udomchoke of Thailand 7-5, 7-6 to set up an all-Filipino final today.

Earlier Wednesday Indonesia confirmed a gold and silver haul from the women’s singles, with compatriots Lavinia Tananta and Ayu Fani Damayanti beating Filipinos Denise Dy and Riza Zalameda respectively in straight sets. Tananta pushed past Dy 7-5, 6-4, while Damayanti made even less work of her opponent with a 6-3, 6-2 victory to book her place in today’s final.

Cambodia are on their way

Phnom Penh Post via CAAI News Media

Thursday, 17 December 2009 15:00 Dan Riley

The Kingdom is assured of a place in the WOVD World Cup semis

AFTER their resounding win over a jetlagged Poland in the opening game of the 2009 WOVD World Cup on Monday, the Cambodian disabled volleyball team stepped up a gear to triumph over a strong Slovakia outfit in their second match Tuesday.

Slovakia broke the nation’s hearts during the 2007 World Cup when they defeated the Kingdom team in the semifinals. However, all was avenged Tuesday, with the home team bolstered by a huge crowd at Olympic Stadium, spurring them to victory with drums, flags and passionate chanting.

The Slovakian team had introduced three new young players to their lineup but still depended on veteran spikers Josef Mihalco and Lubomir Novosad. Mihalco took to the court clearly nursing an injured leg, but Slovakia nevertheless claimed the first set 25-20.

The deficit ignited a Cambodian side who knew a loss would severely dent their dreams of gold. Captain Chhim Chhandy displayed great leadership, and Man Veasna, Pin Sarath and Chhoum Kong combined well to create a wall of blockers at the net and unleash some stinging spikes to clinch the second set 25-17.

Cambodia kept their momentum in the third, frustrating the Slovakian team into picking up a yellow card for dissent. The Europeans were starting to realise the determination of the host side, which sealed the set 25-21.

Never to be underestimated however, the Slovakians echoed the steely nerve of coach Helena Hankova, and took adavantage of a loss of concentration by the Cambodians. Slovakia’s Jan Kacmarik had a sublime set, zipping spikes down the sidelines to leave Cambodia’s Im Phiream sprawling in their wake. The visitor’s renewed vigour silenced the raucous stadium as they hammered Cambodia 25-13.

To their credit, the home team never dropped their heads, striding out for the fifth set looking stronger than ever. Slovakia in contrast were tired, and discipline was slipping. Josef Mihlaco, struggling with injury, slipped and never regained his mobility, with frustration spilling over to earn him a yellow card – his team’s second of the match.

Cambodia never looked back, and put on a real show to the delight of the crowd, sealing victory with a 15-10 score in the final set (deciding sets play to 15 points).

The stadium erupted into scenes of pure, undiluted, sporting ecstasy as the Cambodians were mobbed by media and fans alike.

The victory Tuesday guaranteed Cambodia a place in the semifinals Friday, and with a comfortable 3-0 win over India on Wednesday, the pressure is off ahead of their matches today against Malaysia and world champions Germany.

The Phnom Penh Post News in Brief

Phnom Penh Post via CAAI News Media

Tan Narith bags bronze

Thursday, 17 December 2009 15:00 Dan Riley

VIENTIANE – Cambodia recorded SEA Games bronze number 23 Wednesday thanks to Tan Narith’s performance in the men’s 52 kilogram Sanshou category of the Wushu competition.

Vietnam upset Thailand

Thursday, 17 December 2009 15:00 Dan Riley

VIENTIANE – Thailand fans were again left disheartened, as the women’s team lost to Vietnam in the final on Wednesday evening. After a goalless 90 minutes, and extra time period, the game went to a penalty shootout, with the Vietnamese capitalising on poor spotkicks by the Thais to win it 3-0.

Bourse edict discussed

Thursday, 17 December 2009 15:00 May Kunmakara

THE Securities and Exchange Commission of Cambodia (SECC) debated a draft prakas, or edict, on corporate governance for listed companies Wednesday in Phnom Penh, the latest stage in a bid to pass necessary regulations ahead of the planned launch of the stock exchange next year. The government plans to pass the measure before the end of the year. “Public companies that intend to issue securities will have to comply with the regulations defined in the prakas,” Ming Bankosal, director general of the SECC, said Wednesday. According to the draft, corporate boardrooms would have between five and 15 members.