KI Media: “Global Leadership Courses Available!” plus 24 more

KI Media: “Global Leadership Courses Available!” plus 24 more


Global Leadership Courses Available!

Posted: 06 May 2011 10:51 AM PDT

Dear All,

Forwarded from Socheata Poeuv:

"I'm teaching social entrepreneurship this July in Panama City, Panama with an organization called the Global Institute for Leadership and Civic Development. They have courses in Rome, Italy and Prague, Czech Republic this summer as well.

Please share this announcement to students (undergraduates) who might be interested in this opportunity?

They are welcome to reach out to me if they have any questions about the program. Also, they can find out more about the program through this website: www.globalleaders.info.

Socheata Poeuv
CEO
Khmer Legacies
soch@khmerlegacies.org

The Battle of the Temples

Posted: 06 May 2011 10:30 AM PDT

2011-05-06
Thitinan Pongsudhirak
Project Syndicate
Though the Thai-Cambodian border battles have involved tanks and heavy artillery, they are unlikely to degenerate into open, large-scale warfare. The ASEAN framework acts as a safety net and mutual commercial interests should ultimately prevail. But sporadic shooting and verbal antagonism between the two sides will continue, as Thailand's powers-that-be close ranks in a right-wing turn towards the symbols and institutions of royalism, entangling Hun Sen, who should have stayed on the sidelines, in the endgame unfolding in Bangkok.
BANGKOK – The military skirmishes between Thailand and Cambodia that have claimed more than two dozen lives, caused scores of injuries, and displaced tens of thousands of people since February are primarily attributable to domestic politics in both countries. Rooted in ancient enmities and the legacy of the colonial era, the fighting is damaging the entire region. So virulent is the dispute that even a short-term settlement will require third-party mediation. A secure peace will depend mainly on how the endgame to Thailand's domestic political crisis plays out in the coming months – and on Cambodia's willingness to stay out of this process.

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

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


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

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

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

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

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

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

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

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

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

Thitinan Pongsudhirak is Professor and Director of Chulalongkorn University's Institute of Security and International Studies in Bangkok. He is also a visiting professor at Johns Hopkins University's School of Advanced International Studies in Washington, DC.

Brain Food for ECCC

Posted: 06 May 2011 08:22 AM PDT

Beware lest you lose the substance by grasping at the shadow.

- Aesop


Response from Theary C. Seng

Posted: 06 May 2011 07:14 AM PDT

Dear Khmer Democrat:

I read your May 5 post on KI-Media with great interest, querying whether the Oeun mentioned by Ben Kiernan in The Pol Pot Regime: Race, Power, and Genocide in Cambodia under the Khmer Rouge, 1975-79 (1996) the same as Ta An mentioned by me in Case 004?

Genocide Cham killer Oeun of Region 41 same as Case 004 Ta An?

The answer is NO – the Oeun mentioned by Kiernan as Ke Pauk's brother-in-law is NOT the same as this Ta An (or Aon An) in ECCC Case 004. It's a bit confusing as Kiernan mentioned that this brother-in-law Oeun became the Deputy Secretary of the Central Zone, while more recent research and information say that it was Ta An who was the Deputy to Ke Pauk, the Secretary of the Central Zone. This conflictual information only further underlines urgently the need for the ECCC co-investigating judges to do their work with integrity for historical clarity.

Ta An – Deputy Secretary of Central Zone, Secretary of Region 41

From my recent research and conversations, Ta An of Case 004, who originated from Kampong Chhnang of the new West Zone, was sent to replace Chor Chhan (alias Sreng) as Deputy Secretary of the Central Zone.

Chor Chhan was Secretary of Sector/Region 41 and member of the former North Zone Committee. When former North Zone Secretary Koy Thoun (alias Thuch, alias Khoun) was transferred to Phnom Penh immediately after 17 April 1975 to take charge of the Ministry of Commerce, Ke Pauk (his Deputy) was promoted to Zone Secretary, and Sreng became Ke Pauk's Deputy. Then, the former North Zone split into two—a new North Zone and Central Zone; Ke Pauk was Central Zone Secretary and Sreng continued as his Deputy. After the purge of Koy Thoun in 1977, Sreng was subsequently arrested and sent to S-21, interrogated and executed there. Ta An of Case 004 replaced Sreng as Deputy Secretary of Central Zone, as well Secretary of Sector/Region 41.

Oeun, Ke Pauk's brother-in-law

There are two Oeuns mentioned by Kiernan: (i) Oeun who was the brother of Ke Pauk's who served as Secretary of Region 42 toward the end of the Khmer Rouge regime. He survived the purges and only died several years ago by natural causes. This Oeun was deeply involved in the killing of the Cham Muslims in Region 42; (ii) another Oeun who was Chairman of Military Division 1 of the North Zone, and then after April 1975, his division moved to Phnom Penh to become Division 310, was executed at S-21 in 1977.

For further information on Case 004 Ta An, see 6 May 2011 articles by The Cambodia Daily, The Phnom Penh Post, consolidated at www.thearyseng.com.

Best,

Theary C. Seng
Phnom Penh, 6 May 2011




My rights, my responsibility (Constitution) Series

Posted: 06 May 2011 07:04 AM PDT

Constitution of Cambodia (Sept. 1993)

CHAPTER IX: THE JUDICIARY

Article 134- New (Previously Article 115)

The Supreme Council of the Magistracy shall be chaired by the King. The King may appoint a representative to chair the Supreme Council of the Magistracy.

The Supreme Council of the Magistracy shall make proposals to the King on the appointment of judges and prosecutors to all courts.

The Supreme Council of Magistracy shall meet under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court to decide on disciplinary actions against judges or prosecutors.



Sacrava's Political Cartoon: Non-Interference

Posted: 06 May 2011 06:27 AM PDT

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Can ASEAN have bigger global role amid internal problems?

Posted: 06 May 2011 06:22 AM PDT

By Cundoko Aprilianto

JAKARTA, May 6 (Xinhua) -- The Association of Southeast Asia Nations (ASEAN) wants to have a bigger global role. But could the bloc materialize its goal amid ongoing internal rift among its own members?

ASEAN is facing a huge task to settle border issue between Cambodia and Thailand. Besides, Indonesia and Malaysia are in prolonged dispute over sea boundary.

The world needs to see that the ASEAN could resolve its own problem before allowing it to have a bigger voice in global issues.

ASEAN has made several achievements such as forming the ASEAN Humanitarian Center (AHA), rolling the ASEAN Maritime Forum and consolidating the ASEAN Inter-governmental Human Right Commission that was formed two years ago, among others.


And, for Indonesia, as the country is holding the chairmanship of ASEAN in 2011, it would be very advantageous for the country if conflict between Thailand and Cambodia could be resolved this year.

Spokesperson of the Foreign Ministry Michael Tene told Xinhua that the border issue is one that member countries must manage better.

"It does not mean that such issue is an excuse for us to be enemy. We just haven't yet to manage the issue well. We have to know that it needs years to put us in peaceful condition, and to attain the goal, negotiations and diplomacy must be put forward," said Tene.

On May 4, Cambodia replied to Indonesia, current ASEAN chair, about the acceptance of the 7th terms of reference (TOR) for the deployment of Indonesian observers to the border with Thailand.

If TOR for observers will be signed on the sideline of 18th ASEAN Summit here,it will be a success for the regional bloc to settle disputes among its members, observers said. ASEAN Charter provides for the establishment of dispute settlement mechanisms.

However, Cambodian academics voiced their skepticism over ASEAN 's capability to solve the problem of Thailand and Cambodia. In fact, they warned that the conflict can lead to a rift in this bloc.

"It's beyond ASEAN's ability to solve it out despite that the ASEAN is putting its strong efforts to mediate it," said Ros Chantrabuth, advisor to the Royal Academy of Cambodia.

In fact, Chantrabuth said that only the United Nations could solve the problem. "I believe that only the United Nations Security Council can help to tackle the Cambodian and Thai border conflict," he added.

He also warned that the Cambodian and Thai row could lead to the rift in the ASEAN, and the security stability in the Southeast Asian countries could be in jeopardy if the fighting still continues for a longer time without any intervention from the third party.

Meanwhile, Indonesia faces waters boundary with Malaysia for years and there is no sign that the two countries could solve the problem in near term.

Reports on the arrest of Malaysian fishing boats by the Indonesian authority and vice versa, emerged several times this year and 2010.

However, Indonesia is optimistic that ASEAN could voice more, at least in East Asian region. According to Indonesian Vice President Boediono, the country is firmly committed to ensuring ASEAN in a position to play the kind of regional role it aspired to.

"First, by enhancing its capacity and credibility to act together, and second by skillfully managing its relations with major neighboring powers," he said.

On Kem Sokha - Opinion by Or-Nor-No

Posted: 06 May 2011 06:18 AM PDT

Click on the letter to zoom in

Thailand Agrees on Deployment of Indonesian Observers at Border Area

Posted: 06 May 2011 06:12 AM PDT

2011-05-06
Xinhua

Thailand on Friday agreed on the deployment of Indonesian observers at its border with Cambodia, said Indonesian Foreign Minister Marty Natalegawa on the sidelines of the 18th ASEAN Summit.

"Thailand is very clear in stating that not only the discussion has been concluded but agreement has been achieved. Thailand is in full agreement with the terms of reference (TOR) for the assignment of Indonesian observers. There is no more negotiation for that," Marty told reporters after meeting with his Thai counterpart Kasit Piromya.

He said what remains now is the actual normalization of the agreement between the two sides and that the keyword is to create "conditions conducive" to the deployment of Indonesian observers.

However, he said, Thailand submitted a requirement for the withdrawal of Cambodian troops.


"I am sure Cambodia has its own view on that. Whether it is acceptable or not, from our perspective, we use the term ' conditions conducive' for the assignment of our Indonesian observer team," Marty said.

"We can proceed one step at a time as long as we have the necessary political will," he added.

Before meeting with the Thai foreign minister, Marty also talked with his Cambodian counterpart Hor Namhong over the issue. He said that on Saturday he will have further conversation with the two ministers on defining the "conditions conducive" to the assignment of observers.

Cambodia and Thailand invited Indonesia, the current rotating chair of ASEAN, to send observers to their respective border near Preah Vihear temple on Feb. 22 this year after the deadly clashes between the two sides on Feb. 4-7.

Indonesia agreed to send 15 observers to each border side in order to monitor a ceasefire, but since then the deployment has not been implemented as both sides did not agreed on the TOR.

The border between Thailand and Cambodia has never been completely demarcated. Cambodia's Preah Vihear temple was listed as a World Heritage Site on July 7, 2008. A week later, border conflicts arose because Thailand claims the ownership of 4.6 square kilometers of scrub next to the temple, which has triggered military build-up along the border and caused deaths on both sides.

Case 004 in the spotlight

Posted: 06 May 2011 06:07 AM PDT

Theary Seng (Photo: Roland Neveu)
Friday, 06 May 2011
James O'Toole
The Phnom Penh Post

Local activist Theary Seng has announced plans to file a civil party application at the Khmer Rouge tribunal against a trio of former cadres she says are the subject of investigation in the court's controversial fourth case.

Theary Seng identified the following three people as Case 004 suspects in a statement yesterday: Im Chem, a KR district chief in Banteay Meanchey province; Yim Tith, aka Ta Tith, deputy secretary of the KR's Northwest Zone; and Aom An, aka Ta An, deputy secretary of the KR Central Zone.

The tribunal has yet to confirm the identities of the suspects in this case, though Im Chem in particular has been widely suggested as a possible defendant.

Theary Seng's announcement follows a similar move last month in which she lodged a civil party application for Case 003 against former KR navy commander Meas Muth and air force commander Sou Met, both of whom have long been named as potential suspects. She said yesterday that the court's complete lack of transparency in its Case 003 and 004 investigations had pushed her to take her complaint public.

"These judges are hiding behind the confidentiality issue, they are abusing the confidentially issue," she said. "I'm taking my fight [to] the public arena because it's my only safeguard."


The tribunal's investigating judges announced last week that they had concluded investigation in Case 003, though the unnamed suspects in this case were not questioned during the investigation and no lawyers have been appointed for them. In addition, the court has made no effort to solicit civil party applications for the case, after nearly 4,000 people applied to participate in Case 002, nor to collect complaints that could aid in the prosecution of the suspects.

These developments have led tribunal observers to charge that the judges are intentionally botching the investigation under pressure from Prime Minister Hun Sen and other government officials who have expressed opposition to Cases 003 and 004.

Theary Seng said yesterday that her Case 003 civil party application had been rejected, but that she planned to appeal. Under court rules, prospective civil parties in the case have just eight more days to submit applications, though they have been given no indication by tribunal officials of the scope of the 003 investigation.

Theary Seng said she was "100 percent certain" that the identities of the suspects she had named in Cases 003 and 004 were correct, citing "conversations" and "public documents".

Tribunal officials reacted angrily last month to Theary Seng's naming of Sou Met and Meas Muth, calling it "reckless" and "irresponsible".

United Nations court spokesman Lars Olsen said yesterday that the court "has already made clear what it thinks about naming people in the public".

"We think it's unfortunate that this practice continues," he added.

Aom An, now 78, currently resides in Battambang province's Kamrieng district, according to research by the Documentation Centre of Cambodia. Im Chem, 66, is a district official in Oddar Meanchey province's Anlong Veng district, while Yim Tith – brother-in-law of murderous KR military commander Ta Mok – became a general in the Royal Cambodian Armed Forces following his defection to the government and currently splits his time between Phnom Penh and Battambang.

DC-Cam director Youk Chhang said "only the court" should disclose the names of suspects, though in a statement yesterday, he called for more transparency from judges at the Extraordinary Chambers in the Courts of Cambodia, as the tribunal is formally known.

"The millions of Cambodian survivors of the regime deserve to know what the ECCC is doing in their name, yet the Court has provided no meaningful information to the public about Cases 003 and 004 since the [judges] began their investigations 20 months ago," he said.

Clair Duffy, a trial monitor with the Open Society Justice Initiative, said she was "sympathetic" to victims concerned that the court would not give them the chance to participate in its third and fourth cases.

"[The investigating judges] have realised that the more people that have access to information about these investigations, the harder it's going to be to dismiss these cases," she said.

Indonesian observers on Thai-Cambodian border a "done deal"

Posted: 06 May 2011 05:58 AM PDT

May 6, 2011
DPA

Jakarta - A proposal to station 30 Indonesian observers along the contentious Thai-Cambodian border in a bid to reduce fighting between the two neighbours is a 'done deal,' Indonesian Foreign Minister Marty Natalegawa said Friday.

But he acknowledged that more work was needed to implement the deal.

'As far as the terms of reference are concerned (on the agreement), it's a done deal,' Natalegawa said after holding separate talks with his Cambodian and Thai counterparts in Jakarta.

'What remains now is how to operationalize the assignment of the Indonesian observer teams on the ground,' Natalegawa said. 'The big issue is to create conducive conditions.'


Creating those conditions is expected to prove contentious, observers said.

Thai and Cambodian troops have been engaging in skirmishes since mid-2008 over conflicting claims to a 4.6-square-kilometre plot of land that is adjacent to the 11th-century Preah Vihear temple perched on a cliff that defines their common border.

Fighting flared up again last month near two other temples 140 kilometres west of Preah Vihear, leaving eight soldiers dead on each side.

The conflict has turned into a hot topic at this weekend's summit of the Association of South-East Asian Nations (ASEAN), held in Jakarta, capital of the group's current chair Indonesia. ASEAN now holds two summits a year.

In an effort to facilitate a ceasefire between Cambodia and Thailand, Natalegawa in February proposed posting Indonesian observers along the border. That proposal has now been agreed to by both sides, he said.

The Thai Cabinet approved the proposal on Tuesday, but set the condition that Cambodia must withdraw its troops from Preah Vihear temple first.

'We never can withdraw our troops from our own territory. That should be very clear,' Cambodian Foreign Minister Hor Namhong said in Jakarta.

Although the two countries have overlapping claims to land near Preah Vihear, the temple itself was judged to belong to Cambodian by the International Court of Justice (ICJ) in 1962.

Cambodia last week petitioned the court to clarify its 1962 ruling to determine which country has sovereignty over land near the temple.

The appeal to the ICJ could undermine the role ASEAN is attempting to play as a peace-maker in its own region, a role that Natalegawa has been pushing during the Indonesian chairmanship.

'The risk of delay is very real,' Natalegawa warned. 'As a person I have infinite patience, but as the chair of ASEAN we all need to see some progress.'

He said that the issue over troop withdrawal from Preah Vihear is an issue that might be resolved through bilateral talks between Cambodia and Thailand, which have set up two joint commissions to handle the issue.

Khmer Rouge victims urge transparency from court

Posted: 06 May 2011 05:51 AM PDT

May 6, 2011
AFP
Frustrated with the lack of transparency at the court, another regime survivor took the unusual step of publicly naming all five suspects in a press release on Thursday. The move puts author and human rights activist Theary Seng at risk of being in contempt of court, legal experts said.
PHNOM PENH - SURVIVORS of the brutal Khmer Rouge regime have urged Cambodia's UN-backed court to be more transparent about two politically sensitive new cases against war crimes suspects.

The court, dogged by allegations of political interference and strapped for cash, has yet to announce whether it will go ahead with a third and fourth case against five unnamed members of the brutal 1975 to 1979 regime.

Despite 20 months of investigations, the court 'remains weak in providing meaningful information to the victims' about these two cases, prominent Khmer Rouge survivor Youk Chhang told AFP.


'The millions of Cambodian survivors of the regime deserve to know what the (court) is doing in their name,' said Mr Youk, the head of the Documentation Centre of Cambodia, which researches Khmer Rouge atrocities.

Frustrated with the lack of transparency at the court, another regime survivor took the unusual step of publicly naming all five suspects in a press release on Thursday. The move puts author and human rights activist Theary Seng at risk of being in contempt of court, legal experts said.

Tribunal monitors have in recent weeks said they expect both cases to be dropped though the court has remained tight-lipped about any new developments. 'The court is being too secretive in relation with these cases,' Clair Duffy from the rights group Open Society Justice Initiative told AFP.

Laos agrees to swap Asean chair in 2014

Posted: 06 May 2011 01:22 AM PDT

Friday, May 06, 2011
The Nation
Jakarta

Laos has agreed to swap with Burma for the chairmanship of Asean in 2014, The Nation has learned.

At the senior official meeting, the Laotian officials said that they would not mind switching with Burma with its chair in 2014. Cambodia and Brunei will the Asean chair in 2012 and 2013 respectively.

After the setting up of a new civilian government under President Thein Sein at the end of March, Burma wrote to the Asean leaders that the country was ready to resume the chair, which it skipped in 2015 due to pressure from Asean.


At the recent special meeting in Bangkok, the Asean foreign ministers said that the resumption of chairmanship is not automatic and it would depend on the situation on the ground. Asean has proposed to dispatch a fact finding team to Burma to access its readiness and overall situation. So far, Nayphidaw has not yet responded.

When the Asean leaders meet at their retreat later tonight in Jakarta, they have to decide whether to defer the matter or make the decision right away. Other issues on the agenda include the modality of East Asia Summit, the implementation of Asean Connectivity, the future of Asean in a global community.

Indonesia switched its 2013 chairmanship with Brunei for the rotation this year.

ASEAN adrift in Thai-Cambodian conflict

Posted: 06 May 2011 01:17 AM PDT

May 7, 2011
By Ou Virak
Asia Times Online

PHNOM PENH - Two series of clashes between Thailand and Cambodia over disputed temples and territories along their shared border have left 29 soldiers dead this year while as many as 85,000 civilians have been displaced on either side of the border since hostilities resumed on April 22. The shots and words exchanged over the border and the apparent reluctance of either side to resolve the situation have bankrupted both governments of any moral authority on the issue.

Against this background, the meeting this weekend of the leaders of the Association of Southeast Asian Nations (ASEAN) represents an opportunity for that organization to do as the Thai and Cambodian governments have failed and to put people before politics by pushing concrete measures to end the human suffering caused by the ongoing clashes.

Theories abound as to the motivations for these clashes with many commentators concluding that their proximity to elections in Thailand indicate that they serve some internal political end for the Thai government of Abhisit Vejjajiva or some renegade nationalist military generals.

Others argue that the clashes are designed by Cambodian prime minister Hun Sen to rally nationalistic sentiment in an attempt to avert attention from domestic problems such as mass land evictions and recent and forthcoming laws that erode civil liberties or to bolster the military credentials of his son and heir in waiting, Hun Manet, who was recently promoted to two-star general and who is said to be taking charge of troops at the border.


Whatever the cause - and it may be that it is a combination of these factors - both governments appear less inclined to resolve the issue and ease tensions than they are with stoking them. For every ceasefire broken in recent days, either side has offered an explanation as to how the other side is to blame. Of even greater concern are the accusations being leveled by each side as to the other's use of illegal and disproportionately harmful weapons and tactics employed throughout the hostilities.

Thai sources accuse Cambodia of using heavy artillery and rocket launchers, using the temples as military bases and civilians as human shields to escalate the conflict in order to justify international intervention and condemnation of Thailand. Cambodia has claimed that Thai aircraft overflew its territory and that the Thai military has used disproportionately harmful weapons such as shells loaded with poisonous gases and cluster munitions, which leave a lasting legacy by releasing bomblets over a large geographical area. Cluster munitions often fail to explode on impact and are capable of exploding at a later date.

Thailand has not admitted to the use of cluster munitions in the recent conflict. However, based on two separate on-site investigations in Svay Chrum Village, Sen Chey Village and around the Preah Vihear temple after clashes in February 2011, the United Kingdom-based Cluster Munition Coalition concluded, and Thai officials subsequently confirmed, that Thailand used cluster munitions during the earlier conflict.

While there is no current evidence to suggest that Thailand - which provides electricity to much of the western parts of Cambodia - is responsible for three power failures that have occurred during the recent conflict, comments made by Thailand's energy minister and Provincial Electricity Authority governor to date suggest that the decision to cut the electricity supply is still being discussed and has not been discounted.

It is difficult to verify the accusations made by either country, including determining which country is responsible for the continual violation of ceasefires, as third party observers have been unable to access the area. The very fact that these accusations are being made means that this is a dirty war either in deeds or in words - ie in the conduct of the parties to conflict or their characterization of it.

At the very best, both sides are bereft of any bona fides in the manner in which they portray these clashes and the tactics being used by the other side and are looking to mislead audiences at home and abroad. At worst, one or both sides may be guilty of acting in violation of international humanitarian law by using tactics and weapons that cause harm to civilians or which result in damage to cultural property.

The recent application by the Cambodian government for a ruling by the International Court of Justice on the ownership of land adjoining the temple at Preah Vihear may contribute to a final resolution to the issue of ownership of the land in question. In the short term, however, the move is less likely to ease tensions between the countries than it is to stoke them.

Reports in recent days that the Thai and Cambodian governments are allowing civilians to return to border areas before a satisfactory resolution is negotiated underlines the fact that the people along the border are of less concern to both governments that the politics associated with it.

When ASEAN leaders meet in Jakarta this weekend, it is the deaths of the 29 Thai and Cambodian soldiers, the well-being of the 85,000 people displaced on either side of the border and the immediate cessation of hostilities that should be at the top of their agendas.

Whatever the specific motivations behind the conflict, it is clear that actors on both sides have placed politics before the lives and well-being of their people. It is equally clear that these hostilities are unlikely to end for as long as they remain a bilateral issue between Thailand and Cambodia.

The conduct of both countries' militaries and the mendacity of their governments can only be brought into line by the internationalization of the issue. So far international efforts, including a broken agreement to allow Indonesian observers to monitor the situation on both sides of the border, have failed to halt the hostilities. To maintain ASEAN's credibility and relevance, the grouping must take a more assertive lead in mediating the tensions before it spirals into a wider conflict and more severe humanitarian disaster.

Ou Virak is president of the Phnom Penh-based Cambodian Center for Human Rights.

Cambodia: Our troops will not leave

Posted: 06 May 2011 12:21 AM PDT

6/05/2011
Achara Ashayagachat
Bangkok Post

Cambodia would not withdraw its troop from its own territory and was still waiting for Thailand's agreement on the Jakarta-prepared term of reference (TOR), said Cambodian Foreign Minister Hor Nam Hong after emerging from the 30-minute talks with the Asean chairman, Indonesian Foreign Minister Marty Natalegawa, at the Jakarta Convention Centre on Friday.

Mr Hor Nam Hong said the problem of the border conflicts clearly remained on the willingness of Thailand to agree with the deployment of Indonesian observers' TOR.

"Cambodia has already exchanged letter of acceptance to Indonesia's proposed TOR on May 2 and we hope Thailand do likewise," said the Cambodian minister.

He thanked Mr Natalegawa on his efforts to address the border conflict and look forward to see such a deployment.

Mr Natalegawa also thanked Cambodia for the formal agreement of the term of reference which Indonesia has proposed at the special foreign ministers' meeting in Jakarta, right after the meeting at the United Nations in New York. The UN General Assembly has tasked Indonesia to help facilitate the border solution of the regional partners of Asean as Jakarta was the current chair this year. Cambodia would take the annual alternate chairmanship next year.


Thailand has lobbied for a bilateral meeting during the 18th Asean summit, however, Cambodia was not interested in either meetings between foreign ministers or prime ministers, diplomatic sources said.

Cambodia's Prime Minister Hun Sen is arriving today. Possibly, he would speak about the border disputes when the summit begins tomorrow (7) due to the alphabetical order of the summit seating, sources said.

Diplomatic sources said Phnom Penh was taking beyond-Asean strategy, however, they wanted to show goodwill about possible option of the trilateral meeting at the sideline of the summit here to save the face of Jakarta, who has been embarrassed due to Thailand's military no-show at last month meeting in Jakarta.

Cambodia, sources said, was looking forward to the 30-31 May hearing at the International Court of Justice in the Hague on the Preah Vihear disputes.

The Asean chairman said before meeting with Foreign Minister Kasit Piromya at 12.30 that he hoped trilateral meeting could be held later today.

Cambodia has agreed with the three proposed locations Ta Sem, Chak Chreng and Pram Makara for the deployment of Indonesian observers on its side, while the Thai cabinet agreed on Wednesday to accept Indonesian observers to Cambodian-Thai border on conditions that there would not be foreign troops on the disputes territory including at Svay Chhrum.

Human rights group says Myanmar chairing ASEAN would turn the grouping into a 'laughingstock'

Posted: 06 May 2011 12:11 AM PDT

May 06, 2011
Niniek Karmini
The Associated Press

JAKARTA, Indonesia - Southeast Asian nations should reject Myanmar's request to chair their regional grouping in 2014 unless the government releases political prisoners and takes other concrete steps to improve human rights, a U.S.-based rights group said Friday.

Leaders of the 10-member Association of Southeast Asian Nations, or ASEAN, will gather in the Indonesian capital over the weekend to discuss regional security, economic developments and strategies to boost transportation links in the region.

Among those attending will be Myanmar's president, Thein Sein, who heads the military-backed party that overwhelmingly won general elections late last year.

After arriving in Jakarta on Thursday, Thein Sein asked Indonesian President Susilo Bambang Yudhoyono, ASEAN's current chair, to back Myanmar's bid to take over the position in 2014.

Yudhoyono agreed to raise the issue at the leaders' summit, and some countries have already indicated they would not oppose.

"Rewarding Burma with ASEAN's chairmanship after it staged sham elections and still holds 2,000 political prisoners would be an embarrassment for the region," Elaine Pearson, deputy Asia director at New York-based Human Rights Watch, said in a statement. Myanmar was formerly known as Burma.


Pearson said such a decision would turn ASEAN into a "laughingstock."

The regional grouping is supposed to rotate its chair between member countries — Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam — every year.

Myanmar was forced to skip its turn in 2005, however, after coming under heavy pressure from the international community over slow progress on national reconciliation and human rights.

Human Rights Watch said Friday that — despite Myanmar's recent release of democracy leader Aung San Suu Kyi — much more needs to be done.

In addition to the release of political prisoners, member states should set clear benchmarks for Myanmar to earn the right to be chair, including dialogue with all political and ethnic parties, the group said.

Cambodia rejects Thai demands over temple troops

Posted: 06 May 2011 12:07 AM PDT

06 May 2011
AFP

JAKARTA: Cambodian Foreign Minister Hor Namhong on Friday rejected a Thai demand to withdraw troops from an 11th-century Khmer temple at the disputed border, saying Bangkok was not sincere about peace.

"We never can withdraw our troops from our own territory. That should be very clear," Hor Namhong told reporters after a meeting in Jakarta with Indonesian Foreign Minister Marty Natalegawa.

The Indonesians are trying to broker a ceasefire and the deployment of neutral military observers to the flashpoint area on the Thai-Cambodia border where some 18 people have died in fighting in recent months.

The issue is likely to be discussed at a summit of Association of Southeast Asian Nations (ASEAN) leaders in Jakarta starting on Saturday.


Both countries have accused each other of sparking the violence, which centres on territory surrounding the 11th century Preah Vihear temple, the most celebrated example of ancient Khmer architecture outside Cambodia's Angkor.

The World Court ruled in 1962 that the temple belonged to Cambodia but both countries claim ownership of a 4.6 square kilometre (1.8 square mile) surrounding area.

The temple was granted UN World Heritage status in 2008.

Cambodia has previously denied it has troops stationed at Preah Vihear itself, although it has soldiers in the contested area.

The neighbours agreed in late February to allow Indonesian observers near Preah Vihear, but Thailand has been dragging its heals on their deployment as fighting continues.

"The problem is the willingness of Thailand to accept the observers or not, that is the real problem," Hor Namhong said.

Indonesia holds the current chair of ASEAN and has been trying to use its position to broker an end to the hostilities, which are undermining ASEAN's ambitions to create a closely integrated community by 2015.

Natalegawa said Cambodia had agreed to the terms of the observer mission but Thailand was insisting on the withdrawal of Cambodia's troops from the temple.

"We're ready (to send observers) but Thailand is saying that before the deployment of observers can be made, they require the redeployment of Cambodian troops out of the temple," he said.

"This issue is not governed in the terms of reference. It's outside the terms of reference proper. This is where we are now."

UN Secretary-General Ban Ki-moon has called for a ceasefire and said the neighbours should launch "serious dialogue" to resolve the dispute, which temporarily displaced about 85,000 people.

Premiere of FACING GENOCIDE in Cambodia at Meta House this Wednesday, 18 May 2011

Posted: 06 May 2011 12:00 AM PDT

Khieu Samphan in Facing Genocide


What:
"FACING GENOCIDE"
NEW FILM ABOUT KR LEADER KHIEU SAMPHAN

When:
WED, 18/05 at 7PM

Where:
META HOUSE PHNOM PENH
IS THE GERMAN CAMBODIAN CULTURAL CENTER.
Address: #37, St. Sothearos Blvd, Phnom Pehn. Cambodia
Tel: (+855)10 312 333
Email: mesterharm@gmx.net

Synopsis:
Khieu Samphan was one of the closest collaborators of Pol Pot and the one the fronted the KR movement. He has succeeded in living his life without being held accountable for the Khmer Rouge crimes, until his arrest in 2007. Swedish filmmakers D. Aronowitsch & S. Lindberg have followed him two years before his arrest. FACING GENOCIDE (94 mins, 2010) is a search into the personality of Khieu Samphan. The film gives insight into his mindset and his close relation to Pol Pot. It is a unique story about an ex-leader, the time before his arrest and before he is put on trial. Film is presented by lawyer/book author Theary Seng, one of the film's protagonists.

Letter sent to the ICJ by Mr. Yin Sem, a former KR mole in the Lon Nol regime regarding the KR genocide

Posted: 05 May 2011 11:53 PM PDT



(Unofficial translation from French by Luc Sâr)

Mr. Yin Sem

To: International Court of Justice
Peace Palace
Carnegieplein 2
2517 KJ The Hague
Netherland

Marseille, 28 April 2011

I was born in Svay Rieng, Cambodia, on 12 December 1942. I was a teacher in Cambodia between 1960 and 1970; a cadre of the Ronakse [communist front] responsible for intelligence collecting missions for the People's tribunal. I was sent by the [Khmer Rouge] Angkar [organization] to [infiltrate] in Mr. Lon Nol's Khmer Republic in 1973. I was then an army officer [in the Lon Nol regime] holding a rank of lieutenant, working in the military intelligence service (known as 2nd Bureau) between 1973 and April 1975. I then belonged to Division 304/K11, and I was then in charge of pointing out all officers I knew who would be susceptible to sabotage the then-current [Lon Nol] regime. I decided to quit the Ronakse on March 9, 1975.

With this letter, I declare to the International Court of Justice (ICJ) that, due to my position and rank in the army, I had to participate in the genocide orchestrated by the [Khmer Rouge] Angkar.

Today, through my declarations, I would like to testify to the ICJ on the massacre of two million Cambodians – a testimonial that appears important to me vis-à-vis the difficulties in assembling elements of the investigation in this case – so that light can be shed [on this case] and so that true responsibilities could be revealed since the investigation into this case appears to be on a dead end [especially] in regards to the true history of this genocide.

I avail myself to the court so that I can be heard in this case, and I stand ready for any summons that the court deems necessary sending them to me.

(Signed) Mr. Yin Sem

Som Niyeay Phorng - Op-Ed by Angkor Borey News

Posted: 05 May 2011 11:26 PM PDT

Krom Pret asks to share Hun Xen’s bed government

Posted: 05 May 2011 11:04 PM PDT

06 May 2011
Everyday.com.kh
Translated from Khmer by Soch
Dear Readers: We apologize for the countless mistakes in this translation. The news was so emotional, that we could barely control our emotion, thus the mistakes. We hope you will understand.
The president of the Norodumb Norodom Ranariddh Party (NRP) appealed to the CPP to rethink anew about forming a joint harem government together following the 2013 election because he claimed that the NRP is the authentic royalist party, whereas the Funcinpec party, which is currently the CPP's government partner, is not the authentic royalist party. In a declaration made in front of about 100 party members in Tuol Kok district on Thursday, Samdach Krom Pret Preah Norodumb Norodom Ranariddh said: "I am begging asking the CPP to understand that the royalists constitute the national prostitute force. The CPP already has its national force, and if the two forces get in bed together unite, then it will bring in more bastards betterment."

Cool in Cambodia

Posted: 05 May 2011 10:35 PM PDT

Belgian photographer John Vink and his wife built a two-story home in Kep, Cambodia (John Vink/Magnum Photos)


May 6, 2011
By Mike Eckel
The Wall Street Journal

Belgian photographer John Vink spent years splitting his time between Europe and Southeast Asia, shooting photographs of refugees in war-torn countries. Since 2000, he's traveled a little less—going between Cambodia's capital, Phnom Penh, and the sleepy coastal town of Kep. But in early 2009, he decided to build a permanent place in the hills outside Kep.

The 62-year-old and his wife already owned several properties in the capital city. But he says they wanted to escape Phnom Penh's incessant noise and pollution.

Mr. Vink bought the 2,000-square-meter lot from a local religious order that was moving its pagoda to a new location, and paid about $5 a square meter for the scrubby, jungly property. The nearby hills obscure the view of Kep's shoreline over the Gulf of Thailand, which is why he says he paid less than the going rate for Kep property, which he estimates is about $100 a square meter. Instead, the home, which sits on a hillside roughly 60 meters above sea level, has a sweeping view of the Kampot plains to the northwest.


Mr. Vink hired Phnom Penh-based French architect Julien Sellon to build the 160-square-meter, two-level abode set onto the hillside with stilts. He worked with a French-trained Cambodian contractor, and got the bulk of the construction materials locally, with the exception of a few things, such as imported steel and cement.

Building on a hilltop is unusual in Cambodia because of cultural customs and costs, says Mr. Vink, so he faced some challenges in ensuring that he had an experienced contractor and proper permits. At one point a month after construction began, he thought all the permits were in order, until an inspector from the local environmental protection office showed up and ordered a halt to the project. But $300 in "fees" later—a sizeable sum in Cambodia—the necessary permits were obtained and the project moved forward, Mr. Vink says.

Built at a cost of about $170,000, including permits, architecture plans and construction materials, the house is newly completed, but Mr. Vink is still furnishing it and landscaping is a work in progress.

Native grasses, low jungle vegetation, plus the planned addition of various trees—cashew nut, mango, lemon and grapefruit–will eventually create a lush outdoor ambience. Three terraces and other landscaping will link the house to the swimming pool, set about four meters below.

To blunt the effect of the often-piercing sun, the architect, Mr. Sellon, decided to cover the southern-facing side of the house with steel horizontal louvers. They're set away from the exterior wall by about one meter and function as a sort of Venetian blind, allowing shaded air to circulate along the sunny, south wall. Mr. Vink says he plans to put in greenery to grow up and down alongside the louvers.

The steel louvers also cover the top half-meter of the western and northwestern sides of the building, above the balcony, shading the living area—which has three-meter-high ceilings—from the midday sun.

Building an environmentally efficient house was part of the goal, says Mr. Vink. A rooftop passive solar water heater helps keep monthly electricity costs to about $100 or so (to power some appliances and the pump filter for the pool). He's looked into wind power, and says he hopes to eventually install photovoltaic solar panels to generate electricity. And he's considered putting a "green" roof on top—growing vegetation on the roof to provide insulation from the sun.

An environmentally friendly cooling system was central to the plan: A chimney-type design is built into the middle of the house, and functions as a wind-driven cooling system. Air rises from ground level after passing over a small, artificial pond (filled with fish, frogs and lily pads) and draws the water-cooled air up to the second-level living area, before moving out through a vented skylight. Mr. Vink says the sea winds that travel to the hills provide a constant breeze moving into, up and out of the house, eliminating any need for air-conditioning.

The home's three bedrooms all have a three-level, split layout, so that you can see the view from the window while sleeping or standing. The top-most opening is shaded by louvers and is open to the outside. The steady wind circulating through house, according to Mr. Vink, keeps the mosquitoes at bay.

Like all construction projects, there were a few blips: Mr. Vink says thieves have twice swiped the copper wires that run electricity up the one-kilometer hill from the road to the house. But those headaches are a small price to pay for a home and a view that, he says, "Cleans the head and gives a bit of room to contemplate the world."

War, Elections, and Sexuality

Posted: 05 May 2011 10:21 PM PDT

May 6, 2011
By Mong Palatino
The Diplomat Blogs

War, elections, and teenage sexuality are the top media stories of the first quarter of the year, at least as far as Southeast Asia is concerned.

The border dispute between Cambodia and Thailand has grabbed global attention because of intensified fighting between the two sides' troops since February. The recent skirmishes have already resulted in dozens of deaths and injuries while also forcing the evacuation of thousands of civilians living near the border.

The stability of the region is at stake if this little war between two formerly friendly neighbours explodes into a full-blown confrontation. It could even ignite numerous other border disputes in the region that remain unsettled to this day. The big loser here, of course, is the Association of Southeast Asian Nations (ASEAN), which proved to be extremely ineffective in resolving what was supposed to be just a minor border spat.

Perhaps ASEAN leaders failed to see the need to intervene in the Thailand-Cambodia row since their leaders were too focused on winning their respective local elections. Singapore, for instance, will go to the polls this weekend while a state election in Sarawak, Malaysia was held last month. Vietnam's Communist Party elected its new Central Committee last January, while Laos elected new members of parliament last week. Meanwhile, newly-elected members of Burma's parliament began work at the start of the year. Thailand's Prime Minister, on the other hand, has agreed to dissolve his parliament so that elections can take place in July.


Malaysia's ruling party dominated the Sarawak polls, but its comfortable lead in past elections was substantially reduced and its diminished numbers could hurt its chances in the next national elections.

Singapore's ruling party, the People's Action Party (PAP), is also encountering a similar problem as it struggles to retain its dominance in the coming general elections. For the first time since capturing state power in 1959, the PAP isn't certain of achieving a landslide victory in the polls as it finds itself alienated from the young electorate. Furthermore, opposition parties seem more successful in articulating the problems faced by Singaporeans today.

Wars and elections have clearly loomed large in the past four months in the region, but Southeast Asians were also entertained, distracted, and scandalized by stories of sexuality. For example, in Thailand, the annual Songkran Water Festival was overshadowed by news about three topless teenagers dancing on top of a car in Bangkok. The incident generated an intense debate on what constitutes Thai culture and morality.

In Malaysia, alleged sex videos of opposition personalities were exposed, but it's been news of a government boot camp for suspected gay youth that's really bothered many people. The boot camp was readied in the state of Terengganu for 66 male secondary students who supposedly showed 'some feminine characteristics,' in order 'to correct their behaviour.' Many were shocked with this proposed treatment, but were in the end relieved to learn from authorities that the camp isn't intended just for effeminate youths.

In the Philippines, a popular TV host was accused of child abuse when a child contestant in a variety programme was forced to perform a sexy dance number. The show was eventually suspended as local TV networks reviewed their rules and standards governing child performers.

Let's hope that the rest of the year will prove more positive for everyone in this region.

Latest posts on CambodiaWa​tch blog as of 6 May 2011

Posted: 05 May 2011 09:59 PM PDT

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Conflict could hurt ASEAN, no top-level talks scheduled

Posted: 05 May 2011 09:40 PM PDT

Fri, 05/06/2011
Yassine Majdi and Sri Wahyuni
The Jakarta Post, Jakarta

The lack of a scheduled meeting between the Thai and Cambodian leaders on the sidelines of the ASEAN Summit this weekend to solve a border crisis threatens to derail regional integration and is an embarrassment to the grouping, critics say.

Thai Prime Minister Abhisit Vejjajiva indicated Wednesay he had no intention of holding talks on the border clashes with Cambodian Prime Minister Hun Sen in Jakarta. "I met Hun Sen four times late last year, and then in February clashes erupted," Abhisit told the Bangkok Post in the Thai capital.

"And I insist that each clash is not an accident. It is an intention to internationalize the issue."

The Cambodian-Thai dispute over the area surrounding the Preah Vihear Temple began in 2008.

Indonesia, the current chair of ASEAN, "proposed both countries solve the issue at the regional platform", Foreign Affairs spokesman Michael Tene said.


But any attempt by Indonesia to mediate has proved fruitless because of Cambodia's attempt to internationalize the dispute by turning to the UN Security Council and Thailand's refusal to bring in external participation, Adinda Tenriangke Muchtar, the program director at the Indonesian Institute, said.

Both Michael and Adinda agreed that the conflict would slow down the construction of the ASEAN community, which regional planners want achieved by 2016.

Adinda said the issue would prove to be a test of ASEAN's ability to turn the region into a community.

Michael insisted Indonesia was concerned about the latest developments and would continue to mediate as chair of ASEAN.

Another obstacle brought about by the dispute is the upcoming Thai parliamentary election scheduled for July. "This can slow down negotiations since nationalists will highlight this dispute as part of the national agenda. The current government is now under scrutiny over this issue," Adinda said.

The dispute will certainly be at the center of talks at the ASEAN Summit on the weekend, with Indonesian Foreign Minister Marty Natelagawa declaring "the conflict would be discussed at the ASEAN Summit on a bilateral and multilateral basis".

Civil society organizations attending the ASEAN Civil Society Conference/ASEAN Peoples' Forum in Jakarta on Thursday called on ASEAN to immediately impose a cease-fire to the fighting.

"Bilateral talks have proven ineffective, so it is crucial for ASEAN leaders to play a leading role in ending the conflict," Cambodian Human Rights and Development Association president Thun Saray said.

"ASEAN should deploy observers along the disputed border area as soon as possible and promote its role to maintain a permanent cease-fire in the region," Thai national Suntaree H. Saeng-ging said, reading out the joint statement with Thun Saray.

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