KI Media: “In Cambodia’s capital, the real estate development pushing out thousands of low-income residents” plus 24 more |
- In Cambodia’s capital, the real estate development pushing out thousands of low-income residents
- Cambodia means serious business [... if only the author knows the price Cambodia has to pay for!!!]
- What Religious Freedom Means in Vietnam
- Groups Warns Against Web Censorship
- Rule of Law Strongest in Rich Nations, Weakest in Poor [-Tell that to the UN about the third-rate ECCC!!!]
- UN denies halting Khmer Rouge investigation [... yet, it does nothing to instill confidence in the KRT!!!]
- With Staff Exodus, Possible Woes for Tribunal Investigators
- UN rejects allegations that it interfered in work of Cambodian genocide court [-Would the UN be willing to let go of Siegfried Blunk and You Bunleng for their incompetence?]
- On Cambodia Genocide Court & UN Quittings in Protests, Ban Ki-moon Puts Off Substantive Comment for 2d Term
- Cambodia needs to change, adapt
- Casino players keep the faith
- Sunlabob wins World Bank tender to install 12,000 Solar Home Systems in Cambodia
- Senior CPC official meets Cambodian delegation [...the Hun-See-Khtech delegation]
- Cambodian Khmer Rouge tribunal under scrutiny
- Cambodian Khmer Rouge Tribunal Monitor Calls for UN Investigation into Judges
- Vietnam signs military order amid tensions
- ACU declines to set deadline for officials [-Does ACU stand for Ah See Yoo (eat for a long time) in Khmer?]
- AKRVC - Making Booklets of Closing Order of Case 002 Available for Trial Hearings and High Schools
- Key Recommendations of OSJI June 2011 Update
- Convention on the Rights of the Child
- ECCC officially embracing IMPUNITY
- My Rights, My Responsibility (Constitution) Series
- Statement by The International Co-prosecutor [Andrew Cayley]
- CCHR calls for the ECCC to conduct a full and proper investigation into Case 003 and 004
- 1,000 Cambodian troops join in exercise with firing of live ammunition
| In Cambodia’s capital, the real estate development pushing out thousands of low-income residents Posted: 14 Jun 2011 04:50 PM PDT
Free Speech Radio News In Cambodia's capital, a massive real estate development is pushing thousands of low-income residents to the outskirts of the city. Critics say it's symbolic of a deepening land crisis, which has seen tens of thousands of people across the country removed from their homes over the last decade. Reporter Irwin Loy has more from Phnom Penh where residents in a disappearing community fear they could be next. Click on the control below to listen to the Audio program  | ||||
| Cambodia means serious business [... if only the author knows the price Cambodia has to pay for!!!] Posted: 14 Jun 2011 04:44 PM PDT  By reddotrevolver AsianCorrespondent.com A recent post by The Economist turned the spotlight on Cambodia. The focus was not on the sublime beauty of its historical sites nor was it on its notorious child-sex industry. The attention was on how fast Cambodia is industrializing and building up its infrastructure. According to the post, Phnom Penh is in the process of building a new container terminal, and plans to build two new ports. Mekong is described to be a potential "commercial highway." Two major players, or rather rivals, are said to be fighting for a larger slice of the pie in Cambodia: China and Vietnam. Half of Cambodia's foreign investment comes from China. However, Cambodia is not just a silent recipient of foreign investment from other Asian and Southeast Asian nations, in my opinion. Cambodia has liberalized trade with its neighbors. More importantly, it appears that its government officials and agencies are making commendable efforts in advancing foreign business interests in its country. A travel brochure from a Malaysian travel agency features a 4-day business trip to Cambodia. The itinerary is filled with business meetings with Cambodian officials, representatives from the Cambodian Chamber of Commerce, as well as a tour of the Olympic and Orussey markets. This is an example of what Cambodia is doing in Malaysia: business tourism. Cambodia might very well be promoting business tourism in many other parts of the world. As Asian and Western nations try to tap into the nascent Cambodian market, the Khmer reaches out and courts other nations as well. It is fascinating to see Cambodia modernize and to take advantage of business opportunities that are presented to them, and that they have created for themselves. Perhaps they might modernize the same way as China, perhaps not. It would be interesting to see how this turns out.  | ||||
| What Religious Freedom Means in Vietnam Posted: 14 Jun 2011 04:27 PM PDT June 12, 2011 By Michael Benge American Thinker For many Vietnam veterans, Memorial Day was for remembering not only those Americans who died in the Vietnam War, but also our counterparts -- the Vietnamese, Laotians, and Cambodians who died fighting for freedom, and for all who still suffer persecution under the brutal communist regimes of those countries. It seemed that Vietnam's wave of human rights violations and religious persecution might have peaked with the arrest and detention of over 1,500 activists for democracy, human rights, and religious freedom prior to the nation's 11th Congress of the Communist Party, but the brutal communist regime may have outdone itself with last month's reported slaughter of over 75 ethnic Hmong Christians. Hundreds more were wounded and/or arrested and taken to undisclosed locations. An estimated 9,000 Hmong, mainly Catholics and Protestant Christians, gathered in the Muong Nhe district in North Vietnam's Dien Bien province on May 1 to honor the beatification of Pope John Paul II. According to Catholic sources, the late "Polish Pope," who had opposed both fascist Nazis forces and communist totalitarianism, is a source of inspiration to many Vietnamese, Laotian, Cambodian, and Hmong Christian believers due to the courageous moral conduct of his life and his powerful call to "be not afraid" in challenging social injustice and Stalinist-type regimes around the world. The religious services honoring the pope evolved into peaceful protests by Hmong seeking religious freedom and the cessation of human rights abuses, institutional corruption, social injustice, and land-grabbing. Dien Bien is one of Vietnam's poorest provinces, located in the remote and mountainous area bordering Laos and China. The province's estimated 170,000 Hmong represent 35 percent of its population (1.24% of VN's total), with the Hmong earning less than a tenth of the average annual income of the Vietnamese. As was the case during similar protests by Montagnard Christians in 2001 in the Central Highlands, and in true fascist form, communist officials overreacted by deploying thousands of troops, special police, and MI-24 "Hind" helicopter gunships. All outside communication was shut down, the electricity was cut off, the province was cordoned off to prevent anyone from entering or leaving, and all news media and foreigners were banned from the area. Some Hmong demonstrators were able to escape into the nearby mountains, where they were hunted by heliborne "Dac Cong" Special Forces units. Some of the fleeing Hmong are reported to have been summarily executed when caught. At least two Hmong mountain villages and several enclaves suspected of harboring fleeing protesters were attacked by the gunships armed with rockets, cannons, and Gatling guns. It is not known how many were killed or wounded. Ethnic cleansing "is a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas" (Commission of Experts Established Pursuant to United Nations Security Council Resolution 780). With the Montagnards in 2001, and currently with the Hmong, the Vietnamese communist regime is guilty as sin of ethnic cleansing. Article 70 of the 1992 Constitution of the Socialist Republic of Vietnam provides that "the citizen shall enjoy freedom of belief and religion; he can follow any religion or follow none. All religions are equal before the law. The places of worship of all faiths and religions are protected by the law. No one can violate freedom of belief and of religion[.]" However, Article 70 contains this caveat: "nor can anyone misuse beliefs and religions to contravene the law, and State policies." This caveat is further defined in the Ordinance on Beliefs and Religions, not to mention the Constitution (Government Decree 22/2005) and Government Decree 26/1999 that is based on a directive of the Communist Party (No.37 CT/TW). The laws cited above are full of ambiguities and contradictions and provide no criteria as to what is considered "misuse," but they fundamentally state that all religions, religious denominations, churches, clergy, and religious activities must be approved by the central government in order to be legal. Ethnic minority Christians are regularly harassed, beaten, and tortured in attempts by communist officials to force them to renounce their beliefs in God. The Vietnamese government is now proposing amendments to the already harsh existing laws that will further restrict freedom of worship and all church-related activities. Vietnam requires that the bestowal of religious titles ("Bishop" and "Cardinal" in particular) must be approved by the government, which on several occasions has rejected candidates proposed by the Vatican. Vietnamese officials will not allow Catholic priests to serve the four Catholic communities in the Dien Bien region in what is called a "white zone," in which the level of religious restriction is the highest in the country. Anyone who participates in unauthorized religious activities, including outdoor prayer services, protests, or demonstrations, is guilty of "undermining Vietnam's national unity," a crime that carries a prison sentence of ten years or more. Even if the Hmong Christians had not held peaceful protests, the mere fact that they conducted open-air prayer services to honor the beatification of Pope John Paul II makes them subject to arrest and imprisonment. During the Hmong protests, the Vietnamese communist propaganda machine had agitprop specialists, communist church clerics, and secret police out in force mingling with the protesters. Some propagandists declared that they were "awaiting God to take them to the Promised Land," while others claimed to advocate the establishment of an autonomous Hmong kingdom. These disinformation themes gave Vietnamese authorities an excuse to label the protestors as "cult members," "irredentists," "extremists," and "anti-revolutionary activists," thereby justifying the use of armed force against Hmong Christian believers. These themes have been repeated over and over again by Hanoi's state-run media and, unfortunately, many foreign news media willing to parrot their propaganda. The Vietnamese communists subscribe to Nazi propagandist Joseph Goebbels' theory that if you tell a lie big enough and keep repeating it, people will eventually come to believe it. Human rights groups have called for investigations into the atrocities, and the U.S. Embassy in Hanoi has also vowed to investigate the matter. However, the truth may never be known. A trickle of information has come from VietCatholic and Vatican news services, and from some local NGOs that somehow circumvented the shutdown of communications. The Vietnamese communist apparatus restricts free travel and controls all media, and the communist officials and their puppet clerics are the only ones allowed to speak to foreign officials and news reporters. Outsiders are closely watched by the police. Foreigners are not allowed to freely travel in the area and must always be accompanied by government chaperones. The State Department will no doubt mention the persecuted Hmong Christians in its Annual Report on Human Rights. Yet State has continually refused to do anything that might be deemed punitive, such as designating Vietnam as a Country of Particular Concern regarding religious persecution, which might upset the delicate feelings of the communist regime. Needless to say, President Obama seems oblivious to the ongoing religious persecution and human rights abuses. In other words, the band plays on. Michael Benge spent eleven years in Vietnam as a Foreign Service Officer and five years as a POW. He is a student of Southeast Asian politics. He is very active in advocating for human rights and religious freedom and has written extensively on these subjects.  | ||||
| Groups Warns Against Web Censorship Posted: 14 Jun 2011 02:00 PM PDT A human rights group on Tuesday called for greater Internet freedoms in Cambodia, as more and more people are finding their way online. Tuesday, 14 June 2011 Heng Reaksmey, VOA Khmer Phnom Penh The Cambodian Center for Human Rights on Tuesday called for greater Internet freedoms in Cambodia, as more and more people are finding their way online. In its report, "Internet Censorship: the ongoing crackdown on freedom of expression in Cambodia," the group warned of a "recent trend toward Internet censorship and the grave implications for freedom of expression in Cambodia." Ou Virak, president of the center, said the government must work hard to development protective regulations for Internet use, as it spreads across the country, "by ensuring that old barriers are not applied to a new frontier." Telecommunications Minister So Khun told VOA Khmer in a phone interview Tuesday the ministry does not condone Internet censorship. (sic!) However, the ministry did come under fire earlier this year after it held a meeting with Internet service providers and encouraged them to block sites that were counter to Cambodia's interests. Yim Sovann, a spokesman for the opposition Sam Rainsy Party, said Tuesday the government has put pressure on Internet companies in the past. He noted an ongoing deterioration of the freedom of expression across different media, including the Internet. Cambodia is considered "not free" by the press freedom watchdog Freedom House.  | ||||
| Posted: 14 Jun 2011 01:54 PM PDT By Jim Lobe WASHINGTON, Jun 14, 2011 (IPS) - The rule of law - a critical element of good governance - thrives best in Norway, Sweden, and New Zealand and worst in Pakistan, Liberia, Cameroon, Cambodia, Kenya and Venezuela, according to the latest edition of a four-year-old index released Monday by the World Justice Project (WJP). The Rule of Law Index, which this year assessed 66 countries on eight key variables relevant to the rule of law, found that, with some exceptions, high-income countries generally perform significantly better than the world's poorest countries. But it also found strong performance on specific variables by low- income and middle-income countries, such as Ghana, which earned high scores on ensuring limits to government power and access to civil justice, and several Latin American countries, led by Chile, on government transparency and respect for fundamental rights. Among the five so-called BRICS countries – the emerging powers of Brazil, Russia, India, China, and South Africa – South Africa and Brazil were the best performers, while Russia and India scored the lowest, and China fell squarely in the middle, according to the 147- page Index. The Index, which last year assessed 35 countries and plans to canvass 100 nations in next year's edition, comes amid continuing attention to the rule of law in security the quality of governance that most international institutions believe is necessary for successful economic, political, and social development. "The rule of law is the cornerstone to improving public health, safeguarding participation, ensuring security and fighting poverty," said WJP founder William Neukom, a former president of the American Bar Association, which launched the organisation with help from, among others, the Bill and Melinda Gates Foundation, five years ago. Despite its U.S. origins, the WJP has sought to ensure that its assessments would be based on principles that were "culturally universal, avoiding Western, Anglo-American, and other biases". The eight variables used by the study included "limited government powers," or checks and balances; the absence of corruption; the clarity, publication, and stability of laws; order and security; respect for fundamental rights, including freedom of assembly and the press; the openness and transparency of government; the fairness and effectiveness of the enforcement of government regulations; access to civil justice; and the effectiveness and impartiality of criminal, both formal and informal. All 66 countries were assessed for their performance on those variables, scores for each of which were derived from quantitative and weighted assessments on three to eight sub-variables. Altogether, the Index included 53 sub-variables. The scores were based on data accumulated from surveys carried out by local polling firms of 1,000 residents of the three largest cities in each country regarding their experience and perceptions and on the results of detailed questionnaires filled out by an average of more than 300 local legal experts. The Index did not, however, provide an overall aggregate score and ranking for each country, but only for each of the nine variables. "Disaggregated scores are useful for both government and civil society, enabling them to identify strong and weak areas in each country," said Alejandro Ponce, the WJP's senior economist. "The dimensions of the rule of law are not interchangeable; you cannot substitute order and security for a loss of openness." Nonetheless, the Index suggested a high correlation between high- income countries and the strength of the rule of law and, conversely, between poor countries and its weakness. Norway, for example, received the highest of the 66 countries in three out of the eight variables and second in two more. Sweden scored first in three other categories and second in one, while New Zealand scored first in one (the absence of corruption), and second or third in four others. Among eight low-income countries, on the other hand, Liberia earned the worst scores. It ranked last or second to last of the 66 countries on four of the eight variables – open government, regulatory enforcement, access to civil justice, and effective criminal justice. It scored best – 41st – on respect for fundamental rights. Pakistan, one of 16 lower-middle-income countries covered by the survey, received even lower scores – 65th or 66th on five of the eight variables, including corruption, order and security, fundamental rights, open government, and access to civil justice. Its best score was 59th, – for regulatory enforcement. By contrast, Ghana scored highest among low-income countries, landing among the top 25 in three variables: limited government powers, fundamental rights, and access to civil justice. Along with South Africa, an upper-middle-income country, it was the best performer of nine sub-Saharan African countries that also included Cameroon, Ethiopia, Kenya, Nigeria, Senegal, and Uganda. Among lower-middle-income countries, Jordan received the highest marks, although Indonesia, India, El Salvador, China and Thailand also scored well in specific categories. Aside from Pakistan, the poorest performers in this income bracket included Cameroon, Bolivia, Guatemala, Nigeria, and Ukraine. Among the 19 upper-middle-income countries surveyed, Venezuela received the worst rankings, while Chile was the star performer, receiving top scores in this bracket -- and among the top 20 out of all 66 countries -- in six of the eight variables. Chile's worst performance was in order and security, where it ranked 45th overall. Among the 12 Latin American and Caribbean countries covered by the Index, however, Chile ranked first in all eight variables, including order and security. Latin America, the Index noted, has the world's worst crime rates. Brazil and Peru were the next best regional performers. Venezuela received the lowest scores in the region, ranking either last or second to last in six of the variables. With the exception of Chile, the 22 high-income countries dominated the top rankings across the board, with Western and Northern Europe generally out-performing the United States and Canada. Italy, on the other hand, was a glaring exception, with scores on most variables falling below those of Chile. Even among wealthy countries, however, the Index found significant differences between the perceptions of low-income and high-income individuals, according to Juan Carlos Botero, the Index project director. In general, he said, poor people were less likely to resort to the formal court system to resolve disputes than individuals with means both in developing countries and, with some exceptions, in wealthy nations. Like their counterparts in poor countries, low-income people in wealthy nations were also more likely to be exposed to extortion and abuse at the hands of police, according to the Index.  | ||||
| Posted: 14 Jun 2011 01:43 PM PDT Wednesday, June 15, 2011 AFP UNITED NATIONS — The United Nations on Tuesday strongly denied that it had ordered Cambodia war crimes judges to reject a new case involving the Khmer Rouge. With the country gearing up for a major Khmer Rouge era trial this month, Cambodian media reports said five UN staff have resigned in protest at a decision to close the new case without properly investigating the charges. The UN-backed war crimes court has threatened legal action in a bid to prevent publication of leaked details of the case. "The United Nations categorically rejects media speculation that we have instructed the co-investigating judges to dismiss Case Three," said UN spokesman Martin Nesirky of the new Khmer Rouge inquiry. The names of the suspects in the case have not been made public, but they are thought to be two ex-commanders from the brutal 1975-79 Khmer Rouge regime blamed for up to two million deaths. "Support for the independence of the judiciary is a fundamental principle that the United Nations upholds in Cambodia as elsewhere," said Nesirky. Judges and prosecutors at the Cambodia courts "must be allowed to function free from external interference by the royal government of Cambodia, the United Nations, donor states, and civil society," he added. The Cambodia war crimes court's second trial starts on June 27. Among the four defendants are Khieu Samphan, the former Khmer Rouge head of state, and Nuon Chea, the deputy to notorious regime leader Pol Pot. Prime Minister Hun Sen has repeatedly voiced his objection to further trials, however, saying they could plunge the country into civil war. The international court's investigating judges have been under fire ever since they announced in April they had concluded their investigations into case three, without questioning the suspects. International co-prosecutor Andrew Cayley -- without the backing of his Cambodian colleague -- demanded the suspects be interviewed and more crime scenes examined but the judges rejected his request last week on technicalities. Nesirky said the UN will "not comment on issues which remain the subject of judicial consideration, nor speculate on actions that should or should not be taken by the judges or prosecutors in any case." He added however that the investigating judges "are not under an obligation to provide reasons for their actions at this stage of the investigation in Case Three." Nesirky said the trial starting this month "will be of true international significance and deserves the ongoing, strong support of the international community."  | ||||
| With Staff Exodus, Possible Woes for Tribunal Investigators Posted: 14 Jun 2011 01:37 PM PDT
Tuesday, 14 June 2011 Kong Sothanarith, VOA Khmer Phnom Penh "For any reason, the desertion explains an inacceptable process within the court." At least five key staff members have left the Khmer Rouge tribunal's investigating judges' office since April, but the judges said Sunday they currently have enough staff to perform court functions. Investigating judges Siefried Blunk and You Bunleng said in a statement Sunday they would work with remaining staff and "short-term contractors" as the UN-backed court moves forward. But court observers say the exodus signals trouble within that office, which has come under increased scrutiny since it abruptly ended investigation into a controversial case. Four legal assistants and a legal consultant have left since the April 29 "conclusion" announcement for Case 003, which marked an important procedural step in the investigation of two senior Khmer Rouge cadre so far unnamed by the court. The Cambodia Daily reported Monday that Stephen Heder, a historian and consultant for the court, had left May 5 thanks in part to the judges' decision to halt the investigation. "In view of the judges' decision to close the investigation into case file 003, effectively without investigating it, which I, like others, believe was unreasonable; in view of the UN staff's evidently growing lack of confidence in your leadership, which I share; and in view of the toxic atmosphere of mutual mistrust generated b y your management of what is now a professionally dysfunctional office, I have concluded that no good use can or will be made of my consultancy services," Heder was quoted as writing to Blunk in a resignation e-mail. Blunk and You Bunleng have been engaged in a bitter, public debate with UN prosecutor Andrew Cayley over the investigation, which the prosecutor says was inadequate. The two judges said Sunday they welcomed the departure of the staff, and they downplayed speculation the resignations had to do with a protest over their handling of Case 003, which Prime Minister Hun Sen and other officials oppose. However, longtime observers of the court said the statement signaled more trouble ahead. "For any reason, the desertion explains an inacceptable process within the court," said Chhang Youk, director of the Documentation Center of Cambodia, which researches Khmer Rouge atrocities.  | ||||
| Posted: 14 Jun 2011 01:30 PM PDT UN News Centre 14 June 2011 – The United Nations today rejected media reports that it instructed judges at the tribunal in Cambodia dealing with mass killings and other crimes committed under the Khmer Rouge three decades ago to dismiss its third case, stressing that the court is an independent body. "Support for the independence of the judiciary is a fundamental principle that the United Nations upholds in Cambodia as elsewhere," a statement issued by the spokesperson for the Secretary-General said. "The judges and prosecutors at the Extraordinary Chambers in the Courts of Cambodia (ECCC) must be allowed to function free from external interference by the Royal Government of Cambodia, the United Nations, donor States, and civil society," it added. Under an agreement signed by the UN and Cambodia, the ECCC was set up as an independent court using a mixture of Cambodian staff and judges and foreign personnel. It is designated to try those deemed most responsible for crimes and serious violations of Cambodian and international law between 17 April 1975 and 6 January 1979. Earlier this week, media reports said that at least five UN staff in the ECCC's investigations office have quit their posts since April following disagreements over the decision to close the tribunal's third case without allegedly properly investigating the charges. Case 003 reportedly involves two former senior members of the Khmer Rouge military suspected of the deaths of thousands of people. "The United Nations categorically rejects media speculation that we have instructed the co-investigating judges to dismiss Case 003," the statement said. It added that the announcement made by the co-investigating judges in April that they have decided to conclude their investigation in Case 003 is an interim procedural step, and that issues related to that decision will be the subject of further consideration by the tribunal. "The co-investigating judges are not under an obligation to provide reasons for their actions at this stage of the investigation in Case 003," said the world body. As for the staffing issues, the statement said that the UN will ensure that the international component of the ECCC, including the Office of the Co-Investigating Judges, has sufficient resources to undertake its work. Estimates vary but as many as two million people are thought to have died during the rule of the Khmer Rouge between 1975 and 1979, which was then followed by a protracted period of civil war in the impoverished South-East Asian country. The court handed down its first verdict in July 2010, convicting Kaing Guek Eav – the man also known as Duch and who headed a notorious detention camp run by the Khmer Rouge – guilty of war crimes and crimes against humanity. The ECCC is currently preparing to commence the trial in Case 002 on 27 June. The accused are the four remaining leaders of the Khmer Rouge: Khieu Samphan, the former head of State; Nuon Chea, 'brother number two' to Pol Pot; Ieng Sary, a former foreign minister; and Ieng Thirith, a former social affairs minister and wife of Ieng Sary. "Their trial will be of true international significance, and deserves the ongoing, strong support of the international community," said today's statement.  | ||||
| Posted: 14 Jun 2011 01:24 PM PDT
By Matthew Russell Lee Inner City Press UNITED NATIONS, June 14 -- A week after Ban Ki-moon on June 6 met with the Asia Group of states at the UN seeking a second term as Secretary General, controversy swirled around the dropping of a genocide case by the UN affiliated Extraordinary Chambers in the Courts of Cambodia. On June 13, Inner City Press asked Ban's spokesman Martin Nesirky:
During Ban's trip to Cambodia last October, Hun Sen spoke of the removal of the head of the UN human rights office in Phnom Penh, Christophe Peschoux. Ban offered little defense of him. Nesirky called it "an internal personnel matter" and when Peschoux left earlier this year, Nesirky's office through his deputy Farhan Haq had "no comment at this time," or since. But on June 13 a comment was promised, and 24 hours it was issued -- a statement on the ECCC. The statement is long and detailed but is hardly responsive to the human rights and accountability questions raised. As on Peschoux, it says that Ban's UN will "not comment on internal United Nations administrative or staffing processes." Eschewing comment, it says that public scrutiny will come at some unspecified later date. Ban is expected, with Asia Group support, to get a second five year term as Secretary General on June 16 in the Security Council, then June 21 in the General Assembly. Here is the statement:
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| Cambodia needs to change, adapt Posted: 14 Jun 2011 01:00 PM PDT As her neighbors embrace the dynamism of this new century, Cambodia must adapt or she may be left far behind.  June 15, 2011A. Gaffar Peang-Meth PACIFIC DAILY NEWS I know some Cambodian democrats are provoked that I continually emphasize that Cambodian democrats are on their own to face Premier Hun Sen's autocracy; that there's no international guardian of rights, freedom and the rule of law coming to their rescue and the sooner democrats accept that a nation-state's national interests generally trump its concern with human rights violations, the better. But I keep on writing -- I am grateful to the Pacific Daily News for providing its pages as an outlet. Together, I believe we are making a difference. The great Chinese teacher, Confucius, said, "It is better to light one small candle than to curse the darkness." A sine qua non condition for the Cambodian democratic opposition to move forward in its fight for rights, freedom and the rule of law is for the diverse opposition groups to stop tearing each other apart. This internal dissension is precisely what Hun Sen and his ruling Cambodian People's Party would like to see continue. It weakens and diminishes the opposition in the eyes of Cambodian citizens in general, and it presents those in the international community with an excuse to continue dealing with the autocrats in power. I know that frustrated Cambodians who want to see things happen have less appetite for careful thought before action. A Khmer saying advises, "Koet heuy soem kou," ("First think, then draw"); American essayist Ralph Waldo Emerson wrote: "The ancestor of every action is a thought." Gene Sharp of the Albert Einstein Institution -- whose "lifelong commitment to the defense of freedom and democracy" and whose book "From Dictatorship to Democracy: A Conceptual Framework for Liberation" has been used in many countries to fight dictatorship -- said: "Unfortunately, often most people in democratic opposition groups do not understand the need for strategic planning or are not accustomed or trained to think strategically. This is a difficult task." Sharp advises "action based on careful calculation of the 'next steps' required to topple the dictatorship," and that, "Creativity and bright ideas are very important, (and) need to be utilized in order to advance the strategic situation of the democratic forces." While Cambodians in general know the "first think, then draw" concept, in practice many Cambodians draw first and think later. It was courageous and heroic for opposition leader Sam Rainsy to pull the border markers at the Cambodia-Vietnam border, but it certainly didn't look good to hop on a plane for Paris for safety and then appeal to foreign lawmakers to help bring him back to Phnom Penh. It is understandable that Cambodians want to see things happen. Some are awaiting the mystical Preah Bat Thoarmmoek to emerge to save Cambodia. Others wish for a Cambodian Aung San Suu Kyi or a Cambodian Nelson Mandela and describe near-perfect human qualities needed among imperfect humans. Sharp, who mentioned "examples of nonviolent action being used effectively without strong centralized leadership in the resistance" (in Serbia, against Milosevic), cautioned, "Exclusive dependence on a charismatic leader can even be detrimental to success, while wide diffusion of the skills to wage noncooperation and defiance can produce more reliable power." Precisely. I wrote to several former activists of the Khmer People's National Liberation Front who fought against Vietnamese military occupation of Cambodia that though I regret I don't see any Cambodian Suu Kyi or Mandela, I learned from specialists that leaders are not born, that leaders are made and they are made of regular people. And, as I wrote last week, "If each Khmer does something, things will happen." Do what? Let Mother Theresa answer the question: "Just do what's in front of you." She advised: "There should be less talk. What do you do then? Take a broom and clean someone's house. That says enough." In an earlier column, I mentioned receiving an email from a friend in Phnom Penh who urged continued "fighting" on two main fronts: Education and economy. Last week, a reader wrote: "Feed the people (economically) and teach them to be smarter (educationally)," and everything else (the social, the political, and the environmental) will follow suit. I agree. Those who scavenge the city dumps for food or are forced to leave their lands so the property can be "developed" would have plenty to say; children who learn to bribe their teachers through childhood and adulthood will carry the culture of bribery through life. I have suggested that,as an impetus to change, Cambodians must experience changes in their attitudes and values as catalysts to further, more pervasive societal change. I am not advocating that Khmers stop being Khmer. I cherish the English philosopher Edmund Burke's "tradition" as a link between the dead, the living and those yet to be born. Yet Burke recognized the inevitability of change as he propounded the philosophy that change be slow, natural and gradual. In today's world of fierce competitiveness, Cambodians must adapt to the contemporary demand for creativity and innovation. This means a major change in traditional behavior which supports stratified classes, status, rank and role relationships that breed a master-servant, leader-followers, superior-inferior system. Such a cultural adaptation may provide the resilience and flexibility that would allow Khmer traditions to withstand the integration of Vietnamese citizens that seems inevitable in the current political climate. As her neighbors embrace the dynamism of this new century, Cambodia must adapt or she may be left far behind. A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam. Write him at  | ||||
| Posted: 14 Jun 2011 08:05 AM PDT Jun 15, 2011 By Muhammad Cohen Asia Times Online NagaCorp, with a 70-year license and 40-year monopoly in Cambodia's capital, Phnom Penh, listed on the Hong Kong stock market in 2006. Chairman Timothy McNally told G2E Asia delegates the casino's mass market revenue grew 69% last year. MACAU - A mass meeting of the Optimists Club took place here last week. They called the event Global Gaming Expo Asia 2011. In the mock splendor the Venetian Macao casino resort, hundreds of gaming company executives, financial analysts, gaming equipment suppliers and manufacturers - deploying bevies of Asian beauties to demonstrate the virtues of their products - gathered to hear about the incredible growth and even more incredible potential of Asia's gaming industry. Adding to the throng were gaming industry observers, and envious leisure and hospitality decision-makers from as far away as South Africa. Skeptics need not apply. "In the US, gaming has been flat. In Asia, it's boom time," American Gaming Association (AGA) president and chief executive Frank Fahrenkopf said. AGA initiated the Macau conference and trade show as an adjunct to the larger annual Global Gaming Expo (G2E) in Las Vegas. Ironically, G2E Asia made its debut in 2006, the same year Macau surpassed the Las Vegas Strip as the world's highest revenue gaming destination. To be honest, naysayers - and this columnist has been one for years - have been routed. Macau's gaming revenue grew 57.8% in 2010 from 2009 to 188 billion patacas (US$23.5 billion), or four times the revenue of the Las Vegas strip. And 2009 was a slow year, with growth barely in the double digits; surely things would slow down in 2011. Growth has indeed slowed this year - to 43.1%, when new gaming revenue records set monthly since February. May's record was 24.3 billion patacas, within shouting distance of the total for all of 2003, the year before the first new casinos opened after the end of Stanley Ho's Sociedade de Jogos de Macau monopoly. After April's record revenue, CLSA analyst Aaron Fischer upped his Macau growth estimate for this year to 35% with revenue of 255 billion patacas, more than five times the Vegas Strip, with 25% growth forecast for next year. Following May's figures, HSBC analyst Sean Monaghan estimated this year's growth at 39%, to 263 billion patacas, or 5.5 times the Vegas Strip, and 27% next year. For the decade to 2020, Monaghan forecasts compound annual growth of 17%, with 12% in the worst scenario, 25% in the best case. That worst case would leave Macau in the neighborhood of US$75 billion, or 15 Las Vegas strips. Meet Mr Cotai Fahrenkopf, a former US Republican Party national chairman, presented the 2011 G2E Asia Visionary Award to Las Vegas Sands chairman and chief executive Sheldon Adelson, the man who kicked off Macau's boom, opening Sands Macao in 2004. Three years later, Adelson opened Venetian Macao, the first major property on landfill now called Cotai between Macau's outer islands of Coloane and Taipa. A Las Vegas Sands subsidiary, Sands China - listed on the Hong Kong Stock exchange, as are all other Macau operators following last month's MGM China IPO - operates the company's Macau properties and will open the fourth mega resort in Cotai early next year. The focus of resort development has shifted from the traditional heart of gaming on the Macau peninsula to Cotai. Wynn Macau, MGM China, Melco Crown, SJM, Galaxy and Sands China are all awaiting the go-ahead on new Cotai projects. "I looked at the swamp on the bay here, and I saw Las Vegas," Adelson recalled. "It fit hand in glove with my idea to bring the Las Vegas strip here." The world's third-richest man before the 2008 US financial crash, Adelson told celebrants he first got the inspiration for a Las Vegas in Macau on the toilet. "When we first began, I said you could take 10 locations and build a full Las Vegas with 150,000 hotel rooms around Asia, and you still wouldn't satisfy demand." Adelson has scaled back to some extent: "Now, I am of the opinion you could build five." For once the gaming billionaire may have been guilty of understatement. Across Asia, there's a rush to emulate Macau's extraordinary success. Joining the parade Singapore's two casinos have extended the boom to a second major front in Southeast Asia. In their incomplete inaugural year - Resorts World Sentosa opened in February and Marina Bay Sands in April - the city's gross gaming revenue was an estimated US$5.1 billion. With a full year of operations under their belts, the two resorts are expected to book more revenue than the Las Vegas strip. In the Philippines, multi-billion resorts are under construction to create an Entertainment City on Manila Bay with casinos amid a range of attractions. Government-owned PAGCOP - the Philippine Amusement and Gaming Corporation - may be privatized, and private operators are already allowed into the market. International operators like the market because Philippines citizens are allowed to gamble, unlike the situation in most markets beyond Macau and Singapore, where Singapore citizens and permanent residents pay a casino entry tax. Casinos for foreigners at present operate in six of the other Association of Southeast Asian Nations countries, with Brunei, Indonesia and Thailand the lone exceptions. Cambodia and Laos have seen hundreds of millions of US dollars in investment to draw customers from their neighbors and even dip into the China and Hong Kong markets. NagaCorp, with a 70-year license and 40-year monopoly in Cambodia's capital, Phnom Penh, listed on the Hong Kong stock market in 2006. Chairman Timothy McNally told G2E Asia delegates the casino's mass market revenue grew 69% last year. In Vietnam, where there are scattered small casinos, Asian Coast Development Ltd (ACDL) is building the Ho Tram Strip, a beachfront complex on 164 hectares slated to house five casino resorts, 127 kilometers north of Ho Chi Minh City, the former Saigon. MGM Grand Ho Tram, with 541 rooms, is scheduled to open in 2013, and Pinnacle Entertainment, a US gaming operator, is signed on for the second resort. The site will also include convention space and golf courses. Filling the gap "I doubt there's such a thing as unlimited demand," ACDL chief executive Lloyd Nathan, a 20-year veteran of the gaming industry in the US and beyond, said. "No doubt demand exceeds supply in Asia. It has 50% of the world's population but only 5% of licensed gaming venues. It's going to take a long time to fill that supply gap." In South Korea, where 19 casinos operate but only one is open to Koreans, police uncovered a plot to obtain Ecuadorian residency permits to enable Koreans to enter foreigner-only venues. There's talk - but only talk and it's been going on for years - about loosening the residency restriction in a market where combined legal and illegal wagering is estimated at US$53 billion. That talk has international casino operators salivating. Steve Wynn said he'll build a US$1 billion-plus casino there; "The only condition is that it's no foreigners-only," the Las Vegas and Macau top shelf resort operator stated. Japan is moving slowly toward legal casinos. Osaka University gaming expert and advisor to parliament Toru Mihara said it will take "three to four years" to draft a gaming law, leaving development years away. But, according to Mihara-san, a basic consensus has emerged among 138 members of parliament including four former prime ministers, on the shape of a future gaming industry and elements of the civil service are on board. LVS and Wynn, whose main partner is a leading pachinko (a form of pinball) operator, have already expressed their interest. Faith-based gaming The outlook is sunny as far as the eye can see. The only clouds on the horizon worth discussing are the clouds over how Asia's gaming businesses operate. In Macau, 70% of revenue comes from VIP rooms run by junket promoters bringing in high rollers mainly from China, out of public sight. "In Vegas, I can hang around in the casino and get an idea how they're doing," an analyst who asked not to be named said. "Here, what matters happens behind closed doors." "What drives the junket liquidity?" Macquarie Securities senior vice president and regional head of consumer and gaming research asked rhetorically. "All of us have very little understanding of what drives this market." Singapore is even less transparent than Macau, releasing no official figures on gaming, local resident participation, or anything else that matters. All analysis is based on extrapolating numbers from the US-standard filings on Marina Bay Sands. In Vietnam, Cambodia, Laos and other markets, don't expect miracles. The record shows there's every reason for optimism but you're going to need one more thing - faith, the belief in something in the absence of real evidence. Asian gaming, at least for now, rewards players with faith. For investors, though, it's really still a matter of rolling the dice. Oh, but look at the odds. Macau Business magazine special correspondent and former broadcast news producer Muhammad Cohen told America's story to the world as a US diplomat and is author of Hong Kong On Air, a novel set during the 1997 handover about television news, love, betrayal, financial crisis, and cheap lingerie. See his blog and more at MuhammadCohen.com.  | ||||
| Sunlabob wins World Bank tender to install 12,000 Solar Home Systems in Cambodia Posted: 14 Jun 2011 07:56 AM PDT 14. June 2011 By Sunlabob Renewable Energy Ltd In Mar 2011, Sunlabob Renewable Energy Ltd won an international tender for a World Bank financed procurement contract, handled locally by the Rural Electrification Office of the Department of Electricity (part of the Ministry of Energy and Mines), to supply and install 12,000 Solar Home Systems (30W and 50W), including spares, to seven provinces across Cambodia. Solar Home Systems bring huge benefits to homes in developing countries which aren't connected to the national electricity grid. Without the system, villagers have to use kerosene lamps for light. These lamps emit lots of carbon dioxide and harmful gases, and also contain flammable liquids that have more probability of causing burns and fires than any electric lighting source. Each year, many homes and even entire communities worldwide burn to the ground due to fires starting from toppled kerosene lamps. The Solar Home Systems replace smoky, unsafe kerosene lamps with brighter light, allowing work, study and social activities after dark. They also power small electrical appliances like radios and cellphone chargers. Each Sunlabob Solar Home System meets international quality standards and comprises a solar panel, PV mounting structure, battery, battery box, charge controller, circuit breaker, and 2 lamps. The installation will be carried out in collaboration with a local partner in Cambodia, with 7,200 SHS being installed by Jan 2012 and the remaining by Sep 2012. This operation covers more than 413 villages in remote areas across Cambodia where there are no proper roads.  | ||||
| Senior CPC official meets Cambodian delegation [...the Hun-See-Khtech delegation] Posted: 14 Jun 2011 07:48 AM PDT BEIJING, June 13 (Xinhua) -- Wang Jiarui, chief of the International Department of the Communist Party of China (CPC) Central Committee, met with a Cambodian delegation on Tuesday and pledged to boost exchanges and cooperation with Cambodia's co-ruling Funcinpec Party. "The CPC is willing to step up friendly exchanges and pragmatic cooperation with the Funcinpec Party to improve the comprehensive strategic partnership of cooperation between China and Cambodia," Wang said as he met with the delegation headed by Nhiek Bun Chhay, deputy prime minister of the Royal Government of Cambodia and secretary general of the Funcinpec Party. During their talks, Wang also briefed the guests on the experience of the CPC over the past decades. The Party is celebrating the 90th anniversary of its founding on July 1. Nhiek Bun Chhay hailed the great achievements the CPC has made in governance and building the Party itself, and he vowed to advance the ties between the two political parties as well as the two countries.  | ||||
| Cambodian Khmer Rouge tribunal under scrutiny Posted: 14 Jun 2011 07:43 AM PDT Tuesday, June 14, 2011 Robert Carmichael, Phnom Penh Radio Australia News The United Nations is being called on to investigate the closure of a case at Cambodia's Khmer Rouge war crimes tribunal. On Tuesday the Open Society Justice Initiative - which monitors Cambodia's Khmer Rouge war crimes tribunal - said the UN must investigate events surrounding the recent dismissal of the court's politically-sensitive third case. The case involves two former senior military officers of the Khmer Rouge. Each is thought responsible for many thousands of deaths. The Cambodian Government has long said it would not permit this case to reach trial. The investigating judges recently closed their investigation, and last week refused a request by the international prosecutor to investigate further. By then it was clear the judges had not even questioned the suspects or examined a number of crime sites. The United Nations has not yet commented, but the OSJI says the UN must find out whether the investigating judges have been grossly negligent or deliberately acted in contravention of their judicial duties.  | ||||
| Cambodian Khmer Rouge Tribunal Monitor Calls for UN Investigation into Judges Posted: 14 Jun 2011 07:37 AM PDT
Robert Carmichael, VOA Phnom Penh International observers who are monitoring the proceedings of the Cambodia's United Nations-backed Khmer Rouge war crimes tribunal are calling for the U.N. to investigate the conduct of two judges. The Open Society Justice Initiative is questioning the court's decision to close its politically-sensitive third case, saying it threatens the court's credibility. The Open Society Justice Initiative - or OSJI - is a non-governmental organization funded by U.S. billionaire George Soros that has monitored the Khmer Rouge tribunal since 2003 - three years before the court formally opened its doors. On Tuesday the OSJI released a report calling on the U.N. to investigate the conduct of the tribunal's two investigating judges - Germany's Siegfried Blunk and Cambodia's You Bunleng. Monitors say the investigating judges' decision to close Case Three, which is believed to involve two former senior Khmer Rouge military officers, could constitute judicial misconduct. "The reason is that there are very strong grounds now for believing that there's been political interference in the judicial decision-making process," explained Clair Duffy, who monitors the tribunal for the OSJI, "and that's interfered with judicial independence, and also the fact that the judges have failed in their legal and ethical obligations amounts to judicial misconduct or breach of judicial duty." The Cambodian government has long said it opposed having Case Three to go to trial. In late April, the two judges announced they were closing the case. The international prosecutor for the tribunal, Andrew Cayley, responded by saying the investigating judges had failed to interview the suspects during their 20-month investigation and had not visited numerous sites where crimes were alleged to have taken place. A tribunal spokesperson said Tuesday that the two judges would not comment on the OSJI report. The decision to close the case is far from academic. The court has not named the two men at the center of Case Three, but media reports have stated that they are thought responsible for tens of thousands of deaths. The OSJI says court sources have said numerous times the investigations are being undermined by political meddling and a lack of donor funding. Earlier this week the investigating judges confirmed that a number of international staff members had quit their office. The judges responded by saying they were happy to see them go. One of those who resigned was Stephen Heder, an academic and Khmer Rouge specialist who was working in the investigating judges' office as a consultant until he quit on May 5. In his resignation email to Judge Blunk, Heder accused the judges of closing Case Three without investigating it. He also said Judge Blunk's leadership had created a "toxic atmosphere of mutual mistrust" in the investigating judges' office, which he says had become "professionally dysfunctional". The OSJI's Duffy says the U.N.'s own standards of judicial conduct - known as the Bangalore Principles - appear to have been breached. She says there are a number of steps it can take. "First of all they have a particular Special Rapporteur whose mandate is to conduct these sorts of inquiries," Duffy said. "The Office of Internal Oversight is the office that's supposed to investigate misconduct within the United Nations - misconduct of its own officials. So these are a couple of examples of the things that we say can and should be done at this stage." The OSJI says a U.N. investigation into is critical to restore public trust in the tribunal's investigations into crimes committed by the Khmer Rouge in the late 1970s. The tribunal, made up of both Cambodian and international jurists, has already convicted a notorious Khmer Rouge jailer and is to open the trial of the top four surviving Khmer Rouge leaders later this month.  | ||||
| Vietnam signs military order amid tensions Posted: 14 Jun 2011 07:28 AM PDT
Tuesday, June 14, 2011 AFP HANOI — The prime minister of Vietnam has signed an order on eligibility for military conscription, at a time of high maritime tension with China, the official army newspaper reported Tuesday. The decree is not a mobilisation order but clarifies who will be exempt from military service in the event of war, including key government officials and men with no siblings, Quan Doi Nhan Dan said. It will take effect on August 1. Prime Minister Nguyen Tan Dung signed the document on Monday, the same day Vietnam's navy said it conducted about nine hours of live-fire artillery training in the tense South China Sea. Hanoi is sending a message to China that Vietnam "has significantly upped the ante in this dispute," said Ian Storey, a security analyst with the Institute of Southeast Asian Studies in Singapore. Relations between Vietnam and fellow communist China have sunk to their lowest point in years following recent sea confrontations which reignited a row over sovereignty of the potentially oil-rich Paracel and Spratly archipelagos. In comments published last week, Dung said Vietnam was determined to protect the "incontestable" sovereignty of the islands. Analysts believe the possibility of a clash between the two sides has risen, although Beijing said Tuesday that it would not use or threaten force in the South China Sea. Vietnam has said it wants to see a peaceful resolution and adherence to international laws. The situation escalated in late May after Vietnam accused China of violating its 200 nautical mile exclusive economic zone. Hanoi said three Chinese marine surveillance vessels severed the exploration cables of a Vietnamese oil survey ship, allegedly violating the 1982 United Nations Convention on the Law of the Sea. Last week Vietnam accused a Chinese fishing boat of deliberately ramming the cables of another oil survey ship in the zone. Beijing has warned Vietnam to halt all activities that it says violate China's sovereignty in the disputed area. Vietnamese bitterly recall 1,000 years of Chinese occupation and, more recently, a 1979 border war -- the last time Hanoi ordered a general military mobilisation for people aged 18-45. According to Vietnam's 2009 defence white paper, the latest available, the country of about 86 million has 450,000 active military personnel and a reserve of five million. More than 70 Vietnamese sailors were killed in 1988 in a brief naval battle with China off the Spratlys.  | ||||
| Posted: 14 Jun 2011 07:16 AM PDT Tuesday, 14 June 2011 15:02 Vong Sokheng The Phnom Penh Post The government's anticorruption unit has declined to set a new deadline for about 300 high-ranking government officials who failed to lodge an asset declaration before an April 7 deadline as part of an effort to tackle graft in the Kingdom. "We found that individual officials who failed to lodge an asset declaration because of personal problems such as illness or living far away …[that] it is an appropriate reason," ACU President Om Yentieng said yesterday. "Therefore we cannot force them [to respect the law], we will wait until they can come." Om Yentieng issued a statement on March 24 declaring that government officials who failed to comply with the April 7 deadline could face between one month and one year in prison and fines of up to 2 million riel (about US$490). Sam Rainsy Party lawmaker Yim Sovann said yesterday that opposition lawmakers were appealing to officials who failed to meet the deadline to fulfill their obligation under the law. "I understand their difficulty, but I would like to appeal that senior government officials have to respect the law, because this is part of a government [effort] to fight against corruption at the high-ranking level," he said. The ACU has previously stated that about 100,000 officials would be required to declare their assets, but that number has since dropped to 25,000, according to the latest announcements. Opposition lawmakers have previously criticised the Anticorruption Law as inadequate for permitting officials to disclose their assets confidentially. Prime Minister Hun Sen declared his assets confidentially on April 1, but announced publicly that he earned a monthly salary of 4,600,000 riel (US$1,125) and would declare his assets again by 2013.  | ||||
| AKRVC - Making Booklets of Closing Order of Case 002 Available for Trial Hearings and High Schools Posted: 14 Jun 2011 06:42 AM PDT | ||||
| Key Recommendations of OSJI June 2011 Update Posted: 14 Jun 2011 05:18 AM PDT Key Recommendations from this Report: To the United Nations Special Rapporteur on the Independence of Judges and Lawyers: · Take all available measures—including a country visit, the conduct of a full inquiry, and issuance of a report thereon—to assess the independence of judges at the ECCC, in particular of the co-investigating judges. To the United Nations Office of the High Commissioner for Human Rights in Cambodia: · Issue an analysis of the independence and impartiality of the ECCC as a tribunal, in order to assess the implementation of the fair trial rights guaranteed in the UN human rights treaties to which Cambodia is a party (such as the International Covenant on Civil and Political Rights). This can be done as a component of the office's monitoring function and in the context of its focus on the ECCC's legacy. To the United Nations Special Rapporteur on the situation of Human Rights in Cambodia: · As a follow up to his September 2010 report, issue a thematic report on the ECCC focusing specifically on the independence and impartiality of ECCC judges and the ability of the court to operate as a model for the Cambodian national judiciary and to enhance the Cambodian people's perception of justice. To the UN Secretary-General: · Initiate an internal investigation by the United Nations Office of Internal Oversight Services (OIOS) into allegations that UN officials (a title which can include judges as well as other experts) have acted contrary to the code of conduct set out by the Secretary-General's Bulletin of 2002 governing the status, basic rights, and duties of officials other than secretariat officials, and experts on mission.[1] · Alternatively, to the extent that judges fall into the category of UN officials on mission and if the allegations raised in this report are considered not to fall within the OIOS's mandate, the Secretary-General should appoint an independent panel of experts comprised of current and/or former judicial officers of international standing to determine whether judicial misconduct has occurred. To the UN Special Expert on the ECCC, and to the UN Office of Legal Affairs: · Intensify monitoring of the ECCC's operations and to the extent that actions by either UN officials or the tribunal's operations as a whole fundamentally undermine the integrity of the UN's involvement—such as a failure to fully and genuinely investigate sensitive cases before the court—raise concerns with donors, and consider whether to advise the Secretary-General to withdraw from the ECCC if the situation is not rectified promptly. To ECCC donors: · Insist that the ECCC operate independently, fairly, transparently, and expeditiously, including in the resolution of the judicial investigations in Cases 003/004. · Condition future funding to the ECCC on the receipt of independent reports by one or more of the special mandate holders or UN mechanisms identified above which clearly demonstrate that the ECCC and its judges are acting independently, impartially and with the integrity required of an international justice tribunal. To all stakeholders in the ECCC and other interested parties: · Write, email, and call the UN Secretary-General and the UN Office of Legal Affairs to insist that they increase efforts to ensure that the ECCC operates independently, expeditiously, transparently and fairly, including by performing full and genuine investigations into Cases 003/004. · Write, email, and call donor governments to insist that further funds provided for the fulfillment of the ECCC's mandate be conditioned upon the receipt of independent reports by one or more of the special mandate holders or UN mechanisms identified above which clearly demonstrates that the ECCC and its judges are acting independently, impartially, and with the integrity required of an international justice tribunal. [1] Secretary-General's Bulletin, "Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission" U.N. Doc ST/SGB/2002/9, June 18, 2002, available at http://europeandcis.undp.org/files/hrforms/STSGB20029%20-%20Regulations%20Governing%20the%20Status,%20Basic%20Rights%20and%20Duties%20of%20non%20UN%20Secretariat%20Officials,%20and%20Experts%20on%20Mission.pdf. This Bulletin requires officials to "uphold the highest standards of efficiency, competence and integrity" (integrity has been defined as involving honesty, truthfulness, fidelity, probity and freedom from corrupting influences") and to " not engage in any activity that is incompatible with the proper discharge of their duties with the United Nations." It also requires that "Officials and experts on mission shall discharge their functions and regulate their conduct with the interests of the Organization only in view. Loyalty to the aims, principles and purposes of the United Nations, as set forth in its Charter, is a fundamental obligation of all individuals covered by the present Regulations."  | ||||
| Convention on the Rights of the Child Posted: 14 Jun 2011 03:48 AM PDT Convention on the Rights of the Child Ratified by UNGA in Nov. 1989, entered into force 1990 Cambodia ratified this Convention on October 15, 1992 PART IArticle 71. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.  | ||||
| ECCC officially embracing IMPUNITY Posted: 14 Jun 2011 03:44 AM PDT Impunity—in the context of mass human rights violations—is defined as the "impossibility," whether legally or factually speaking, of "bringing perpetrators to account" because they are "not subject to any inquiry" that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims. Such serious judicial misconduct or breach of duty must be addressed with urgency. These recent developments threaten the court's legacy for Cases 001 and 002, for Cambodia's rule of law development, and for the ongoing fight against impunity. - Open Society Justice Initiative June 2011 Report  | ||||
| My Rights, My Responsibility (Constitution) Series Posted: 14 Jun 2011 03:41 AM PDT Cambodian Constitution (Sept. 1993) Article 158- New (Previously Article 139) Laws and standard documents in Cambodia that safeguard State properties, rights, freedom and legal private properties and in conformity with the national interests, shall continue to be effective until altered or abrogated by new texts, except those provisions that are contrary to the spirit of this Constitution. This Constitution was adopted by the Constitutional Assembly in Phnom Penh on 21 September 1993 at its 2nd Plenary session. Phnom Penh, 21 September, 1993. The President, Signed: SON SAN This Constitutional law was adopted by the National Assembly of the Kingdom of Cambodia on the 4th March, 1999 in its 2nd plenary meeting
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| Statement by The International Co-prosecutor [Andrew Cayley] Posted: 14 Jun 2011 01:46 AM PDT   PRESS RELEASE STATEMENT BY THE INTERNATIONAL CO-PROSECUTOR On Friday 10 June 2011, the International Co-Prosecutor, Andrew Cayley, resubmitted three investigative requests and a request for an extension of the deadline for filing Civil Party Applications in Case 003 to the Office of the Co-Investigating Judges. The resubmissions follow the Co-Prosecutors' decision, on Friday 10 June 2011, to record four Disagreements pursuant to Rule 71 (1) of the Internal Rules of the court. The Disagreements were made in response to the Co-Investigating Judges' holding that the Internal Rules leave no room for solitary action and therefore require either a delegation of power under Internal Rule 13 (3) or a record of Disagreement under Internal Rule 71 (1). Although the International Co-Prosecutor has complied with the Co-Investigating Judges' requirement, and registered four Disagreements, he is still appealing the Co-Investigating Judges' decision of 7 June 2011. He does not accept the Co-Investigating Judges' interpretation of the law so pursuant to Internal Rules 74 (2) and 75 (1) a Notice of Appeal was filed on Friday 10 June 2011. With respect to the resubmission of the four requests the International Co-Prosecutor respectfully requested that the Co-Investigating Judges use their discretion pursuant to Internal Rule 39 (4) (b) and accept the resubmissions out of time. Internal Rule 39 (4) (b) allows the Co-Investigating Judges to recognize the validity of any action executed after the expiration of a time limit. The Co-Investigating Judges have previously relied on Internal Rule 39 (4) (b) to extend the deadline for the filing of Civil Party Applications in Case 003.[1] The Co-Investigating Judges have an obligation under Internal Rule 55 and the Law of the ECCC to conduct their investigation impartially and to take investigative action conducive to ascertaining the truth. The Fundamental Principles on which this court rests, and on which the Co-Investigating Judges have already relied,[2] are contained in Internal Rule 21. This Rule speaks to fairness, legal certainty and the safeguarding of the interests of victims as well as all parties to the proceedings. The Pre-Trial Chamber has held that when considering whether to grant Investigate Requests it is the "obligation" of both the Co-Investigating Judges and the Pre-Trial Chamber to take into consideration the fundamental principles laid out in Rule 21 of the Internal Rules of the court.[3] -------- [1] OCIJ press release concerning Statement from the Co-Investigating Judges related to Case 003 requests from the International Co-Prosecutor of 7 June 2011. [2] Document No. D20/3, Decision on Time Extension Request and Investigative Requests by the International Co-Prosecutor Regarding Case 003, 7 June 2011, ERN 00702797-00702802, para 11. [3] Document No. D365/2/17, Decision on Reconsideration of Co-Prosecutors' Appeal Against the Co-Investigating Judges Order on Request to Place Additional Evidentiary Material on the Case File Which Assists in Proving the Charged Persons' Knowledge of the Crimes, 27 September 2010, ERN 00597907-00597951, para. 47.  | ||||
| CCHR calls for the ECCC to conduct a full and proper investigation into Case 003 and 004 Posted: 14 Jun 2011 01:23 AM PDT  CCHR Media Comment, Phnom Penh, 14 June 2011 Media Comment: CCHR calls for the ECCC to conduct a full and proper investigation into Case 003 and 004 The investigating judges at the Khmer Rouge Tribunal have acknowledged that staffers and a consultant have left the Office of Co-Investigating Judges (the "OCIJ") amid discontent over their handling of the court's controversial third case. This comes in the wake of recent developments at the Extraordinary Chambers in the Court of Cambodia (the "ECCC") with regards to Case 003 and 004 which last week saw confidential information surrounding Case 003 leaked to the press. At this current time there are serious concerns as to whether the United Nations is conceding to the demands of the Royal Government of Cambodia (the "RGC") to close the doors of the ECCC with the conclusion of Case 002. Recent events offer a clear indication that the current Co-Investigating Judges see it as their prerogative to ensure the closure of the ECCC with the conclusion of Case 002. According to the ECCC's own interpretation, which can be deduced from its conviction of prison chief Kaing GuekIev in Case 001, its jurisdiction is not limited to a handful of leaders that are alleged to have occupied senior political positions within the Khmer Rouge and the government of the Democratic Republic of Kampuchea. A decision to close the ECCC with the conclusion of Case 002 is not therefore based in law but rather it is a political one. Commenting on the OCIJ, Ou Virak, President of the Cambodian Center for Human Rights, a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia, said: "The turmoil surrounding the OCIJ is unprecedented and demonstrates the need for a full and proper investigation into the merits of Cases 003 and 004. The investigation needs to reach out to all affected parties and impartially judge the evidence in support of - as well as against - the accused. This whole episode surrounding case 003 is a farce. Should the ECCC's door shut without a full investigation into Cases 003 and 004 the UN will have failed the victims of the Khmer Rouge." For more information, please contact Ou Virak (tel: +855 (0) 12 40 40 51 or e-mail: -- The Cambodian Center for Human Rights (CCHR) is a non-political, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia. For more information, please visit www.cchrcambodia.org.  | ||||
| 1,000 Cambodian troops join in exercise with firing of live ammunition Posted: 14 Jun 2011 01:19 AM PDT 14 June 2011 Everyday.com.kh Translated from Khmer by Soch General Chhum Socheat, spokesman for the ministry of Defense, declared yesterday that the RCAF had started military exercise using live ammunition for a 4-day period, starting from Monday. The exercise will be accompanied with live ammunition firing: 82 mm and 100 mm shells. Chhum Socheat indicated that the exercise took place in Kampong Speu province and it will last until 16 June. Tea Banh, the minister of Defense, will observe the exercise. Chhum Socheat told the Phnom Penh Post that: "We trained for one month already, starting from 13 May, and the exercise will be joined by more than 1,000 troops from a number of units." Nevertheless, Chhum Socheat said that he does not know how many rounds of live shells will fired during the 4-day exercise.  |
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