KI Media: “Hun Xen's reply to SRP MPs' letter on Paris Agreement Implementation” plus 24 more

KI Media: “Hun Xen's reply to SRP MPs' letter on Paris Agreement Implementation” plus 24 more


Hun Xen's reply to SRP MPs' letter on Paris Agreement Implementation

Posted: 19 Jul 2011 03:18 PM PDT

Question from KI-Media Reader

Posted: 19 Jul 2011 12:44 PM PDT

Can the comment at Ki Media be traced if someone put under anonymous ? Please educate us more!

Thanks

Dear Readers

As far as we know, there is no way for anybody to trace your comment. We cannot find out who you are and where you come from.

We hope this clarification will help!

Thank you,

KI-Media team


"What's Khmer Beauty?" - Op-Ed by Khmer Guardian

Posted: 19 Jul 2011 12:35 PM PDT

024 - KG - What is Khmer Beauty
http://www.scribd.com/fullscreen/60371149?access_key=key-2g25e40ie033e8z4jhaf

A sorcerer’s life from riches to rags [-The tumultuous and resilient life of Chan Oudamsak, Dap Chhuon's wife]

Posted: 19 Jul 2011 12:26 PM PDT

Former sorceress Domsak is ailing at the age of 83 at her home in Tbeang Kert village, Siem Reap province, and is nursed by her daughter Kherng Bronorm. Photo by: OU MOM

Tuesday, 19 July 2011
Ou Mom
The Phnom Penh Post

ONCE the old woman who now lies groaning on the floor of her home was the wife of resistance hero against the French Dap Chhuon.

She was reputed to have magical powers as a sorceress – powers that she claims helped protect her while soldiers loyal to King Norodom Sihanouk tried to gun her husband down in a rice paddy.

She survived civil war as a widow after her husband was killed in 1959, managed to remarry and have more children, but lost one daughter under the reign of the Khmer Rouge.

Now Chan Oudomsak, more commonly known as Domsak, lies on a simple mat. At the age of 83, her tumultuous life is drawing painfully to a close, says her daughter Kherng Bronorm.


Even her magical powers appear to have deserted her as she moans softly, a medical drip attached to one of her arms while the other looks painfully swollen.

"She became ill just before Khmer New Year in April," says her daughter, who was the product of her mother's later (and third) marriage.

"She's had high blood pressure for a long time, but now her body is all swollen and she's partly paralysed. She can't talk very often but she does understand when we talk to her. Sometimes she can manage a word or two, and she can use signs to show what she needs."

It's a far cry from the glory days of the 1950s, when Dap Chhuon became a powerful warlord fighting to overthrow French colonialism.

History sees him as either a terrific guerrilla leader or a brutal thug who terrorised the province after King Norodom Sihanouk made him governor of Siem Reap in 1954. With a loyal following of troops behind him, he allegedly used force to quell anti-government rallies.

But during the late 1950s, Dap Chhuon – otherwise known as Chhuon Mehoul Pech and other aliases – became disenchanted with Sihanouk's warmth to Communist China. He was suspected of being involved in a coup plot against the king, who allegedly ordered his assassination. That fateful day in late 1959 remains seared in the collective family memory, says Kherng Bronorm.

"When Dab Chhuon was arrested, he was wearing a normal sarong because it was a Sunday, his day off, and he was not in uniform," recalls the dutiful daughter.

"He was in his rice paddy at Srea Noy when he yelled that he'd been shot. He handed his pistol over to my mum, telling her to kill him outright, but she was too frightened to shoot him. Domsak called out loudly to the soldiers please to stop shooting, but they kept firing.

"However, they couldn't kill her or Dap Chhuon then because she had magical spells protecting her.

"My mother was then taken away by truck and held for a few days before she was released. By then, her husband had disappeared," says Kherng Bronorm.

Now that life is slipping away from Domsak, her daughter is appealing for sponsors who may have admired her husband and his resistance against French colonists to help ease her last few moments.

Angkor Wat Khmer Heritage by Chham Chhany

Posted: 19 Jul 2011 10:02 AM PDT

Cambodia Seeks to Rein in the NGOs

Posted: 19 Jul 2011 08:48 AM PDT

Hun Sen says the NGOs are a pain in the rear


Tuesday, 19 July 2011
Asia Sentinel

The government promotes a draft law that critics say is designed to mute criticism

The Cambodian government, which has long been bedeviled by the scores of non-governmental organizations operating in the country, has set out to draft a law designed to still their criticism.

The draft, in circulation since December 2010, would require compulsory registration to operate in the country. In addition, it carries a long list of sub-clauses that the NGOs say would make it virtually impossible to operate. There are no legal safeguards or meaningful judicial review, nor is there right of appeal, the organizations say. Denial of registration appears to be irrevocable. Hundreds of groups have signed petitions saying the most recent public draft of the law continues to be unacceptable.

The country has yet to recover fully from the secret 1960s carpet bombing by US B52s during the Vietnam War, followed by the years in which the murderous Khmer Rouge headed by Pol Pot are believed to have been responsible for the deaths of as many as 2 million people, either by outright murder or by starvation. The Khmer Rouge wrecked virtually all of the social institutions in the country and substituted nothing in their place. It remains strewn with land mines.


Accordingly, as many as 200 international NGOs have been operating in the country, many of them working to keep the government in line on depredations against the environment in addition to seeking to rehabilitate, rebuild and develop the country. They have continued to provide the most basic of social services. They are present in all of the country' provinces, promoting national reforms in health, education, human rights, developing a legal system and advocating for women and children's rights, among other issues.

In addition, there are believed to be nearly 400 local NGOs and 600 associations registered with the government. An estimated 13,000 Cambodians are believed to be working in the NGO sector, usually holding an often-recalcitrant government's feet to the fire on any number of issues.

Untold thousands of westerners are working for the NGOs as well. Many have come under considerable criticism on charges that they are isolated from the people they serve, many drawing enormous salaries and driving around in SUVs while mainly working on grants to keep them in the country while they do very little other than attend parties and live the good life.

While that criticism may be valid, the larger number of relief organizations and environmentalists are regarded as essential to Cambodia's progress, and the law, they say, is designed to mute their criticism.

"Cambodia's international donors have spent billions of dollars of development aid funding programs to strengthen and build the capacity of Cambodia's civil society," said Simon Taylor, the director of Global Witness, in a press release from Licadho, the Cambodian League for the Promotion and Defence of Human Rights.

"These initiatives risk being rendered ineffective by this proposed law. If the donors stand by while the government adopts this law, they cannot in good conscience claim to be working in the interests of Cambodia's development objectives."

The NGOs say they are the only bulwark between a repressive government and an independent civil society. Hundreds from across the world met in Siem Reap at the first of the month to plan opposition to the law. Among the principal opponents are Amnesty International, Forum Asia, Front Line Defenders, Global Witness, Human Rights Watch and the Southeast Asia Press Association.

"We are accountable for a quarter of all aid in Cambodia. If this law comes into force, it will restrict our ability to help the poor and vulnerable," Lun Borithy, executive director of the Cooperation Committee for Cambodia, was quoted by the Phnom Penh Post as telling delegates to the Global Assembly on Development Effectiveness meeting in Siem Reap. "Cambodia stands to lose more if this law passes."

Caroline McCausland, country director of ActionAid, said NGOs "respect" the government's right to legislate. "All we ask is that the government agrees to let us have voluntary registration. This law really isn't necessary," she said, according to the Phnom Penh Post.

Although a high-level meeting at Cambodia's Ministry of the Interior has been convened to discuss changes to the mandatory registration law, there has been no indication so far that the law will be changed.

Cambodia’s Uighur ‘Madness’

Posted: 19 Jul 2011 08:42 AM PDT

July 19, 2011
By Irwin Loy
The Diplomat

WikiLeaks cables suggest serious shortcomings in Cambodia's willingness to abide by human rights treaties – and China's continuing influence in the country.

Cambodian authorities assured the United States' ambassador to the country that it would abide by international refugee protocols, just two days before it broke its obligations and deported a group of Uighur asylum seekers to an uncertain future in China, according to documents leaked by the anti-secrecy group WikiLeaks.

Details of Cambodia's sudden U-turn, and the worriedbackroom consultations among the US Embassy, United Nations and Cambodian officials that preceded it, are contained in a series of diplomatic cables published by WikiLeaks this month. The classified documents highlight how the United States and the UN Refugee Agency, UNHCR, were caught flat-footed in countering China's influence in the lead-up to the controversial December 2009 deportation. And, say human rights observers, the cables cast a troubling spotlight on China's ability to export its human rights agenda to developing countries like Cambodia.

The first Uighur asylum seeker to arrive in Cambodia came in May 2009. Another 21 Uighurs arrived in October and November. Members of the group, which included two children, fled China following clashes between security forces and demonstrators in July that year in Urumqi, the capital of China's Xinjiang Uighur Autonomous Region. Media reports suggest some of the Uighurs had witnessed the violence and feared prosecution if they were to be returned to China.


At first, the Uighurs maintained a low profile. But a December 3 report in The Washington Post publicized their presence in Cambodia. The ensuing media coverage, and the pending visit of a senior delegation from China, including Vice President Xi Jinping, alarmed officials at the US Embassy, the cables show.

Worries over China's potential influence on the situation clouded a December 14 meeting between US Ambassador Carol Rodley and UNHCR officials, according to one leaked document.

'The Ambassador urged immediate action on the Uighur cases…given the large official Chinese presence in Cambodia, the strong ties between the (Cambodian government) and government of China and the wide latitude for operation of Chinese agents in Cambodia,' a cable dated the same day stated.

The cable suggests Cambodian officials, too, acknowledged some degree of pressure coming from Beijing. Giuseppe de Vincentis, then the UNHCR's deputy regional representative in Thailand, reported that Cambodian Deputy Prime Minister Sar Kheng told him his government was in a 'difficult position due to pressure from outside forces' — a reference Rodley interpreted as being China.

Still, in her own meeting with Sar Kheng, Rodley reported being told that Phnom Penh would protect the Uighur asylum seekers, and that preparations to conduct interviews to assess their refugee claims were underway, according to a December 17 cable.

But fears for the Uighurs' safety proved valid. On the same day Rodley met with Sar Kheng, Cambodian authorities were already preparing to deport the Uighurs, the leaked cables suggest.

A long-standing agreement between the UNHCR and Cambodia meant that decisions on determining the refugee status of asylum seekers in Cambodia were jointly held by both parties. But a new sub-decree signed December 17, when the UNHCR was still attempting to arrange translators just to interview the Uighurs, assigned total control over status determinations to Cambodia. On what appears to be the same day that Sar Kheng assured Rodley the Uighurs would be given due process, Cambodia instead authorized their deportation.


The group of now 20 Uighurs — two had fled days earlier — were removed at gunpoint from a designated safe house on December 18. The next evening, an unscheduled charter jet lifted off from a Cambodian military airbase, located beside Phnom Penh's international airport, with the 20 Uighurs on board. Ground crews at the airport told human rights observers at the time that the plane was a 'V.I.P. plane to China,' a December 21 cable summarizing the events stated.

Shortly after, the government announced China had offered $1.2 billion in bilateral aid — 'more than the cumulative total of Chinese assistance over the past 17 years,' Theodore Allegra, then the embassy's chargé d'affaires, noted in a December 22 cable entitled 'A Grateful China Rewards Cambodia.'

The cable noted that the aid offered by China, already Cambodia's largest donor, easily eclipsed the individual sums pledged that year by other donor countries. The United States, for example, had promised $62 million in development assistance.

'Chinese financial assistance to Cambodia provides a strong incentive for Cambodia to support Beijing's policy objective,' the cable stated in comments attributed to Allegra.

Rights groups say the episode is a glaring example that China is willing to pursue its human rights agenda beyond its own borders — and that it has the means to do it.

'It shows a worrying inclination of the Chinese to take their human rights struggles and export them to other countries and expect governments like Cambodia to do their dirty work,' says Phil Robertson, deputy director of the Asia division of Human Rights Watch.

In the meantime, questions remain over how future asylum seekers will be treated.

Cambodia is a signatory to the UN Convention Relating to the Status of Refugees and its Interior Ministry remains in charge of final decisions on determining refugee status. But critics like Human Rights Watch maintain the Uighur issue shows that Cambodia can't reliably wield such power.

'It's very worrisome that they're basically willing to sign up to every single rights treaty you can imagine, and then implement almost next to nothing,' Robertson says.

But a UNHCR spokeswoman says that determining refugee status is now entirely a Cambodian process.

'It's much like any other country that has signed the 1951 convention,' says Kitty McKinsey, the UNHCR's regional spokeswoman based in Bangkok. 'We're trying to make sure that the standards are met in refugee status determination. We advise in the process. We examine the process to make sure the standards are upheld. We look at the decisions and offer advice or critiques.'

For its part, the US Embassy in Phnom Penh customarily declines to answer questions related to the contents of leaked cables. In an e-mailed response to questions about the adequacy of Cambodia's refugee determination process, embassy spokesman Mark Wenig said: 'The United States applauds the Royal Government of Cambodia's commitment to meeting its responsibilities as a party to the Convention Relating to the Status of Refugees, including its ongoing development of a process for evaluating asylum claims.'

The fate of the deported Uighurs remains unclear. Both the UNHCR and the US Embassy in Phnom Penh say they don't know the group's whereabouts. But in a March 2011 report, Radio Free Asia cited unnamed sources to suggest that all but three were being held at a detention centre in Xinjiang's Kashgar.

In the days following the 2009 deportations, Cambodian officials publicly blamed the UNHCR for its 'slow' response in processing the asylum seekers when it had the chance. The leaked cables show US and other diplomats met with UNHCR Regional Representative Raymond Hall for a 'sober and frank' assessment of what happened.

'He…stated multiple times that, with the benefit of hindsight, UNHCR would have done things differently,' Allegra wrote in a December 22 cable titled 'Cambodia, UNHCR, and the Uighurs: The Madness of the Method.'

'And though some in the group argued that it was foresight rather than hindsight that really mattered here, Hall appeared to be sincerely interested in doing whatever possible for the two remaining Uighur asylum seekers still unaccounted for.'

Rights groups now believe one of the two escaped asylum seekers has resettled in another country. But according to the Radio Free Asia report, the other Uighur asylum seeker was arrested in March 2010 in Laos, and repatriated to China.

Irwin Loy is a Phnom Penh-based writer. His articles have also appeared in publications including The Christian Science Monitor, The Guardian and CNN Traveller, among others.

Thailand Calls for Talks with Cambodia on Temple Dispute

Posted: 19 Jul 2011 08:38 AM PDT

Tuesday, July 19th, 2011
Voice of America

Departing Thai Prime Minister Abhisit Vejjajiva is calling for dialogue with Cambodia to ease military tensions near the border site of a disputed temple, following a ruling from the United Nation's highest court that orders both sides to withdraw troops from the area.

Mr. Abhisit said Tuesday the talks are needed because, in his words, "it is impossible" for both sides to begin a pullback from the remote area simultaneously without talks. He also told Reuters television that Cambodia has some 4,000 troops at the flashpoint site, while Thailand has a smaller force in place.

In Phnom Penh, a Defense Ministry spokesman told VOA's Khmer service Tuesday that Cambodia will not consider withdrawing its troops until Indonesian peace monitors are in place. However, spokesman Phay Siphan said Cambodian forces have been ordered to keep a low profile until peacekeepers promised by the Jakarta government are in place.


Cambodia and Thailand argued their cases to the International Court of Justice in May, following nearly three months of military clashes near the 900-year-old Hindu-Khmer temple, called Preah Vihear (PREH-vee-HEAR) in Cambodia and Phra Viharn (PRAH WEE-hahn) in Thailand.

Nearly 30 people, including civilians, have been killed in the fighting.

Thailand acknowledges that the temple itself belongs to Cambodia, but Bangkok has long claimed much of the land surrounding the facility, including a key access road.

Tensions have mounted since 2008, when UNESCO listed the temple as a World heritage Site.

Thaksin rules out serving jail term

Posted: 19 Jul 2011 08:30 AM PDT

July 19, 2011
The Nation

In his latest interview, former prime minister Thaksin Shinawatra has ruled out serving jail term, saying he will have to "stand for justice" by not accepting 'unfair' legal action against him.

Speaking to Thai PBS in a special interview aired Monday night, Thaksin said he was not fighting for himself but for the justice system as a whole.

"I stand for justice," Thaksin said, using the English words in his Thai-language interview.

He said he could not accept the two-year jail term against him because he regarded that case was unfair for him from the beginning.


The Supreme Court's Criminal Division for Holders of Political Office ruled that Thaksin had abused his authority to help his ex-wife, Kunying Pojaman na Pomphet, buy a Ratchadapisek land prom.

"The case was not fair from the beginning," Thaksin said. "They made my political opponents the investigators against me. And the investigative panel was set up with an order by the coup makers, who toppled me."

Thaksin said he had actually been punished by having to live in exile for over five years.

When the interviewer asked him about what he thought his mistakes during his two terms as the prime minister, Thaksin apologised to Muslims in the southern border provinces for having using violence in dealing with violence in the deep South.

"When we are in power for a long time, sometimes we may use power too much," Thaksin said.

He said he was sorry for having resorted to violence in his attempts to return peace to the region.

During the interview, Thaksin mostly focused on the reconciliation.

He said he would follow the example of former rebel leader and former South Africa President Nelson Mandela to use sports as a tool to bring about reconciliation and unity in Thailand.

Thaksin said Mandela used rugby as a sport to reunite the nation but he would use the campaign to push Thai national football team as a campaign to create unity in the country.

Thaksin said he, as a victim, would be the one to start reconciliation.

He said he has already forgiven his political enemies.

When the interviewer asked him how could he have forgotten his enemies after they had done so much against him, Thaksin replied that he has learnt the way of detachment.

"Life is so short so why should we remain angry against each other," Thaksin said.

He said he was ready to show he had forgiven his enemies by inviting all of his enemies to have coffee with him in Dubai.

"I'll pay for their coffee. Let them meet me here," Thaksin said.

He said he was ready to meet both former Army chief Gen Sonthi Boonyaratglin and People's Alliance for Democracy co-leader Sondhi Limthongkul for a coffer session in Dubai.

He denied that Sondhi had already met him or talked to him over the phone.

Politiktoons No. 169: End of the World

Posted: 19 Jul 2011 08:21 AM PDT

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

CCHR Press Invitation for public forum in Kratie Province on 21 July, 2011

Posted: 19 Jul 2011 12:48 AM PDT

Phnom Penh 19 July 2011

Press Invitation
Public Forum on Human Rights and Development

Date : 21 July 2011
Location : Prek Chamlak villager, Kanh Chor commune, Chhlong district, Kratie province
Time : 8:00 AM – 11:30 AM

Guest Speaker :
  • Provincial governor of Kratie Province
  • H.E. Sao Rany, parliamentarian from Norodom Rannarith Party
  • H.E. Kuch Moly, parliamentarian from Funcinpec Party
  • H.E. Yem Ponharith, parliamentarian from Human Rights Party
  • H.E. Long Ry, parliamentarian from Sam Raingsy Party
  • Mr. Hang Chandi, Chhlong district deputy governor 
  • Representative of Ministry of Environment
  • Representative of Ministry of Agriculture Forestry and Fishery :
  • Mr. Chhut Wutty, Executive Director of Natural Resource Protection Group
Hundreds of residents in Kratie province whose rights has been violated will attend a public forum on "Human Rights and Development" organized by the Cambodian Center for Human Rights (CCHR).

The CCHR has organized the public forum in order to provide an opportunity for residents living in remote areas whose rights have been violated so that they can express their opinions, raise their concerns, make requests and ask questions to their parliamentarians, local authorities, and other stakeholders in the hope of reaching a
peaceful resolution to violations affecting them.

For further information please contact:
Mr. Chhim Savuth, Project Coordinator, +855 12 89 98 58 or savuth@cchrcambodia.org
Mr. Suon Bunthoeun, Project Officer, +855 12 48 35 46 or bunthoeun@cchrcambodia.org


Fomer residents of Group 78 curse the land-grabbers during the 1st anniversary of their forced evictions

Posted: 19 Jul 2011 12:30 AM PDT


http://www.youtube.com/watch?v=wNYcyd1ZKWA&feature=player_embedded

Statement of the Royal Govt of Cambodia regarding the ICJ's order

Posted: 19 Jul 2011 12:01 AM PDT


Cambodian government satisfied with ICJ ruling

Posted: 18 Jul 2011 11:57 PM PDT

Jul 19, 2011
By Albeiro Rodas
AsianCorrepondent.com

Phnom Penh. The Cambodian government is satisfied with the ruling of the International Court of Justice that created yesterday a demilitarized zone around the Preah Vihear Temple [1, pdf][2] and asks Thailand not to obstruct Cambodia's free access to the Temple or prevent it from providing fresh supplies to its non-military personnel, declared an official statement signed by Hor Namhong, the Minister of Foreign Affairs of Cambodia. [3, pdf in Khmer]

"The Kingdom of Cambodia hopes that the Kingdom of Thailand will follow, accept and respect the ruling of the International Court of Justice," the statement said.

The Court confirmed also the role of ASEAN in the bilateral negotiations: "Cambodia and Thailand should continue their co-operation within ASEAN and, in particular, allow the observers appointed by that organization to have access to the provisional demilitarized zone."


ASEAN, the Association of the South East Asian Nations of which Cambodia and Thailand are members, delegated Indonesia, current president of the group, as observer in the territorial conflict between the two kingdoms, but Thailand has preferred a bilateral dialogue without any third part involvement. With the ICJ ruling, Cambodia declared once more its support of Indonesia as the ASEAN appointed observer, which has also the endorsement of the United Nations.

The Thai reaction has been also rather positive, since Foreign Minister Kasit Piromya said today that his country will start talks with Cambodia to coordinate the withdraw of troops from the demilitarized zone ordered by the Court.

Demilitarised zone

Posted: 18 Jul 2011 11:51 PM PDT

Tue, Jul 19, 2011
The Nation/Asia News Network

CAMBODIA - The International Court of Justice yesterday ordered both Thailand and Cambodia to withdraw their troops immediately from Preah Vihear Temple and its disputed area, rejecting Bangkok's request to remove the case from the general list.

The court also said it would continue to work on the interpretation of the scope and meaning of its 1962 judgement awarding the temple to Cambodia, as requested by Phnom Penh to end the long-running conflict over the ancient Hindu temple.

The court declared a "provisional demilitarised zone" around the temple that appeared to be smaller than the 4.6-square-kilometre area claimed by both sides, Foreign Minister Kasit Piromya said.

Prime Minister Abhisit Vejjajiva said Thailand would not pull its troops out of the zone until it consulted with agencies and Cambodia on how to comply with the order.


The Thai government was satisfied with the injunction against armed occupation of the zone, as it did not cause the loss of Thai territory, he said.

"I make it clear that the world court's decision is not binding on Thai sovereignty (over the territory) and the Joint Boundary Commission is the best forum to discuss the border issue," he said.

Abhisit said he would call a meeting at Government House at 9am today with Army Chief Prayuth Chan-ocha, Defence Minister Prawit Wongsuwan and senior officials from relevant agencies such as the Foreign Ministry and National Security Council to discuss measures over security in the disputed areas.

Asked whether JBC talks could begin now or should wait till the new government starts, Abhisit said talks could begin right away but legal interpretations would be needed to help his or the new government to make decisions.

Kasit said the court's decision was acceptable in the sense that both countries were ordered to retreat from the contested area. "It is our original position to see Cambodia withdraw its forces from the temple, its vicinity and Keo Sikha Kiri Svara Temple," he said. "We negotiate with Cambodia from time to time on this issue."

The Hindu temple of Preah Vihear has been sitting at the centre of tension between the neighbours since the court ruled in 1962 that the temple was situated in territory under the sovereignty of Cambodia, and Thailand argued that the temple's surroundings belong to Thailand.

Both sides' militaries have clashed off and on but the most recent and serious exchange took place in February, killing many civilians and soldiers on both sides.

ICJ president Hisashi Owada said in reading out the verdict that "having noted that the temple area had been the scene of armed clashes between the parties and that such clashes might reoccur, the court decided that, in order to ensure that no irreparable damage was caused, there was an urgent need for the presence of all armed forces to be temporarily excluded from a provisional demilitarised zone around the area of the temple."

The court also stated that Thailand should not obstruct Cambodia's free access to the Temple of Preah Vihear, or prevent it from providing fresh supplies to its non-military personnel.

It said Cambodia and Thailand should continue their cooperation within Asean and, in particular, allow the observers appointed by that organisation to have access to the provisional demilitarised zone, and that both parties should refrain from any action which might aggravate or extend the dispute before the court or make it more difficult to resolve.

The Cambodian delegation, led by Deputy Prime Minister Hor Namhong, said his country was content with the court's decision and the establishment of a demilitarised zone around the temple.

"What it means is there will be a permanent cease-fire. It will be tantamount to the cessation of aggression of Thailand against Cambodia," he was quoted as saying by Agence France-Presse.

How Courts in Southeast Asia Are Muzzling Free Expression

Posted: 18 Jul 2011 11:47 PM PDT

July 19, 2011
Amy Sim
The Jakarta Globe
With the censors becoming more sophisticated in their attempts to restrict freedom of expression, free speech advocates must also step up their game to monitor both blatant and subtle forms of censorship in Southeast Asia and reverse the chilling effect these actions have on freedom of expression.
The United Nations special rapporteur for freedom of expression, Frank La Rue, ended his nine-day visit to Indonesia, Malaysia, Cambodia and Thailand this past weekend. In those nine days, a number of events highlighted the dire state of freedom of expression in Southeast Asia and pointed toward a number of key trends and new forms of censorship.

The first instance was on July 9 when Indonesia's Supreme Court found Prita Mulyasari, a mother of three, guilty of criminal defamation and gave her a six-month suspended sentence for sending e-mails to friends complaining about the medical service she had received at a hospital. This judgment contradicted a previous ruling by the Supreme Court in a civil defamation suit in favor of Prita.

Her case clearly exposes the problems with the 2008 Electronic Transactions and Information Law, demonstrating how legitimate speech or complaints of service can easily be criminalized. Under this law, alleged defamation by an individual communicated over the Internet can be punished by up to six years in prison and a fine of up to Rp 1 billion ($117,000), more than the maximum penalty for criminal defamation under the Criminal Code.


Then in Thailand a Royal Thai Air Force commander became the first military officer to face trial under the lese-majeste law, which protects the monarch from offensive remarks, and the Computer Crime Act for posting messages on his Facebook page referring to the dictatorial father in a TV soap opera and song. Following the political unrest in Thailand, the Internet has become a battleground for different parties. The government has aggressively used the 2007 Computer Crime Act to limit online speech, especially speech by the supporters of the opposition.

The CCA severely undermines the right to freely provide and receive information over the Internet by using vague and broad provisions subject to interpretation, imposing liability on Internet service providers, carrying out surveillance of users not suspected of a crime and blocking Web sites.

In addition, the CCA is often used together with lese-majeste charges under the Penal Code by the government to silence its critics. Tens of thousands of Web sites are being blocked, many without any judicial authority. The number of CCA legal cases rose from 28 in 2008 to 76 in 2010.

Although public access to the Internet is generally promoted in Indonesia, Malaysia, Cambodia and Thailand, governments are taking action and putting in place measures to unduly restrict freedom of expression on the Internet. Rules on freedom of expression are well established in international human rights law through Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Governments must recognize that these rules on freedom of expression apply to Internet communications as well.

Recent events also include the dramatic crackdown on the Bersih 2.0 campaign in Malaysia. Some 50,000 citizens peacefully took to the streets of Kuala Lumpur on July 9 to call for fair elections, only to face tear gas and police beatings. Police arrested and then released without charges 1,667 protesters.

Before the rally, the government also arrested around 40 people under the Societies Act for possessing Bersih T-shirts and other "illegal" materials. They are faced with the threat of five years in prison for exercising their right to freedom of expression, assembly and association. Furthermore, six activists remain detained indefinitely without charge, arrested while traveling to the Bersih 2.0 event on the suspicion of "waging war against the king."

In Cambodia on Thursday, the Supreme Court upheld the two- to three-year jail sentences of four men convicted of distributing leaflets allegedly criticizing the government's relationship with Vietnam. They were found guilty of incitement under the Penal Code.

A common thread runs through these cases: the frequent use of laws to suppress speech and opinions. While the region has been undergoing a process of democratization with the waning of authoritarian governments in the last two decades, state actors have found in the justice system an effective tool to silence dissent and to demonize the opposition. By passing vague and overbroad laws, they are now able to legalize the suppression of expression.

With the censors becoming more sophisticated in their attempts to restrict freedom of expression, free speech advocates must also step up their game to monitor both blatant and subtle forms of censorship in Southeast Asia and reverse the chilling effect these actions have on freedom of expression.

Amy Sim is senior program officer at Article 19, a London-based NGO that works globally to promote and protect the right to freedom of expression.

Thai PM chair meeting to consider World Court's ruling

Posted: 18 Jul 2011 11:41 PM PDT

BANGKOK, July 19 (MCOT online news) -- Thailand's Prime Minister Abhisit Vejjajiva on Tuesday will chair a meeting of security concerned agencies to discuss the International Court of Justice (ICJ) or World Court ruling on the Thai-Cambodian border dispute.

Mr Abhisit had invited representatives of security-concerned agencies including the armed forces, Ministry of Foreign Affairs, National Security Council, the secretary-general of the Council of State and the secretariat of the Cabinet to the meeting.

It was expected that the meeting would consider the provisional measures issued by the ICJ, the highest UN court, focusing on the possible impact against Thai domestic law.

The UN court on Monday turned down Cambodia's demand for a unilateral Thai pullback, and Thailand's demand for Cambodia's request to be removed from the court's consideration was unanimously rejected.


The World Court ordered Thailand and Cambodia to immediately withdraw all military personnel currently present in the provisional demilitarised zone, as defined by the court, and to refrain from any military presence within that zone and from any armed activity directed at it.

Thailand was ordered not obstruct Cambodia's free access to the temple, or to prevent it from providing fresh supplies to its non-military personnel.

According to the court's decision, Thailand and Cambodia must continue their cooperation within the framework of the Association of Southeast Asian Nations (ASEAN) and, in particular, allow observers appointed by that organization to have access to the provisional demilitarised zone.

Thailand and Cambodia must refrain from any action which might aggravate or extend the dispute before the Court nor make it more difficult to resolve. The two countries were also ordered to revive their stalled talks to resolve the conflicts.

In the meantime, Thailand and Cambodia must each inform the court as to its compliance with the provisional measures until a decision on Cambodia's main request for interpretation of the 1962 order is finalised, which is expected to take the court several months.

Cambodia asked the court to clarify and interpret its ruling on Preah Vihear temple in 1962, in which the court ruled the ancient Hindu temple belonged to Cambodia but did not define the boundaries in the area surrounding the structure.

The Thai Foreign Ministry stated that the court's order on provisional measures and the provisional demilitarised zone would not prejudice the court's judgement to be made concerning Cambodia's request for the interpretation of the 1962 Judgement regarding the Preah Vihear temple and would not affect Thailand's territory sovereignty and integrity.

In a related development, the French news agency Agence-France-Presse (AFP) reported that the United States had renewed its call for Thailand and Cambodia to resolve their border rift peacefully after the UN's highest court ordered the countries to pull troops from the disputed area.

It quoted US State Department spokeswoman Heide Bronke Fulton as saying that "the United States has consistently called upon both sides to continue dialogue and exercise maximum restraint in order to peacefully resolve their disputes and strengthen regional stability."

The United States also voiced support for the efforts by Indonesia, current chair of ASEAN, to mediate between the two members of the bloc.

Thailand ready to abide by UN court's ruling over temple [-Thai disingineous face saving action?]

Posted: 18 Jul 2011 11:31 PM PDT

July 19, 2011
ABC Radio Australia

The United Nations' highest court has ordered Thailand and Cambodia to immediately withdraw their troops from the disputed border regions around the ancient Preah Vihear temple.

Presenter: Sen Lam
Speaker: Dr Panitan Wattanayagorn, spokesman for Thai Government


DR PANITAN: We welcome the court decision, in regards of asking the Cambodia troops to withdraw from what the court called the demilitarised zone, that's what we've been asking Cambodia to do all along.

LAM: But Bangkok did not want the International Court of Justice to proceed, to begin with, so is Thailand disappointed with this decision?

DR PANITAN: We are a good member of the United Nations. We will follow the good practice that we have been adopting since we became a member of the UN. But we also need to follow internal procedures, based on our Constitution. Rulings must also be worked out by the internal committees of Parliament, the Parliament that will come in the next few weeks.

LAM: Well, the Thai foreign minister Kasit Piromya says that Bangkok will honour the ICJ ruling but will hold more talks with Phnom Penh over its claims - why was this not done before? What's changed since Indonesia's foreign minister Marty Natalegawa tried to act as mediator a few months back?


DR PANITAN: I think we er.. it is quite clear that in order to implement measures in the areas, Cambodia and Thailand need to sit down properly, using existing mechanisms. Today, we welcome that aspect. The implementation of the court ruling will require Cambodia to sit down with Thailand under a framework, in order to effectively create these measures.

LAM: So is Thailand happy to allow observers from the ten-nation ASEAN bloc, to the demilitarised zone, to effectively work as observers there. Is Thailand agreeable to this?

DR PANITAN: Well, once we agreed in principle already, to allow the observers to come to the designated areas in the beginning, but of course, due to differences in terms of technicalities, the observer team could not be in Thailand in the past, but today, we welcome that decision, in order to implement these measures. We will need to work closely with ASEAN.

Foreign minister Kasit Piromya has already despatched a deputy permanent secretary to talk with the Indonesian foreign minister in order to look into some of these measures, that could be implemented in the next few weeks.

LAM: Well, some 85,000 civilians, mainly Cambodians, fled the region, during the fighting back in April. Will Thailand and Thai authorities lend a hand to ensure that these civilians return to their homeland, back to Cambodian territory?

DR PANITAN: We have been helping people who have been affected by fighting in our neighbouring countries for the past few decades. That's when Thailand adopted a humanitarian aspect of policies concerning these people. We're also concerned about our own people, who've been affected by the troops who were stationed along the Thai-Cambodian borders. We welcome the withdrawal of the Cambodian troops in those areas, so that Thais could return to their homes peacefully also.

UN calls for retreat by Thais, Cambodians

Posted: 18 Jul 2011 11:25 PM PDT

July 19, 2011
Associated Press

THE HAGUE - The UN's highest court yesterday created a demilitarized zone around a 1,000-year-old temple on the disputed border between Cambodia and Thailand, and ordered the armed forces from both countries to withdraw.

Both countries said they were satisfied with the ruling by the International Court of Justice, meant to end clashes that have claimed about 20 lives in the last three years and have displaced tens of thousands of people from the area around the Preah Vihear temple.

But Prime Minister Abhisit Vejjajiva of Thailand said that Thai soldiers will not pull out from the disputed area until the military of both countries agree on the mutual withdrawal.


"We need to talk to the Cambodians as the Cambodians also have to pull out their troops,'' Abhisit said in Bangkok.

"So there has to be some kind of mechanism to verify, to do it in an orderly manner. And therefore it depends on the two sides to come together and talk,'' he said, suggesting that an existing joint border committee would be the appropriate place to plan a coordinated pullback.

In The Hague, Foreign Minister Hor Namhong of Cambodia said the establishment of a demilitarized zone would mean "a permanent cease-fire. It will be tantamount to a cessation of aggression'' by Thailand.

In brief remarks to reporters outside the courtroom, he made no reference to the demand for Cambodian troops to abandon the temple grounds.

The "provisional demilitarized zone'' mapped out by the world court judges calls for Thai troops to move off a ridge line north of the temple and for Cambodian forces to leave the temple complex and move across a deep valley south of the shrine. It also called on the nations to allow officers from the Association of Southeast Asian Nations into the area to observe the cease-fire, which was called for by the UN Security Council last February.

UN court orders Thai-Cambodian troop withdrawal

Posted: 18 Jul 2011 11:21 PM PDT

July 19, 2011
ABC Radio Australia

The International Court of Justice in the Hague has ordered troops from both Thailand and Cambodia to immediately withdraw from disputed areas around the World Heritage-listed Preah Vihear temple straddling the two countries border.

Cambodia launched a legal battle before the Court in April, a move opposed by Thailand.

The court drew a "provisional demilitarised zone" around the 1,000-year-old temple that would push Thai troops back from positions they have long occupied and would see Cambodian armed forces leave the temple's immediate vicinity.

The International Court also called on the two nations to allow the Association of Southeast Asian Nations monitors into the area to observe the cease-fire. Both sides say they are satisfied the decision

Presenter: Bill Bainbridge
Speaker: Judge Hisashi Owada, president of the International Court of Justice; Hor Namhong, Cambodian Foreign Minister; Abhisit Vejjajiva, former Thai prime minister

Vietnam confesses to inteference into Cambodia's future ... Cambodia's cuurent development is not due to Hun Xhen but due to the Viets

Posted: 18 Jul 2011 11:08 PM PDT

Praise for VN expert help in Cambodia

July, 19 2011
Vietnam News (Hanoi)

HA NOI — Many Vietnamese experts helped the Cambodian revolution, setting a friendly way for future generations to continue, said State President Nguyen Minh Triet yesterday.

Triet was addressing a delegation from the Liaison Committee for Former Vietnamese Experts in Cambodia in Ha Noi yesterday.

The State leader said Cambodia's current development achievements was influenced by the contributions of the former experts and the sacrifices made by Vietnamese soldiers.

The President said that after assisting the Cambodian people to liberate their country in 1979, the Vietnamese Party and State sent tens of thousands of Vietnamese experts in all fields to Cambodia to help the country reduce poverty and epidemics.

Hindus hail Hague Court decision on famed Preah Vihear Shiva Temple

Posted: 18 Jul 2011 10:55 PM PDT

From ANI (India)

Nevada (US), July 19: Welcoming the International Court of Justice (ICJ) decision on demilitarizing Preah Vihear Hindu temple on Thailand-Cambodia border, the Hindus have urged international organizations to urgently undertake its restoration work.

ICJ, the principal judicial organ of the United Nations established in 1945, in its decision at Hague (Netherlands) on July 18, reportedly found out that both Parties (Cambodia and Thailand) must immediately withdraw their military personnel currently present in the provisional demilitarized zone defined by it, and refrain from any military presence within that zone and from any armed activity directed at that zone, to ensure that no irreparable damage was caused. There were skirmishes between both countries in the earlier part of the year reportedly causing damage to this Shiva temple, a UNESCO World Heritage site.

Esteemed Hindu statesman Rajan Zed, in a statement in Nevada (USA) on Monday, said that demilitarization of the temple area would probably avoid the risk of further damage to the ancient Hindu shrine.


Zed, who is the president of Universal Society of Hinduism, stressed that international community, UNESCO (United Nations Educational, Scientific and Cultural Organization), and ASEAN (Association of Southeast Asian Nations) should immediately provide funding and manpower for restoring this Lord Shiva temple back to its original shape.

These organizations should not shy away to shoulder their responsibility of saving the important heritage of the world and respecting the feelings of Hindus worldwide, he added.

Besides temple repairs, some infrastructure in the area should also be provided for devotees and other visitors, he said.

Zed pointed out that this landmark age-old and revered Hindu temple complex in Preah Vihear province of Cambodia, about 245 kilometers north of Phnom Penh, was important to Hindu heritage and must be preserved to pass it on to the future generations. Damage and deterioration of 11th century Shiva temple was shocking and hurtful to the Hindu community world over.

Lord Shiva, one of the major deities in Hinduism forming great triad with Brahma and Vishnu, was focus of worship of the Hindus, and it was important for them that Preah Vihear Hindu Shiva temple be protected and restored. It was moral duty of the world to keep it intact for the coming generations, he added.

Known as Preah Vihear in Cambodia and Khao Phra Viharn in Thailand, this remote temple had been a source of tension for generations. Preah Vihear was said to even predate Cambodia's Angkor Wat temple complex by about 100 years and its stunning setting made it finest of all the ruins left from the mighty Khmer civilization, Zed said.

He argued that world should not let this sacred site dedicated to Lord Shiva (situated where Preah Vihear province of northern Cambodia touched Sisaket province of eastern Thailand), whose history could be traced to 9th century when the hermitage was founded, be further damaged to advance political agendas of some.

Moreover, the Temple of Preah Vihear, an outstanding masterpiece of Khmer architecture mostly created by Suryavarman I and Suryavarman II, was a unique architectural complex of a series of sanctuaries and was said to be exceptional for the quality of its architecture and carved stone ornamentation. It was reportedly dedicated to the Hindu deity Shiva in his manifestations as Sikharesvara and Bhadresvara.

It was also said to be marking representation of sacred Mount Meru, the abode of the gods, and showing a depiction of Churning of the Ocean, a Hindu scriptural episode, Zed said.

The Cambodian Government's National Committee for the World Heritage describes Preah Vihear as: The site serves as a sacred place worshipping to the Hindu god Shiva manifesting as Sikharesvara (the Lord of Peak) and his figures are depicted on pediments and lintels.

2007 Thai Govt Secret Map on Preah Vihear

Posted: 18 Jul 2011 10:45 PM PDT

Dear All,

There is no gain or no loss for any party here so far. The orders simply are temporary measures pending the ICJ resolution/decision of Cambodia's application for Interpretation.

The fact that ICJ ruled that it has the necessary jurisdiction/competence to ascertain Cambodia's Application for provisional measures/ injunctions, is a great win for Cambodia. This ruling is unprecedented. I would not have been surprised if the Court ruled otherwise, i.e. accepting Thai's sumbission that ICJ has no competence to accept and decide Cambodia's Application after over 50 years later of the decision (1962).

In term of the demilitarised zone coverage, the zone covers more Thai territory than Khmer's, a bit more, about 1 km from the boundary line (to the north) as depicted on the 1908 (Dangrek Section) map.

See attached maps for reference. Please note the 1st Page of this document is the Secret Map drawn and used by the Thai Govt in 2007 for submission to UNESCO for PV as World Heritage.

Regards,

Bora Touch

2007 Thai Secret Map on Preah Vihear
http://www.scribd.com/fullscreen/60306684?access_key=key-1llx84x362qbt14t87ya

Entire ICJ Order 18 July 2011

Posted: 18 Jul 2011 10:29 PM PDT

Entire ICJ Order 18 July 2011
http://www.scribd.com/fullscreen/60305807?access_key=key-1u526ovdif3e3lsx1x51

Sacrava's Political Cartoon: Demilitarized Zone

Posted: 18 Jul 2011 10:07 PM PDT

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

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