KI Media: “"Our language is evolving, not dying" - By Lim Sovannarith” plus 24 more |
- "Our language is evolving, not dying" - By Lim Sovannarith
- The late rose - Poem by Peauladd Huy
- You really mean it?
- City Moves To Begin Titling at Boeung Kak Lake
- Preay lang issue spills into Phnom Penh
- Sacrava's Political Cartoon: The Avatar
- Cambodia Villagers Stage "Avatar" Themed Protest about Land Loss
- Defense Spending Expected to Rise Into 2012 [-It takes a lot of money to maintain Hun Xen's bodyguard unit?]
- Thaksin 'has no plan' to go to Cambodia
- Thaksin and Thailand's foreign policy
- [Thai] Young culture minister has far to go
- "Hun Sen also ordered all mass media in Cambodia to refrain from publicising news or commentaries deemed defamatory to his Thai counterpart": Thai rath
- Blunk threatens Steve Heder?
- No change to reserve requirement
- Friendly bridge, swift evictions
- Thaksin not going to Cambodia: legal adviser
- Cambodia withdraws more troops from border with Thailand
- Union rips into ILO garment report
- Pray Long for Prey Lang - press release from the Prey Lang Network in solidarity with communities affected by land conflicts throughout Cambodia
- Brain Food
- UN Convention Against Corruption
- Brain Food
- UN Convention on the Rights of the Child
- Brain Food
- Cambodia unclear about Thaksin's visit this week: defense minister (sic!)
| "Our language is evolving, not dying" - By Lim Sovannarith Posted: 18 Aug 2011 09:59 PM PDT  Dear Editor, I am responding to Theary C Seng's article "A language in crisis", published in the opinion page of The Phnom Penh Post on August 16. With great interest and curiosity, I read Ms Seng's analysis of the Khmer language and her observat-ions on how the language is used. For one thing, I come from a language-education background, and for another I have come to realise I am not the only one who is concerned about the future of the Khmer language and its ''complicated'' usage. I embrace Ms Seng's goodwill and her efforts to preserve the Khmer language. But I would like to respond to some of her analyses and observations, which I find quite prescriptive from my point of view. "Crude, offensive" words are a characteristic of any language, and I say they cannot be regarded as prohibited words. That people use these words is not a language problem. It's a people problem that, in turn, reflects the society in which these people live. Besides, the fact that people fail to use proper styles of Khmer language in different settings – be they formal or informal – is not a language problem. Again, it's a problem with the people who use the language. When Ms Seng says the use of these words should be stopped, I understand that she is suggesting these words are prohibited. But if she meant to suggest that the people who speak the language should stop using these words, the problem, as I mentioned, lies not with the language but the users themselves. So it's not the language that's in crisis – it's the people who use it! I strongly agree that we need a Khmer dictionary that includes new Khmer words being used by people who speak this language. But I'm not convinced the Khmer language is limited in terms of "communicating complex ideas". And judging it as such does the language itself no justice. Any language is limited in terms of communicating ideas, however complicated they are. And, like any other language, Khmer is rich in expressions with their own subtle characteristics. I acknowledge that the Khmer language is under-studied, but that doesn't make it a dying lang-uage. In fact, it lives and is evolving. Prescriptivists may not be happy with this trend, but it's a fact: a living language is never static. A language dies when no one uses it. This is far from being the case for the Khmer language. I don't say it's in crisis – its users are! And to understand why Khmer- speakers are in such a crisis (in their use of the language, that is), a look at the Cambodian historical context may generate an answer, as also suggested by Ms Seng. Khmer is now a modern language. A great deal about it has changed and a lot can be said about it now, so research into this language is badly needed. (Surprisingly, however, discussions about the Khmer language and how it is used are usually written in a language other than Khmer!) humbly respect Theary Seng's eff-orts to keep the Khmer language alive, and I join her in calling for our country's leaders to turn their attention to promoting the national language. Lim Sovannarith Phnom Penh  | ||||
| The late rose - Poem by Peauladd Huy Posted: 18 Aug 2011 05:55 PM PDT The late rose By Peauladd Huy I've cried long enough in the dark. I've been kept hidden all summer long and now late autumn, I'm being sent out when those before me are already gone: all dead petals settled like mounds. O Living Father, what is the meaning of this life? Abandoned to the environment: bitter colds and erratic sunlight under the old magnolia. Root bound, mostly stones sunk slumped drippy grey. I hope I am not asking too much, Father, just to be like my other brethrens in full sunlight, not like those getting only glimpses now and then, as if being banished forever to damp life of shadow, like those with names: Saxifrage, Violet, Fern, and Jack- In-the-Pulpit peeking out between stones and soil – not to mention those bare roots. Remember I'm a rose and, I need full sun all the time. What is your purpose in sending me out like this? I'm so confused, Dear Father. Was there a lesson in living under conditions against my nature? Was this your way of teaching me adversity in this life?  | ||||
| Posted: 18 Aug 2011 05:33 PM PDT   | ||||
| City Moves To Begin Titling at Boeung Kak Lake Posted: 18 Aug 2011 05:04 PM PDT
Thursday, 18 August 2011 Chun Sakada, VOA Khmer | Phnom Penh
Phnom Penh officials met with representatives from the Beoung Kak lake area on Thursday, the first move toward dispensing land to some 800 families who had refused to make way for a massive development project. The city will provide around 12 hectares of land to the families to build houses, but they must build them to code and pay property taxes, Phnom Penh Governor Kep Chuktema said. The titling came at the order of Prime Minister Hun Sen, following a threat by the World Bank that it would suspend funding if the impasse between villagers, the city and the developer were not resolved. "I will have a commission to make the land titles for you on Monday," Kep Chuktema said. "I would like you all to be prepared to cooperate, because we have measured [the land]," he said. "This is the official property." Tep Vanny, a community representative, said the city will issue the land titles, but discussions will have to continue about the construction of homes. "The land titles are very important for Boeung Kak residents, as well as all the people throughout Cambodia facing eviction," she said. "When we have land titles for our children and grandchildren, forever, we have safety of land and home." Vong Sokheng, a 44-year-old resident of one community near the filled-in lake, said the land titles will prevent the types of protests that led to violent clashes with authorities. "Our people are very happy and are prepared to cooperate with the authorities to make the land titles," she said. Um Sokhon, a 60-year-old woman from the area, said she had waited "a long time" for a title, which she said will now give her some comfort. "In the past, I lived in fear of confiscation," she said. However, even after Monday's meeting, some residents, like Daung Kea, 43, remained wary. "I'm happy mixed with sad," Daung Kea said. "When we clearly see the land titles in our hands, we'll be satisfied."  | ||||
| Preay lang issue spills into Phnom Penh Posted: 18 Aug 2011 04:58 PM PDT http://www.youtube.com/watch?v=06h8EK6MbbA&feature=player_embedded  | ||||
| Sacrava's Political Cartoon: The Avatar Posted: 18 Aug 2011 04:56 PM PDT | ||||
| Cambodia Villagers Stage "Avatar" Themed Protest about Land Loss Posted: 18 Aug 2011 04:54 PM PDT
Ou Virak, who heads the Cambodian Center for Human Rights, says the real reason for the detentions was that such the protests threaten the ability of the elite to exploit Cambodia's natural resources. More than 100 villagers from rural Cambodia were detained briefly by the authorities in Phnom Penh after handing out leaflets detailing how government land concessions are affecting their lives. Early Thursday, about 120 villagers gathered to pray at a Buddhist shrine on the riverfront in Phnom Penh. Many were dressed in outfits designed to evoke a Cambodian version of the hit film "Avatar" - which depicts the struggle of an alien race battling to save their forest from commercial exploitation. Protesters had green painted faces, green shirts and wore a green leaf as a hat. They said they had come to the capital to let the public know of the troubles they face in rural areas where huge tracts of forest have been leased to domestic and foreign businesses. Villager Kao Chart, who traveled from the northeastern province, Kratie, says the forests are being cleared and people like him are losing their livelihoods. He says 20 people came from his area, and are praying to the Buddha for help. He says taking care of the environment is a priority. A community group says similar gatherings took place in 145 other locations across Cambodia. The claim could not be confirmed, but a nationwide effort would mark an unusual degree of cooperation on a social issue in Cambodia, where activism tends to be local and small-scale. However, land issues are a significant problem affecting many communities. Earlier this week, the Cambodian Center for Human Rights, a local non-profit organization, released a report showing that ownership of at least five percent of land, nationwide, had been disputed in the past four years. CCHR estimates that 47,000 families are either at risk of land conflict or had been affected by it. One threatened area in the news recently was Prey Lang, the largest lowland evergreen forest in the region. Large tracts of this unprotected forest have recently been leased to rubber plantations. Villager Kao Chart, who relies on Prey Lang for a living, says he is optimistic that coming to Phnom Penh would raise awareness of the problems. He says what he hopes the demonstration will attract more support. He says the government must control deforestation. After the prayer session concluded, the villagers dispersed around the capital and started handing out leaflets that highlight the importance of preserving the forest. But within an hour or so the authorities had detained more than 100 members of the group. All were released shortly afterwards after promising they would not hand out leaflets again without permission. Despite repeated calls a ministry of interior spokesman was not available to comment on the detentions or the government's reasons for preventing the leaflets from being distributed. Three prominent rights groups spoke out against the detentions and the ban on distributing fliers. They said authorities had claimed the act of distribution could disrupt social order. Ou Virak, who heads the Cambodian Center for Human Rights, says the real reason for the detentions was that such the protests threaten the ability of the elite to exploit Cambodia's natural resources.  | ||||
| Posted: 18 Aug 2011 04:42 PM PDT
Thursday, 18 August 2011 Heng Reaksmey, VOA Khmer | Phnom Penh "We divide [the budget] depending on the reality of each year." Cambodia expects to bump up its military and defense budget next year, an increase that comes amid an ongoing standoff with Thailand over the border near Preah Vihear, officials said Wednesday. Defense remains a priority sector for spending, garnering $304 million in 2011, when it also saw an increase. Officials say they expect to prioritize health and education spending for 2012. However, national defense remains a primary concern, with an ongoing border dispute that began in July 2008 and has led to a number of deadly skirmishes over the last three years. As a result, the government has begun a recruitment drive for 5,000 more soldiers—many of them to replace retiring troops—who will train for three months before they are sent to the northern border. The 2011 budget totaled $2.4 billion, with the Ministry of Defense—a portion only of defense and security spending—receiving $190 million, the Ministry of Education $223 million, and the Ministry of Health $169 million. The $304-million defense and security budget for 2011 was less than Cambodia's neighbors last year. US officials estimate Thailand's defense spending at $2.41 billion, Vietnam's at $5.2 billion. Laos spent less, with $212 million. Finance Minister Keat Chhon declined to comment on the spending increase, saying only it has been "decided." "Everything is already prepared," said Defense Minister Tea Banh. "We divide [the budget] depending on the reality of each year." By comparison, last year's budget for education was $915,000. Ly Sethik, director of finance for the Ministry of Education, said the budget increase for next year would go toward salaries. Teachers have long complained of low government salaries, which they say forces them to take other jobs and ask for daily payments from students, marginalizing the poorest of them. "With economic growth, it's no problem that the budget is increased," Ly Sethik said. Health Ministry officials declined to comment in detail on next year's budget. Ly Horn, finance director for the ministry, said he was "not sure" how much an increase would be.  | ||||
| Thaksin 'has no plan' to go to Cambodia Posted: 18 Aug 2011 04:37 PM PDT 19/08/2011 Aekarach Sattaburuth Bangkok Post Deposed prime minister Thaksin Shinawatra has no plan to visit Cambodia at this time, says his close aide and legal adviser Noppadon Pattama. Mr Noppadon said Thaksin told him over the phone around 3pm yesterday he would not travel to Cambodia from Friday to Sunday or after his trip to Japan, as reported in the media. Thaksin is scheduled to visit Japan from Monday to Friday. Mr Noppadon also denied reports that Thaksin planned to discuss a business deal on petroleum resource development in the overlapping maritime area between Thailand and Cambodia. "He is fully aware of the situation in Thailand and does not want to be a target of opposition attacks," Mr Noppadon said. The former prime minister did not want to cause the government, led by his younger sister Yingluck Shinawatra, to worry about him. Thaksin wanted to see the government direct all its efforts to helping the public, he said. When asked which country Thaksin would go to after visiting Japan, Mr Noppadon said he did not know. On Thaksin's plan to return to Thailand, the former prime minister would return to the kingdom "when the time was right", Mr Noppadon said. He insisted his boss would not do anything to obstruct the government's efforts to solve the country's problems.  | ||||
| Thaksin and Thailand's foreign policy Posted: 18 Aug 2011 04:34 PM PDT 19/08/2011 Suranand Vejjajiva Bangkok Post The erstwhile Democrat-led government of Abhisit Vejjajiva made "catching the fugitive" the heart of its foreign policy. Mr Abhisit's Foreign Ministry team _ including Kasit Piromya as foreign minister, vice-minister Panich Vikitsreth and the minister's secretary Chavanond Intarakomalyasut _ spent a vast amount of time and resources on this unsuccessful venture. The costs and negative consequences from such a one-track policy are high and have now become a burden on the present government of Prime Minister Yingluck Shinawatra. The intense political conflict since the coup d'etat of Sept 19, 2006 derailed the foreign policy initiatives put in place during the administration of Thaksin Shinawatra. His vision was carried out by Surakiart Sathirathai and, subsequently, by Kanthati Suphamongkhon. As foreign ministers, both were at the forefront in putting Thailand on the international radar screen. Recognition was not limited to the regional Association of Southeast Asian Nations and neighbouring countries, but expanded into many formal and informal multilateral forums such as the Asian Cooperation Dialogue. The expanded network was designed to put Thailand as the centre of the various ongoing discussions and dialogues. In our globalised world it is essential to be in the midst of things and, of course, to be recognised and consulted. Thaksin's game plan seemed to work smoothly. Multilateral, bilateral and business deals were made, although later on Thaksin was accused of making deals for his own benefit. But all in all, the nation benefited. The free trade agreements _ for instance with China and India _ which were attacked by the then opposition Democrat Party and the People's Alliance for Democracy, have since proved to be the key instruments in sustaining trade and growth as China and India emerge as the engine of growth for Asia-Pacific and the world. Neighbouring countries, especially our historical arch-enemies Cambodia and Burma, were on talking terms and relations were friendly. Thailand's respectable status provided a platform for Mr Surakiart to run for the post of the United Nations secretary-general; he was a front-runner, till the coup ended Thailand's legitimacy as a viable democracy. From that point on, Thai diplomacy went south. It hit rock bottom during Mr Abhisit's administration. The failed Asean summit and a non-productive Asean chair, the bickering with Cambodia, the non-dialogue with Burma, the lukewarm relations with China, the walking out of the World Heritage meeting are prime examples of diplomatic missteps and the determinant of foreign policy to please domestic alliances that toppled Thaksin and brought into power the last government. That being said, on the flip side of the coin, now that Thaksin's supporters are back in power and Ms Yingluck is prime minister, they must not fall into the same pit. For if Mr Abhisit's foreign policy priority was to hunt down Thaksin, Ms Yingluck's diplomacy should not be only to vindicate Thaksin at any cost. The current controversy about Japan granting permission for Thaksin to enter the country next week, could be a prelude to more controversies yet to come. It appears that the past government used political pressure on other countries to constrain Thaksin from travelling where he wished. Thaksin is not on the "wanted" list of Interpol. The criminal cases against Thaksin, especially the one in which he was found guilty, may be so under Thai law and the Thai court's decision, but many countries viewed them as political in nature. What is not consistent is what happened after Ms Yingluck assumed premiership and the new Foreign Minister Surapong Tovichakchaikul was appointed. The Japanese indicated that the visa request was from the Thai government; Ms Yingluck and Mr Surapong said it was the decision of the Japanese and that Thaksin was on a personal trip, that he was not a government representative. The opposition Democrats are gearing up to impeach the prime minister and foreign minister, claiming both have overstepped the bounds of the Constitution. In parallel, a newspaper quoted a source regarding the intention of the new government to return Thaksin's diplomatic passport, which he is entitled to as a former prime minister. The Surayud government revoked it after the coup and the last government continued with that policy. The matter has been denied by Mr Surapong as he has yet to review the documents. In addition, in the past two days, news of Thaksin travelling to Cambodia has been tied with the discussions on the development of gas fields in the Gulf of Thailand. This is another politically sensitive issue that could bring the yellow-shirted PAD back into action. Noppadon Pattama, another former foreign minister and close aide to Thaksin, has denied that Thaksin plans to visit Cambodia. Some say Thaksin should sit still, but knowing Thaksin, that won't happen. He will continue with his business ventures while at the same time working to exonerate himself. However, Thaksin's vast network could be beneficial to the nation's interests. Ms Yingluck must prove she can use her brother's resources for the benefit of all instead of vice versa. It would not be fair to instantly brand Mr Surapong as Thaksin's lackey. Mr Surapong has spent years with the Democrats and was vocal in his attacks on Thaksin's telecom policies and conflicts of interest. His turnaround, according to him, was because he learned something was wrong in the Democrats' line of attack. Although he is not an old diplomatic hand as some would like, he is a veteran politician who knows the ins and outs. Give him a chance and maybe he can achieve what an old hand like Mr Kasit could not. Domestic political fights that engulf and dictate foreign affairs result in lost opportunities in trade, investment and security leverage. The current economic crisis in Europe and the United States and the upcoming Asean Economic Community in 2015 are issues that must be dealt with immediately. Effective diplomacy will play an important role in Thailand's future and its place in the world. The nation's credibility in international forums must be rebuilt after five years in the doldrums. Ms Yingluck and Mr Surapong must make a clean break from the circle of issues surrounding Thaksin in foreign affairs. My concern is, if this government's foreign policy remains tangled with Thaksin, albeit from a different and opposite angle, it would be no different from the previous government's, with the end result that our country is left in even worse shape for everyone concerned. ------------ Suranand Vejjajiva served in the Thaksin Shinawatra cabinet and is now a political analyst.  | ||||
| [Thai] Young culture minister has far to go Posted: 18 Aug 2011 04:32 PM PDT
Kultida Samabuddhi Bangkok Post Mrs Sukumol made a good start when she dealt with the issue of Cambodia's listing of the Royal Ballet of Cambodia and the Sbek Thom Khmer shadow theatre on Unesco's list of intangible cultural heritage. She did not blindly switch into nationalistic mode when a forwarded email accusing Phnom Penh of "stealing the Thai heritage" was circulated. The minister explained that the listing had nothing to do with intellectual property or copyright issues and vowed to consult all relevant agencies about the matter before making any move. She also commented that "it is normal for countries in the same region to share similar cultural traits". Of the four women in the Yingluck 1 cabinet, Sukumol Khunploem catches my attention most. The 36-year-old minister is the youngest in the 36-member cabinet and also the youngest minister in the history of the eight-year-old Culture Ministry. She is a first-time MP from the newly established Phalang Chon Party, which competed in the general election for the first time on July 3. The wife of banned politician Sonthaya Khunploem won over 32,000 votes in Chon Buri's constituency 6 and jumped to the top job at the ministry shortly after Phalang Chon agreed to join the Pheu Thai Party-led government. There is no need to discuss why the mother of four who graduated from Assumption University's School of Management, has taken the helm at the ministry despite the lack of concrete experience and knowledge of cultural issues. It has been widely known that the cabinet is a product of political negotiation and benefit-sharing among coalition parties. Mrs Sukumol's roles as member of the Chon Buri Red Cross Society and the Saensuk Women's Club, as well as adviser to Pattaya City's strategic committee, will not help her much. For whatever reasons, she is now Thailand's 10th culture minister and the public should learn to expect the best from whoever we have. Instead of sighing with disappointment, why don't we support and encourage this young woman to do her best to promote cultural diversity in our society? For Mrs Sukumol, this is a chance for her to learn and build credibility. This is an opportunity to prove that she is not just a politician's wife ascending to the ministerial post with a mission to make gains, in return for what her party has invested to win the election _ even though this ministry has nothing much to offer a politician in "earnings" when compared with other so-called grade A ministries. This young-blood minister could help change the image of the Culture Ministry - from an outdated agency which likes to play the role of morality police, into an agency which respects cultural diversity and freedom of expression. It will be interesting to see how the young Sukumol will handle cultural issues which have become the talk of the town. The ban on the Thai movie Insects in the Backyard and popular soap opera Dok Som See Thong; and the issue of girls dancing topless during the Songkran holidays are good examples. There are also sharp-tongued culture critics who have turned many of Mrs Sukumol's predecessors into a laughing stock or even a fool because of that minister's unsound policies or obsolete ideas. Mrs Sukumol made a good start when she dealt with the issue of Cambodia's listing of the Royal Ballet of Cambodia and the Sbek Thom Khmer shadow theatre on Unesco's list of intangible cultural heritage. She did not blindly switch into nationalistic mode when a forwarded email accusing Phnom Penh of "stealing the Thai heritage" was circulated. The minister explained that the listing had nothing to do with intellectual property or copyright issues and vowed to consult all relevant agencies about the matter before making any move. She also commented that "it is normal for countries in the same region to share similar cultural traits". If this email about Cambodia's listing of intangible heritage, which has taken place since 2008, was not released on purpose to "promote" the new minister and make the public familiar with her name, then Mrs Sukumol has passed her first small test. But the road ahead is long. If she wants to pass really tough tests, Mrs Sukumol should learn from the ministry's past mistakes. She has to be open-minded and listen not only to culture officials, but also to cultural experts outside the ministry. She should take time to read the comments and posts on the We're sick of the Ministry of Culture in Thailand Facebook blog and other online forums critical of the ministry's actions. The Facebook page was established last year by people critical of what they see as paternalistic policies pursued by the ministry. Although the page has not been particularly active recently, it can still give the minister an idea of what people are saying about the ministry. It's time for you, Minister Sukumol, to show that a young woman minister can do better. ----------- Kultida Samabuddhi is Deputy News Editor, Bangkok Post.  | ||||
| Posted: 18 Aug 2011 04:22 PM PDT Thai rath editorial 19/08/2011 Bangkok Post With the Pheu Thai Party now in power, Thai-Cambodian relations are likely to return to normal. Soon after Yingluck Shinawatra was elected prime minister by the House of Representatives, Cambodia's ambassador to Thailand, You Aye, called on her with a congratulatory message from Prime Minister Hun Sen. The ambassador also expressed her confidence that the Thai-Cambodian border conflict would be resolved in the near future. Notably, Hun Sen also ordered all mass media in Cambodia to refrain from publicising news or commentaries deemed defamatory to his Thai counterpart. Defence Minister Yutthasak Sasiprapa welcomed Hun Sen's offer of friendship. When leaders of the two countries are on good terms, he said, it is easy to overcome problems that otherwise would harm bilateral ties. Prime Minister Yingluck, however, must take care that her elder brother Thaksin Shinawatra, who is a good friend of Hun Sen, stays out of government-to-government affairs. Thaksin is a businessman and he has no political position in the Pheu Thai-led government. His involvement in bilateral issues may give rise to accusations of conflict of interest. When he was prime minister, Thaksin was accused by his political opponents of exploiting his political position for personal gain. His dealings with the ruling Burmese junta were a case in point. Thai-Cambodian relations were strained by personal conflicts and border disputes during the administration of Abhisit Vejjajiva. Armed clashes broke out when the two countries could not resolve their row over a disputed plot of land near Preah Vihear Temple. With warmer ties, this conflict should be resolved soon, to the benefit of both countries.  | ||||
| Posted: 18 Aug 2011 09:34 AM PDT
KRT judge talks court controversies Thursday, 18 August 2011 Thomas Miller The Phnom Penh Post Khmer Rouge historian Stephen Heder, who was a consultant in your office until he resigned in May, has claimed that you and Judge You Bunleng closed the Case 003 investigation "effectively without investigating it", and criticized your management of the OCIJ office. Is his assessment accurate? The Khmer Rouge tribunal has come under fire from allegations that it is planning to dismiss its third and fourth cases, both of which are opposed by the government. At the centre of the controversy are the court's co-investigating judges, who decide whether to send a case to trial or dismiss it. Siegfried Blunk, co-investigating judge from Germany, responded this week in writing to questions from Post reporter Thomas Miller. His replies are printed in full. You served from 2003-05 as an international judge at the East Timor hybrid court. What lessons did you take from your time there? In East Timor, where I served as an International Judge for two years before the Court closed down as planned, the hybrid court ("Special Panels for Serious Crimes") was part of the local court system like the "Extraordinary Chambers in the Courts of Cambodia". This, just like here, necessitated working together with local judges and staff, which was a useful learning process – and an exercise in patience. I have never subscribed to Kipling's statement that "East is East and West is West, and never the twain shall meet": they certainly can meet and work together successfully, as I demonstrated here on a small scale by instituting joint working groups composed of national and international staff, thereby doing away with the previous lack of trust and the duplication of efforts. What was your motivation for coming to the ECCC? On recommendation by UN and approval by the Supreme Council of Magistrates, I was appointed Reserve Investigating Judge in 2008 by the King of Cambodia, and having taken part in several Plenary Sessions, was appointed full-time judge in December 2011. I welcomed this opportunity to contribute to the Tribunal by sharing my experience gained in the hybrid court of East Timor. Case 002 has been called the most complex case since Nuremberg. What is so complicated about it, and what must the court do in order to ensure the proceedings are carried out properly? In Case 002, investigations were necessary not just into the responsibility of the 4 accused persons, but also into the whole structure of the Khmer Rouge regime, the chain of command of the armed forces, the hierarchy of the Communist Party, and the system of extermination camps throughout the country. For this purpose, the Investigating Judges compiled a wealth of evidence, including more than 10,000 documents and 700 witness interviews. This abundance of evidence together with the Indictment were placed at the disposal of the Trial Chamber in January 2011, and the Investigating Judges are eagerly awaiting the scheduling of substantial trial hearings. The question of personal jurisdiction is a contentious one in Cases 003 and 004. What is the determining factor for whether a suspect is a "senior leader" of the Khmer Rouge, or one of those "most responsible" for the crimes carried out by the regime? Whether the four accused in Case 002 were "senior leaders" of the Khmer Rouge Regime is now for the Trial Chamber to decide, wherefore any comment by the Investigating Judges would be inappropriate. For Cases 003 and 004 we have conducted an in-depth analysis of the origin and meaning of the term "most responsible" and developed a set of criteria based on the ECCC Law, and the jurisprudence of international tribunals, especially the one for Sierra Leone because its jurisdiction was limited similarly to persons who bear "the greatest responsibility". You told Voice of America recently that you were "vigorously investigating" Case 004. What investigating have you done so far? Is your colleague, Judge You Bunleng, also investigating the case? I told Voice of America that "the Office" of the Co-Investigating Judges is vigorously investigating Case 004; this Office includes both judges. The nature of our investigations is twofold: on the one hand we compile and analyze documentary evidence, on the other hand we conduct field investigations and interview witnesses. So far, in Case 004 we have compiled more than 1,200 documents (comprising more than 41,000 pages) which are being analyzed. As the national Investigating Judge simultaneously has to fulfill his duties as President of the Cambodian Court of Appeal, it is obviously my duty to do the field investigations. For this purpose, I have travelled all over the country, even to provinces more than 350 km away, to examine crime sites and interview witnesses. You and Judge You Bunleng said recently that there are "serious doubts" whether the suspects in Case 004 are "most responsible" and therefore within the court's jurisdiction. What are those doubts, and what is your basis for them? As I said, we have developed a set of criteria for defining the term "most responsible", which however should not be made public before the Closing Order has been issued. [Editor's note: The Closing Order is a judicial decision made by the co-investigating judges after they have investigated a case. The Order will either indict the suspects and send the case to trial, or dismiss the case due to lack of evidence or jurisdiction.] What are the most challenging aspects of Cases 003 and 004? How do they differ from the court's first two cases? In Case 001, the accused had meticulously documented the crimes alleged wherefore he could hardly deny them. In Cases 003 and 004, on the contrary we cannot rely on comparable evidence, and the alleged crimes have to be investigated 30 years after they took place, which is more than one generation later. Your office stated in February that the Case 003 investigation was focused on documents from Cases 001 and 002, and that no "field investigations" in the case were being carried out. You said just two months later that the investigation had been completed. What evidence did you investigate that was unique to Case 003? My 30 years experience as a judge and prosecutor taught me that documents are the most reliable evidence, wherefore the resources of the Office were focused for a while on analyzing the 10,000 evidentiary documents and 700 witness interviews compiled in Case 002 for their relevance to Cases 003 and 004. After this was accomplished, field investigations resumed and key witnesses were questioned, including Duch. International co-prosecutor Andrew Cayley has requested that you conduct further investigation in Case 003, including interviews with suspects and examinations of alleged crime sites. In your judgment, why were those actions unnecessary in the initial investigation? Unfortunately, the requests by Mr. Cayley had to be rejected as invalid, even his re-filed requests. According to our rules of procedure, it is now for the Pre-Trial Chamber to decide on his appeal, wherefore I should refrain from comment. Khmer Rouge historian Stephen Heder, who was a consultant in your office until he resigned in May, has claimed that you and Judge You Bunleng closed the Case 003 investigation "effectively without investigating it", and criticized your management of the OCIJ office. Is his assessment accurate? After the contract of this consultant was not renewed by our Office for certain reasons, he obviously had an axe to grind, and in a toxic letter tried to portray the termination of his contract as his "resignation" levelling all sorts of allegations at our Office. He would be well advised to bear in mind his post-contractual obligations. A number of observers have pointed to the coincidence of the government's public opposition to Cases 003 and 004, and what Cayley and others have said was an insufficient investigation into Case 003, as evidence that the court has decided to dismiss cases based on political, rather than legal considerations. Have political considerations or the uncertain funding situation at the court influenced your investigation in Case 003? How can you assure the public that your office is operating independently? The Co-Investigating Judges, who had to take an oath of office "not to accept instructions from any government or any other source" are committed to honour this oath, and have publicly stated and made it abundantly clear on several occasions that they are resolved to defend their independence in all directions (tous azimuths), which includes the Cambodian government and the United Nations. As regards funding: since we need not focus resources on Case 002 any more, we have voluntarily proposed substantial savings for the future budget of our Office, so that any reduction of funding is unlikely to affect us. Your office decided that civil party applicant Rob Hamill "did not demonstrate that he suffered the alleged psychological injury as a direct consequence of the death of his brother", who was captured at sea and executed at S-21. Yet, one of the alleged crimes in Case 003 is the "capture of foreign nationals off the coast of Cambodia and their unlawful imprisonment, transfer to S-21 or murder". Why did you reject Hamill's civil party application, which had been accepted in Cases 001 and 002? As the admissibility of this application is pending before the Pre-Trial Chamber, any comment by me would be inappropriate. What do you say to observers who claim that a failure to bring suspects in Cases 003 and 004 to trial would be viewed as a political decision that would undermine the purpose of the ECCC and possibly unravel the court's first two cases? I am aware of this oft-repeated mantra, so far however, none of the self-styled observers have succeeded in explaining how a dismissal of Case 003 or 004 could "unravel" the Court's first two cases.  | ||||
| No change to reserve requirement Posted: 18 Aug 2011 09:22 AM PDT Thursday, 18 August 2011 May Kunmakara and Don Weinland The Phnom Penh Post CAMBODIA has decided not to increase its reserve requirement for banks to tackle inflation, National Bank of Cambodia Director General and spokeswoman Nguon Sokha said yesterday. "We decided to keep our existing reserve requirement policy. It won't change at all," she said, following a two-day meeting of the Monetary Policy Committee members that ended yesterday. The meeting was led by NBC Governor Chea Chanto. The government's estimated 6.5 percent average inflation for 2011 matched IMF projections, Nguon Sokha said, and will remain far below the 20 to 23 percent inflation estimated for neighbouring Vietnam. "This level is acceptable. It's not high compared to the inflationary rate in some countries in the region, which require the use of the policy." The Kingdom's reserve-requirement rate for banks stands at 12 percent, meaning 12 percent of total deposits at banks must be set aside and not loaned out. Recent discussion raised the possibility of increasing the reserve requirement to 16 percent, a rate previously maintained in 2008. The NBC will, however, re-evaluate the issue if inflation increases beyond 10 percent, she said. Economists and bankers generally said they agreed with yesterday's decision. "Banks, in general, would be very happy if they didn't raise the requirement," Canadia Bank Vice President Dieter Billmeier said. "[Raising the reserve requirement ratio] would take liquidity out of the market and slow down loans going to the public." Inflation rates may climb toward the end of the year, but should remain at an acceptable level when compared to Vietnam, Billmeier added. Kang Chandararot, an independent economist at the Cambodia Institute for Development Studies, said imports from countries with high inflation and a depreciating dollar have fuelled the kingdom's inflation, not increases in local purchasing power. "With the country's current circumstances, we better not use the policy to curb inflation. What they can do is keep exchange rates stable which can give a little [stability] on prices," he said, The NBC said it will do just that. Nguon Sokha said the bank will work to maintain the value of the riel against foreign currencies and intervene if the flow of dollars in or out of the country should change drastically. Harvest season crop supply and the increase in local production are helping curb inflation, she said, adding that country's inflation is seasonal, stemming from upcoming national holidays which push up prices. NBC intervention, however, has little impact on managing inflation, Kang Chandrarot said. A high import-to-export ratio leaves the Kingdom's inflation rate reliant on the value of the dollar.  | ||||
| Friendly bridge, swift evictions Posted: 18 Aug 2011 09:20 AM PDT
Thursday, 18 August 2011 Khouth Sophakchakrya The Phnom Penh Post About 160 families living in Srah Chak commune in the capital's Daun Penh district have two days until their homes are set to be dismantled to make way for a new Cambodian-Chinese Friendship bridge, residents said yesterday. In an August 5 eviction notice, Daun Penh district governor Sok Sambath said that he would take measures against "slums" near the construction site to facilitate the project and would not be responsible for compensation if villagers did not leave within 15 days. Ban Samoul, 71, a resident of village 16 on the west bank of the river, said authorities were forcing 161 families in the commune to pull down their houses. "The authorities did not talk about a solution, but just commanded us to move from this site in 15 days," he said, adding that the families had decided to stay until they received appropriate compensation. "We do not reject the new bridge. We just want the government to give us enough money or shelter," he said. Sok Sambath could not be reached for comment yesterday. Meanwhile, residents in Russei Keo district's Chroy Changvar commune on the east bank of the river expressed uncertainty about whether they would receive compensation. Chan Sophak, 29, of the commune's Deum Kor village, said officials had questioned some villagers about the size of their land and had assured them that the information would be used to evaluate compensation, but they had yet to hear the results. Chroy Changvar commune chief Pich Sareoun said yesterday that 78 families were affected by the bridge project and nine had received US$5,000 each in compensation.  | ||||
| Thaksin not going to Cambodia: legal adviser Posted: 18 Aug 2011 09:06 AM PDT August 18, 2011 The Nation Former prime minister Thaksin Shinawatra will not travel to Cambodia as speculated although his trip to Japan is confirmed, his legal adviser Noppadon Pattama said on Thursday. "Thaksin is scheduled to visit Japan from Monday to Friday," he said. Noppadon said the Democrat Party should verify the facts related to Thaksin's visa before initiating an impeachment proceedings against Foreign Minister Surapong Towichakchaikul.  | ||||
| Cambodia withdraws more troops from border with Thailand Posted: 18 Aug 2011 09:04 AM PDT 2011-08-18 (YTWHW.com) - Cambodia on Thursday has pulled out more troops from disputed border area with Thailand, said the spokesman for the Ministry of Defense. Lt. Gen. Chhum Socheat said the redeployment or reduction of the Cambodian troops was made from the area of Ta Moan and Ta Krebey temples, about 150 km west of Preah Vihear temple. The troops in the area pulled back to their base in Anlong Veng district, Oddar Meanchey province, he said, declining to disclose the number of troops allowed to return to their barracks. Chhum Socheat said the troop redeployment was made at the order of Prime Minister Hun Sen after the border tension has eased since Pheu Thai Party won a landslide victory in the general election on July 3. It was the third time that Cambodia withdrew troops from the border with Thailand, however, the troops were back from areas outside the provisional demilitarized zone defined by the International Court of Justice (ICJ)'s order on July 18. Ta Moan and Ta Krabey temples are the second fighting spot after Preah Vihear Temple. The two countries' troops exchanged gunfire at the two temples from April 22 to May 3, costing dozens of lives on both sides' troops and civilians and forced tens of thousands of civilians to flee for safe shelter. The ICJ awarded Preah Vihear temple to Cambodia in 1962. The conflict between Cambodia and Thailand broke out just a week after Preah Vihear temple was enlisted as World Heritage Site on July 7, 2008. Thailand claims the ownership of 1.8 square miles (4.6 sq km) of scrub next to the temple.  | ||||
| Union rips into ILO garment report Posted: 18 Aug 2011 08:55 AM PDT
Thursday, 18 August 2011 Vincent MacIsaac The Phnom Penh Post Cambodia's garment factories remain, for the most part, in compliance with national laws and international labour standards, the latest monitoring report from the International Labour Organisation, which was released yesterday, concludes. This finding was quickly dismissed as out of touch with reality by the president of one of the largest unions representing garment workers, a reaction that was in turn dismissed as predictable by the secretary-general of the Garment Manufacturers' Association in Cambodia. "That's what unions do, they complain," GMAC's Ken Loo said. "Compliance levels generally remain high, although some areas of concern remain," the ILO said in a statement accompanying its 26th report on working conditions in the Kingdom's garment sector. It has been monitoring factories here as part of its Better Factories Cambodia programme since 2001. ILO monitors who inspected 186 of the 276 factories with export licences found no evidence of forced labour or proof that the factories were employing children, the report said. Almost all factories, 97 percent, paid the legal minimum wage of US$61 a month for regular workers, but only 79 percent paid casual workers, or those on probation, the minimum wage of $56 per month, it said. "How can we live on $61 a month?" the president of the Coalition of Cambodian Apparel Workers' Democratic Union asked. "Workers are cutting back on food and working two to four hours of overtime each day to get by," Ath Thorn explained. He also said that many of the factories the ILO was monitoring were subcontracting orders to factories outside its Better Factories programme and that these factories were violating workers rights on a daily basis. Ken Loo said that the average monthly wage of a garment worker was about $95, which included overtime of about 12 hours a week. "We never called $61 a living wage, it's a minimum wage," he said. Factories are operating on thin profit margins, he said, but added that it was possible that both workers and factory owners might be "right". The ILO report is based on investigations conducted between November 1, 2010 and April 30, 2011. The data it uses to detect incidence of sexual harassment is from a survey conducted in 2006. A communications officer admitted that this data was old but said it was still relevant. The garment factories in the ILO's programme employed almost 325,000 workers in the first half of this year. Garment exports in the period rose 32 percent over the same period last year, according to the Ministry of Commerce.  | ||||
| Posted: 18 Aug 2011 08:49 AM PDT   Press Release - Phnom Penh, 18 August 2011 Sent by the Cambodian Center for Human Rights on behalf of the Prey Lang Network in solidarity with communities affected by land conflicts throughout Cambodia Communities across the country pray for Prey Lang forest and management of Cambodia's land as authorities clamp down on leaflet distribution in Phnom Penh Today, 18 August 2011, 146 communities around Cambodia prepared to take part in the Prey Lang Network's "Pray long for Prey Lang" celebration. In Phnom Penh, 200 individuals – including members of the Prey Lang network dressed as "avatars", painted in green wearing hats made from leaves, and supporters – gathered at Preah Ang Dang Keu Shrine to pray for better management of Cambodia's land and natural resources and, particularly, for the preservation of Prey Lang forest and the ways of life of the hundreds of thousands of the forests inhabitants. After concluding their prayers at Preah Ang Dang Keu Shrine, the community members dispersed to 9 locations throughout the city to distribute leaflets in order to inform ordinary citizens about ongoing deforestation at Prey Lang. The event was marred by a crackdown on the peaceful activities of the community members, with as many as 106 individuals briefly detained and questioned. All the individuals detained have since been released. The nationwide scale of the event, with events taking place in as many as 14 provinces, is unprecedented in Cambodia. The participating communities were or are themselves involved in land conflicts. While the spearhead issue of the event was the intense ongoing exploitation and deforestation of Prey Lang forest, participants prayed for better management of all of Cambodia's land and natural resources and for the cases affecting them directly. Information about events taking place in other parts of the country is currently being collected by the Prey Lang Network and will be shared through social media platforms. Prey Lang forest is the last large primary forest on the Indochinese peninsula and the source of livelihood for around 200,000 people, including a large portion of the country's indigenous population. The forest is richly bio-diverse, home to 40 endangered plant and animal species and a primary watershed regulating water and sediment flow to the Tonle Sap Basin. The forest is not only essential for the Kingdom's food and water security but, with among the highest carbon sequestration values in the region, is a powerhouse for fighting global warming. Prime Minister Hun Sen stated publicly in February 2011 that Cambodia's forests must be protected in order to reduce global warming while Cambodia's Forest Administration identified Prey Lang as an important area for conservation. This notwithstanding, developments around the forest have accelerated markedly recently with concessionaires clearing forest areas in order to create rubber plantations. The following are quotes from members of the Prey Lang Network and other communities as well as a representative of the Community Peace-building Network:
"Through this peaceful event I hope that we save Prey Lang for the next generation and make the media and public know about the importance of the forest to the lives of the residents who live within it and to the environment more generally."
"I look at the experience of Boeung Kak lake who struggled strongly and peacefully and with passion to get land back and believe this to be an excellent example for the people of Prey Lang to follow."
"The Boeung Kak Lake residents support this campaign as natural resources are vital not just to Cambodian's but to people across the world. Protecting Prey Lang is not just important to a few but rather it is significant in protecting the environment for our children. I share with members of the Prey Lang community the experience of the residents of Boeung Kak Lake: that advocacy is continually a struggle and everyone should be ready to face all situations". Prey Lang is arguably the largest intact area of indigenous land left in Cambodia. Located between the Mekong and Stung Sen Rivers, the forest straddles four provinces (Preah Vihear, Kampong Thom, Kratie and Stung Treng). As customary forest custodians, the indigenous Kuy who inhabit the forest are not only dependent on Prey Lang for their livelihoods, but their social and spiritual traditions are also closely tied to it.
"If I lose Prey Lang, I lose my life. Everyday I worry about losing Prey Lang. I worry that the land broker and the company will destroy it and I will lose my way of life. If we lose Prey Lang we lose the forest, the herbal remedies, the wild life and most importantly the indigenous traditions that have been passed down through many generations of our ancestors. Today I will pray for the world to appreciate the importance of Prey Lang and help us put and end to this conflict".
"The rubber plantations give only profits to wealthy individuals but if we protect Prey Lang forest it will give, not only to the ethnic Kuy people but also to everyone".
"The scale of this event is unprecedented and yet it does not fully reflect the gravity of the threat against Prey Lang. Though all land conflicts can destroy lives those that relate to the destruction of natural resources and forest areas create environmental changes that will affect generations. It is great to see communities uniting together against injustices relating to land and, particularly, to the management of our natural resources." Please find attached two pictures of prayer gathering. The Prey Lang Networks livefeeds are being updated as information comes in about events unfolding in other parts of the country. In order, to stay up to date with developments throughout the country as they happen and to learn more about the issues please visit: This press release is sent on behalf of the Prey Lang Network in solidarity with other participating communities throughout the country. For further information, please contact Sokheng Seng on tel: 092324668 or email: seng.sokheng@gmail.com -- The Cambodian Center for Human Rights (CCHR) is a non-aligned, 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.  | ||||
| Posted: 18 Aug 2011 02:31 AM PDT Because you are alive, everything is possible. - Thich Nhat Hanh  | ||||
| UN Convention Against Corruption Posted: 18 Aug 2011 02:27 AM PDT United Nations Convention Against Corruption (UNCAC) In accordance with article 68 (1) of resolution 58/4, the United Nations Convention against Corruption entered into force on 14 December 2005. A Conference of the States Parties is established to review implementation and facilitate activities required by the Convention. Cambodia acceded to the UNCAC Chapter II Preventive measures Article 6. Preventive anti-corruption body or bodies 1. Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies, as appropriate, that prevent corruption by such means as: (a) Implementing the policies referred to in article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of those policies; (b) Increasing and disseminating knowledge about the prevention of corruption. 2. Each State Party shall grant the body or bodies referred to in paragraph 1 of this article the necessary independence, in accordance with the fundamental principles of its legal system, to enable the body or bodies to carry out its or their functions effectively and free from any undue influence. The necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions, should be provided. 3. Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption.  | ||||
| Posted: 18 Aug 2011 02:25 AM PDT Employ your time in improving yourself by other men's writings, so that you shall gain easily what others have labored hard for. - Socrates  | ||||
| UN Convention on the Rights of the Child Posted: 18 Aug 2011 02:21 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 IIArticle 43 1. For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided. 2. The Committee shall consist of eighteen experts of high moral standing and recognized competence in the field covered by this Convention.1/ The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems. 3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. 4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention. 5. The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. 6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting. 7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee. 8. The Committee shall establish its own rules of procedure. 9. The Committee shall elect its officers for a period of two years. 10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly. 11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention. 12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide.  | ||||
| Posted: 18 Aug 2011 02:19 AM PDT A fool shows his annoyance at once, but a prudent man overlooks an insult. - Book of Proverbs (the Hebrew Bible)  | ||||
| Cambodia unclear about Thaksin's visit this week: defense minister (sic!) Posted: 18 Aug 2011 02:17 AM PDT PHNOM PENH, Aug. 17 (Xinhua) -- Cambodian Deputy Prime Minister and Minister of Defense Tea Banh said Wednesday that he was not sure about the visit of Thailand's ex-prime minister Thaksin Shinawatra to Cambodia later this week. "I am unclear about his visit," he told reporters on Wednesday. "I also see the reports in the Thai media, but it is unclear." Tea Banh's remark came after The Nation newspaper on Wednesday quoted a source inside Pheu Thai Party, claiming that Thaksin is expected to be in Cambodia for two days from Friday, and he will take some foreign investors to meet and play golf with Cambodian Prime Minister Hun Sen and Defense Minister Tea Banh to make the business deal. Koy Kuong, spokesman for Cambodian Ministry of Foreign Affairs, said he was unaware of Thaksin's visit to Cambodia later this week. "However, for Cambodia, Thaksin can come to Cambodia at anytime in accordance to his wish," he told Xinhua on Wednesday. Thaksin is a close friend of Hun Sen. He used to be the economic advisor to Cambodian government and to Prime Minister Hun Sen from November 2009 to August 2010.  |
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