KI Media: “Amnesty International Slum Stories - Boreth” plus 24 more

KI Media: “Amnesty International Slum Stories - Boreth” plus 24 more


Amnesty International Slum Stories - Boreth

Posted: 21 Sep 2011 05:16 PM PDT

Eviction of poor families in Boeung Kak Lake

Posted: 21 Sep 2011 05:05 PM PDT


Desalojo de familias pobres en Boeung Kak Lake Phno Penh from Carlos Plans Centellas on Vimeo.

Así es cómo el Primer Ministro en Camboya se llena los bolsillos, negociando con grandes empresas constructoras la venta de terrenos que pertenecen a las familias más humildes de la capital de Camboya. 15.000 personas.

En estos terrenos se está construyendo un gran casino, un lujoso complejo turístico y un campo de golf, mientras las familias que han desalojado, no han cobrado hasta el día de hoy nada y se han quedado sin lo único que tenían: una vivienda digna.

Dentro de poco tiempo, las agencias de viaje, nos ofertarán estos lujosos hoteles para nuestro disfrute y relax, mientras desgraciadamente, muchas de esas familias estarán durmiendo en la calle.

Hun Sen es un hijo de puta!

Additional Footage from Previously Unseen Angle of Savage Attack Against Boeung Kak Activist

Posted: 21 Sep 2011 04:50 PM PDT

http://www.youtube.com/watch?v=-qrRNaJTZLI

Selected posts from CambodiaWatch-Australia

Posted: 21 Sep 2011 02:21 PM PDT

Int'l Peace Day march is a NO! NO! under Hun Xen's dictatorial regime

Posted: 21 Sep 2011 01:44 PM PDT

http://www.youtube.com/watch?v=nE2eRVh8VDw

Taking Democracy to the Grassroots

Posted: 21 Sep 2011 01:36 PM PDT

http://www.youtube.com/watch?v=KW05IYbwCBA

http://www.youtube.com/watch?v=nN1AVrElDso

http://www.youtube.com/watch?v=EmkJ6J5Ffrk

21 September 2011
By Mu Sochua

Part I

Since May of this year, I have visited 7 villages in the North West of Cambodia. The plots of land they cleared-some died from land mines and malaria- is now being offered to a private company by the prime minister

This journey to Sralao Chrum village, Sampouv Loun district, Battamabang province was made on a road totally destroyed by rain. We had to take a Ko Youn or a ėlectric cow", a sort of small tractor pulled with an engine set in the front. It took us 2 hours.We had already traveled by car, crossing through Bantey Meanchey province, for 3 hours.

We walked through the forest for another 40 minutes.

We finally arrived at the pagoda where people were waiting with a lot of patience for more than 4 hours.

The people welcomed us with open hearts and spoke of their fear for the lost of their land. A total of 4,095 hectares have already been offered by the prime minister without ever consulting the people. Local authorities are now forcing the villagers to comply with the order of the prime minister.

I spoke of their right to land. Land is life.

It got to be 7PM. We had to go to the next village as the chief of the village had prevented the people from coming to meet our team.

We would have to sleep in the next village.

Before leaving the pagoda, we prayed for the safety of the land. A 12 year-old chanted louder than the monks. He had been a monk for one year but had to leave monk hood because the village chief considered his family as part of the opposition. He had never been to school.

My heart breaks to see so much endurance, so much pain and suffering of our rural poor.

They work the land. They will die for their land.

The children roam around, the pigs roam around, the cows roam around.

Women, with their children behind and carrying another life inside their wombs, still work the land.

There is so much injustice.

This is my land. These are my people.

That night, I cried a river. I was too exhausted to think. I was very hungry but could not take the wild pig meat offered with a bottle of coke and pounded rice. Thank god for the sweet bananas.

I slept in borrowed clothes.

សង្គមកម្ពុជា​​អំណោយ​ផលដ​ល់​អ្នក​មាន! - Only the rich benefit in Cambodia! [-Seed of the next Cambodian revolution]

Posted: 21 Sep 2011 01:07 PM PDT

អ្ន​កសុំទាន​ម្នាក់​នៅ​ភ្នំពេញ។​
RFI/Siv Channa
ឈ្មួញទុច្ចរិតអារកហុតឈាមប្រជារាស្ត្រខ្មែរត្រូវគេលើកដំកើង សូម្បីតែស្តាចម៏ផែនដីក៏ខំយកចិត្ត ពួកអាឈ្លើងនេះដែរ
រីឯអ្នកក្រត្រូវអាជ្ញាធរជិះជាន់យ៉ាងព្រៃផ្សៃ! មិនដែលមានស្តាចម៏ឬក៏មន្ត្រីណាមួយ ជួយឈឺឆ្អាលឡើយ
ពុធ 21 កញ្ញា 2011
ដោយ ប៉ែន បូណា
Radio France Internationale
«អ្នកមាន​រក្សាខ្សត់​ដូច​សំពត់​ព័ទ្ធ​ពីក្រៅ ​អ្នកប្រាជ្ញ​រក្សា​ខ្លៅ​ដូច​សំពៅ​នៅ​សំប៉ាន»
សង្គម​កម្ពុជា​បច្ចុប្បន្ន​ត្រូវ​គេ​មើល​ឃើញ​ជា​ទូទៅ​ថា ​ជា​សង្គម​ដែល​មាន​អំណោយ​ផល​ដល់​អ្នកមាន​ច្រើន​ជាង​អ្នកក្រ។ ​ស្ថានភាព​នេះ​ហើយ​ដែល​ជំរុញ​ឲ្យ​អ្នកមាន​កាន់តែ​មាន​បាន​ខ្លាំង​ឡើង​ និង​ឆាប់​រហ័ស ​ខណៈ​ដែល​អ្នកក្រ​ពិបាក​នឹង​រំដោះ​ខ្លួន​ចេញ​ពី​ភាព​ក្រីក្រ។ និន្នាការ​បែប​នេះ​បាន​និង​កំពុង​បង្កើត​ឲ្យ​មាន​វិសមភាព​សង្គម​គឺ​គម្លាត​ កាន់តែ​ឆ្ងាយ​រវាង​អ្នកមាន​ និង​អ្នកក្រ។ វិសមភាព​សង្គម​គឺជា​បញ្ហា​ដែល​មិន​អាច​មើល​រំលង​បាន​ឡើយ។​តើ​គេ​គួរ​ធ្វើ​ ដូចម្តេច​ដើម្បី​កែប្រែ​ស្ថានភាព​សង្គម​កម្ពុជា​ឲ្យ​មាន​តុល្យភាព?

នៅ​កម្ពុជា ​អ្នកមាន​អាច​បង្កើន​ភាព​មានបាន​របស់​ខ្លួន​យ៉ាង​ស្រួល​ពីព្រោះ ​ពួកគេ​ទទួល​បាន​អំណោយ​ផល​គ្រប់​បែប​យ៉ាង​ពី​សង្គម​ដែល​ឲ្យ​តម្លៃ​ប្រាក់​ជា​ធំ។ ​ប្រាក់​អាច​អនុញ្ញាត​ឲ្យ​ពួកគេ​ទិញ​ដីធ្លី​ពី​កសិករ​បាន​ក្នុង​តម្លៃ​ថោក។ ​ប្រាក់​ក៏​អនុញ្ញាត​ឲ្យ​ពួកគេ​ដោះស្រាយ​រាល់​បញ្ហា​ដោយ​ងាយ​រាប់​ទាំង​បញ្ហា​ផ្លូវ​ច្បាប់​ផង។ ​ប្រាក់​អាច​ឲ្យ​អ្នក​មាន​បង់​ពន្ធ​ចូល​រដ្ឋ​ក្នុង​តម្លៃ​ទាប​ក្នុង​ករណី​ដែល​មាន​ការ​ឃុបឃិត​ត្រូវរ៉ូវ​គ្នា​ជាមួយ​មន្ត្រីរាជការ​មួយចំនួន។

ម្យ៉ាង​ទៀត ​អ្នកមាន​អាច​ទិញ​របស់​ថោក​ជាង​អ្នកក្រ។ ​ជាក់ស្តែង ​ប្រសិន​បើ​ចង់​ទិញ​ផ្ទះ​មួយ អ្នកមាន​ដែល​មាន​លុយ​បង់​គ្រប់​ចំនួន​ គេ​ទទួល​បាន​ការ​ចុះ​តម្លៃ​ទាប​ជាង​តម្លៃ​ធម្មតា ​ខណៈ​ដែល​អ្នកក្រ​ដែល​គ្មាន​ប្រាក់​គ្រប់គ្រាន់​ត្រូវ​បង់​បណ្តាក់​រយៈពេល​យូរ​ដែល​ធ្វើ​ឲ្យ​តម្លៃ​ផ្ទះ​ត្រូវ​កើន​ស្ទើរ​តែ​ទ្វេដង​ឬ​លើស​ពី​នេះ។


ងាក​ទៅ​មើល​អ្នក​ក្រីក្រ​តោក​យ៉ាក​វិញ​ ពួកគេ​រស់​ក្នុង​ស្ថានភាព​លំបាក​គ្រប់​បែប​យ៉ាង។ នៅ​ពេល​​សមាជិក​គ្រួសារ​មាន​ជំងឺ ​អ្នកក្រ​ដែល​គ្មាន​ប្រាក់​ទៅ​មន្ទីរ​ពេទ្យ​បែរ​ទៅ​រក​ទិញ​ថ្នាំ​ពេទ្យ​នៅ​តាម​ទីផ្សារ​ដែល​គ្មាន​គុណភាព ​និង​គ្មាន​វេជ្ជបញ្ជា។ បញ្ហា​នេះ​បាន​ធ្វើ​ឲ្យ​ពួកគេ​រងគ្រោះ​ពីរ​ជាន់។ ​រងគ្រោះ​ទី១​គឺ​ការ​ចំណាយ​ប្រាក់​ទៅ​លើ​ថ្នាំ​ក្លែង​ក្លាយ​ឬ​ខូច​គុណភាព។ ​រងគ្រោះ​ទី២​គឺ ផលវិបាក​ទៅ​លើ​សុខភាព​កាន់​តែ​ធ្ងន់ធ្ងរ​ដោយសារ​តែ​ការ​ព្យាបាល​មិន​បាន​ត្រឹម​ត្រូវ។ នេះ​ជា​បញ្ហា​ដែល​ធ្វើ​ឲ្យ​គ្រួសារ​ក្រីក្រ​ជាច្រើន​បង្ខំ​ចិត្ត​លក់​ដីធ្លី ​ស្រែចម្ការ​ គោក្របី​ដើម្បី​ព្យាបាល​ជំងឺ។ បន្ទាប់​មក​ក៏​ធ្លាក់​ខ្លួន​យ៉ាប់​យ៉ឺន​កាន់​តែ​ខ្លាំង។

នៅ​ពេល​មាន​រឿង​ក្តីក្តាំ ​អ្នកក្រ​ចាំតែ​ចាញ់ពីព្រោះ​ពួកគេ​គ្មាន​មេធាវី​សម្រាប់​ផ្តល់​ការ​ប្រឹក្សា​ខាង​ផ្លូវ​ច្បាប់​ ខណៈ​ដែល​មន្ត្រី​អាជ្ញាធរ​ភាគច្រើន​តែងតែ​លម្អៀង​ទៅ​ខាង​អ្នកមាន​ប្រាក់​និង​មាន​អំណាច។ អ្នកក្រ​ភាគ​ច្រើន​លើស​លប់​រស់​នៅ​ក្នុង​តំបន់​ជនបទ​ដាច់ស្រយាល​ដែល​ខ្វះខាត​ហេដ្ឋារចនាសម្ព័ន្ធ​ផ្លូវថ្នល់​ ប្រពន្ធ័​ធារាសាស្ត្រ ​សាលារៀន​ មន្ទីរពេទ្យ ​ភ្លើង​អគ្គិសនី ​ទឹកស្អាត​... ខុស​ពី​អ្នកមាន​ដែល​ប្រមូល​ផ្តុំ​គ្នា​នៅ​ទីក្រុង​ដែល​មាន​ហេដ្ឋារចនាសម្ពន្ធ័​សង្គម​គ្រប់​បែប​យ៉ាង

ក្រៅ​ពី​នោះ ​ផល​ប៉ះពាល់​នៃ​ការ​អភិវឌ្ឍន៍​ក៏​បាន​ធ្វើ​ឲ្យ​គ្រួសារ​ក្រីក្រ​មួយចំនួន​ខាតបង់។​ទំនាស់​ដីធ្លី​ជា​ហូរហែ​គឺ​ជា​ឧទាហរណ៍​មួយ។ ​ទាំងនេះ​ជា​ភស្តុតាង​ដែល​បង្ហាញ​ពី​ស្ថានភាព​ជាក់ស្តែង​របស់​សង្គម​កម្ពុជា​ដែល​មាន​អំណោយផល​យ៉ាងច្រើន​ដល់​អ្នក​មាន​ តែ​សង្គម​ហាក់​ដូច​ជា​ដាក់​សម្ពាធ​ទៅ​លើ​អ្នកក្រ​ទៅវិញ។ ស្ថានភាព​នេះ​ក៏​អាច​ពន្យល់​អំពី​គម្លាត​កាន់​តែឆ្ងាយ​ទៅៗរ​វាង​អ្នក​មាន ​និង​អ្នកក្រ​នៅ​ក្នុង​សង្គម​កម្ពុជា​ផងដែរ។

រដ្ឋាភិបាល​បាន​យល់​ពី​ស្ថានភាព​នេះ ​ហើយ​បាន​ដាក់​ចេញ​យុទ្ធសាស្ត្រ​ចតុកោណ​ដែល​ផ្តោត​លើ​ការ​លើក​ស្ទួយ​វិស័យ​កសិកម្ម​ជនបទ​ កំណែទម្រង់​ដីធ្លី ​ប្រព័ន្ធ​យុត្តិធម៌ ​និង​លុប​បំបាត់​អំពើ​ពុករលួយ​ ដោយ​មាន​អភិបាល​កិច្ចល្អ​ជា​ស្នូល។ ​គោល​នយោ​បាយ​នេះ​ឆ្លើយ​តប​ទៅ​នឹង​សេចក្តី​ត្រូវការ​ពិត​ប្រាកដ​របស់​សង្គម។​ ប៉ុន្តែ​ តើ​ពេលណា​ទើប​យុទ្ធសាស្ត្រ​ចតុកោណ​សម្រេច​គោល​ដៅ​របស់​ខ្លួន​បាន? នេះជា​សំណួរ​ដែល​រដ្ឋាភិបាល​ជា​អ្នក​ឆ្លើយ។

សម្រាប់​ក្រុម​អ្នកវិភាគ​សង្គម​កម្ពុជា ​មធ្យោបាយ​ចាំបាច់​មួយចំនួន​គួរ​ត្រូវ​បាន​យកចិត្ត​ទុកដាក់​ជា​បន្ទាន់​ដើម្បី​ធ្វើឲ្យ​សង្គម​កម្ពុជា​ក្លាយជា​សង្គម​ដែល​មាន​អំណោយផល​សម្រាប់​ទាំងអស់​គ្នា​ឬ​ជា​ពិសេស​អំណោយផល​សម្រាប់​អ្នកក្រីក្រ។ ​មធ្យោបាយ​សំខាន់​ទី១​គឺ​ ប្រព័ន្ធសុខាភិបាល​ដែល​មាន​ប្រសិទ្ធិភាព​ និង​តម្លៃ​ថោក។ ​នៅ​ក្នុង​ដំណាក់កាល​ដែល​រដ្ឋាភិបាល​មិនទាន់​អាច​ដោះ​ស្រាយ​បញ្ហា​នេះ​បាន​ ការ​បង្កើត​មូលនិធិ​សម្រាប់​ជួយ​ព្យាបាល​អ្នកក្រ​ជារឿង​សំខាន់​បំផុត​ពីព្រោះ​បញ្ហា​សុខភាព​ជាមូលហេតុ​ចម្បង​នៃ​ភាព​ក្រីក្រ​របស់​គ្រួសារ​ខ្មែរ ។

មធ្យោបាយ​ទី២​គឺ ​អាជ្ញាធរ​គ្រប់​លំដាប់​ថ្នាក់​ត្រូវ​ធ្វើជា​អ្នក​បម្រើ​ប្រជាពលរដ្ឋ​ក្រីក្រ​ដ៏ពិត​ប្រាកដ​តាម​រយៈការ​ជួយ​សម្រួល​រាល់​សេចក្តី​ត្រូវការ​របស់​ពួកគេ​ដោយ​មិន​គិត​ថ្លៃ។ ​មធ្យោបាយ​ទី៣​ រដ្ឋ​ត្រូវ​ផ្តល់​មធ្យោបាយ​ដល់​អ្នកក្រីក្រ​ឲ្យ​ពួកគេ​មាន​លទ្ធភាព​អភិវឌ្ឍន៍​ជីវភាព​គ្រួសារ​តាម​របៀប​«បង្រៀន​មនុស្ស​ឲ្យ​ចេះ​ចាប់ត្រី​ជាជាង​ការ​ឲ្យ​ត្រី»។ ​និង​ចុងក្រោយ​ អ្នកមាន​ជីវភាព​ស្តុកស្តម្ភ​ឬ​ធូរធារ​ទាំងឡាយ ​គួរតែ​ជួយ​អ្នកក្រីក្រ​ជាជាង​ការ​កេង​ប្រវ័ញ្ចលើ​ពួកគេ ​ដូច​ដែល​អ្នកប្រាជ្ញ​ខ្មែរ​បាន​ពោល​ថា «អ្នកមាន​រក្សាខ្សត់​ដូច​សំពត់​ព័ទ្ធ​ពីក្រៅ ​អ្នកប្រាជ្ញ​រក្សា​ខ្លៅ​ដូច​សំពៅ​នៅ​សំប៉ាន»​។​នេះ​ជា​ទស្សនវិជ្ជា​ដ៏មាន​តម្លៃ​សម្រាប់​ធ្វើ​ឲ្យ​សង្គម​មួយ​ដែល​មនុស្ស​ចេះ​ចែក​គ្នា​រស់​ជាជាង​ដណ្តើម​គ្នា​រស់

Kangaroo Court in Cambodia Ignores The “Non Bis In Idem” Principle

Posted: 21 Sep 2011 12:06 PM PDT

September 22, 2011

KANGAROO COURT IN CAMBODIA IGNORES THE "NON BIS IN IDEM" PRINCIPLE

Today the Kangaroo court in Phnom Penh is holding a "rehearing" of my case related to a defamation complaint filed by current Foreign Minister and former Khmer Rouge prison chief Hor Nam Hong.

The case was first heard last April without my or my lawyer's participation, and I was sentenced in absentia to two years in prison.

On May 5, 2011 my Khmer lawyer wrote to the President of the Court to oppose the above verdict on the basis of the universal judicial principle "Non bis in idem" (no one shall be twice tried for the same offence).

As a matter of fact, in relation to another defamation lawsuit filed against me in France by the same Hor Nam Hong, which is very similar in substance to the one he filed in Cambodia, the French Supreme Court ("Cour de Cassation") on April 27, 2011 declared I was not guilty of anything and Hor Nam Hong finally and definitively lost his case before the French tribunal.

Therefore, today's "rehearing" is a violation of the "Non bis in idem" principle, especially in light of the difference in the degree of independence and respectability enjoyed respectively by the French (real) Court and the Cambodian (Kangaroo) Court.

Sam Rainsy
Elected Member of Parliament
New York City, USA

BKL Victim Suon Sophorn talks about his health condition

Posted: 21 Sep 2011 09:00 AM PDT

http://www.youtube.com/watch?v=fPp6dzKx1os

Heng Samrin, Man of the People

Posted: 21 Sep 2011 08:47 AM PDT

September 21, 2011
By Luke Hunt
The Diplomat

In the public conscious around Southeast Asia, Heng Samrin has long been an understated figure. Even at home, in Cambodia, the Khmer who led the Vietnamese-backed invasion that ousted Pol Pot and his band of murderous thugs usually lurks in the distant background.

It's a place he's happy to occupy.

At the end of 1979, after numerous cross-border incursions by the Khmer Rouge in places like Tay Ninh, which resulted in the deaths of thousands of Vietnamese, Hanoi retaliated – and through its invasion, unveiled to a disbelieving the world the atrocities committed by the ultra-Maoists.

The West, large parts of the non-aligned movement and the Communist east were happy to vilify the man they saw as a traitor for siding with the Vietnamese, who at that point in history could count only on the Russians. The Khmer Rouge, in contrast, had saddled-up with the Chinese and the Americans, who were brooding over their Indochinese experience and battlefield losses to Hanoi.


Such power plays failed to impress Heng Samin, who became the leader of the United Front for the National Salvation of Kampuchea, head of state, leader of the Khmer People's Revolutionary Party, senior privy councillor to the king and ultimately president of the National Assembly.

The name calling was met with about as much indifference as water off a kampong duck's back.

Decades later, and Hemg Samrin is still called upon to fulfil the odd duty or two for what is now the Cambodia People's Party, although his heart remains firmly back in the kampong – a far cry from the revolutionaries (communist or otherwise) who toppled Pol Pot and remain in power to this day.

In commemorating this, the CPP has just released a book on Heng Samrin, A Man of the People, dedicated to the party's reluctant hero. It's not the all-encompassing biography of the man that deserves to be written nor a scholarly work. Instead, it's a coffee table book that is historically important, accompanied by some quite rare photographs and text that offers some insights into a time when few, if any, documents existed.

Only a few hundred copies have been printed and they should be sought out by diplomats, academics, journalists and aficionados of Southeast Asia. The book was also largely due to the efforts of Australian author and journalist Peter Starr, who collected the pictures and edited the text.

Starr has lived in a small village by the Mekong River for more than a decade and has enjoyed far more backstage passes to the political machinations of Cambodia and its neighbours than an average ambassador can boast.

He was there on Monday night when Heng Samrin chaired the 32nd annual meeting of the ASEAN Inter-Parliamentary Assembly in Phnom Penh.

'I couldn't help feeling that this was one of the great ironies of Southeast Asian history. Thirty years ago, most of the countries sitting around the table were vilifying the man as an evil communist puppet of Vietnamese military expansionists,' Starr says. 'Even today, there are senior politicians in the region who argue that Vietnam had no right to intervene militarily against Pol Pot in 1979.'

Such historical amnesia, Starr says, is an insult to the hundreds of Vietnamese civilians brutally murdered in cross-border attacks by Pol Pot's forces. He also said the meeting provided an ideal opportunity to launch the book and set the record straight on several issues.

'I was keen to put together an illustrated history of the life of one of Asia's elder statesmen, an extremely humble man who has a political career stretching back more than half a century,' he says. 'As for the genocide in Cambodia, it's interesting to note that Heng Samrin himself admits that the trouble began only a few days after liberation by Pol Pot forces.'

That was back in April 1975.

Today, Heng Samrin is a much loved figure on the Cambodian political landscape, although his duties are often largely ceremonial and are removed from the rough and tumble of Cambodian politics.

However, given his firm friendship with Cambodian Prime Minister Hun Sen – who also deserted the ranks of the Khmer Rouge and sought help from the Vietnamese – the reluctant leader who helped numbered Pol Pot's days might find himself even further up the CPP totem pole in the near future.

Scenes From a Khmer Rouge Trial Gone Wrong

Posted: 21 Sep 2011 08:43 AM PDT

"Brother Number Two" Nuon Chea attends a hearing for former Khmer Rouge leaders on the outskirts of Phnom Penh / Reuters

Sep 21 2011
By Julia Wallace
The Atlantic
"I have no intention of going to court. I'm happy because I feel protected by the government, especially Prime Minister Hun Sen." - Im Chaem
The UN-backed trial is faltering under corruption and infighting, leaving Cambodians to wonder if they will ever see justice

PHNOM PENH, Cambodia -- Sem Hoeurn spent three years, eight months and 20 days of her childhood a virtual slave in the service of a government she knew only as Angkar -- the Organization.

Hoeurn was 10 years old when the paranoid and murderous Khmer Rouge marched into Phnom Penh, seized power, and attempted to engineer an "awesomely great leap forward" that ultimately led to the deaths of some 1.7 million people. She was conscripted into a children's labor unit and ordered to collect piles of bones from execution sites to dispose of in nearby rice paddies. By the time the regime was ousted nearly four years later in 1979, Hoeurn's father and brothers had all been tortured and executed by Angkar, which had the all-seeing "eyes of a pineapple," as one revolutionary dictum had it.

But this summer, along with hundreds of other victims of the regime, Hoeurn finally caught a glimpse of the aged and ailing remnants of Angkar in person for the first time as they shuffled into the dock at the UN-backed Khmer Rouge tribunal, where a landmark trial against the Khmer Rouge regime's four senior-most surviving leaders began on June 27. The eyes of the Cambodian people were at last on them.

"When I first saw the four accused, the bitter memory of mass killing under the Pol Pot regime came back to my mind," Hoeurn said. "I wanted to run into them and tear them apart."


The case against these four senior living lieutenants of Pol Pot -- Brother Number Two Nuon Chea, the regime's chief ideologue; head of state Khieu Samphan; Foreign Minister Ieng Sary; and his wife, Social Action Minister Ieng Thirith, who was also the regime's de facto first lady -- is expected to be perhaps the most complex such trial ever prosecuted. The trial must explore a vast array of crimes committed decades ago, most of them indirectly and through an elaborate chain of command.

Unlike the tribunal's first defendant, the sycophantic prison commandant Kaing Guek Eav, who was tried in 2009, the four top leaders have remained sullen and defiant since their arrests, largely declining to cooperate with the court and fiercely contesting the charges against them. All four were detained in 2007 after years of freedom in semi-autonomous fiefdoms along the Thai border. Even after the Khmer Rouge splintered and crumbled in the late 1990s, the top leaders were either pardoned or tolerated by the Cambodian government. Ieng Sary and Ieng Thirith lived in a luxurious mansion in central Phnom Penh. Khieu Samphan published a book blaming everything on Pol Pot.

In their sporadic public appearances since they were jailed, the four leaders have expressed a persistent sense of bewilderment at finding themselves up against a system they cannot wheedle or threaten their way out of. During a bail hearing in 2009, Ieng Thirith said that anyone accusing her of a crime would be cursed "to the seventh circle of hell."

Watching the defendants flail induces a certain amount of justifiable schadenfreude among Cambodians following the trial. (This is bolstered by the trial's frequent and detailed dissections of the defendants' health. Among other things, we have learned recently that Nuon Chea's balding pate gets chilly in air-conditioned rooms, and that Ieng Sary, beset with kidney problems, needs to urinate every 20 minutes.) Around Phnom Penh, some slyly transpose a vowel in the court's name, changing it from Sala Kat K'dey Khmer Krahom - "the court dealing with the issue of the Khmer Rouge" -- to Sala Kat K'daw Khmer Krahom, which translates to "the court for cutting off the dicks of the Khmer Rouge."

The public has been especially riveted by the bizarre sight of Nuon Chea, Pol Pot's remorseless second-in-command, sporting sunglasses and a striped ski cap pulled down low over his ears, practically swimming in his clothes. He resembled a superannuated bank robber as he rose on the first day of the trial to announce, "I am not happy with this hearing." He then staged a three-day walkout over the judges' refusal to hear the hundreds of witnesses he had proposed.

"Mr. Nuon Chea said he was unhappy with the court. Well, I wasn't so happy to see him either!" said Prach Vanna, a victim who was watching in the audience. "It wasn't much of a surprise to see him complaining."

The trial so far has been largely procedural, with evidence hearing delayed until early 2012. There are serious concerns that one or more of the defendants will not live through the end of the proceedings, which will likely last for years. Ieng Thirith is already displaying signs of dementia and may not be able to be tried at all. But the very fact that the case is creeping forward is a powerful symbol of justice for Cambodians, given the impunity and corruption that have plagued this nation for decades.

But just at the moment the tribunal, the culmination of 14 years of painstaking negotiations, should be enjoying its greatest triumph, it is being riven by internal politics. The conflicts are over two other cases, known in court parlance as 003 and 004, that many people -- including the Cambodian prime minister and his entire government -- hope never get tried at all.

The United Nations agreed to back the $150-million tribunal on the condition that it enjoy complete judicial independence from the Cambodian government. Its "hybrid" structure, with Cambodian and foreign judges and lawyers working in teams, was meant to provide a check against the hopelessly corrupt Cambodian judicial system. Meanwhile, the influence of the foreigners would, theoretically, help train Cambodian jurists -- who tend to range from breezily inept to brazenly crooked -- in international best practices.

Instead, it has worked the other way around, as the highly politicized Cambodian judicial system has seeped into the fabric of the court, apparently influencing both local and foreign judges alike. Prime Minister Hun Sen, whose musings and caprices are as good as law here, has insisted for at least a decade, loudly and publicly, that he would only allow five suspects to be prosecuted at the court.

Hun Sen, a former Khmer Rouge soldier himself who defected to Vietnam early enough to avoid prosecution, has repeatedly warned of mass bloodshed and civil war if additional Khmer Rouge were pursued. And it turns out the UN should probably have listened a little harder to what he was saying all along.

In 2009, over the objections of the court's Cambodian prosecutor, international prosecutors opened two new cases, known as 003 and 004. They dealt with crimes committed by two revolutionary military commanders -- the heads of the Khmer Rouge navy and air force -- as well as three mid-level leaders allegedly responsible for over 100,000 deaths at brutal prison camps and worksites in the country's north and northwest.

The two commanders, Meas Muth and Sou Met, have since become high-ranking members of Cambodia's military, where they still are. One of the other leaders, Im Chaem, is a local government official in Hun Sen's political party. Less is known about the other two, known as Grandfather Tith and Grandfather An, but one is believed to be a wealthy businessman in Phnom Penh.

At the tribunal, which derives its structure from French civil law, prosecutors open cases and hand them off to investigating judges, who are supposed to meticulously examine the alleged crimes before issuing indictments or dismissing charges. But under the glare of Hun Sen's fierce disapprobation, the two investigating judges agreed to quietly close Case 003 in April without interviewing Meas Muth or Sou Met, visiting crime scenes pinpointed by prosecutors, or apparently doing much at all. Rumor here had it the judges stuffed case files with papers to make them appear bigger.

By all accounts, the investigating judges are conducting an equally shoddy investigation in Case 004 and are poised to close it as quickly as they can. They have issued unusually sparse public information about both cases, withholding even a key list of crime scenes, without which victims are unable to file civil complaints. Meanwhile, the judges' investigating staff -- including Stephen Heder, one of the world's top experts on the Khmer Rouge -- have fled the court en masse. In his widely circulated resignation e-mail, Heder cited a "toxic" working environment and the judges' decision to close Case 003 "effectively without investigating it."

The tribunal's most bitter intramural duel has pitted British Co-Prosecutor Andrew Cayley against the erratic and defensive German Investigating Judge Siegfried Blunk, who joined the court in December. Cayley has pushed the judges to conduct a better investigation, filing a formal request that would require them to take remedial steps such as actually interviewing the suspects in the case. Cayley also revealed the long-delayed list of crime scenes in Case 003 and requested more time for victims to file their claims. Blunk and his Cambodian counterpart, You Bunleng, promptly censured Cayley, ordering him to "retract" the information within three days and publicly considering contempt-of-court charges against their colleague.

Both the UN and the court's major international donors -- which include the U.S., Great Britain, Australia, and Japan -- have largely declined to address the deteriorating situation, focusing instead on getting Case 002 under way. Donors seem to be hoping hard that everyone will forget about the other two cases and focus on the business of prosecuting the four top leaders, whom everyone can happily agree should be tried, and soon.

But it will not be so easy. For one thing, the implosion of the final two cases is not self-contained. If 003 and 004 are dismissed after shoddy investigations, it will call into question the legitimacy of the court's first two trials, and the tribunal itself.

"This court was created with the full knowledge that the Cambodian prosecutors and judges would be subject to pressure from the Cambodian government, and there are rules in place to insulate the proceedings from that possibility," said Anne Heindel, an expert in international law who monitors the tribunal for a local NGO.

"However, the rules are impotent when a UN-appointed judge colludes in a sham. And that's why the brazen failure to investigate the suspects and the crime sites in Cases 003 and Case 004 is so menacing -- it threatens to taint the entire investigative process and thus the legitimacy of all the Court's proceedings."

Defense lawyers for the four senior leaders have complained for years that political interference would make it hard for their clients to get a truly fair trial. In 2009, the court attempted to question six senior members of the current ruling party, including the presidents of the Senate and National Assembly and the ministers of finance and foreign affairs. Most of them were former Khmer Rouge members -- one a former assistant to Pol Pot -- with knowledge that could have shed light on the internal mechanics of the regime. But the government immediately announced the six would flout the summonses, and their evidence has never been heard.

In an impassioned speech immediately after the trial in Case 002 began, Nuon Chea's lawyer Michiel Pestman reminded listeners of these facts, arguing that the debacle of cases 003 and 004 was symptomatic of a much larger problem.

"The government has from the very beginning obstructed the investigation against our client, as they are now doing in cases 003 and 004," he said. "The way the initial investigation unfolded shows that this government still fails to understand the crucial importance of an independent judiciary. Government should not tell judges what to do."

It's not clear what, if anything, the UN can do to resolve the situation, or whether it even wants to. When UN Secretary-General Ban Ki-moon visited Phnom Penh last year, Hun Sen told him flatly that cases 003 and 004 were "not allowed." Ban never directly addressed the comments, even when queried by concerned tribunal staffers, saying only that the UN expects that the court would remain independent. In June, Ban's office issued an unusual media statement explicitly declining to comment on the work of the investigating judges in cases 003 and 004, but emphasizing the "true international significance" of Case 002.

"The Khmer Rouge tribunal has become a court for cutting off the dick of the UN," a Cambodian friend of mine observed shortly after the statement was released, playing off the graffiti here.

And though Sem Hoeurn and many other victims of the regime are enjoying their day in court, their long-delayed opportunity to look their tormentors in the eye, countless others will not be given the same chance.

Im Chaem, the suspected former Khmer Rouge official who would likely have been indicted had Cases 003 and 004 moved forward, is now a spry, tiny old woman with a toothy perma-grin, known to her neighbors as Grandmother Chaem. When I met her last year at an NGO-sponsored forum near her home near the Thai border, she chatted and bantered happily with attendees before retiring to a refreshment table, where she proceeded to put away dozens of the sweet glutinous rice cakes known as num ko'am at an astonishing pace, discarding their banana-leaf wrappers in a neat pile at her feet. It was hard to square her essential adorableness with her fearsome reputation. Under the tutelage of her mentor, the notorious peg-legged warlord Ta Mok, she is accused of overseeing ideological purges, forced labor sites, and mass executions that killed thousands.

But I did glimpse her inner steel in a later interview. Reached by telephone, Chaem said talk of her involvement in Case 004 was just a "rumor" that had been cleared up by the government's assurances that the case did not exist. She insisted she had never committed a crime during the regime, and that any killings that occurred at the time were due to disagreements between individuals, not Khmer Rouge policies.

"I have no intention of going to court," she said. "I'm happy because I feel protected by the government, especially Prime Minister Hun Sen."

Cambodia's Khmer Rouge court excludes victims' voices

Posted: 21 Sep 2011 08:32 AM PDT

You Bunleng (L) and Siegfried Blunk (R)
Open Society Justice Initiative Press release
September 20, 2011
Contact: Jonathan Birchall
1-212-547-6958

NEW YORK—The Open Society Justice Initiative is deeply concerned by a recent decision by two judges at the UN-backed Khmer Rouge tribunal in Cambodia that undermines the principle that victims of international crimes should be given a voice in the courtroom.

The two judges, Siegfried Blunk of Germany and Cambodia's You Bunleng, are responsible for investigating five individuals alleged to have committed crimes against humanity and war crimes during the Khmer Rouge era. They are also responsible for determining whether victims of the alleged crimes may seek official representation in the trial process.

However, the judges have denied victim status to an apparently legitimate applicant, according to an appeal brief filed recently by the victim's lawyers. The judges' decision applies a definition of "victimhood" which precludes family members and other survivors from seeking justice for harm inflicted upon their loved ones—contrary to the court's own established practice.

The victim—whose spouse was executed by the Khmer Rouge—was granted participation rights in the court's second case against four top Khmer Rouge leaders, on the basis of the same facts.

If the judges' new definition of "victim" were applied to the victim participants (known as "civil parties") in the tribunal's first case against Kaing Guek Eav, 86 out of 90 participants would have been excluded.

Earlier this year, the two judges made a similar ruling against an application from Rob Hamill, a New Zealander whose brother was tortured and killed by the Khmer Rouge.


James A. Goldston, executive director of the Open Society Justice Initiative said: "This decision is an affront to the victims of Khmer Rouge crimes. In departing from the body of law set down by this very court, the ruling violates basic principles of fairness, legal certainty, and transparency."

These developments further contribute to an already sizeable body of evidence raising serious questions as to the independence, competence, and professionalism of the court's two co-investigating judges.

The Justice Initiative reiterates the recommendations it made to the United Nations in June 2011—to conduct an independent investigation into serious allegations that the co-investigating judges at the Extraordinary Chambers in the Courts of Cambodia (ECCC) are deliberately stymying investigations.

Goldston added: "Continuing to ignore these allegations only serves to further risk the ECCC's legacy for justice in Cambodia, as well as to compromise the UN's own contribution to the development of international criminal law."

PM talks gas and oil with Thai assembly head

Posted: 21 Sep 2011 08:25 AM PDT

Wednesday, 21 September 2011
Vong Sokheng
The Phnom Penh Post
But Global Witness Campaigner George Boden warned earlier this week that if Cambodia did not vastly improve its laws to regulate extractive industries the benefits of those resources would be isolated to the ruling elite. "The Cambodian government has a track record for corruption, and its oil laws are not fit for purpose," he said in statement.
PRIME Minister Hun Sen held talks with the President of the Thai National Assembly Somsak Kiatsuranont in the capital yesterday, paving the way for the extraction of contested oil and gas reserves in the Gulf of Thailand.

Since Yingluck Shinawatra led Pheau Thai party to take power in Thailand in August, efforts to resolve the disputed Overlapping Claims Area have been bolstered by a series of high-profile visits from the new Thai Prime Minister and her brother Thaksin Shinawatra.

Yesterday's talks between Hun Sen and Somsak focused on restoring diplomatic relations between the neighbours so both Kingdom's could begin exploiting resources in the 27,000-square-kilometre OCA, the premier's personal spokesman Eang Sophalleth said.

"God has created Cambodia and Thailand as neighbours and we have joint potential mineral resources [oil and gas]," Eang Sophalleth said Somasak told Hun Sen.


"Therefore Cambodia and Thailand together must join hands to exploit the mineral resources for the benefit of the people from two countries," he quoted the Thai National Assembly President as having said.

But Global Witness Campaigner George Boden warned earlier this week that if Cambodia did not vastly improve its laws to regulate extractive industries the benefits of those resources would be isolated to the ruling elite. "The Cambodian government has a track record for corruption, and its oil laws are not fit for purpose," he said in statement.

"The country's international donors must push for reform, so that the millions due to be paid by oil, gas and mining companies are used to build schools and hospitals, instead of lining the pockets of senior politicians".

Finding Happiness From Within Self - Op-Ed by Ven. Maha Phirom

Posted: 21 Sep 2011 08:19 AM PDT

Puok Pret Ruos - "The Living Demons": Poem in Khmer by Srey Sra'em

Posted: 21 Sep 2011 08:16 AM PDT

Do You Know...? series

Posted: 21 Sep 2011 08:12 AM PDT

Do You Know...? series

Can we get rid of the tyrant through peaceful protests?

Cambodian Land Activist Beaten by Police: AI Urgent Action

Posted: 21 Sep 2011 08:11 AM PDT

Open Letter in support of the residents living around Boeung Kak Lake: Amnesty International

Posted: 21 Sep 2011 08:08 AM PDT

3rd and FINAL NIGHT of the play Speak Truth To Power: Voices from Beyond the Dark - this WEDNESDAY at Meta House, 7 p.m.

Posted: 21 Sep 2011 05:00 AM PDT



"Very moving to see those well known faces shining in the dark, especially when you think of the darkness they are illuminating, with Cambodia and its memories surrounding the audience." 
 
- playwright Ariel Dorfman 


 

TONIGHT Wednesday
is
3rd and FINAL NIGHT
of

Speak Truth To Power:
Voices from Beyond the Dark

performed by
The Phnom Penh Players




at

Meta House German-Cambodian Cultural Center

FREE ADMISSION.

We recommend you reserve seats with Nico Mesterharm of Meta House.

















COMFREL Release the Result of Workshop on Voter's Voice in Remote Areas; Sre Khtoum, Keo Seima, Ratanakiri province

Posted: 21 Sep 2011 01:59 AM PDT

Dear all,

COMFREL is please to release its press release on the result of workshop on voter's voice in remote areas; Patang commune, Lompat district, Ratanakiri province was held on September 12, 2011.

Please see the attached document for details.

FYI : If you need releases or articles related to workshop on voter's voices, elections reforms, democracy/political reforms, decentralisation and governance, please feel free to visit our website :

Best regards,
COMFREL


http://www.box.net/shared/nmgh86f4qhdpzi3l5mrv

Boeung Kak: Government claims dispute handled well (SIC!)

Posted: 21 Sep 2011 01:54 AM PDT

Bloodied Suong Sophorn after he was beaten by the cops (Photo: The Phnom Penh Post)

A woman cries when her house was tore down (Photo: The Phnom Penh Post)
Wednesday, 21 September 2011
May Titthara and David Boyle
The Phnom Penh Post

DAYS after an activist was beaten unconscious at Boeung Kak while excavators working for a ruling party senator tore down residents' homes, a government spokesman said yesterday that the dispute had been handled "the right way".

Ministry of Foreign Affairs spokesman Koy Kuong said at a press conference that Foreign Minister Hor Namhong recognised land disputes such as Boeung Kak were an issue but had claimed all had been resolved without forced evictions.(SIC!)

"For example on the Boeung Kak issue we found the resolution by providing compensation for families who agreed to leave," he said. "And some families who want to develop on the site, we, the government, also provided 12.77 hectares of land for them too."


Last month, the government agreed to provide on-site relocation to 746 families. But on Friday excavators from senator Lao Meng Khin's Shukaku company were filmed tearing down the houses of families subsequently cut out of that deal.

Sia Phearum, director of the Cambodian Housing Rights Task Force, said Koy Kuong should leave his "air-conditioned room" and visit sites of violence forced evictions have occurred in the past five years.

Rainsy sentence cut to 7 years [-It should be cut down to ZERO!!!]

Posted: 21 Sep 2011 01:49 AM PDT

Sam Rainsy speaks to reporters from the Post in August 2008 in Phnom Penh. (Photo by: Heng Chivoan)

Wednesday, 21 September 2011
Meas Sokchea
The Phnom Penh Post

THE Appeal court yesterday reduced a decade-long sentence handed to opposition leader Sam Rainsy on charges of disinformation and forgery for producing maps alleging Vietnamese encroachment on Cambodian territory to seven years.

The September 2010 sentence against the self-exiled leader of the Sam Rainsy Party was commuted as the original sentence was made under law established by the 1993 United Nations Transitional Authority in Cambodia, not the Kingdom's new penal code.

Sam Rainsy produced the maps shortly after he uprooted demarcation posts on the Vietnamese border in Svay Rieng's Chantrea district during a protest in October 2009, an act which landed him a separate two-year jail sentence.


Government lawyer Ky Tech said yesterday that a seven-year penalty was correct under the new penal code.

"This decision is according to the law ... we have nothing to oppose, we can accept [the sentence] because the Appeal Court decision is correct," he said.

Sam Rainsy, who lives in exile in France, could not be reached for comment yesterday by the time the Post went to press.

But SRP lawmaker Kim Sourphirith said the decision was just a "funny game" by the court to feign independence, adding his party was not interested in whether Sam Rainsy's sentence was increased or reduced because the case was politically motivated.

"We are not interested in the sentence," he said.

"We knew beforehand that the court would give Sam Rainsy a guilty sentence," he said.

The decision, based on Cambodia's penal code adopted in late 2009, also reduced a five million riel (US$1,233) fine handed to the SRP leader to three million riel but left unchanged 60 million riel he is required to pay in compensation to the state.

End of road for ambassador

Posted: 21 Sep 2011 01:45 AM PDT

US Ambassador Carol Rodley speaks at the US Embassy in Phnom Penh, in July of 2010. (Photo by: Sovan Philong)
Wednesday, 21 September 2011
Vong Sokheng and Kristin Lynch
The Phnom Penh Post

THE United States embassy in Phnom Penh confirmed yesterday that Ambassador Carol Rodley will be leaving her position at the end of the month.

Her departure ends a term in which she openly spoke against corruption and saw the release of hundreds of diplomatic cables as part of the WikiLeaks saga.

In an email to the Post yesterday, embassy spokesman Sean McIntosh said that Rodley had "completed her mission in Cambodia".

The embassy's announcement comes nearly three years after Rodley began her term on October 24, 2008. McIntosh said that Rodley "will be making private farewell calls on a number of senior Cambodian officials prior to her departure".


Yesterday morning, Rodley met with Foreign Minister Hor Namhong.

During the closed-door meeting in Phnom Penh, Rodley praised the improved relations and deep understanding between the two countries, said Ministry of Foreign Affairs spokesman Koy Kuong.

Rodley also reiterated American commitment to the region, he added.

Despite this show of good will, Rodley has attracted some controversy throughout her tenure, being at times outspoken of the Cambodian government, a rarity for most ambassadors in the Kingdom.

She has been particularly critical of corruption, which, in a 2009 diplomatic cable released by Wikileaks, she said "stares Cambodians in the face".

That same year, during a speech at an anti-corruption concert in Phnom Penh, Rodley made headlines by saying that Cambodia was losing up to US$500 million each year due to graft, a claim that drew government ire.

"It is very much regrettable that a representative of a foreign government has made such an allegation based on a biased assessment and without any proof," the Ministry of Foreign Affairs said in a statement at the time.

Leaders of local American organisations yesterday spoke highly of the Ambassador's time in the Kingdom.

"She's been open and accessible. She hasn't just been an ambassador for us, she's been an ambassador for everyone," said Democrats Abroad Cambodian Chairman Wayne Weightman.

"She will be missed," he added.

A successor to Rodley has not yet been named, McIntosh said.

US ambassadors are nominated by the President and are subsequently confirmed by the Senate after hearings before the Senate Foreign Relations Committee.

NGO ban questioned

Posted: 21 Sep 2011 01:42 AM PDT

Wednesday, 21 September 2011
Vincent MacIsaac
The Phnom Penh Post

PRIME Minister Hun Sen allegedly approved a recommendation from Deputy Prime Minister Keat Chhon that foreign NGOs be banned from doing advocacy work in Cambodia, according to documents received late yesterday by the Post.

In an accompanying translation of the yet-to-be verified June 17 letter, he also agreed to a call for Cambodian NGOs that do advocacy not to have foreigners involved in them. The letter also includes a recommendation that the Council of Ministers speed up its review and implementation of the draft law on associations and NGOs.

The recommendations followed sharp criticism from NGOs of the resett-lement impacts of the US$141 million railway rehabilitation project, which is funded by the Asian Development Bank and AusAID.

Hun Sen gave his approval to the recommendations on June 19, according to the copy of the documents. The letter had been photographed, apparently by a cell phone, is marked with the Finance Ministry's stamp and is accompanied by what appears to be Hun Sen's signature.


Some Khmer wording was not clear in the copy and though sections of the translation have been verified by the Post as accurate, its authenticity has not yet been independently confirmed.

The letter accuses "ignorant foreign NGOs" of inciting the about 4,000 people affected by the railway project "to file complaints", according to the translation. It also accuses the NGOs of creating chaos and confusing "affected people" so that "those who possess the land illegally … believe that they possess [it] legally".

Four NGOs had written to the bank's president last year calling for the suspension of loans for the project until resettlement issues were addressed. One, Sahmakum Teang Tnaut, was suspended by the Ministry of Interior in late July, while Bridges Across Borders Cambodia and NGO Forum received written warnings from the Ministry of Foreign Affairs. Both STT and Bridges Across Borders are mentioned by name in the letter.

Government officials either said they were unaware of the letter or not in a position to comment on it, or both, last night. Ministry of Interior spokesman Phay Siphan said he had no knowledge of the letter. After it was briefly described to him, he said that only the Ministry of Finance and Economy, the Prime Minister's Cabinet or the Asian Development Bank could comment on it.

Keat Chhon could not be reached for comment. Kong Vibol, a secretary of state at the Ministry of Economy and Finance, said he had no knowledge of the letter and could comment no further. Eang Sophalleth, an adviser to Hun Sen, also said he could not comment because he had no knowledge of the letter.

Sothea Ros, spokesman for the Asian Development Bank, said the bank would carefully review the document before replying. The ADB said it had conducted an internal investigation following allegations – also contained in the letter – that consultants for the organisation, both Cambodian and expatriate, had requested that two NGOs be shut.

It also reiterated its support for the NGOs, saying they had "provided useful information about the resettlement process which has helped us to address the needs of the people affected by the project. We hope that the NGOs will be allowed to continue their work".

Meanwhile, NGO Forum has responded to its warning letter from the Ministry of Foreign Affairs. Its executive director, Chhith Sam Ath, said yesterday the umbrella group of 88 NGOs had responded to the ministry on September 2, but declined to comment further.

Sweden and Finland oppose new dam at the Mekong River

Posted: 21 Sep 2011 01:38 AM PDT

21 September 2011
ScandAsia

Land-locked neighbor reveals plans to start construction of controversial dam months before regional meeting decides on the issue

Undeterred by a regional agreement to which it is a signatory and despite fears of major negative social and environmental impacts, Laos seems determined to build a controversial dam on the lower reaches of the Mekong River.

International donors maintain that the fate of the dam depends on approval by ministers of neighboring countries whose concerns cannot be ignored.

Analysts in the field also stress that any preemptive attempt to unilaterally close the decision-making process of the project would be in breach of a regional agreement to which Laos is a signatory.

Bloomberg reported on September 9 that Laos plans to start construction this year of the US$3.8 billion Xayaburi dam on the Mekong River after changing the design to placate neighboring countries opposed to the project.


Laos completed a review of the dam initiated in May to ease concerns that it would harm rice production and fish catches downstream, Bloomberg quoted Viraphonh Viravong, director-general of the Lao ministry of energy and mines' Department of Electricity, as saying on September 9.

"We want to explain, and make the other countries comfortable," Viravong told Bloomberg. "If they are still very negative about it, of course we will spend some more time on it."

The Bloomberg report said that Laos presented the project review conducted by Finland-headquartered Pöyry Group to Vietnam and plans to meet separately with Thai and Cambodian officials to discuss recommendations. The government can decide whether to proceed with the project at any point, it added.

But Le Duc Trung, who heads the Vietnam office of the Mekong River Commission (MRC) - an inter-government agency established to coordinate use of the riparian resources - said he was unaware of the latest developments on the issue.

"We have not received any information from Laos in this regard," Trung told Thanh Nien Weekly.

The findings of the Pöyry-conducted project review have not been made public.

"Pöyry has been engaged by the [Lao government] to conduct a study on compliance of the current technical design of the Xayaburi hydropower project," the company said in a statement sent to Thanh Nien Weekly.

"Pöyry's services do not include any feasibility study or environmental and social impact assessments. Any possible release of information regarding the study results will be made by the client," it said.

Strong objections

The 1,260-megawatt, 810-meter (2,600-ft) Xayaburi dam in northern Laos has been touted as a major step for green energy by its proponents, while those in the opposing camp have dismissed such claims as disingenuous.

Laos, with a population of around six million people and a gross domestic product of $5.6 billion, is looking to shed its status as one of the world's most impoverished countries within the next decade and is aggressively pursuing hydropower as a means to generate income.

But conservationists say scores of fish species are likely to become extinct because of the dam that will block migratory routes. Moreover, large areas of rice fields would be deprived of fertile silt carried downstream by Southeast Asia's longest river, they add.Â

Vietnam, Cambodia, and Thailand have voiced strong opposition to the project and urged Laos to defer if not cancel its implementation. Vietnam earlier called for a 10-year moratorium on all 11 dam projects proposed on the Mekong River, which also runs through Myanmar, Thailand and Cambodia from its source in the Tibetan plateau.

In April, Laos apparently agreed to suspend the project, pending approval from the four countries at a ministerial-level meeting scheduled for later this year.

Laos's international donors have urged the landlocked country to keep its promise.

"Laos is a sovereign country, but as a diplomatic partner to Laos, Sweden is encouraging the Lao government to take into consideration potential impacts of Xayaburi, both environmental and social in Laos and in neighboring countries, when taking its final decision," said AnnaMaria Oltorp, head of the Development Cooperation Section at the Swedish embassy in Bangkok.

"Finland continues to stress that Laos is expected by development partners to honor its undertakings towards other member states of the MRC," said Sanna Pulkkinen, Mekong Program Manager for the Finnish Ministry of Foreign Affairs.

Oltorp also said that a decision on the project is expected at the MRC Council meeting slated for this November.

Done deal?

Laos has maintained that the decision-making stage, or the consultation process, of the Xayaburi dam is already over, allowing the project developer, Ch. Karnchang Pcl (Thailand's third-biggest construction company by market value), to proceed with important preparatory work.

Ninety-five percent of the electricity to be produced by the Xayaburi dam is slated to be purchased by the Electricity Generating Authority of Thailand.

Laos's viewpoint has been emphatically rejected by both the MRC and its international donors.

"Finland considers the [consultation] process still underway," Pulkkinen said. "The Member States have requested additional information and the proposed mainstream dam in Xayaburi will be discussed at a ministerial level later this year."

International Rivers, a US-based environmental NGO and perhaps the most vocal critic of the project, said in a press release in early August that a field visit to the site of the Xayaburi dam revealed that construction work on the dam's access road and work camps continued apace.

"The trip to the Xayaburi dam site on July 23rd revealed that a substantial construction camp has been established near Ban Talan village with at least a few hundred workers," the group said in the release. "An access road leading down to the dam site was also under construction and some land has been cleared without compensation provided to the owners."

In April, news reports also said that road to the Xayaburi site was already being built and some people were already being resettled from the project area.

Laos's Viravong told Thanh Nien Weekly in an email last May that upgrading of roads was requested by provincial authorities to be used by the public.

"It is up to the developer to extend their goodwill to the local people as there is no commitment at this time," Viravong wrote in May.

Mekong basin countries are bound by the 1995 Mekong Agreement to hold inter-governmental consultations before building dams, but none has veto powers and Laos will have the final say, although considerable diplomatic pressure can be exerted on it.

International Rivers said it has submitted to the MRC and regional governments a legal opinion by the US law firm Perkins Coie, which states that "The Mekong Agreement precludes any unilateral decision that threatens the river's ecological balance or impacts the needs of people who rely on it."

"Laos's unilateral action to prematurely terminate the [consultation] process, without allowing its neighbor countries to properly conclude that process, violates the Mekong Agreement, and therefore international law," the group said.

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