The Phnom Penh Post - ENGLISH: “not laughable” plus 9 more

We hope to be able to raise the awareness of some sponsors, and obtain some reparations that are not laughable.

In a fiery speech attended by thousands, opposition leader Sam Rainsy yesterday vowed that his party would boycott the National Assembly if a thorough investigation of election results is not undertaken and vowed mass demonstrations if preliminary numbers aren't revised to reflect a Cambodia National Rescue Party win.

"We are determined not to allow someone to steal Khmer people's success," screamed a hoarse-sounding Rainsy, just hours before he was set to board a plane to America to attend his daughter's wedding. "Don't threaten us. [We] are not afraid. [We] will hold a very big mass demonstration."

On Saturday, the National Election Committee formally rejected UN involvement in a joint investigation, saying it would be illegal to involve anyone other than the NEC and political parties. Though the government has maintained the involvement of foreign and local monitors as observers of the investigation is allowable, the CNRP has insisted they be involved on a technical level.

Yesterday, Rainsy reiterated that point, saying an investigation with outsiders was the only way forward.

"We do not want to hold a protest. If [the CPP] wants to avoid a demonstration, it must resolve the [problem] properly."

While early NEC figures appear to confirm the CPP's claim that it won 68 seats to the CNRP's 55, the opposition has maintained from the start that its gains were far higher. Last week, the party announced it had won at least 63 of the National Assembly's 123 seats based on figures from its polling monitors.

Yesterday, CNRP deputy president Kem Sokha announced that figure was even higher and claimed the government was well aware.

"At five o'clock [election day], the result was given to me. We won 70 per cent. When they heard CNRP won 70 per cent, they told someone to issue the result as 68 to 55 and they ordered someone to tell NEC to declare according to this result," he said, adding that they believed more than 70 per cent of armed forces and civil servants had voted for the opposition.

Stressing that there was no option for a coalition, Rainsy also took pains to address claims made repeatedly by Prime Minister Hun Sen and other top government officials, stating that – should the party boycott – the government could legally consider their seats abandoned and redistribute them. In a speech on Friday, Hun Sen addressed the legalities and also warned that a boycott would be "going against the King".

But in truth, retorted Rainsy, the King could never OK a parliament from which scores of members had boycotted.

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"Do not tell a lie, no one believes it," he said. "The King is the king of Khmer people, and if the King imprints a royal seal [on the National Assembly], the King would be the [political] party's king."

Party whip Son Chhay told the Post that despite Hun Sen's threats, it was unlikely the party would follow through in taking seats away from the CNRP and having the King ratify such a body.

"It's just a threat. You cannot have a parliament made up only of CPP. There's no way.… Imagine that Cambodia's parliament consists of 123 solely CPP members. It's not possible," Chhay said.

Though the event lasted less than an hour, thousands of supporters streamed in, filling the entirety of Freedom Park and the surrounding streets. Led by Rainsy and Sokha, the crowd frequently broke into chants of "change" and "victory". Peaceful and jovial though the crowd was, it seemed apparent many were ready to take to the streets should Rainsy give the signal.

"The CPP is a thief and a robber. They stole not only from me, but from many people," said 60-year-old Meas Chanthavy, who travelled from her home in Takhmao – Hun Sen's district – to attend the rally. "I am not concerned about [Hun Sen's threats of instability], because I've experienced it since 1998. We're done with this. I'll come out and demonstrate if I need to. I'm not afraid."

The government, for its part, slammed Rainsy's claims, noting that the party had announced its intention to disregard the results long before the vote was even held.

"No matter what the results were, they wouldn't respect it," said Council of Ministers spokesman Phay Siphan, who stressed, once again, that UN involvement breached the NEC's own policies.

"It's been very open and transparent, it's all out on the table.... [At Saturday's ballot count], Sam Rainsy was there, Comfrel was there – they could not find a mistake. So instead, they publicly speak out."

Though Siphan was loath to speak about the possibility of mass demonstrations, he said they would be met "with how the law proscribes".

Such protests, however, would be viewed with an unfriendly eye, he admitted.

"[Rainsy] is the one that's boycotting, boycotting everything. So I don't call this one as a demonstration. This one we no longer call a demonstration. We call it a rebellion."

The Football Federation of Cambodia have confirmed their appointment of Lee Tae Hoon as national team head coach on a two-year contract from September 1, FFC general secretary Kong Sopanha told the Post yesterday.

The South Korean, who previously took charge of the side between August 2010 and May 2012, will begin training sessions early next month with sights firmly fixed on the U23 squad's appearance at the 27th SEA Games in Myanmar this December.

The posts of general manager and assistant coaches are still under consideration by the Federation.

Thai-Cambodian diplomacy came in the guise of sequins and tweed over the weekend.

Scores of style fanatics turned out to see a fashion and beauty expo aimed at furthering cultural and economic exchange between the two countries.

The four-day 2013 Thailand Fashion and Beauty Show at Phnom Penh's Paragon Supermarket, which ended on Sunday, showed off designs from both sides of the border, including one promising young Cambodian designer.

A string of models paraded down a red-and-white carpeted catwalk to a hip-hop soundtrack, dressed in tweed jackets, patterned skirts and cheap, modern designs typical of Thailand's booming fashion industry.

"I am so happy to celebrate this event in Cambodia, and to encourage customers to trust the quality of our products," said Jiranuu Wongmonkol, a commercial representative from the Thai embassy.

A further purpose of the event, she continued, was to strengthen the strong economic ties and trading volume between the two countries, as Thailand has long been an investor in Cambodia.

The real stand-out of the show, however, hailed from closer to home.

Young Cambodian designer Hung Chin, the man behind hand-made fashion specialists Chin FDesign, exhibited his styles of casual, avant-garde and haute couture clothing.

From sequined mini-dresses and iridescent pearly gowns to ensembles formed entirely from tassels, his brand promises a new standard in hand-made, low-cost Cambodian design, he said.

"It's my dream for the next generation of Cambodians to see more Cambodian brands selling for acceptable prices," said Chin. His clothes retail at $10 and upwards, with casual wear available at the lowest cost.

The 21-year-old designer, who recently graduated from Limkokwing University, will open his own shop next week, after two years selling to local shops.

Last weekend was the second time Phnom Penh-based Chin has showed his collection in the capital, having also participated in the 2012 Thai fashion show.

He said he was proud of the co-operation between Cambodian and Thai designers.

Alongside styles from South Korea, Taiwan and Hong Kong, Thai fashion is enormously popular in the Kingdom, with stores like Pencil Supermarket sourcing clothes from across the border.

"I like using Thai products like clothes and cosmetics because they are good quality and cheap," said Van Naka, 22, a university student who attended the show on Thursday.

But, she added, the show also encouraged her to buy local designs.

"After I saw the models wearing both Khmer and Thai clothes, I was passionate about both styles, but also encouraged to buy more clothes, bags and shoes by local designers," Naka said.

Chin will open his shop near Russian Market in Phnom Penh on August 15.

"Even if it is not a large brand name to export outside the country, it can show Cambodian people Cambodian talent," he said.

Back in 1995, Sang Kha Vi was a 24-year-old motodop chasing down $1 fares from foreign tourists.

On a daily basis, he picked up and let off passengers at dozens of low-budget accommodations across the city. Soon, he started getting more ambitious. A business plan was born, and he spent the next 15 years making it happen.

"It was my dream to be the owner of a guesthouse one day, but I didn't have any money," said Kha Vi, now 42.

Opened in 2010, the Kha Vi Guesthouse on Street 258, while hardly distinguishable from other cheap options for tourists in Phnom Penh, is the result of the eponymous owner's single-minded determination, years of working the lower levels of the hospitality industry, and not a little good fortune.

In the mid 1990s, Kha Vi's main gig was as a moto driver outside Okay Guesthouse near the Royal Palace. After a year and a half, he was offered a job as a waiter. Then he moved over to man reception. In a few years, he was a manager.

Breaking off on his own, he started a tuk-tuk business and made a $4,400 investment in land in Siem Reap province. After the government's paving of provincial roads drove up property values, he says he sold the land off for $48,000 to a company looking to build a petrol station. Now he had seed money.

But back in Phnom Penh, as a tuk-tuk driver, he was doing research, noting down popular tourist areas, and finally settling on Street 258 as a potential opportunity.

"Location is very important, [no body will stay there] if you build a guesthouse in the wrong location," he said.

He also developed an established network of customers and other drivers – which would come in handy later when they would recommend his guesthouse to tourists.

"I had a business card and website in English with my name, number and email. I had a lot of people to drive every day," he said.

With his funds and the help of outside investors, Kha Vi opened his guesthouse.

He says business has been good. Three months after the initial opening, he expanded by renting a villa across the street.

Everything he learned about hospitality at Okay Guesthouse applied to the new venture.

"What I did there is the same as what I do for my business here," he said.

"I would buy other tuk-tuk drivers food and drinks because I want them to bring me customers."

Competing with more than 250 low-rate guesthouses in Phnom Penh, he pushed the rate down a few dollars to stay competitive.

The main building has 28 rooms, and the villa has 15. The cheapest single bed accommodation, equipped with a fan but no window, is $8. A larger room, for two or three people with air-conditioning and balcony, costs $15.

With one dream done, another has risen to take its place. Kha Vi is now scouting properties to build a three-star hotel.

More than 100 families living in Koh Kong's Kiri Sakor and Botum Sakor districts are on the clock, with an official government decree demanding they vacate their land in less than two months or face the bulldozers of the Chinese firm slated to build a new hydropower dam in the area.

Required to permanently relocate by September 20, residents were notified in mid-July that Union Development Co Ltd's preliminary development of the area is scheduled to start on October 1.

In an official notice signed by representatives of a government inter-ministerial committee, governors of Botum Sakor and Kiri Sakor are instructed to clear residents off the land by the late September date.

"If residents do not vacate the company's land following this announcement, the committee takes no responsibility for the destruction or loss caused by the arrival of company-owned bulldozers," the letter states.

Phan Eng, 57, a resident of Botum Sakor, says he won't move.

"The company only gave us three months to move and no compensation for our farmland," Phan Eng said.

Considered by many to be unlivable, the land allocated for the relocated communities lies three kilometres from Phan Eng's village, devoid of any public infrastructure and covered in forest.

"How can we live in a wild area? We have been using our farmlands to support our families and housing since 1998. We filed complaints in our provinces and Phnom Penh, but there is no solution," he said.

Botum Sakor district governor On Phearak confirmed the mandatory relocation, saying that most families had already left.

And yet, monetary compensation has yet to be distributed, said resident Lai Kean, 53.

"I will not move until the company compensates me. My family has 10 hectares of land here," Lai Kean said, adding that no student volunteers had measured her land.

Residents dealing with land disputes have been filing complaints with Licadho since 2010, provincial coordinator Kong Chet said.

"The remaining residents are struggling to defend their land," he said.

The Appeal Court on Friday upheld the murder convictions of two Chinese men, sentenced to 13 years for the 2011 stabbing death of a friend.

Kor Yinkouy and Vorng Fangphin, both from China, may further appeal their case to the Supreme Court within one month, said Judge Somrith Sophal, who presided over the case.

The two men were convicted in Phnom Penh Municipal Court last July of stabbing Jiang Yakong, also from China, to death in Russey Keo district's Prek Leap commune on December 13, 2011, Sophal said.

On Friday, Fangphin admitted to stabbing Yakong to death, but insisted he was not at fault.

The three men had been drinking together that night and when an argument broke out, Yakong pulled a knife and stabbed Yinkouy. When Fangphin intervened, Yakong kicked him, he said in court.

Fangphin then got ahold of the knife and stabbed him to death, he claimed.

When the nation went to the polls last month, many turned against the Cambodian People's Party.

In the days since, villagers have complained about CPP officials and supporters turning against them, seeking retribution for not supporting Prime Minister Hun Sen's bid for re-election.

In a statement released on Monday, a coalition of NGOs, including the Cambodian Human Rights Action Committee and Adhoc, spoke out against the alleged intimidation.

"We ... are deeply concerned over the allegations of intimidation, reprisal and threats amongst some people," it says. "Civil society groups have observed that some [voters] ... have been facing intimidation and threats from local authorities for not voting for the [CPP]."

The NGOs urged both major parties to put in place measures to deal with intimidation.

Phay Siphan, Council of Ministers spokesman, said stories of government officials intimidating villagers were "rumour" but urged anyone with complaints to make official reports.

In meetings with Interior Minister Sar Kheng held on Sunday, both the EU and British ambassadors said they did not want opposition demonstrations "which would frighten [the] Cambodian people," state news agency AKP reported.

Neither mission rejected that the ambassadors had made such pronouncements, issuing identical statements to the Post when approached individually about their comments.

"[The ambassador] underlined the need for peaceful resolution of disputes, and for all parties to avoid any action, which may lead to violence," spokespeople from each embassy wrote in separately emailed responses.

While the US government has issued a strongly worded statement since the elections, supporting the opposition's calls for a "credible" and thorough investigation, the EU has called only for a fair and swift resolution using the NEC and "established judicial mechanisms." The UK, meanwhile, has issued no such public comment in the post-election period.

With Case 002/01 drawing to a close at the Khmer Rouge tribunal, civil parties to the proceedings, for the first time in the history of international justice, are facing the prospect of receiving reparations for the atrocities they endured – if they can pay for them, that is.

Ever since it amended its internal rules in the wake of its conviction of S-21 jailer Kaing Guek Eav, aka Duch, the court has allowed for non-monetary collective reparations for civil parties to be paid for by external donors in the event that the accused are found to be both guilty and incapable of paying for reparations.

In the absence of explicit fundraising rules, however, gathering that funding has fallen to the Victims Support Section (VSS) and, in part, to civil party lawyers themselves, who now have until September 26 to present a final submission of reparations projects to be approved by the court – but only if the necessary funding is already in place.

In an August 1 memo to civil party lawyers, the trial chamber says that a proposed list of reparations already submitted "appropriately acknowledge the harm suffered by Civil Parties ... and provide benefits to the Civil Parties which address this harm".

But, it continues, under internal rule 23, "the Chamber may only endorse reparation measures pursuant to this sub-rule where sufficient funding has been secured".

And securing that funding is easier said than done.

"We hope to be able to raise the awareness of some sponsors, and obtain some reparations that are not laughable," civil party lead co-lawyer Elisabeth Simonneau-Fort said in an email.

At the moment, however, there have been only "a very small number of sponsors", she added.

One case in point is a pair of projects meant to be carried out in conjunction with a local mental health organisation.

According to an adviser there, who asked not to be named, a preliminary budget drafted to take into account 700 civil parties called for about $1 million in funding, but so far, just over one tenth of that has been pledged.

"So, with this amount of money, the only thing we could hope to do is to start a pilot program and hope that donors jump on board," the adviser said, acknowledging that court rulings including all Case 002 civil parties in the 002/01 judgement could cause the number of beneficiaries to jump fourfold.

The problem, in part, she added, lies with the VSS.

"There are no staff [there] who are actually experienced enough to deal with project management ... proposal writing, dealing with donors and all that," she said.

"Also, [there is] probably a lack of motivation to really go forward and systematically and effectively address it with potential donors."

Panhavuth Long, a program officer with the Cambodian Justice Initiative, said that a preoccupation with the court's day-to-day expenses had also hampered reparations fundraising.

"All the relevant organs ... including the trial chamber and [UN Special Expert] David Scheffer, have not done enough to see that reparations can be implemented," he said. "It is all on the shoulders of the VSS."

Placing the burden of gathering the funds on the "under-funded" VSS has had other consequences, civil party lawyer Lyma Nguyen said in an email.

"That is, although the rules do not envisage civil party lawyers seeking the necessary funds for these projects, the limited resources allocated by the Court's administration to the VSS have made an enhanced engagement of lawyers necessary," she said.

And, according to lead co-lawyer Simonneau-Fort, fundraising is "absolutely not" in her job description.

"It's not my job, but I have to say that I try to convince some donors ... and I continue to do so, right now, with the international donors," she said

"I really take a lot of my time to do that ... to get good projects that are funded," she continued, adding that she has tried to convince the VSS to make fundraising a priority. "I will not say that it is not interesting, but it should not be my job."

Even 59-year-old civil party Pech Srey Phal found the arrangement inappropriate.

"I don't think civil party lawyers should have to find funds for reparations projects," she said.

"They are law people, not people who find money.... I think the court should investigate to find how much money those suspects have left and take that money to pay for reparation projects."

A court spokesman said "a number" of VSS officials and staff were involved in fundraising and added that figures for donations weren't immediately available.

According to Nguyen, even as the vaguely defined mechanisms for gathering third-party funding resulted in "much confusion over the years", the court never adequately looked at the most traditional source of reparation funding: the defendants themselves.

"All charged persons were determined to be indigent for legal aid purposes, solely on the basis of declarations of the accused persons. No known investigations were conducted into the assets of these individuals, also when determining indigence for the purposes of reparations" despite requests from civil party lawyers, she added.

Long – along with Nguyen and Simonneau-Fort – stressed the importance of reparations to the process, and hinted that the window for offering them might be closing.

"They had to wait so long for the decision, and they had to wait more for the reparations, and [continued delays] would be an insult to them," he said. "The civil parties are really old, and they want to see something that will help relieve their suffering."

ADDITIONAL REPORTING BY CHHAY CHANNYDA