The Phnom Penh Post - ENGLISH: “Grenade suspect to court” plus 9 more

Khoem Dara, the suspect in a fatal grenade attack on a pre-wedding party in Kampong Thom province's Sambo district, is expected to be sent to court today, police said yesterday, adding that the death toll from the blast had risen by one to 10.

"We have compiled the report and sent it to the prosecutor to review the case. We [preliminarily] accused him of murder," deputy provincial police commissioner Ker Khannara said, adding that Dara could face life in prison if found guilty.

Dara was arrested on Sunday afternoon, the day after a grenade was thrown into the middle of a group of about 100 dancing partygoers.

One more of the victims succumbed to their injuries yesterday, Khannara said.

"It's a tragedy," he said, noting that because the victims' families are poor, some donors and the provincial governor had donated money to them.

"Because so many people died, police are searching for anyone else involved," he added.

A labour law expert from the International Labour Organization yesterday rejected claims made by Cambodian factories and employers associations that workers in the Kingdom have no fundamental right to strike.

In a paid advertisement in the Post yesterday, the Garment Manufacturers Association in Cambodia (GMAC) and the Cambodian Federation of Employers and Business Associations (CAMFEBA) used the ILO's Convention 87 on freedom of association to claim unions have misled the public about recent strikes.

"The right to strike is not provided for in … C87 and was not intended to be," GMAC's notice says. "Is the right to strike therefore a fundamental right? NO. The right to strike is NOT a fundamental right."

But Tim de Meyer, a senior international labour law specialist for the ILO in Bangkok, said the organisation has "always" considered the right to strike fundamental.

"The claims that the right to strike is not a fundamental right and that C. 87 does not establish a right to strike are not consistent with the position taken by the International Labour Organization and its tripartite constituency as a whole (i.e. governments, employers and workers) over a period of at least the last 60+ years," he wrote in an email.

While the convention didn't explicitly spell out the right to strike, he added, the "Governing Body (i.e. the International Labour Office's tripartite executive council) has always regarded the right to strike as a fundamental right of workers and of their organizations".

The advertisement followed a mass strike in the garment industry that began in December and ended this month after security forces shot dead four protesters near a garment factory in the capital.

"Any party", the advertisement continues, can sue a union leader guilty of illegal behaviour (GMAC claims all strikes in the garment sector fail to follow legal procedures) and emphasises that the registration of a union can be revoked.

Dave Welsh, country manager for labour rights group Solidarity Center, said he was concerned that the two associations were using a "simplistic … misreading" of the ILO convention to justify litigation against unions that were behind the recent strike – which cost the garment industry millions of dollars.

"We hope this is not a precursor to mass litigation against unions," he said, adding that targeting individual union leaders would also be concerning.

"It doesn't mean union officers have carte blanche to do anything … but you can't launch personal lawsuits against individuals whenever [something goes wrong]."

Welsh agreed that Convention 87 did not explicitly talk about the right to strike, but said case law and the work of expert ILO committees over the past 20 years had "extended the right to strike".

Rong Chhun, president of the Cambodian Confederation of Unions, said the advertisement was misleading because it failed to mention that Cambodia's labour law guarantees the right to strike.

"The association or union has the full right to strike," he said. "I think GMAC is trying to deceive the public."

Chea Mony, president of the Free Trade Union, agreed, saying that the right to strike was also protected under Cambodia's constitution.

"Maybe GMAC is confused about this point," he said. "When someone strikes, they do so within the law."

Article 37 of Cambodia's constitution states that the "right to strike and to non-violent demonstration shall be implemented in the framework of a law".

Article 319 of the 1997 Labour Law makes it clear that the right to strike is "guaranteed".

Ken Loo, GMAC's secretary-general, said his association was not trying to oversimplify the ILO convention, but merely stating that the right to strike "is not inherent".

"We want everybody to know [this]," he said. "This point has been argued for the past two years at the international [ILO] conference. There is no misleading or misguiding [from GMAC]."

The advertisement does not mention that the right to strike is protected under Cambodian law, stating only that it "is a matter that should be regulated at the national (country) level".

Loo denied that this was misleading, saying that GMAC was only trying to stem the tide of "misinformation" from unions and NGOs about freedom of association rights.

"We just want to clarify the impression that workers have the right to strike absolutely – they have the right, but it is the prerogative of each country to set the conditions."

Loo said the notice – which links violence to unions and "unlawful" strikes – was also aimed at showing that, in some circumstances and with "strict conditions", revoking a union's registration was allowed.

But Solidarity Center's Welsh said there needed to be clear reasons for unions to be deregistered and the right of appeal be granted.

"This kind of approach is a step backwards."

Another mouth-watering clash has been booked by Asia's leading mixed martial arts organisation, ONE Fighting Championship, with the fearsome firepower of Cambodia's Khim "Black Dragon" Dima set to take on the fanged fury of fellow flyweight Saiful "The Vampire" Merican of Malaysia in ONE FC: War of Nations at Kuala Lumpur's Stadium Negara on March 14.

Khim Dima lost his second bout at ONE FC last month in Manila, succumbing to a first-round barrage of blows from Filipino Ruel Catalan, who emphatically avenged the fight between his brother Rene and the Cambodian last October, which was recorded as a no contest. Rene had to be carried from the cage on a stretcher following a series of strikes to the back of the head deemed as excessive by officials.

Now the Black Dragon has a chance to wreak his own vengeance on Malaysian Muay Thai star Merican, who beat Dima's A Fighter team-mate Tok Sophon by unanimous decision in November.

However, the 22-year-old Banteay Meanchey native will be weary of his opponent, who is back in front of his home crowd and chasing a third straight MMA victory.

"The only hope I have to win the battle is by using Cambodian kickboxing [Kun Khmer]. That's the only strength that I think I have to defeat my rival," Dima told the Post.

As a veteran of more than 250 Kun Khmer fights, Dima's victories include a points decision against Merican on March 19, 2011, at TV3 Arena in Phnom Penh.

"Having had experience of fighting with [Mercian] before in Kun Khmer, it seems much harder to fight in the cage as I've been fighting as a Cambodian boxer much more than fighting in the cage with free combat," said Dima.

"In my last bout, I could compete with my rival both in strength and tactics and I was even taller than him. But I admit that [Catalan's] punches were heavily punishing.

"To win the battle in March, the solution is still the same – to use my kickboxing skills. I'll try to avoid fighting on the ground as much as I can. With that, I can beat [Merican] as I did before in our Khun Khmer match."

Dima, who is a second-year law student at Build Bright University, noted he had been training for the past three months at the Old Stadium, with daily sessions on Monday to Friday from 4-6pm. From 2-4pm, he trains in Kun Khmer.

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A Fighter trainer Chan Hun told the Post: "After Manila, Dima has fought and won all of his [local kickboxing] fights. We have been working on a lot of different things just to improve his all round ability – nothing in particular. We will go into this fight confident, especially knowing that Dima has already beaten Saiful."

The 27-year-old Merican, who hails from Terengganu in northeastern Malaysia and now heads up the eponymous Merican Muay Thai Gym in Kuala Lumpur, says he is also focused on utilising his stand up proficiency in March, but is working on improving his groundwork.

"You can expect fast, non-stop action from me. I hope to add another win to my MMA record," he told the Post by email.

"It will be an interesting match. I know MMA in Cambodia is fairly new but gaining more popularity over the past year. Fighting Tok Sophon in my last fight proves that Cambodians have the skill to go far in this sport."

Having been given the nickname "The Vampire" from a fight fan due to his "fast and deadly kicks" and ability to draw blood from opponents, Merican reached the pinnacle of his career thus far when he achieved a number one ranking from the World Muay Thai Association at 57 kilograms in 2009.

He will take another welcome boost from his Malaysian home crowd, who spurred him on to victory over Sophon two months ago.

"The chants of fans and family always give me added strength," he said.

ONE FC announced the flyweight bout last Friday, along with an all-Malaysian lightweight contest between posterboy Peter Davis (7-3) and Wes Java (2-1).

Nine bouts have been confirmed for the ONE FC: War of Nations card, which will be headlined by the Brock Larson v Nobutatsu Suzuki match-up for the inaugural ONE FC welterweight world champion belt.

ADDITIONAL REPORTING BY CHENG SERYRITH

Dear Editor,

Nothing is a better indication of changed circumstances in Cambodia than the recent resolution by the European parliament about Cambodia.

There are three main reasons why it has come to this.

The most important one is that Cambodia now has a strong and credible opposition. The countries that have been financing Cambodia are of course interested in stability. This will protect their investment and make it more likely that future aid will be less and less necessary.

I always had the impression that they were reluctant to rock the boat as long as there was a strong government and a weak opposition. This has now changed.

The second reason is the very public and obvious irregularities in counting the votes at the recent election (boxes that were not properly sealed, etc). The donor countries are mainly democracies and to be seen to be financing a crooked voting system is unacceptable for them.

They feel morally obliged to do something. (Unless their diplomats come up with all kind of excuses, which is, of course, what they are being paid for.)

Last and also least is the incident of the shooting of innocent civilians by government goons. This was a major tactical mistake by the government.

The Thai government was much smarter in letting the protests run their course and trying to let them run out of steam, and I had the impression that the government here initially was thinking along similar lines.

But then the pressure got too much for them and the hardliners got their way. But what worked in the past only resulted in giving the opposition ammunition in their efforts to involve foreign governments.

If I was a cynical person I would say something like "mission accomplished". But of course that would be entirely unfair. There are of course other reasons for the resolution. Corruption, prohibition of demonstrations, land grabbing, etc, etc, but they existed for a long time without triggering a strong reaction. Now of course they too are in the spotlight.

In all my years in Cambodia I have never seen such a change. One moment there was a docile and cowed population that didn't dare say anything and the next moment I thought I was in Australia, where criticising the government is a major pastime.

Good on you, Cambodia.

Heinz Wiese
Sihanoukville

Dear Editor,

In reference to your article "CNRP, report authors 'plotted', Sok An says", January 29, 2014, I wanted to clarify my quotation regarding "sharing some similar viewpoints" with the opposition and provide some context on the Electoral Reform Alliance (ERA).

My full remarks were more general and applicable anywhere – civil society organisations can share an opinion or position on an issue with a political party. This does not, however, mean they support the party or are "plotting with it".

An NGO and a political party can easily come up with the same policy independently of each other, and this should not impinge upon the NGO's independence credentials. NDI in Cambodia has at times vocalised positions that have coincided with those of the opposition, and, it should be noted, with the ruling CPP.

ERA is a coalition of NGOs and civil society organisations that share both the opposition and the government's stated desire for electoral reform. However, ERA operates independently of both, putting forward the coalition's own research, activities and reform recommendations, recommendations which may or may not be shared in full by the country's parties and government.

ERA provided a draft of its report on the July elections to all political parties, ahead of a public launch, to solicit their feedback, and offered to meet with them to discuss. Unfortunately, only the CNRP took ERA up on this offer and the CNRP was also the only party that participated in the ERA launch in December, although all were invited.

In sum, ERA has consistently reached out to all parties equally and will continue to do so.

With regard to the findings in the ERA report, as the article mentions, they are entirely based on either statistically-significant research (audits, sample-based monitoring) or government data (from the National Election Committee, National Institute for Statistics and other government bodies).

This fact was also pointed out by the NEC following the ERA launch, with an NEC spokesperson describing the report as simply the presentation of their data and, therefore, "nothing new".

If the government indeed rejects the ERA findings – for example, the charts and graphs on polling station creation, turnout, ICE distribution and registration and population rates in comparison to electoral results – then they are also questioning their own data and NEC figures.

To the other point in the article, it is entirely possible that there is a link between citizen action and/or protests and access to information, including research or reports. Since July, there are groups dissatisfied with the election process and people frustrated at having been unable to exercise their franchise, and they may certainly rely on any relevant information on the elections that back up their concerns.

This does not mean, however, that ERA is behind the protests. ERA makes information available to all and cannot be responsible for how various interest groups may choose to use it.

NDI is supportive of any efforts to promote electoral reform and welcomes the government's commitment to such reform, as articulated numerous times by government leaders and even, most recently, in Geneva.

We are looking forward to actively participating in, and providing information to, the electoral reform meetings and efforts organised by the government. We hope this will be an open and inclusive process, where all viewpoints can be shared in the spirit of democracy and progress.

Laura Thornton
Senior Director,
NDI

Rights groups yesterday called on ANZ bank to help address alleged labour and environmental violations at Phnom Penh Sugar Company instead of walking away from the problem.

A joint statement released yesterday by Equitable Cambodia and Inclusive Development International said it would be wrong for the banking giant to withdraw its financing for the firm and absolve itself of responsibility.

"Exiting the relationship would be an all-too-easy route for ANZ to take to try to make this story go away, but the fact is this story is not going away for the hundreds of families who have been impoverished by the project ANZ made possible," David Pred, managing associate of Inclusive Development International, said in the statement.

The call from NGOs comes a week after environmental auditing documents leaked to the Post pegged the multinational bank's local venture, ANZ Royal, as a financier of ruling party senator Ly Yong Phat's controversial sugar plantation.

Phnom Penh Sugar Company has been caught up in forced land evictions and child labour scandals. The files revealed that the sugar producer had ignored 60 per cent of the recommendations made by an auditing firm on a range of issues, from worker health and safety to relocation monitoring.

ANZ Royal said in response to the revelations last week that it would exit any relationship if a company did not meet the bank's own environmental and social standards. But the bank indicated that in the case of Phnom Penh Sugar Company, it would continue to engage.

"Our position hasn't changed, we are still engaging with the case, including trying to facilitate a meeting between the customer and the NGOs/community, which awaits a response from Equitable Cambodia," Grant Knuckey, ANZ Royal's CEO, said in an email.

The Indian ambassador to Cambodia is calling on the government to reduce exorbitant shipping costs and take better advantage of a tariff scheme that India offers, two obstacles that the diplomat says are discouraging bilateral trade.

Ambassador Dinesh Patnaik said on Tuesday that Indian businesses exporting goods to and from Cambodia are paying port fees estimated to be as much as $800 per 20-foot container, compared with $400 in Vietnam.

Consequently, Patnaik described how instead of shipping directly to and from Sihanoukville Autonomous Port, Indian businesses are sending goods to Vietnam's Ho Chi Minh port and moving them overland.

"Indian businesses are opting to ship bulk to Ho Chi Minh port as their main entry point, then transporting by road to Cambodia," he said. "Cambodia's government needs to keep port prices down."

His second complaint refers to a 2009 duty-free trade agreement under which the Indian government grants Cambodia an 85 per cent reduction on Indian customs fees.

Patnaik said that while major Indian exports of pharmaceutical drugs and raw textiles to Cambodia are growing at a healthy rate, more can be done to publicise the tariff preference deal and boost Cambodian exports to India, namely rubber, palm oil and pepper.

"India provided this duty-free agreement to bolster trade lines, but at the end of the day, all that matters is if Cambodians actually utilise them," he said.

Despite the dire picture, bilateral trade between the two countries is climbing.

According to the Indian Department of Commerce, volumes (imports and exports) between India and Cambodia increased nearly 17 per cent, from $106 million in the 2011-2012 fiscal year to $124 million in the 2012-2013 period. India's fiscal year runs from April 1 through March 31.

Cambodia exported more than $11 million in goods to India during the 2012-2013 financial year compared to just $5 million in 2009-2010, when the tariff preferences were first introduced.

Between 2009 and 2013, total bilateral trade between the two countries increased 145 per cent, according to Indian government records. Trade volumes for the current period are expected to be consistent with the year before.

"There is potential for much, much more export business given the concessions," Patnaik said.

Chan Sophal, spokesman for the Cambodian Economic Association, backed the ambassador's suggestion that more Cambodian businesses capitalise on trade with India, especially in black pepper.

However he added that access to information remains the biggest barrier for increasing volumes.

"In general, trade with any economy is good, but I would say there is a lack of awareness from Cambodian businesses on the benefits and opportunities in doing business with India," he said.

"Pepper is a signature commodity for the Kingdom, so this is an obvious trade route, which can and should be exploited."

Ken Ratha, spokesman for the Ministry of Commerce, said the ministry has held numerous talks with exporters and embassies, including India's, regarding shipping and port fees, and said that a revision of the cost structure is currently under way.

"We are aware of exporters transporting goods to other countries for shipment, and we are still in the process of finding the best solution to bring Cambodia's shipping fees down, as well as establishing better transportation means to and from the ports," he said.

Representatives from Sihanoukville Autonomous Port could not be reached for comment yesterday.

The Supreme Court yesterday heard the appeal case of three women sentenced to seven years in prison for procuring two minors to become prostitutes, a charge that victims and their attorneys deny.

According to presiding judge Soeung Panha Vuth, defendants Eng Phan, 45, Chem Pov, 47, and Hong Thy, 47, were arrested in 2010 at the Lucky Star Hotel after having been asked by a Chinese national to find young girls and take them to a clinic for blood and virginity tests in preparation for selling them into prostitution.

Defence lawyer Khieu Sophal maintained that there was no evidence in the case apart from forced confessions.

"The victim did not testify before the court that my client committed the crime as accused," he said.

The doctor's letter, he added, was simply a health check-up.

Phan, Sophal's client, maintained that she had simply hired one of the purported victims, a 16-year-old girl from a poor family, to make fish dumplings for 10,000 riel ($2.50) a day.

Defendant Pov said that she didn't know the victim, and had simply been waiting for an appointment when she was arrested.

Dismissing the claims of innocence, Sek Saroeun, a lawyer for the victims, asked the court to punish the defendants further by making them pay compensation.

The verdict is to be be handed down on February 14.

The director of the Kampong Chhnang Provincial Agriculture Department has been suspended and removed from his position in the wake of allegations of corruption and abuse from subordinates, though officials yesterday declined to say whether further steps would be taken against him.

Muy Khan, the director of planning and accounting for the department, said yesterday that director Ngan Nany had been suspended since January 20 after the department received word of the official announcement from the Ministry of Agriculture.

The announcement also promoted Nany's deputy, Ngin Hun, to director.

"Ngan Nany's suspension is a part of the government official reformation in this ministry, and we wholeheartedly support and follow the orders," Khan added.

Kreong Samath, provincial director of production and veterinarians, said yesterday that Nany's suspension was likely "an administrative punishment" following a ministry investigation into a complaint filed against Nany.

In November, 47 officials at the district and provincial levels filed a complaint accusing Nany of accepting payoffs for promotions, collecting money from officials responsible for an anti-bird flu campaign, withdrawing department funds for his own use and cursing and insulting his subordinates.

Ministry inspector Iv Soksan, who investigated the case, said inspectors questioned 50 of the department's 80 provincial officials before filing their findings to the ministry.

Asked about the suspension yesterday, Nany said that he had no reason to disagree with the ministry's decision.

"I am a government official, so I have to obey and follow the ministry's decision," he said, declining to comment further.

Beehive Radio director Mam Sonando will not be granted a digital TV licence because up to 80 channels have been allocated to a Chinese state television network.

Khieu Kanharith, the minister of information, said in an interview on TVK on Tuesday night that the allocation of between 70 and 80 channels to Yunnan province's state television network meant the ministry was "lacking frequencies".

"We will provide it for Yunnan province of China because it is a centre for relations between ASEAN and China. Yunnan is signing with TVK to create a TV [network] that has some 80 channels," he said.

He did not elaborate on what the channels would broadcast, or what local firm the station had agreed to partner with.

Kanharith added that the government did not feel it should grant Sonando a licence because it saw him as affiliated with the Cambodia National Rescue Party, and the law does not state that parties have the right to run TV stations.

"He says not allowing him a TV channel is a freedom restriction.… Currently, Beehive Radio Station is carping on at the government and we are still patient. And [so are] others such as Sarika, VOA and RFA," Kanharith said.

Regarding Sonando's requests for wider radio coverage, Kanharith said that Beehive already has some of the best equipment of any private radio station, including an antenna 40 metres taller than its competitors'.

Sonando, he added, should first pay back the $75,000 he owes the government before trying to establish a TV station.

Sonando said yesterday that he intended to pay the money he owed to the Ministry of Information, but he could not afford to do so.