Saturday, December 29, 2007

Human Rights in Cambodia and in Kenya - A compilation by Dr. Lao Mong Hay

The following provides a comparison between the human rights situation in Cambodia and in Kenya, to see whether the human rights situation in Kenya is really "100 times worse" than that in Cambodia as our Prime Minister Hun Sen claimed on 12 December when he attacked Prof Yash Ghai, UN Secretary-General's Special Envoy for his criticism of the human rights situation in Cambodia.


CAMBODIA

KENYA

Freedom
(Freedom House 2007)
Political Rights Score: 6
Civil Liberties Score: 5
Status: Not Free

Press
Partly free
Ranking:122

GNI per capita:
US $380 (World Bank, 2006)
(GNI: Gross National Income)

Area:
181,035 sq km (69,898 sq miles)

Population:
13.7 million (via UN, 2006)

Freedom
(Freedom House 2007)
Political Rights Score: 3
Civil Liberties Score: 3
Status: Partly Free

Press
Partly Free
Ranking:126

GNI per capita:
US $540 (World Bank, 2005)
(GNI: Gross National Income)

Area:
582,646 sq km (224,961 sq miles)

Population:
34.3 million (UN, 2005)



CAMBODIA
Human Rights Situation 2006 (Amnesty International)

The land crisis continued unabated; over 10,000 urban poor were forcibly evicted from their homes and thousands of rural dwellers lost their lands and livelihoods in land disputes. The authorities continued to use the courts in an effort to curtail peaceful criticism. Restrictions on freedom of assembly were maintained.

Background
A government-led crackdown on peaceful critics ended in February with a deal between the Prime Minister and some adversaries, leading to the release of several prisoners of conscience, among them opposition parliamentarian Cheam Channy. The opposition leader, Sam Rainsy, returned from exile after he received a royal pardon.

The government's junior coalition partner, the National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC), faced crisis as Prime Minister Hun Sen of the ruling Cambodian People's Party (CPP) stepped up pressure against party president Prince Norodom Ranariddh and his followers. Some 75 senior FUNCINPEC officials were dismissed from the government and the National Assembly, culminating in an extraordinary FUNCINPEC congress on 18 October in which Keo Puth Raksmey became the new party president. In November Prince Ranariddh launched the Norodom Ranariddh Party by joining and taking the lead of the small ultra-nationalist Khmer Front Party.

The UN High Commissioner for Human Rights visited Cambodia in May and concluded that the strengthening of the judicial branch of governance was crucially important for the consolidation of democracy under the rule of law.

Land and housing
Land concessions and other opaque land deals between business interests and the authorities continued. In a series of forced evictions in June and July around 10,000 urban poor in Phnom Penh lost their homes to well-connected businessmen without adequate consultation, compensation or legal protection.

At dawn on 6 June several hundred security officials armed with rifles, tear gas and electric batons began the forced eviction of Sambok Chab village in central Phnom Penh. Around 5,000 villagers were forced into vans and taken to a relocation site some 20 kilometres from the city centre, an area which lacked clean water, electricity, health clinics and schools. The lack of basic amenities at the relocation site led to increased prevalence of diarrhoea, skin infections, malnutrition and respiratory infections, particularly among children and the elderly.

The forced eviction impoverished an already poor community by depriving them of their land and livelihoods. It took place despite the call two weeks earlier by the UN Special Rapporteur on adequate housing and the UN Secretary-General's Special Representative on human rights defenders for an end to the evictions and immediate action to ensure that these families had access to adequate housing consistent with Cambodia's human rights obligations.

On 29 June, armed forces began the forcible eviction of 168 families living next to Phnom Penh's Preah Monivong Hospital. Houses were demolished and the residents, some of whom had lived on the land since 1988, were resettled some 30km from the city without basic facilities.

In both instances police cordoned off the area of eviction, preventing journalists and human rights workers from monitoring events.

Local human rights defenders were targeted by law enforcement agencies in connection with forced evictions and land disputes both in urban and rural areas. At least 15 land rights activists were detained during the year.

Legal system
Long-awaited reform including laws governing the judiciary and criminal justice system did not take place. The anti-corruption law, which had been set as a top priority in the concluding statement of the annual donors' meeting in March, was not passed. Instead a new anti-corruption body under the powerful Council of Ministers was established by the government in August, comprising senior officials of the ruling party.

A Law on the Status of Parliamentarians was passed in August, which limits freedom of expression for parliamentarians. An anti-adultery law imposing custodial sentences was voted through the following month, and a law introducing compulsory military service - in sharp contrast to government pledges to reduce the armed forces - was passed by the National Assembly in October.

In his address to the UN Human Rights Council on 26 September, the UN Special Representative of the Secretary-General for human rights in Cambodia said that the government had used prosecutors and judges, while pretending to uphold their independence, to intimidate or punish critics. He stated that the government had applied the law selectively and that its supporters had enjoyed immunities from the civil and criminal process for blatant breaches of the law.

Born Samnang and Sok Samoeun, who were sentenced in August 2005 to 20 years' imprisonment for the murder of trade union leader Chea Vichea following an unfair trial, remained in prison. After significant domestic and international pressure calling for their release following testimony from a new witness, an appeals hearing was announced for 6 October. As one of the judges did not appear in court the hearing was postponed.

Freedom of speech and assembly
The widely used and controversial criminal defamation law was reformed in May, with the custodial sentence removed. Several high-profile cases were suspended. Subsequently the law against disinformation, which has a maximum prison sentence of three years, was used in a number of cases to silence or intimidate critics, including several journalists.

Death threats were received by two local journalists, Soy Sopheap of the CTN television channel and You Saravuth of Sralanh Khmer newspaper, after they reported alleged corruption by military and government-linked individuals. You Saravuth was forced to flee abroad.

Restrictions introduced in early 2003 on the right to assembly continued. Requests for permission to hold demonstrations were regularly refused by the authorities, while demonstrations and protests were often broken up by force.

The Extraordinary Chambers
The Extraordinary Chambers in the Courts of Cambodia were established on the outskirts of Phnom Penh to prosecute suspected perpetrators of gross human rights violations during the Khmer Rouge period (1975-1979). Due to disagreements between national and international judges, a plenary session of the Chambers failed to adopt the tribunal's internal rules which are required to launch investigations and prosecutions. There was renewed criticism of the lack of transparency in the recruitment of Cambodian judges; some were on the ruling party's central committee and others lacked basic legal training.

Former Khmer Rouge leader Ta Mok, one of two detainees scheduled to face prosecution by the Extraordinary Chambers, died on 21 July, never having been tried for his alleged role in crimes against humanity.

o O o

KENYA
Human Rights Condition 2006 (Amnesty International)

The government intensified its intimidation and harassment of journalists and human rights defenders. Impunity for abuses by police was reinforced as the authorities failed to investigate allegations of police brutality. Violence against women and girls, including rape and domestic violence, remained a serious concern, although a new law was passed outlawing sexual offences.

Background
The government of Mwai Kibaki faced widespread criticism over the involvement of several senior ministers in two corruption scandals. The Vice-President and two cabinet members were among 30 people summoned by the Kenya Anti-Corruption Commission (KACC) in connection with the Anglo Leasing scandal, in which large sums of government money were paid for equipment that was never provided. However, the Attorney General, Amos Wako, decided not to prosecute the 15 suspects indicted by the KACC.

The report of an inquiry into the Goldenberg scandal, which involved the loss of $1 billion in false gold and diamond exports in the 1990s, was published in February. It recommended corruption charges against businessman Kamlesh Patni, education minister George Saitoti, former President Daniel Arap Moi and several others. In March five people, including Kamlesh Patni, were charged. In August a panel of three High Court judges ruled that George Saitoti, who had resigned, had no case to answer.

Attacks on media freedom
There was increased intimidation and harassment of media workers and journalists by the authorities.

• In March, armed police, acting on government orders, raided the offices and presses of the Standard group, a leading media company, and the studios of KTN television. They set fire to the 2 March edition of the Standard, damaged equipment at both sites and confiscated computers. The raid provoked widespread protests both nationally and internationally. Three Standard journalists had been arrested before the raid and charged with producing "alarming" articles for reporting that the President had held secret talks with a political opponent. The Standard group filed a complaint against the Internal Security Minister and the Police Commissioner in connection with the raid, and a Parliamentary Committee held hearings to investigate it. In September the charges against the three journalists were dropped.

• Clifford Derrick Otieno, who filed a private prosecution alleging assault by First Lady Lucy Kibaki, the wife of President Kibaki, in May 2005, was repeatedly threatened and harassed. He was forced to leave the country in January, but his family continued to be threatened. His case against Lucy Kibaki was terminated by the Chief Magistrate. In November, following repeated postponements, the Constitutional Court dismissed his appeal challenging the termination.

• In May, two journalists working for the Citizen television channel were reportedly assaulted by police after they had attempted to photograph officers allegedly trying to extract bribes.

A draft bill - the Media Council of Kenya Bill 2006 - proposed a statutory media council in place of the existing voluntary council. The bill was criticized on the grounds that it proposed imposing restrictions on the work of journalists through an annual licensing system, allowed for political interference through the composition of its appointments board, and limited the right of appeal against the proposed council's decisions. By the end of 2006 the bill had not been passed by parliament.

Harassment of human rights defenders
The government sought to undermine and obstruct the work of human rights defenders. Non-governmental organizations accused the government of using the KACC and the Kenya Revenue Authority to intimidate its critics.

• In September, the Chairman of the Kenya National Commission of Human Rights, Maina Kiai, was summoned by the KACC for an investigation into allegations of abuse of office. The allegations against Maina Kiai, an outspoken critic of the government, included issues related to his relocation allowance and the manner in which auditors were selected. Forty civil society organizations came to his defence, stating that the investigation was politically motivated and part of a wider plan by the government to harass and intimidate human rights defenders.

Impunity
The authorities failed to investigate allegations of human rights violations by police, including reports of torture and unlawful killings. Provincial Commissioner Hassan Noor Hassan reportedly issued "shoot-to-kill" orders to police in Nakuru district in October, following a spate of ethnic clashes.

• Despite a request for information by the Special Representative of the UN Secretary-General for Human Rights Defenders, there was no news of an investigation into allegations of ill-treatment made by Ojiayo Samson and Mithika Mwenda, both human rights activists. The two men were beaten by police officers in July 2005 after being arrested during a demonstration and continued to face criminal charges.

• There was still no investigation into the deaths of Paul Limera, aged 14, Hillary Ochieng, aged 17, Vincent Otieno, aged 15, George Ogada and Paul Mwela, who were shot by police officers during a demonstration in 2005.

In October the Justice Minister, Martha Karua, announced the creation of a new body to receive public complaints about police excesses and hold the police accountable.

• A group of former Mau Mau insurgents launched a suit against the UK government in October, seeking compensation for human rights abuses including rape, beatings and other torture committed during the rebellion for independence in the 1950s. According to the Kenya Human Rights Commission, tens of thousands of people were tortured by the British authorities at the time.

Violence against women and girls
Women continued to face widespread violence, and violence against girls reportedly increased. Most sexual violence against girls was reportedly committed by family members or close family friends.

• In March, 10 schoolgirls were raped during a demonstration in the town of Nyeri. Five local boys were later arrested, but no prosecution was reported.

The government passed the Sexual Offences Act 2006 in May. The new act imposed minimum sentences for different crimes; defined rape, defilement and other sexual offences; and proscribed the use of previous sexual experience or conduct as evidence against the victim. However, the act did not recognize marital rape, provided a restrictive definition of rape and did not criminalize forced female genital mutilation.

Forced evictions
Tens of thousands of residents were forcibly evicted from forest areas and informal settlements. Evictions were characterized by violence, the destruction of houses and property, and inadequate resettlement and compensation provisions. Notice was sometimes, but not always, given.

The government pledged to develop national guidelines on evictions, and in May set up an inter-ministerial task force to finalize them, but no draft had been issued by the end of the year.

• In March, 3,000 families were evicted from Kipkurere Forest in the Rift Valley. Settlements were burned, and property and food stocks destroyed.

• In June, 8,000 people were evicted from Emborut Forest, in the Rift Valley. Houses, schools and churches were burned down.

• More than 600 families were left without shelter after Komora slum in Nairobi was destroyed in September to make way for a private development. Residents complained that they had nowhere to go, that they had been given only 10 minutes to clear their homes, and that the iron sheets they had used for their dwellings were destroyed.

Protection of refugees and asylum-seekers
Tens of thousands of new Somali refugees crossed the border into Kenya, joining the 160,000 refugees - mostly from Somalia - already living in camps around the town of Dadaab in the east of the country. By late October, an estimated 34,000 had arrived, fleeing increased violence in southern and central Somalia.

At Kakuma camp, near the Sudanese border, there were reports of rising tensions between refugees and members of the local Turkana ethnic group. Four people were killed in clashes and attacks on the camp in August. Refugees who had been repatriated to southern Sudan returned to Kakuma camp in May, reportedly because of insecurity in southern Sudan.

Kenya, Rwanda and UNHCR, the UN refugee agency, signed an agreement in March on the voluntary return of about 3,000 Rwandan refugees.

Death penalty
Despite the government's commitment to abolishing the death penalty, expressed to the UN Commission on Human Rights in March 2005, there were no significant movements in that direction in 2006. Death sentences continued to be imposed; however, no executions have been carried out since 1986.

5 comments:

Anonymous said...

Why have we always compared Cambodia to poor run countries? Our role models are not the poor countries. Cambodians deserve a lot better than what they are getting. Cambodians must no longer be exploited for political gains. We should pick a couple good role model countries to shape our progress. Even with dirt poor countries, Cambodia still does not look any better... Kenya has nothing to do with Cambodia as a country. Yash Ghai is only trying to do his job right as the Human Rights envoy. It is time to think about the people, for the people and the nation. We must come of age especially the Cambodia prime minister.

Anonymous said...

Cambodia must be compared to Thailand.
Khmers are not more stupids than Thais.
Why do we have stupids leaders all the time ?
Hunsen, Pol Pot, Sihanouk:All of them are bad, stupids and traitors of the nation.
The only good khmer leader of this century was Son gnoc Thanh who really worked for Cambodia and its people.

Anonymous said...

Because We are stupid people who elected stupid leaders.

Anonymous said...

Whatsoever Kenya is, it 's not an excuse for us to condone Dictature, Human abuse, Corruption......
Don't let Cambodia ruled by this group of vultures: Hun Sen's fanily and in-Law families, his Criminal Stars and his crook businessmen-women...

Anonymous said...

Dr. Lao Mong Hay was merely rebutting Hun Sen's mouthpiece's moronic comparisons and insults toward a decent man who was telling the truth on behalf of the Khmer people. I don't know why Hun Sen doesn't just say "yes we are bleeding our country to a dessicated corpse, what are you gonna do about it!"? They know very well that their reactions are bullshit. Thanks for the data Dr. Lao Mong Hay, but you don't want to go and cloud the issue with FACTS now.