Thursday, December 31, 2009
Justice Speech by Chanda Chhay
Originally posted at http://cambodianchildren.blogspot.com
In a corrupt justice system, the application of the law tends to be heavily biased against those who are poor, powerless and politically unimportant. These facts have been well known in Cambodia; but what makes these injustices more painful is the fact that the one who leads the fight against such injustices run away from the problems when the going get tough.
Let me be blunt. I am talking about Mr. Sam Rainsy and the poor, powerless and politically unimportant farmers in Svay Rieng Province, who have been accused of and charged with destroying state property after they pulled out six wooden stakes marking the border between Cambodia and Vietnam. From the video clips, the statements, and the actions of all involved, it is obvious that the farmers who pulled out the wooden stakes which were planted in their rice field took such action at the behest of Mr. Sam Rainsy. They (farmers) were led to believe that what they were doing was right, as a law maker was encouraging them to do so. Alas, when the state deemed the action a criminal act, it is quite unfortunate that the ones who have to face the consequences are the farmers.
Both Mr. Sam Rainsy and the farmers were equally charged with destroying state property by the Cambodian court in Svay Rieng province. It doesn’t matter if the Svay Rieng Court is a Kangaroo Court; Mr. Sam Rainsy and the farmers should confront the court’s proceedings together. A friend in need is a friend in DEED. Mr. Sam Rainsy should not let the poor, powerless, and politically unimportant farmers face the prosecution alone. As a politician, a political party leader, and a person with political means to defend and protect those powerless farmers, Mr. Sam Rainsy has a moral obligation to confront the issues head on. If this means going to prison, so be it. A person, especially a political party leader whose goal is to seek national leadership should not walk away from the sticky situation he has created. Claiming responsibility for one’s action in absentia while letting other partners-in-crime face the consequences alone is not the answer. We all know that in a dire situation and trying time, issuing statements and proclamation are cheap and meaningless. They have little effect in solving the problems. Only concrete actions count and could make a difference.
If my memory is correct, Mr. Sam Rainsy has engaged in Cambodian politics for almost 20 years now. As a politician and a law maker, he should at least be aware of how the Cambodian legal system operates. If he knows, as he claimed, that the Cambodian legal system is corrupt, incompetent, and prone to political influences, Mr. Sam Rainsy should use the opportunity the Svay Rieng Court has given him and his political clout as leader of a political party to expose these abominable weaknesses and bring changes to it. Otherwise, go to Greece and kowtow in front of Socrates statue to seek some divine guidance. Don’t let the poor farmers, especially Ms. Meas Srey, in Svay Rieng down. Those farmers might be naïve, but many of them do take responsibility for their action bravely knowing quite well that their plight depends very much on the whims of the flip-flop, full of promise-breaking politicians.
Chanda Chhay
Washington, D.C.
Let me be blunt. I am talking about Mr. Sam Rainsy and the poor, powerless and politically unimportant farmers in Svay Rieng Province, who have been accused of and charged with destroying state property after they pulled out six wooden stakes marking the border between Cambodia and Vietnam. From the video clips, the statements, and the actions of all involved, it is obvious that the farmers who pulled out the wooden stakes which were planted in their rice field took such action at the behest of Mr. Sam Rainsy. They (farmers) were led to believe that what they were doing was right, as a law maker was encouraging them to do so. Alas, when the state deemed the action a criminal act, it is quite unfortunate that the ones who have to face the consequences are the farmers.
Both Mr. Sam Rainsy and the farmers were equally charged with destroying state property by the Cambodian court in Svay Rieng province. It doesn’t matter if the Svay Rieng Court is a Kangaroo Court; Mr. Sam Rainsy and the farmers should confront the court’s proceedings together. A friend in need is a friend in DEED. Mr. Sam Rainsy should not let the poor, powerless, and politically unimportant farmers face the prosecution alone. As a politician, a political party leader, and a person with political means to defend and protect those powerless farmers, Mr. Sam Rainsy has a moral obligation to confront the issues head on. If this means going to prison, so be it. A person, especially a political party leader whose goal is to seek national leadership should not walk away from the sticky situation he has created. Claiming responsibility for one’s action in absentia while letting other partners-in-crime face the consequences alone is not the answer. We all know that in a dire situation and trying time, issuing statements and proclamation are cheap and meaningless. They have little effect in solving the problems. Only concrete actions count and could make a difference.
If my memory is correct, Mr. Sam Rainsy has engaged in Cambodian politics for almost 20 years now. As a politician and a law maker, he should at least be aware of how the Cambodian legal system operates. If he knows, as he claimed, that the Cambodian legal system is corrupt, incompetent, and prone to political influences, Mr. Sam Rainsy should use the opportunity the Svay Rieng Court has given him and his political clout as leader of a political party to expose these abominable weaknesses and bring changes to it. Otherwise, go to Greece and kowtow in front of Socrates statue to seek some divine guidance. Don’t let the poor farmers, especially Ms. Meas Srey, in Svay Rieng down. Those farmers might be naïve, but many of them do take responsibility for their action bravely knowing quite well that their plight depends very much on the whims of the flip-flop, full of promise-breaking politicians.
Chanda Chhay
Washington, D.C.
20 comments:
It doesn't make any sense. If Sam Rainsy do not subject himself to Cambodian law, do not obey the court system in Cambodia, how can he be a law maker and represent law abiding people?! If he plan not to be subject to Cambodian law or dismiss the court system, then he should not work in the royal government system all together. He should open a NGO organization. However, even if he open NGO in Cambodia, he still subject to Cambodian law. He is an educated man, he should know better.
Dear article writer,
I respect your opinion as you have expressed in your article that Mr. Sam Rainsy should remain in the country to challenge the Svay Rieng Court. But, sound like you are not one of us that have had experience with the Khmer Rough regime. Let me take S21 prison to remind on you how the Khmer implement their juridical system to those 16,000 plus victims. It doesn't matter you are guilty or not the result is execution. And who do you think is running the country right now ?. If you are in Mr. Rainsy's shoes will you stay around to accept the result?. Please remember any struggling either for self-determining or for any other reasons, there always some sacrifices have to be made and for that reason I think Mr. Rainsy is doing the right thing.
One Khmer opinion
Dear Chanda Chhay,
It is clear that the law rules in the favor of the ruling party, which means Hun Sen and his ruling party can do whatever they want to "Mr. Sam Rainsy and the poor, powerless and politically unimportant farmers". The Judiciary system picks and chooses which laws to enforce and which ones to overlook, depending on what best serves their political agenda. Mr. Sam Rainsy and the farmers have done nothing wrong, they removed wooden posts that were illegally put on their land. This severe attack against the farmers and Mr. Sam Rainsy, shows that the government is clashing hard, on behalf of the Vietnamese Government. Did the Courts or the Government in Cambodia care to talk to the Farmers and Mr. Sam Rainsy and investigate their concerns. This matter is critical to the livelihoods of our Khmer people and deserves pressing national attention, come on the ruling party giving away the lands that rightfully belong to the farmer in Svay Rieng. Instead of caring about it's citizens, the courts are using threats and intimidation to scare everyone silent. It would not serve the people of Cambodia any good if Mr. Sam Rainsy, were to appear before the court, the verdict would be thrown against him. What would happen then, they will throw him in jail, to silence him from protesting against all the injustices and the corruption that is so prevalent in Cambodia. Look at Ang san suu kyi, who is currently under house arrest in Burma, she is silent, the world does not hear from her anymore. The plight of the Burmese people are not even heard of anymore, the world has forgotten about them. The same will happen with the Plight of the Khmer people. When dealing with the Hun Sen and CPP, you must be one step ahead of them and not fall into their trap, landing in jail would be the latter.How many Opposition leaders, Activists and Journalists have Hun Sen and his thug government silenced with imprisonment and death? Hun Sen and the Judiciary system in Cambodia is barbaric and uncivilized just like the Gladiator fights in the Roman Collosseum. Now, if you were Mr. Sam Rainsy, would you step foot into the Collosseum, knowing that their are a bunch of wild animals there, who will tear you up and eat you alive and their is now escape route?
Dear reader 3:48,
to the contrary of your claim that it would do Khmer people little good if sam rainsy were to abide by the corrupt law, i ask you to examine important social evolutions of the twentieth century.gandi, Mandela, king,park, etc all serve time and fought within the system to break it. Sam rainsy is fighting a more hopeless and delusional fight each passing year. He has to to be accountable for his action wether he likes it not, in the end it is the Khmer people who judge, not the cpp court or Hun sen. If rainsy does not grow a backbone he will lose many supporters. Do not co
pare this to kr, it is not same.don't find an excuse, Chanda is right sam need to step to plate or step aside.
Dear 2:41AM,
Mr. Sam Rainsy has never been doing the right thing in the past. He is not doing the right thing in present, and he will not do the right thing in the future. Do you know why?
There is no doubt that Mr. Sam Rainsy is an educated and very intelligent man, and there is no denial either that Mr. Sam Rainsy can do much much better politically. But his life goal is not Cambodia and her people. His main target is to avenge the suspicious death of his father, the late ambassador Sam Sary. In the back of their mind, the Sams accuse King Norodom Sihanouk for Sary's death. Directly or indirectly, only God knows.
As the grudge is so deeply rooted in his sub-concious mind, Mr. Sam Rainsy has the intention not to eliminate only King Norodom Sihanouk. If he planned to only do so, he would have done it ages ago as the King Father has given him free audiences anywhere and any time as a token of either deep affection or payback. Nevertheless, Mr. Sam Rainsy is not satisfied with that at all. He plans to firstly eradicate the entire Norodom dynasty, and secondly to put an end to the Khmer monarchy.
For Mr. Sam Rainsy, running the SRP is used only as a tool to get to the top of the power echelon which in turn is used to achieve his life goal, period.
Folks, don't be fooled by Mr. Sam Rainsy and the SRP. If this party is true to the so-called 100 measures political platform, its president and its entire leadership would have done things totally differently. THINK ABOUT IT!
Yours Hean KONG,
It seems that Chanda Chhay is only preaching, but when it comes to facing the same problems as Mr. Rainsy is facing now he will run away as well.
I agree that Mr. Rainsy should not run away in the first place. If he stayed in Cambodia, he would be OK because come to the worst, he just seek asylum at the US embassy. But I don't believe that Mr. Hun Sen will get anything out of it for jailing Mr. Rainsy because it is politically damaging due to strong international outcry and pressures.
Because he is out of the country, what Mr. Hun Sen and the CPP want is to scare Rainsy or to prevent him from returning to Cambodia in order to weaken his party and eventually destroy it like what they have done with the Son Sann Party and Funcinpec.
Somebody try to compare Rainsy to Gandhi, Mandela or Martin Luther King. He must know that Cambodia under Hun Sen, a ruthless former Khmer Rouge cadre, Rainsy will not be treated the same as the British authority treated Gandhi, South Africa treated Mandela and the U.S treated Martin Luther King. They might stage Rainsy's assassination inside jail using the jailed criminals or poison him etc.
It is easy said than done, Mr. Chanda Chhay.
Dear friend @ 4:22AM,
". . . . in the end it is the Khmer people who judge, not the cpp court or Hun sen."
I don't care what other people would say and claim, but if your statement above is at least partial true, Cambodian people are blessed.
I hope you are right. i bless your heart.
Happy New Year.
Meas Thes
Apartheid was nor pleasant nor civilize but those who belieft in the injustice of the system challenged it notwithstanding torture, starvation, and even at risk of their own lives. If you think apartheid prison is heaven compare to Hun sen prison then you know very little or consciously downplay the courage and sacrifice of countless african lives for the free country they have today did not come without a cost. Blacks endured police brutality, lynching, selective justice but in America as in Africa people had leaders who fought and demonstrate the injustice of the system with the sacrifice and imprisonment.
You want public support? You want public and international outcry? Then participating in the corrupt system and stand against it by defiantly accepting guilt and let the govt throw you in prison and the people will wake up and see that you are on their side and that you suffer symbolic of their suffering. Mam sonando went to prison , rong chun went to prison, despite your claim of kr assimatipn they all were release unharmed. At least mu sochua is brave enough to say she will go to jail for her dignity rather then pay Hun sen. Why is sam rainsy so scare? If he is unwilling to make sacrefice and inspire the people then step aside. There are willing and brave opposition who can lead.
And finally, to mr meas thes , on most things we disagree on but I extend you the same greetings and to all Khmer a better new year
4:22
Rosa Park, Gandhi, Martin Luther King Jr. were dealing with a government(America/Britain) and people who actually abide by the established rules and laws of their country, so they were afforded justice that was due to them. Mr. Raimsy on the other hand has to deal with a bunch of Murderers, traitors, and liars who do not care about the laws. The culture of impunity is strengthen by the Kangaroo courts. Hun Sen will stop at nothing to get what he wants and he will spin and spin until the Cambodian people believe or just simply give up and accept it for what it is. His disregard for humanity, life and the law, is evident. The 1997 Grenade attack on Mr. Raimsy and his political Rally, 16 people were killed and hundreds including Mr. Raimsy and an American were injured. All evidence points to Hun Sen Unit 70 Brigade. At the time, Hun Sen had the audacity to state that to add insult to injury, Mr. Raimsy threw the grenade on himself/rally so that CPP can take the blame. Recent FBI released to the press blatantly states it was Hun Sen and his men who were behind the attacks, now he states that the reports conducted by the FBI lacks credibility.
YOu also mention Nelson Mandela, he served 27 years in prison! How much of a service can he be if he is in prison for 27 years. More than likely, Mr. Raimsy wouldn't even be alive for longer than a year in prison. Hun Sen will plot his assassination and then fabricate that it was a suicide. This is the kind of man, you are dealing with.
Instead of doing what Hun Sen and CPP wants us to do, which is argue over what Mr. Sam Raimsy should do or not do, we should all focus on the problem at hand. Hun Sen and his government are giving away Cambodian land, yea they are the Farmer's land, but in the end, it is Cambodian land and we should all be screaming bloody murder at the ruling government! I demand a thorough investigation to resolve this matter immediately. Hun Sen and his party should be held responsible, because they are committing traitorous acts to their people and country. Kangaroo Court in Svay Rieng needs to be put on trail and also for aiding in this political scapegoating. Yuon/Vietnam/Hano needs to be held accountable in the international courts for all their crimes against Khmer Krom and on the Khmer people for last three hundred years and now!
You are misled once again, do you think these people fight if system is already just? The system did afford them their rights until they fought for it? Should we just continue wait for our rights to handed for us sheepishly?
Correction: the system did not afford them the rights until they fought for it. Do not assume that america had a perfect union, they enjoy this award of justice and equality because people braved for it despite torture and persecution. You can even say Cambodia today have it better than blacks 60 years ago who were shot at, beaten, and attacked mercilessly by police dogs anytime confront these evil forces
Dear 7:45AM,
You have said it beautifully. I don't seem to have anything better to say than what you have stated. Thank you.
I rest my case.
8:32
For all countries in the world, the system is never perfect, it is just a matter of how close or how far it is from perfect, that's why there is a system of Democracy that has been put in place to maintain and protect justice. Cambodia is so far from being Just, it is light years away. In Cambodia, there is no real Democracy, there isn't even Hypocrisy. The government is blatantly stuck in the Dark Ages".
Without checks and balances there is no true Democracy, as a result the country and it's people will not prosper and suffer. How can it's citizen be great if their basic needs are not being met, based on Maslow's hierarchy of needs, one must have physiological needs, such as food, shelter and water to begin to climb the ladder towards self actualization.
I am, honest,I would to say in
my opinion ,if he or she lead
any kinds of problem, he or she
should be responsibility to his
or her subject .
Must stay in confront of the
principal of problem if a good
leader .
who know long kesphirum is cambodain or veit youn? last name not going tell at all you know why ? alot of veit youn smart ass they not used their last name example born samnang and sok sam oeurn both of them are not khmer these happen is not dog HUN SEN time sinec befor world war 2 so everyone please remember the name long kesphirum and face for aday you have a chance.
MR ' Samransy Please ,God Bless you all and happynew year .From Khmer USA.BUT REMEMBER ALOT OF KHMER NEED YOU AND STAY BEHIND YOUR BACK. THIS IS A HISTORY OF CAMBODAI DO NOT FORGET THAT.ONE DAY IT WILL BECOME TO A STORY BOOK JUST LIKE YOU HAD ONE NAME ROOTED IN THE STONE OK.
Dear Mr. Chhay,
Sam Rainsy does the right thing by leaving the country. While I respect the notion of staying in the trench with your follower, I disagree with how the CPP dispense justice.
There are many ways to deal with unjust laws. Mr. Sam Rainsy is using the best one he has at hand.
Mr. Chhay or anyone can call Mr. Sam Rainsy whatever they wanted... but in the end, and at the moment, this is the best way to invalidate unjust laws and corrupted culture and society.
Believe it or not, Mr. Sam Rainsey knows exactly what he is doing by pulling those markers down...He is attempting to show that the CPP and its laws, especially on boarder issues are not legitimate, and need to be made legitimate through inclusion of international bodies who signed the Paris peace accord as witness.
By his action, Mr. Sam Rainsy is saying...Cambodia is not capable of dealing with Vietnam on its own term without help from more technical developed nation on matter concerning cartograph. In Mr. Sam Ransy mind...a child cannot say no to the parents,especially when that child has been cared for... To do so would be ungrateful of that child to the parents..
Similarly, Cambodia will not be able to say no to Vietnam because Mr. Hun Sen and his CPP owes their wealth and power to Vietnam.
So in the end....Mr. Sam Rainsy is something of an anomaly...the CPP does not want to kill him because he is crucial to the CPP notion of democracy. By having Mr. Sam Rainsy around, Cambodia appears to be a democracy.
The CPP can't kill him, so they do the next best thing...silent him...through their court...
Chanda! I almost agree with what you said, but in cambodia's court system, we know what the verdict will be already. So Mr. Samrainsey is better not to deal with this court directly. Did he escape justice and let his suporters down? Through his past records, He always take care and protect all his suporters by all means that he could do. But in this situation, if he goes, he will definitely face jail time with no doubt. When he is in jail, the opposition voice will die in the country. But the lesson for Mr. Raisey is he sould learn from the past; he should be flexible in order to survive his political career. As a law maker, he is entitled to by the law to help and solve all problems involved with his constituents as well as the whole nation. I agree with all actions he has taken to help the farmers and to protect our border, but he went a little bid too far. If he just went to see all evidents of border encroachment with the farmers and reported to the media and made offial protest to the government event Vietnam embassy is better than to pull out the border posts. even these posts are legal or illegal plotted, but it is a frame work of the agreement between the two countries, so he should not destroy it at this time. Even though he pulled out or not pulled out the posts, there is no effect on the border demarcation process between the two countries, it is just a symbolized protest. There is no way to justify the border demarcation with Vietnam until the current regime changed. So what Mr. Raisey has done is used as an excuse by Hun Sen regime to silense him and finally let to the end of his political career. And without Samrainsey in politics, the opposition voice in Cambodia is in danger. In any circomstance, Mr. Rainsey is a hope and light for Cambodia democracy in the near future.
Sam Rainsy is a owner of Cambodia.
Vietnam steals lands from Cambodia.
We must not jail the owner.
We must jail the thieves and their accomplices.
Accomplices are CPP members and SvayRieng governor.
For Chanda Chhay: I almost ask for your book but after I read what you've written about our hero Mr Sam Rainsy I know you have not done your research on what might happen to him if he stayed in Cambodia. He has survived two reported assassinate attempts-you should read his book titled "We Didn't Start The Fire"
Better to save yourself now and live to fight another day!!!
Courageous Khmer
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