Koh Khban case showed the real coward who served the foreign interests

Hun Xen: "I serve Yuon's interest all my life,ain't I?"

14/11/2010
Comment by Kok Sap
Originally posted at: http://khamerlogue.wordpress.com/

Is Cambodia a democratic country? Likely, it's most unlikely.

Cambodia, in appearance, is facing the moral dilemma. Always, the government seems convinced that a citizen has no legal ground and right to stand up to denounce its actions. To prove the point in this case let us revisit the government action against land owners Prum Chea and Meas Srey who personally came to ask for help from their constitutional officer, MP Sam Rainsy, then on 25 October 2009 who's in the Koh Khban commune for religious business. Because of fear in reprisal and the embedded passive mentality of `the egg shall not be against the boulder' so the frustrated citizens had no choice but they had to do something to stop the government abuse of power. So they are commended for their courage and determination to fend off their property.

In the democratic society, is it legal to ask for help from the elected official? Yes.

Apparently in records, Cambodia government has been abusive and is always above the laws. Is it right for the government organ such the border delimitation group under Loka* Svar Kim Hong charge to have planted 6 wooden stakes on the private property without its owner's consent and knowledge?

Is it the owner, importantly a citizen, wrong in protesting against the government organs/agents action?

In this drama, who are the government organs? Obviously this case involved triangular forces: Svay Rieng court jurisdiction and Loka Svar Kim Hong and the opposition MP Sam Rainsy vested power. In light of the Constitution, who's wrong?

There are more questions that we can ask ourselves:

• Is it the Svay Rieng court right?
• Is it Loka Svar Kim Hong wrong?
• Is it wrong for the land owners to involve their constitutional officer, MP Sam Rainsy, in defending their property ownership and legal rights?
• Who's incompetent in question of failure to uphold the fullest letters of the laws?

Here is the Constitution Article 39, it states "Khmer citizens shall have the right to denounce, make complaints or file claims against any breach of the law by State and social organs or by members of such organs committed during the course of their duties. The settlement of complaints and claims shall reside under the competence of the courts."

Does it not sound progressive and good to the ears?

Probably that's right and why the UNTAC rallies the donors to continue to pour tonnes of cash to the bottomless government of Cambodia.

From the appearance the Svay Rieng court is clearly in violation of citizens Prum Chea and Meas Srey rights. Frivolously it accused the land owners were driven by the political reasons rather than their property losses. In knowing the accused had no way of knowing what the Constitution was saying to them, there was no apparent of proper procedural due process provided to the accused by the court before its ruling delivered. Also because of the poverty, they had no resource and venue to hire reputable lawyers for their defense.

Consider all, may be, that's why it's important for them to report to the member of the Parliament MP Sam Rainsy who was in the area then. In response with the assurance from the MP they had gone to see and to uproot the stakes from the location. Instead of raising the transparency standards and undivided attention to the citizens' outcry, the government manipulated the matter to T.K.O its staunchest critic in opposition.

Nonetheless,the domestic and border land grabbing will remain as a legacy for Loka Hun Sen and his government.Who knows it may even be another reason for the revolution again. The Khmer Rouge used landgrabbing problems at the time as its spring board to launch deadly attacks on Sahachivin Sihanouk government then. May be this time the Karma will have its turn on Loka Hun Sen,himself,for a change.

The government action in planting 6 wooden stakes on the private land without the proper owner consent and knowledge is illegal according to* Article 44," All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall have the right to own land.Legal private ownership shall be protected by law. The right to confiscate possessions from any person shall be exercised only in the public interest as provided for under law and shall require fair and just compensation in advance."

Remember there was no compensation or warning of its action from the Border Affairs. Other word the so called experts just planted the 6 wooden stakes capriciously on someone land. Also note the partial of rice paddies belonged to Khmer nationals with legal private ownership was handed by Loka Svar Kim Hong to Yuon jurisdiction. Furthermore Loka Prime Minster Hun Sen went ahead and solicited Yuon Prime Minister Nguyen Tan Dung to help lynching the fellow patriots. To silence the opposing views, the government alienated and thrown the innocent land owners in prison.

To hide their treacherous intent, the government organs and agents made a political drama episode out of the citizen losses and anguishes for their own gain:

• First the wooden stakes were planted on private land without owners consent and knowledge.
• Secondly, the government had a nerve to twist matter into the national security.

In that obvious, yet the Svay Rieng court was arrogantly disregarding the Constitution and the land owners rights totally.

Unequivocally under any circumstance, for self-respect, the government should and mustn't humiliate and castrate its fellow citizens to please the foreign nations. The duty of government is to be exemplary and protective.

Now in regards to the Opposition inquiry whether Comrades Heng Samrin and Chea Sim letter to Comrade Sihanouk dated 16 November 2009, Loka Hun Sen is in full gear to slander the opposition in pleasing and preventing Loka Sihanouk from telling Hanoi.

It's out of the blue Nguyen Tan Dung wanted to make a visit with Loka Hun Sen after the US Secretary of State visit in Hanoi.Is this something Hanoi must do to close deals with US Intel and to receive a blessing from US in its nuclear endeavour?

Hardly to believe Nguyen Tan Dung can't do Cambodia without Hun Sen, so we shall see the play out shortly. Remeber Pen Sovann might have been a pest to Le Duc Tho personally then but his wife a pure bred of Hanoi elitist circle. Hanoi is not the same as back in the 90's.It's in the mode of low tide ants ate fishes, high tide fishes ate ants. Opposition can tip the scale of power in Cambodia if it plays its cards right.

Most likely sooner than we think the usual canary Hun Sen will have to sing a new song for his usually flip-flopped position i.e Preah Vihear dispute,Thaksin resignation and to be a new found friend of Abhisit.We also know the ASEAN is getting new wind now after Obama visit and soon Cambodia may be blown away by the new wind if its abrasive and insolent leader does not stop being such a jack ass in the world diplomacy.The UN reaffirms its stance on its human rights office in Cambodia that makes Hun Sen to pull out his feet out of his(you know where)quickly.Cambodia needs UN not any other way around since we can remember,so it seems Comrade Hun Sen forgot how hard his days were without UN recognition during the resistance movement.Plus knowing Russia is not too thrilled with Hun Sen ass kissing kow-tow to China as far as its debts in billion dollars have not been repaid yet. Not long Hun Sen can't afford to step on many toes of the UN permanent security council members including his hardly friendly US.

Back to our point according to the Constitution, a citizen can ask for truth from his/her government. At the same time, a citizen needs not to agree with the government action and practice, at all times. Basically the government must be seen as an accountable entity under and must obey the laws as much a citizen will have to.

So far since 1997 coup d'état, the people in the current government show no respect of own citizens basic protection and rights. All of them seem striving to amass more power and buy more weapons to empower their private guards in order to suppress and infringe the majority of the uneducated poor who have no moment to rest but to earn a mean for living in any which way they can. Most don't even know if they had rights as citizens.

In basic rights, the government must warn and fully inform the citizen, ahead and in sufficient time preferably in writing, of its actual intent to access or utilize the private property. The law said, if necessary, it must present compensation in fair value when comes to take away individual's property for common use. Instead of bringing in the culprits naming the Border Experts for questions, the court went ahead to arrest and put citizens in prison without trial.

Such behavior of the government and the court are grotesquely cowardly,indeed.

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*(Loka in Mien means world which it is used as the honorific title to generally address men)