Former Khmer Rouge Leaders ask Court to Release Them

Nuon Chea, former deputy secretary of the Communist Party of Kampuchea, looks on during a joint hearing with other top Khmer Rouge leaders, Khieu Samphan, former head of state, and Ieng Thirith, former social affairs minister, at the court hall of the U.N.-backed genocide tribunal on the outskirts of Phnom Penh, Cambodia, January 31, 2011. (Photo: AP)

Robert Carmichael, VOA
Phnom Penh January 31, 2011

In Cambodia, defense lawyers for three former Khmer Rouge leaders - set to stand trial later this year - called on the international war crimes tribunal in Phnom Penh to release them.

Monday marked the first time that the three former Khmer Rouge leaders have appeared together at the international war crimes tribunal.

Their lawyers asked the court to release them ahead of their trial, which is expected to start later this year.

They told the court their elderly clients had been in pre-trial detention for longer than the tribunal’s rules permitted.

Khmer Rouge suspects seek release ahead of trial

Monday, January 31, 2011
By Suy Se (AFP)

PHNOM PENH — Three top Khmer Rouge leaders made a rare joint appearance before Cambodia's UN-backed war crimes court on Monday to seek release from custody while they await trial for genocide.

"Brother Number Two" Nuon Chea and ex-social affairs minister Ieng Thirith looked frail as they sat in the courtroom with former head of state Khieu Samphan, underscoring fears that not all the defendants, aged 78 to 85, will live to see a verdict.

Along with a fourth accused they face charges of war crimes, crimes against humanity, genocide and related crimes under Cambodian laws in connection with the deaths of up to two million people between 1975 and 1979 from starvation, overwork and execution.

Lawyers for the three called for their "immediate release", claiming their continued detention was illegal because the defendants had not been brought to trial four months after their indictments were issued.

Lawyers for three ex-Khmer Rouge call for their release

Jan 31, 2011
DPA

Phnom Penh - Cambodia's international war crimes tribunal said Monday that it would rule by mid-February on an appeal for provisional release by three aging Khmer Rouge leaders.

Lawyers for the former leaders, who were arrested in 2007, argued that rules governing the court dictated that their clients should be freed immediately to await the trial expected later this year.

They argued an earlier ruling that the four former Khmer Rouge shoul remain in custody breached the court's rules.

Former Khmer Rouge head of state Khieu Samphan addressed the court briefly.

'I have just one suggestion,' he said. 'Please abide by the law.'

Thai-Cambodian border traders call for peace

BURI RAM, Monday 31 January 2011 (Bernama) -- Traders along the Thai-Cambodian border have urged the governments of Thailand and Cambodia to negotiate on resolving ongoing border disputes and open temporary border passes, Thai News Agency reports on Monday.

Traders said that the Ban Kruad Estate market that stands close to the Thai-Cambodian border in Thailand』s Buri Ram province is currently facing sluggish trading as mounting tensions continue over the border between the two adjacent Kingdoms.

With sales recorded at its lowest in a decade, local traders have voiced their fear that persisting tensions will bring even more severe results to the local economy, urging that peace negotiations be held quickly to restore bilateral relations and resume normal trading and communication between the two neighbours.

Likewise, the Ban Klong Luek permanent border pass in Thailand's Aranyaprathet district remains quiet although with the Chinese New Year approaching as both Thais and Cambodians have preferred to stay home due to safety concerns.

Abishit talks about peaceful resolution while raising the specter of war?

PM: War the last option

31/01/2011
Bangkok Post

The government will persist in pursuing peaceful means to settle border disputes with Cambodia, with war the very last option, Prime Minister Abhisit Vejjajiva said on Monday.

"I do believe that both the Thai and Cambodian governments will adhere to peaceful ways to resolve our border conflicts.

"My intention of using peaceful approaches to settle the border dispute does not mean that the government is afraid of a war with Cambodia.

"It is also does not mean that the government is the underdog in dealings with our neighbor, as claimed by the yellow-shirt people group.

"The use of force will be the last option and will be resorted to only when there is no other solution left," Mr Abhisit said.

Thailand demands Cambodia to remove flag [... as well as Wat Keo Sekha Kiri Svarak]

Monday, January 31, 2011
The Nation

Thailand Monday demanded Cambodia to remove the Keo Sikha Kiri Svara Pagoda and Cambodian national flag flying over the pagoda from the border disputed area adjacent to the Hindu temple of Preah Vihear.

The Foreign Ministry issued a statement to maintain its claim that the Buddhism pagoda built by Cambodian since 1998 "is situated on Thai territory."

The statement was issued days after Phnom Penh rejected Thai demand to remove the Cambodian national flag from the pagoda.

Phnom Penh said last Friday that Cambodian national flag is legitimated to fly over the pagoda which is situated in the territory of Cambodia.

Thailand escalates its demand: Wat Keo Sekha Kiri Svarak must be removed in addition to the Khmer flag

Thailand asserts Cambodia will remove flag from Keo Sikha Kiri Svara pagoda

BANGKOK, Jan 31 (MCOT online news) -- Thailand has demanded that Cambodia remove both the Keo Sikha Kiri Svara pagoda and the Cambodian flag flying over the pagoda while reasserting that the pagoda is in Thai territory.

The Thai Ministry of Foreign Affairs on Monday issued a statement asserting that Keo Sikha Kiri Svara pagoda built by Cambodia in 1998 is situated on Thai territory and demanded that the neighbouring country remove both the pagoda and the national flag flying over the pagoda.

The statement said it is a reiteration of the many protests Thailand has submitted regarding Cambodian activities at the pagoda and the surrounding area, all of which constitute violations of the sovereignty and territorial integrity of Thailand.

Drawing upon Humor for Change

By Khmer Democrat, Phnom Penh
We Want Change in Cambodia Series

Worth the 6 minutes! Laughter is good for the soul. And you're inspired along the way.

New Yorker cartoonist Liza Donnelly shares a portfolio of her wise and funny cartoons about modern life -- and talks about how humor can empower women to change the rules.

Leaflets land six in custody

Monday, 31 January 2011
Phak Seangly
The Phnom Penh Post

Six individuals have been arrested on suspicion of distributing anti-government leaflets in Takeo and Phnom Penh provinces.

The suspects allegedly dropped about 80 leaflets early on Friday morning in Chamkarmon and Prampi Makara district in Phnom Penh. The men were arrested in separate instances on Friday and Saturday.

National police spokesman Kirt Chantharith said that police arrested three people in Takeo, Kandal and Kratie provinces, and three in Phnom Penh in connection with leafletting, but did not elaborate on how they identified the suspects.

Leaked CPP-Massachusetts internal report to Hor 5 Hong on the celebration of 07 January in Lowell, Mass.

Click on the report to zoom in

Psssttt ... Want to know who work for the CPP in Massachusetts? Read this leaked CPP report

With the CPP boasting full penetration into the US and large membership, it looks like only 181 Cambodian-Americans in Massachusetts join and work for the CPP. Something to WONDER...

Leaked CPP USA and Canada internal memo

The following internal report by the CPP-USA and Canada was sent to us by an anonymous reader. It details the CPP's expansion plan in the US.

Click on the report to zoom in

Decision of the Inter-Parliamentary Union (IPU) on MP Sam Rainsy on 17 January 2011 Click

Click on the text to zoom in

Coup rumours and crying 'wolf' [in Thailand]

31/01/2011
Opinion
Bangkok Post

Bangkok has, in the past week, been abuzz with the story of a pending coup spread by a couple of rumour-mongers, just as the political temperature has edged up with more street protests. But is there a real threat of a coup against the government at this time?

The Thai military has always seen itself as the sole guardian of the three main pillars – the Nation, the Religion and the Monarchy.

At any time, if the military strongly feels that if any of the three key pillars is threatened, it feels obliged to act to put an end to the threat - which means it believes it can legitimately resort to the use of force, or stage a coup.

In the mindset of many senior Thai military officers, the right to stage a coup in order to protect the three main pillars is as legitimate as the civilians’ right to free expression and freedom of movement.

Top KRouge suspects seek release ahead of trial

Former Khmer Rouge leader "Brother Number Two" Nuon Chea

Monday, January 31, 2011
AFP

PHNOM PENH — Three top Khmer Rouge leaders made a rare joint appearance before Cambodia's UN-backed war crimes court on Monday to seek release from custody while they await trial for genocide.

"Brother Number Two" Nuon Chea and ex-social affairs minister Ieng Thirith looked frail as they sat in the courtroom with former head of state Khieu Samphan, underscoring fears that not all the defendants, aged 78 to 85, will live to see a verdict.

Along with a fourth accused they face charges of war crimes, crimes against humanity, genocide and related crimes under Cambodian laws in connection with the deaths of up to two million people between 1975 and 1979 from starvation, overwork and execution.

Lawyers for the three called for their "immediate release", claiming their continued detention was illegal because the defendants had not been brought to trial four months after their indictments were issued.

Lawyers call for release of three ex-Khmer Rouge leaders

Jan 31, 2011
DPA

Phnom Penh - An international war crimes tribunal in Cambodia Monday heard an appeal by defence lawyers that it release three former leaders of the Khmer Rouge movement ahead of their trial, which is expected to start later this year.

Four former leaders of the movement have been held in pre-trial detention at the UN-backed court, which is based in Phnom Penh.

Lawyers said the rules of the court meant that their clients, who were arrested in 2007, should be released since they had already been held for longer than permitted.

The movement's former head of state, Khieu Samphan, addressed the court briefly, and told the judges he had little to add to his lawyer's submission.

Dizzy Nuon Chea asks to be excused from hearing this morning

Nuon Chea (Photo: Reuters)

31 Jan 2011
Everyday.com.kh
Translated from Khmer by Soch

Nuon Chea, aka Brother No. 2 during the KR regime, left the court room at 10:15AM on Monday morning when he was attending his hearing to request bail. Son Arun, Nuon Chea’s lawyer, told the court that Nuon Chea had a headache and was very dizzy, therefore he could not attend the hearing. 84-year old Nuon Chea asked to get out so that a doctor can check up on him. The hearing for bail request by Nuon Chea, Khieu Samphan and Ieng Thirith was held on Monday morning at 9:30AM. Ieng Thirith left the courtroom a few minutes after the hearing started and she asked that her lawyer take care of her case.

Thailand’s attempt to plant its flag in Ta Moan Thom temple was unsuccesful

31 Jan 2011
Everyday.com.kh
Translated from Khmer by Soch

About 60 Thai black-clad soldiers and paratroopers from Unit 26 stationed near Ta Moan Thom temple pushed forward to the south of the temple, they were all armed and they attempted to plant a flag within the perimeter of the temple in the evening of 27 Jan. However, their attempt was unsuccessful and they retreated back to their base. General Neak Vong, the deputy army chief of staff and commander of Cambodia troops Unit 42, indicated that Thai troops and Thai people planned on planting a Thai flag inside the perimeter of Ta Moan Thom temple, however the Cambodian side learned about it and prevented them. When the Thai soldiers saw armed Cambodian troops in larger number, they asked to negotiate. The Thai commander said that he will help prevent any action that looks suspicious to Khmer troops, and he asked to re-establish the former relationship back.

Tunisia problem cannot happen in Cambodia: Samdach Krom Pruy

Samdach Krom Pruy Ranariddh (Photo: The Phnom Penh Post)

32 Jan 2011
Everyday.com.kh
Translated from Khmer by Soch

Prince Norodom Ranariddh, president of the Norodom Ranariddh Party (NRP), told his supporters in Kratie province on 30 January 2011 that Cambodia can never face what Tunisia is facing because Cambodia is a monarchy and it is a democracy. Therefore, for a regime change, it must be done through democratic means, not by armed forces. Regarding the unification of Funcinpec and the NRP to form Funcinpec 81, Krom Pruy said that it cannot be achieved because Funcinpec continues to reject it.

------------------

KI-Media Note: It looks like the prince did not follow the situation in Tunisia that closely after all, because if he were to do so, he would have learned that the Tunisian dictator was booted by unarmed citizens, not by armed forces. Come on Prince, time to return to bed!

Chinese artists celebrate Spring Festival in Cambodia

January 31, 2011 (Xinhua) - A free concert performed by an art delegation from China's Shanxi University was held on Sunday evening at the Southeast Asia Television (SEATV) and it was live televised across the country.

It's the first Chinese art performance that live-televised in Cambodia.

The concert, featuring musical and cultural shows by Chinese artists, has also been joined by Cambodian artists, who dressed in Chinese costumes and performed in Chinese traditional dances and songs.

Prawit: [Cambodian] Troop deployments not a worry

31/01/2011
Wassana Nanuam
Bangkok Post

[Parwit] said the flag the Cambodians put up at the entrance to the old Kaew Sikha Khiri Sawara temple in the disputed 4.6-square-kilometre area near Preah Vihear temple was actually a temple flag, and it was only a small flag.

Fresh deployments of Cambodian troops and armour along border areas adjoining Si Sak Ket province are not cause for worry, Defence Minister Prawit Wongsuwon said on Monday.

Gen Prawit said Cambodian troops might be on routine defence exercises. Thai solders are also on full alert, ready to protect the country's sovereignty.

Troops of both countries were doing their duty on both sides of the border, and there should not be any problem, he said.

``I believe there are no serious problems on the Thai-Cambodian border.

PAD files suit against four ministers

31/01/2011
Bangkok Post

Yellow-shirt activists went to the Criminal Court on Monday morning and filed a suit against Prime Minister Abhisit Vejjajiva and three other ministers, accusing them of causing Thailand a loss of sovereignty, People's Alliance for Democracy (PAD) spokesman Panthep Puapongpan said.

Mr Panthep said the lawsuit filed by Samdin Lertbutr and Tainae Mungmajon, representatives of the PAD, accused the prime minister, his deputy Suthep Thaugsuban, Foreign Minister Kasit Piromya and Defence Minister Prawit Wongsuwon of violating Articles 119 and 120 of the Criminal Code, for which the maximum penalty is capital punishment.

The spokesman said the four cabinet ministers were responsible for protecting Thailand's sovereignty, but the country had lost some sovereignty to Cambodia.

Mr Samdin and Mr Tainae are two of the seven Thais arrested for illegally entering Cambodia on Dec 29 last year. They were subsequently sentenced to nine months in jail and then released and allowed to return to Thailand.

Congratulations to Greater Dandenong Young Achiever Kalyan Ky!

Young achiever: Kalyan Ky. (Pictures: Ted Kloszynski)

Greater Dandenong honours Kalyan Ky and other key achievers

31 Jan, 2011
BY SARAH O'CONNOR
Great Dandenong Weekly (Australia)

GREATER Dandenong's 2011 Young Achiever of the Year is using her experiences as a refugee to help other young people in the area.

Kalyan Ky, 24, was awarded at the City of Greater Dandenong Australia Day celebration last week along with Citizen of the Year Ruth Hartnett, Good Neighbour of the Year Raymond Johnston and Non-Resident of the Year Barbara Siddall.

Ms Ky's parents left Cambodia as refugees in the late 1980s, first heading to Malaysia, then New Zealand, before settling in Australia about seven years ago.

"Prum Daen Khmer Seam Kamroeuk Chea Thmei" a Poem by Hin Sithan

Brain Food (for the Phnom Penh dictators)

Silence is a crime. Even if the regime continues to bombard us with bullets and tear gas, continues to block Internet access and cut off our mobile phones, we will find ways to get our voices across to the world, to demand freedom and justice.

- Mansoura Ez-Eldin, author

Editorial in The New York Times "Date with a Revolution", January 30, 2011

My Rights, My Responsibility (ICCPR) Series

International Covenant on Civil and Political Rights

Ratified, acceded by UN General Assembly in December 1966, entry into force March 1976. Cambodia ratified the ICCPR (thus, a part of Cambodia’s body of laws) and is obligated to submit regular reports to the United Nations.

Part III

Article 24

1. Every child shall have, without any discrimination as to race, color, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Pesticide poisoning common among farmers, study finds

Jan 31, 2011
By Robert Carmichael
DPA

Phnom Penh - In 2001, Cambodia introduced a law requiring that all pesticides carry labels in Khmer, the local language.

The logic was simple enough: All pesticides were imported and very few farmers could read the instructions. That posed a significant public health risk.

But 10 years on the law is widely ignored, says agronomist and pesticides expert Keam Makarady: Just 30 of more than 800 pesticides carry instructions in Khmer.

'So it is difficult for farmers to know what kind of pesticides they use, and also the direction for (their) safe use,' he says.

The result, as a Danish study has found, is that farmers are being poisoned at work.

My Rights, My Responsibility (Constitution) Series

Constitution of Cambodia (Sept. 1993)

Chapter III

Rights and Responsibilities of Khmer Citizens

Article 49

Every Khmer citizen shall respect the Constitution and laws.

All Khmer citizens shall have the duty to take part in the national reconstruction and to defend the homeland. The duty to defend the country shall be determined by law.

Suthep: Border situation normal

31/01/2011
Bangkok Post

The situation at the Thai-Cambodian border is not worrying and Thai authorities are working hard to get Cambodia to quickly remove its national flag flying over the disputed area near Preah Vihear temple, Deputy Prime Minister in charge of security affairs Suthep Thaugsuban said on Monday.

"There are people making up stories about the border situation, but I assure you that the situation is not tense," Mr Suthep said.

As for Cambodia's refusal to remove its national flag hoisted near Kaew Sikha Khiri Sawara temple in the disputed 4.6-square-kilometre area, Mr Suthep said the Foreign Ministry and the army are dealing with the issue as a matter of urgency.

Another dictator is about to keel: Egypt's Mubarak on the brink, a warning for the Power-Clinger in Phnom Penh

Egypt's Mubarak on the brink; ElBaradei demands 'new era'

Mohammed ElBaradei joined a protest Sunday night and is seen as a leader of Egypt's pro-democracy uprising.

Sunday, 01.30.11

BY HANNAH ALLAM AND SHASHANK BENGALI

McClatchy News Service

CAIRO, Egypt -- Opposition figure Mohammed ElBaradei emerged from house arrest late Sunday to join throngs of protesters in central Cairo, echoing their demand that U.S.-allied President Hosni Mubarak resign and establishing himself as the face of Egypt's six-day pro-democracy uprising.

The dramatic nighttime appearance by ElBaradei -- the Nobel Peace Prize winner who returned to Egypt last week after the protests began -- suddenly placed him at the forefront of a leaderless grassroots revolt that's brought one of the Arab world's longest and most entrenched dictatorships to the brink of collapse.

As the banned Muslim Brotherhood and other Egyptian opposition groups said they'd support ElBaradei in negotiations over a possible new government, President Barack Obama called allies and expressed support for ``an orderly transition to a government that is responsive to the aspirations of the Egyptian people,'' according to a White House statement.

Mubarak's days appeared to be numbered, although the 82-year-old leader showed no obvious signs that he'd give up the office he's held for nearly three decades. F-16 fighter jets buzzed protesters in downtown Cairo in a show of intimidation, while news services reported that the Egyptian army was sending reinforcements and state television said that the police, who have been absent from the streets since Friday, would resume patrols.

Where in the world is Gamal Mubarak? [-Something Hun Manet may learn from?]

Five suspects arrested in the distribution of Anti-Hun Xen leaflets

Click on the article in Khmer to zoom in

29 Jan 2011
CNK-News
Translated from Khmer by Soch

5 suspects arrested in the distribution of leaflets insulting Hun Xen; One SRP activist arrested among the 5.

A group of people suspected of distributing leaflets criticizing and cursing government leaders, in particular Hun Xen, during two consecutive days (27 and 28 Jan) in Battambang province and in Chamcar Mon and 07 Makara districts in Phnom Penh, was arrested by the cops on 29 Jan.

A reliable high-ranking police source revealed that a student at the University of Education was arrested on 29 Jan and he is suspected of being involved in the distribution of leaflets cursing government leaders.

The suspects arrested included: Sin Visal, Pech Saroeun, a SRP commune councilor, and three other people. The source indicated that the five suspects are currently being detained at various locations: Kratie province, Takeo province and Phnom Penh city. The source added that the five will be sent to the Takeo provincial court on 30 January so that they may be legally charged.

"The Anger of Mrs. Dol Chantha" Mrs. Dol Chatha's Speech

Dey Krahorm Land Eviction Victim: Down with Hun Xen

The result of Hun Xen's development: Extreme POVERTY

[Thai] PM orders Cambodian flags to be taken down

Phnom Penh labels demand 'provocative'

31/01/2011
Bangkok Post

Prime Minister Abhisit Vejjajiva is insisting that any Cambodian flag flying above disputed areas must be removed, despite Phnom Penh denouncing the call as "insulting and unacceptable".

The Cambodian Ministry of Foreign Affairs has issued a statement criticising Mr Abhisit's demand, saying the call, in parallel with Thai military exercises last week near the border, was provocative.

Mr Abhisit called for the removal of the Cambodian flags yesterday during his weekly radio and television address.

Cambodia is flying its national flag near Wat Kaew Sikha Khiri Sawara temple in the disputed 4.6-square-kilometre area near Preah Vihear temple.

Mr Abhisit said the area did not belong to Cambodia and ordered the Thai Foreign Affairs Ministry to protest against Cambodia's announcement that he had violated its sovereignty by ordering the removal of the flag.

Cambodia welcomes aid from Japan and China, some are wary

PHNOM PENH, Jan. 30 (AP) - (Kyodo)—Cambodia, one of the least developed countries in Southeast Asia, extends a welcoming hand to economic aid from Japan and China but some analysts in the country are wary of the competitive intent of the nation's two largest aid donors.

Officially, the government hails the two countries as champions of Cambodia's rehabilitation and development through their economic aid program.

Japan has provided about $130 million a year to Cambodia since the early 1990s mostly in the form of grant aid, while China channels its assistance largely through loans.

For years, however, some Cambodians and observers have been curious about the drive behind the Japanese and Chinese aid programs, as neither country imposes preconditions, a sharp contrast with economic aid from the United States and other Western powers that is often tied to human rights and democracy in the recipient countries.

Sacrava's Political Cartoon: Dey Krahorm Land Eviction Victim

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com
and also at http://sacrava.wordpress.com)

Thailand to protest to Cambodia over disputed temple

DAVOS, Switzerland, Jan 30 (MCOT online news) -- Thailand will issue a protest note to Cambodia after the Cambodian government issued a statement condemning Prime Minister Abhisit Vejjajiva for his remarks asking Cambodia to remove its national flag flying at the entrance of a disputed ancient temple which sits on the border, a senior Thai Foreign Affairs Ministry official said Sunday.

Chavanont Intarakomalsut, secretary to the foreign affairs minister, told journalists that the statement issued by the Cambodian foreign ministry charging that Thailand had violated Cambodian integrity and sovereignty would not help provide a conciliatory atmosphere for talks between the two neighbouring countries aimed at resolving the border problem under the Thai-Cambodian Joint Boundary Commission (JBC) framework.

Phnom Penh issued the statement after Mr Abhisit asked the Cambodian government to remove its national flag erected above the entrance of Kaew Sikha Khiri Sawara temple near historic Preah Vihear.

Troops reinforced at tense border

Sunday, 30 January 2011
Cheang Sokha and Thet Sambath
The Phnom Penh Post

Cambodia officials have sent military reinforcements to the border area near Preah Vihear temple in the midst of a public spat with Thai Prime Minister Abhisit Vejjajiva over the removal of Cambodian flags at a nearby pagoda.On Friday, Abhisit requested that the flags be removed from Wat Keo Sekha Kirisvara, adjacent to the temple, a plea that came amid reports of a Thai plan to hold military exercises close to Preah Vihear.

Srey Doek, commander of Royal Cambodian Armed Forces Military Division 3 at the border, said additional personnel, tanks and heavy artillery had been dispatched to the border on Friday in response to the exercises.

“They [Thai troops] are doing maneuvers and we are also doing them – that is why we need to send tanks and other weapons to the border,” Srey Doek said. “Our armed forces are on alert.”

[Thai] Protest to be lodged over flag

January 31, 2011
The Nation

Preah Vihear tense after influx of Cambodian troops

The government will flex its muscles for the protesting yellow shirts from the People's Alliance for Democracy (PAD) to show it will protect land in disputed border areas. It plans to issue a statement of protest against Cambodia.

Prime Minister Abhisit Vejjajiva has instructed the Foreign Ministry to issue a protest, because Phnom Penh has refused to remove its national flag from the disputed area adjacent to the Hindu temple at Preah Vihear, the ministry spokesman Thani Thongpakdi said.

"Concerned officials are working on it and we could issue the statement soon," he said. Abhisit said last week that Cambodia had no right to fly its national flag at Wat Keo Sikkha Kiri Svara temple as Thailand also claimed territorial rights to the area.