US Rights Report Sees Concern in NGO Law

United States' Michael Posner, right, Assistant Secretary of State for Democracy Human Rights and Labor, and United States' Esther Brimmer, left, Assistant Secretary of State for International Organizations Affairs, attend a press conference after the Universal Periodic Review (UPR) on the United States of America of the Human Rights Council at the European headquarters of the United Nations in Geneva, Switzerland, Friday, Nov. 5, 2010. (Photo: AP)

Men Kimseng, VOA Khmer
Washington, DC Tuesday, 12 April 2011

“It is, to me, in some ways emblematic of this trend that I talked about, where governments are not happy with their critics, and so they decide to make it difficult or impossible for them to operate.”

The US issued its annual Human Rights Report last week, voicing concern among other things about an impending law to regulate NGOs.

US Assistant Secretary of State Michael Posner told reporters in Washington on Friday the law will make it harder for civil society to operate and could run counter to the nation’s constitution.

Cambodia is among some 90 other countries that have adopted laws or regulations that will potentially curtail rights of civic organizations, he said.

“It is, to me, in some ways emblematic of this trend that I talked about, where governments are not happy with their critics, and so they decide to make it difficult or impossible for them to operate,” he said at the release of the report.

The right to remain silent

WEDNESDAY, 16 MARCH 2011
OU VIRAK
Letter to The Phnom Penh Post

“I used to write 100 percent of the truth, but I’ve reduced it to about 30 percent.” - Cambodian journalist Tes Vibol

I write in response to the observations of Roger Mitton in his article dated the March 14 (“No press freedom leads to no freedom whatsoever”), which dealt with the issue of continued restrictions on the freedom of the press in Southeast Asia and which provided the opportunity to discuss the perilous state of journalistic freedom in Cambodia.

Journalism appears to be a safer profession in Cambodia than in previous years; the last murder of a journalist was that of Khim Sambo three years ago, bringing the total to 11 journalists killed over a 15-year period. Nevertheless, the situation of freedom of the press is deteriorating with the government and aligned forces controlling the media and punishing the remaining few journalists who report on issues that run contrary to the interests of the government or which contain criticisms of policy, actions or omissions on its part.

Since the last general election in 2008, the legal system has been working quietly and diligently silencing journalists and others who speak out in criticism of the government. The Club of Cambodian Journalists has reported that for the period of May 3, 2009, to May 3, 2010, 24 journalists were arrested and 10 were sued by members of the government or its inner circle, eight more than in 2008, with two being jailed for disinformation.

Cambodia 'tears up freedom to muffle dissent'

DICTATOR Hun Xen and his henchmen

Sunday, January 30, 2011
By Michelle Fitzpatrick (AFP)

PHNOM PENH — The Cambodian government is choking freedoms and locking up detractors in an increasingly bold effort to silence critics as elections loom, observers say.

Prime Minister Hun Sen, 59, who has vowed to remain in power until he is 90, recently said on national radio that his aim was "not just to weaken the opposition, but to make it die".

The comment was the latest in a string of outbursts against critics, prompting fears that freedoms are under threat as the government looks ahead to local polls next year and a general election in 2013.

"The space for dissent has shrunk to the point where people are gasping for air," said Mathieu Pellerin of local rights group Licadho.

"Vast areas of political debate have been effectively declared off-limits. The most minor venture into these fenced-off topics can bring the authorities' wrath, whether you are a prominent politician or an anonymous village farmer."

Outspoken opposition leader Sam Rainsy, who lives in self-imposed exile, has been sentenced in absentia to 12 years in jail over two cases related to border issues with Vietnam.

If the sentences are upheld, he will be unable to challenge Hun Sen's ruling Cambodian People's Party (CPP) in the 2013 poll.

"The CPP is preparing for the next election, that much is clear," said a Cambodia-based Western expert, on the condition of anonymity.

Gov’t critics receives death threat

Pen Puthsphea under government persecution?

05 August 2010
By Yun Samien
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

Pen Puthsphea, a reporter for the SRP’s Candle Light program and a young author who penned and published 2 books on general knowledge exam topics, fled for his personal safety.

The SRP announced on Thursday 05 August that Pen Puthsphea, a reporter for the SRP’s Candle Light program and author of books banned and confiscated by the minister of Education last July, is currently fleeing to a safe location after he received death threat warning over the phone by anonymous caller on 19 July.

Kampot SRP MP Mu Sochua told RFA on Thursday that Pen Puthsphea is currently in hidhing due to concerns over his safety after he received death threat. She said that the phone caller warned Pen Puthsphea against continuing his work.

She added that the threat and the confiscation of Pen Puthsphea’s book is a suppression of the freedom of expression in Cambodia.

The ministry of Education pointed out a section in the book that does not contain “appropriate” meaning such the following question: “In the future, will Cambodia be developed or not?”, as well as this other question: “What do you think about human rights issue in Cambodia?” The reply to the first question in the book includes: “The government cannot lead the country to prosperity due to corruption.”

The communiqué issued by the SRP indicated that Pen Puthsphea, “[a]s a reporter for
the opposition party, he is constantly under the government surveillance in order to intimidate and suppress the freedom of speech that publishes by the opposition party.”

A vendor of Pen Puthsphea’s book who declined to provide her name, indicated that the authority prevented her from continuing to sell Pen Puthsphea’s book anymore, otherwise she will face problem. She said the book sells for 1,000 riels ($0.25) each.

Khieu Sopheak, the mouthpiece of ministry of Interior, told RFA on Thursday that the authority did not receive any complaint from the opposition yet regarding this threat from the unknown person. He asked that the opposition cooperates with the authority to find the culprit.

In the past, the government arrested Tieng Narith, a former political university professor, and jailed him for 2 years in 2007 after he authored a book criticizing the government and Hun Xen, as well as other high-ranking government officials. That book which was published in 2006 and 2007, accused Hun Xen of being behind the 1997 grenade attack.

CAMBODIA: "Facing Sen's Autocracy: Democrats Hang Together or Hang Separately"

Author Pen Puthsphea

Excerpts from Pen Puthsphea's books

FOR PUBLICATION
AHRC-ETC-002-2010
August 4, 2010

An article by Dr. Gaffar Peang-Meth published by the Asian Human Rights Commission

Dr. Gaffar Peang-Meth

American civil rights icon Martin Luther King said, "The function of education is to teach one to think intensively and to think critically." A man’s thinking is comprised of both a creative component and a critical one. Through creativity he imagines and produces. Through critical evaluation, he assesses the outcomes.

King also said, "Nothing pains some people more than having to think."

"It's Angkar, Stupid!"

Last month, Cambodian premier Hun Sen's autocratic regime decided that two general reading textbooks, in question-answer format, used by students across Cambodia since 2006, are critical of him and his ruling Cambodian People's Party: They must be removed from circulation immediately.

One question in the books deemed critical and offensive, asked if Cambodia would be able to develop in the future. Pen Puthspea, the author, suggested in an answer that Cambodia cannot develop in the future because "corruption exists from the top level down to the low level of government, and law enforcement and human rights practices are still below zero."

Puthsphea thought he was doing a good thing by offering students food for thought. "I suggested an answer based on real situation; I provided the pros and cons."

Khmer university students agreed, the books helped them to think, and they will miss reading such thought provoking books. Youth Resource Development Program head Cheang Sokha told a mid-July Voice of America's call-in show, "Cambodia’s higher education system has failed to address a lack of critical-thinking and problem-solving curricula among university students"; and 'student-centered' approaches exist on paper only within higher education."

"If we want to see a society’s fate, we look at how young people's education is invested in," he said. "Now look at the way our current education system invests in young people. How can we hope that our society will have a good fate?"

Puthsphea told Radio Free Asia he received telephoned death threats related to the textbook content.

Thinking is anathema to Sen's autocratic regime.

When citizens think, they see how autocrats' rule has kept them in poverty and ignorance, and they aren't going to like that. Autocrats don't want their rule to be questioned. Intellectuals and dictators don't generally see things eye to eye. Intellectuals don't stop asking questions that put concerned individuals before a vast panorama of possible alternatives from which to choose. Intellectuals shake the status quo, and disturb citizens' sleepy consciences.

Recall Pol Pot's Khmer Rouge who distrusted and killed anyone wearing glasses; and the policy from that era that equated "incorrect thinking" with a "tbaung chawb" (hoe blade)--used to strike the necks of those with "incorrect thinking." The Khmer Rouge said, "Keeping them brings no gain; taking them out brings no loss." More than 2 million people died. "It's Angkar, Stupid!"

Many in the current regime who removed books, were Pol Pot's ranking figures.

The Future?

Recently, an old friend from the Khmer royalist movement sent me two links, which anyone interested in Cambodia must see. You can Google reporter Benoit Bringer's “Cambodge: Les enfants de la decharge” (Cambodia: The Children of the Garbage Dump) and watch a five minute video, or see his gallery of 17 photos of how the poor and powerless survive at Stung Mean Chey dumping site at http://reportagesphotos.fr/G1823-actualite-les-enfants-de-la-decharge-de-phnom-penh.html

Now, Google and read Andrew Marshall's report, titled "Khmer Riche," published in the Sydney Morning Herald on January 12 (I wrote on this in my Jan. 27 "Cambodia today is a country for sale").

Bringer notes that of more than 30 percent of the population who live below poverty line many scavenge the public garbage dump to survive. Marshall describes "rich kids" who can spend ",000 on drinks in a single night" and whose parents' "newly built neoclassical mansions (are) so large that (Phnom Penh's) old French architecture looks like Lego by comparison." What does this tell us of Cambodia’s future?

It's a forecast of an abyss that lies ahead.

It is ironic that in July 2010, those nations that crafted the 1991 Paris Peace Accords on Cambodia, intended to ensure that human rights abuses would not occur, gathered again and bemoaned the deterioration of human rights and free expression in Cambodia.

Cambodian civil rights activists decry the lack of international pressure on the Hun Sen government to live up to the letter and spirit of the Paris Accords. One of those activists is Mu Sochua, who was stripped of parliamentary immunity and threatened with imprisonment because she demanded justice. While the country's ruler mauled her, foreign donors awarded .1 billion in development aid, and the United States bestowed upon Sen's abusive military the honor to host the region's largest peacekeeping military exercise.

Only United Nations High Commissioner for Human Rights Navi Pillay expressed "serious concern" on July 13, over Sen's "highly politicized" court case against Sochua as "an alarming erosion of both freedom of expression and the independence of the judiciary in Cambodia." Pillay's spokesman, Colville was blunt: Sen's courts provided "no evidence to show either damage to reputation or malicious intent" by Sochua.

Cambodian government spokesman Phay Siphan's dismissal of Pillay's and Colville's remarks as a "personal view that does not reflect the reality of Cambodia," confirmed the Sen regime's philosophy. The international community can think and say what it will. It is actions, in the form of the the .1 billion and the peacekeeping honor, are what matter.

As an email to me from one of Sen's officers reads: "Dogs continue to bark, but the oxcart continues its trip forward." Towards an abyss?

In the Khmer folktale "A Chey," this anti-establishment revolutionary boy, known as Thnenh Chey, who was arrested and taken to the king by boat for punishment, came up with a scheme to escape: He whispered to soldiers on the boat that when they saw him falling into the water they should cheer: "A Chey thleak toek, Hey Oeur, Hey Oeur!" ("A Chey falls into the water, Hallelujah! Hallelujah!") The boy then jumped off the boat and swam away to the chorus Hallelujah!

Cambodian Democrats are on their own

In the final analysis, Cambodian democrats and rights activists must never forget that a government's foreign policy action is determined by what its (elected) leaders define as the country's national interest. Cambodians can bemoan the world's inaction, but must accept that they are on their own in their fight for their freedom and human rights.

However much Sen's autocracy is disliked, the world's governments are not going to exchange the devil they know, and can do business with, with the devil they don't know.

Until Cambodians who oppose Sen's autocracy demonstrate a credible and viable alternative to the Sen regime, the latter is likely to remain in power for years to come, as Sen said he will. The contemporary Khmer "sheep culture" of blind obedience to power and authority, and of unquestioning loyalty and subservience, is not helpful.

The Dalai Lama said, "All human beings, whatever their cultural or historical background, suffer when they are intimidated, imprisoned or tortured . . . it is the inherent nature of all human beings to yearn for freedom, equality and dignity, and they have an equal right to achieve that."

A truth stipulated in the preamble of the 1948 Universal Declaration of Human Rights warns: "it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law."

While the international community should be interested in a peaceful and stable world through the maintenance of rule of law, human rights and free expressions, in Cambodia, Cambodians opposed to autocracy would do well to heed Benjamin Franklin's "We must all hang together or assuredly we shall all hang separately."

The views shared in this article do not necessarily reflect those of the AHRC, and the AHRC takes no responsibility for them.
----------
About the Author:

Dr. Gaffar Peang-Meth is retired from the University of Guam, where he taught political science for 13 years. He currently lives in the United States. He can be contacted at peangmeth@gmail.com.

# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

Pen Puthsphea go into hiding after being accused of criticizing the gov't and after receiving death threat

Pen Puthsphea
Pen Puthsphea's General Knowledge book

Mr. Pen Puthsphea, author General Knowledge Book is hiding in safety after he received a death threat phone call from unknown assailant on July 19, 2010.

On July 5, 2010, the Ministry of Education of Cambodia issued a letter to the Ministry of Information to confiscate two of his books published in 2006 call General Knowledge. The letter pointed out that the book general knowledge volume I (Published on 1 January 2006) page 146 and 147, and book general knowledge volume II (published on 2 December 2006) page 100 and 101 were political propaganda where the author dare to criticize the government.

The Ministry ordered the authority to confiscate all the books and warned publisher not to print any more book.

Mr. Pen Puthsphea, currently is a reporter for the Sam Rainsy Party’s Radio program called the Candle Light Radio program. As a reporter for the opposition party, he is constantly under the government surveillance in order to intimidate and suppress the freedom of speech that publishes by the opposition party.

Ban Text Books Not Constitutional: Op-Ed by Kok Sap

15/7/2010
Op-Ed by Kok Sap
Orginally poted at http://khamerlogue.wordpress.com/

On 14/7/2010 the news said Mr. Im Sethy, the Education Minister, issued order to ban the general knowledge textbooks authored by Pen Puthsphea because they contain "unsuitable" materials deemed critical to Hun Sen, the government leader, such as, "In the near future, will Cambodia be able to develop? Why?" and, "What do you think of the practice of human rights and freedom in Cambodian society?"

The answer to the first question reads: "The government which is currently led by Prime Minister Hun Sen will not be able to lead Cambodia towards progress in the near future because corruption occurs from the top level of the government down to the local level, and law enforcement and the practice of human rights are still below zero."

It appears the textbooks questions and answers seem inadequately constituting a false statement or threat to national security. More than likely they are in the frame of the constitutionality (see reference). The minister's action clearly shows that Cambodia under Mr.Hun Sen personal cult influence soon it will have a full blown authoritarian regime. It's a sure thing to happen as soon as Heng Samrin or Chea Sim and Sihanouk are out of the picture.

So does it deem appropriate for citizens to speak truth about the government inability or flaws? According to the Constitution (see reference) people can criticize or denounce or file complaint against their government.

In the developed countries, it is the understanding that criticism comes with the public service job and elected offices. Hun Sen has been appointed in 1985 then after 1993 before got elected by the voters to the same job for the last 12 years. However that does not mean he is effective in leading. According to old Kung Fu Tzu says," a leader must himself be correct. If he shows correctness, who will dare not to be correct?" In other word it takes one to be one.

The argument could also be thrown in why does he not stop the corruption all these years? The people know the government at all levels are corrupted; therefore, the author's views are reflective the truth in the current government conducts.

Since 1993, billions of dollars in donations poured in Cambodia government coffer to reduce poverty, maintain and rehabilitate the nation necessities. But the majority of people still barely survive on less than $0.50 a day standard. Also the prevalence of authoritarianism and corruption in government is too profane that spared no criticism from the UN Human Rights Council, the World Bank and International Monetary Funds. They all agree Cambodia government lacks good will to ensure good governance, transparency and accountability.

As far as the textbook materials concerned, probably Mr.Hun Sen would agree no less that he, himself, hears threats and critics from donors at each annual consultative conference. Also the author raised the questions which may have nothing to do with Mr. Hun Sen in personal but they are more in tunes with his triangular and rectangular policy deficiencies and oversights. As usual in old saying," Is there no smoke unless must there be no fire" as otherwise the donors would not insist on Cambodia to hurry in passing the anti-corruption and land laws.

The author said his books have been in the market since 2006 but why now the education minister wants them pulled from the student interests. Undoubtedly there must be a brownie point for Mr. Im Sethy to score and please Mr. Hun Sen. His action is an infringement of the constitutional relevance.

Not long ago Mr.Khieu Kannharith, himself, was accused of violating the international copy rights protection that landed him in legal battle with the original novel 'Shogun' publisher. But Cambodia government said nothing to that. In effect Mr.Khieu Kanharith isn't so clean and ideal leader to preach laws. Herewith the author shall challenge both co-conspirators, Im Sethy and Khieu Kanharith, for violation of the constitutionality in the court of laws.

Laterally Mr. Im Sethy should acknowledge and be more diligent in straightening out his subordinates as government employed educators or instructors to stop extorting money and bribery from students. It is plain wrong and corruptive. In such regard he should support and encourage the young students to take part and assist the regime to fight corruption.

This is to say that Mr. Hun Sen aware of his own inability to progress the country without more donations. Also he must know it takes more than he to eradicate corruption in Cambodia. In the best interest of the nation, Mr. Hun Sen and his government shall embrace the democratic growth of free expression and praise the courageous ones who exercise their rights to educate Cambodia future generations to do the right thing for the country sake.

Reference:

The 1993 Constitution- Article 39 says," 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."

Article 41 also says," Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security. The regime of the media shall be determined by law."

Article 65 says, "The State shall protect and upgrade citizens' rights to quality education at all levels and shall take necessary steps for equality education to reach all citizens. The State shall respect physical education and sports for the welfare of all Khmer citizens."

On the ban of books deemed critical to Strongman Hun Xen ... read on KI-Media

Friday, July 16, 2010
Opinion by X-Men, and Anonymous KI-Media Reader

Books are a compilation of personal experiences good and bad, thus in the free world these personal experiences help shape the future so one may prevent such reoccurrences in one's nation or country. Should students become limited with their search for the truth then knowledge itself has been kept away from what will be told. This behavior is not a good way for anyone, not to mention the country. I think the reason why free speech is not allowed in a country such as Cambodia is because of enormous wealth to be discovered and to be made. When people are free to speak and to offer their opinions which translates that the government itself is not doing an exceptional job thus it will lead to a replacement of the government itself. And when those who are at the top of the food chain seem that the public have intervened it will become a huge problem for them. When it becomes a problem to them it means that their personal interests have become inconvenienced. Knowledge also means wealth. The more you know the more you earn the less you know the less you earn. Because of this simple expression the government prefers to keep the public at a distant path of knowledge, thus it leads to a very minimum of personal expressions. Education is the key to solve many problems because it is human that creates all of these problems among themselves. Those who have power want more power while those who have less power also want more power as well. Having said that, I urge the government to really encourage people to speak more based on the actuality of the reality and not based on defamation and accusations. When we learn to criticize anyone we must have everything in our perspective before we begin to judge and vice-versa. In addition, I urge the Ministry of Information (MoI) to focus on what they can do to work with the public working together in reshaping Cambodia into a better place and less focus on trivial issues. We are still facing with many great challenges ahead in the coming years, thus the MoI should learn to accept that some criticisms might actually do some good for their future growth and not just fear and be intimidated by what is meant to be well thought expression and not just a lousy worrysome over some odd trivial opinions.

Hope to speak again soon.

X-Men

Textbook ban ignites debate

Sovann Khema, 20
National University of Management
“The Information Ministry seizing the book makes me lack general knowledge that relates to Cambodian social issues. They have forbidden the students from knowing this vital information.”

Sal Som, 25
Royal University of Law and Economics
“People have the right to gain knowledge through books or media. The authors have the right to criticise all points about the reality of society, and literature is a mirror of society. If the state has done this, then it seems they have banned the right to know.”

Chheoun Lav, 22

Build Bright University
“In a democratic country, the right to get information is very important to every single person, because this information helps people understand what our society is.”

Thursday, 15 July 2010
Kim Yuthana and Cameron Wells
The Phnom Penh Post

OBSERVERS yesterday criticised Education Minister Im Sethy’s move to ban two study books he said featured unsuitable “political” content, describing it as evidence of the government’s unwillingness to permit discussion of sensitive topics.

Meanwhile, several vendors in Phnom Penh said police and officials had recently pulled the books from their shelves or purchased all the copies in stock, and that they had also warned against selling the volumes.

In a letter to Information Minister Khieu Kanharith dated July 5, Im Sethy requested that the two general knowledge textbooks, produced by Cambodian author Pen Puthsphea for exam preparation, be banned because of apparent criticisms of Prime Minister Hun Sen and the ruling Cambodian People’s Party.

He said the ministry had discovered “unsuitable” passages on pages 146 and 147 of one book and on pages 100 and 101 of the second.

According to photocopies of the offending paragraphs enclosed with the letter, the first textbook asks questions such as, “In the near future, will Cambodia be able to develop? Why?”, and “What do you think of the practice of human rights and freedom in Cambodian society?”

The book’s answer to the first question is: “The government which is currently led by Prime Minister Hun Sen will not be able to lead Cambodia towards progress in the near future because corruption occurs from the top level of the government down to the local level, and law enforcement and the practice of human rights are still below zero.”

Pen Puthsphea said Tuesday that he had intended to highlight “both pro and con ideas” rather than criticise the government.

Ly Neang, owner of a newsstand near the National Institute of Education, said local authorities last week purchased all the copies of the books in her stock, and warned her against selling any more volumes written by Pen Puthsphea. “The authorities told me that they will confiscate the books if I continue to sell them,” she said.

Im Sethy could not be reached for comment yesterday.

But Sam Rainsy Party spokesman Yim Sovann said yesterday that the banning of the books highlighted an authoritarian streak within the government.

“It is only two books, but it shows the government wants to limit the freedom of the Cambodian people to build democracy,” he said.

“It’s a totally communist country, a totally authoritarian country. Opinion is not tolerated in this society.”

Ouch Leng, a land programme officer for the rights group Adhoc, said students stood to learn a lot from such books.

“I think it is better that governments of all countries recognise their good and bad points that are collected and compiled by authors,” he said.

Moeun Chhean Nariddh, director of the Cambodian Institute for Media Studies, said the passages that make reference to corruption could prevent students from repeating “the same mistakes” in the future.

“The passages referring to corruption are a very important tool to learn, so that students can also contribute to fighting corruption,” he said.

“There are corruption cases involving teachers trying to demand money from students. The students need to learn about corruption. If teachers demand money from the students, how will the students know that this is corruption?”

But Hang Chhaya, executive director of the Khmer Institute for Democracy, questioned whether opinions about the government’s merits and deficiencies should be included in school materials.

“I’m not sure why [corruption] needs to be taught in this way,” he said.

“Students are much better learning about the history, and learning about corruption from that. If I was a student at that age, if someone has an opinion, it can take away from teacher’s teaching.”

Opposition Editor Apologizes After Government Complaint

Cambodian Buddhist monks read a popular opposition newspapers, called Khmer Machas Srok. (Photo: AP)

Sok Khemara, VOA Khmer
Washington, DC Thursday, 15 July 2010

Ou Virak, director of the Cambodian Center for Human Rights, said the complaint was another move toward the elimination of opposition newspapers and a threat to press freedoms.

“Without opposition newspapers, people will not receive full information,” he said.

The editor of a small opposition newspaper says he has apologized to the government for a story he ran on the anniversary of the July 1997 coup, after the Ministry of Information moved to legal action against him.

“I have decided to make a correction, which means publishing a full letter from the Minister of Information Khieu Kanharith and an apology,” Bun Tha, who publishes the Khmer Amata newspaper, said Thursday.

He will apologize for the use of the word “coup” and for a reference to the Vietnamese “installment” of the government, Bun Tha said.

In a letter dated July 12, Information Minister Khieu Kanharith, a member of the ruling Cambodian People’s Party, requested the court to take legal action for disinformation, claiming the article could confuse the public and was published to destroy the efforts of government leaders to protect the country.

Bun Tha said earlier he had been afraid for his safety after the ministry letter.

“I have a feeling of being worried about my personal safety, because such a complaint is from the government, not from an individual,” Bun Tha told VOA Khmer.

Cambodia’s courts have come under increased scrutiny of politicization in recent months. The head of the UN’s human rights office said in Geneva this week she was concerned a court case against Sam Rainsy Party lawmaker Mu Sochua demonstrated diminished freedoms and judicial rights.

Khmer Amata is a little-known newspaper that was once aligned with Prince Norodom Ranariddh, when he ran the coalition royalist party Funcinpec. Earlier this month, the newspaper ran a story to mark the July 5 anniversary of the 1997 coup, in which the CPP seized power from Funcinpec in two days of bloody fighting.

Ou Virak, director of the Cambodian Center for Human Rights, said the complaint was another move toward the elimination of opposition newspapers and a threat to press freedoms.

“Without opposition newspapers, people will not receive full information,” he said.

The ministry letter comes at a time when the opposition press has dwindled significantly in the face of court action. Cambodia’s media environment this year was ranked “not free” by the international monitor Freedom House.

Cambodian lawmaker refuses to pay for defaming PM

2010-07-15
By SOPHENG CHEANG
Associated Press

A Cambodian opposition lawmaker convicted of defaming the country's prime minister has refused to pay a court-ordered fine, though her defiance could land her in prison.

Phnom Penh Municipal Court ordered Mu Sochua of the Sam Rainsy Party to pay 8.5 million riel ($2,000) to the state and another 8 million riel ($1,882) in compensation to Prime Minister Hun Sen, following her conviction last August. The deadline was Thursday, but no action was immediately taken against her.

Mu Sochua insisted she would not pay the money, and was prepared to go to prison, for what could be up to six months. She claims the court's ruling was politically motivated.

Government and judicial officials were unavailable for comment Thursday, though they deny the courts are under political influence.

The case is one of a series Hun Sen's government has filed to intimidate critics in the opposition and the press. After Mu Sochua's conviction, the New York-based based group Human Rights Watch said the prime minister had "a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession."

On Wednesday, the U.N. expressed concern about the proceedings.

"We believe this highly politicized case appears to show an alarming erosion of both freedom of expression and the independence of the judiciary in Cambodia," said Rupert Colville, a spokesman for U.N. High Commissioner for Human Rights Navi Pillay.

The case against Mu Sochua was filed after she attempted to sue the prime minister for defamation, after he used offensive language in what appeared to be a reference to her in two speeches. Her suit was dropped by the court, which ruled it groundless.

Speaking to reporters at her party headquarters in the capital Phnom Penh, Mu Sochua said she didn't fear being arrested.

"I have vowed that I would not pay compensation, and I am ready to go to prison," she said. "I have done nothing wrong. I did not do any thing that violated the law."

Kok Sap's Commentary: NOT Acceptable, Hun Sen Abuses UN

(Photos: The Phnom Penh Post)

22/6/2010
By Kok Sap
Originally posted at http://khamerlogue.wordpress.com/

All know the UN Human Rights Envoy meeting appointment is planned and scheduled ahead and in plenty of time. For the unexplained reason Hun Sen canceled it at the last minute. For normal business behavior, either the meeting will be rescheduled or carried on as planned with an alternative attendant. But to the surprise, with ten deputy prime ministers on duty yet Hun Sen can't delegate one to attend the meeting for him. For Hun Sen usual misinformed habit, the mishandling appointment is unimportant and an irritation to him. But in real world it reflects the national leader image and unreliability. For that alone it's an embarrassment for the entire nation.

In honesty, Surya Subedi can be Hun Sen helpful ally and personal messenger to the world diplomacy and UN General Secretary office. Unfortunately Hun Sen wrongly takes it personal in misinterpreting Surya Subedi statement to the press as disappointed for unable to meet with the Cambodia owner. It's opportune for Hun Sen to rattle on someone of his unchecked and crude remarks to impress the stupid ones. Apparently he can't see how important to delicately and discretely handle his personal crisis. This man loves to hear his own voice on stage,all the times.

To the dismay, Hun Sen shall apologize for his own shortcomings and inability to delegate an able deputy to welcome and meet with UN Envoy to ask for reschedule. In the educated society, Hun Sen behavior leaves room for bad impression and misinterpretation that Cambodia leader is seriously lack of competence and diplomatic cordiality.

In 1991 Paris Peace Accord stipulates UN Secretariat will monitor and report Cambodia human rights to the UN mission and its appropriate council. It is made UN responsibility to ensure the annual report be as accurate and transparent on Cambodia human rights. However, as one of the signatories Hun Sen seems to show his unbecoming and uncooperative nature as the Cambodia leader and lawful UN member.

Obviously the responsibility is not entirely on Hun Sen alone. To the observers, Cambodia legislative and judiciary shall bear the burden and responsibility to the nation image and representation. In this episode, the national assembly is totally unaccounted for its role to scrutinize and call on Hun Sen improper official action. Worst, Hun Sen incessant quarrel and insolences toward the previous UN human rights envoys seemed escaping the national assembly attention span and responsibility. Hun Sen has become a fixture of the Cambodian government incompetence and incivility.

Past records show often Hun Sen has been personally rude and confrontational to the volunteered UN human rights officials whose mission was to look out for Cambodia citizen interests. Conclusively in spite of time in premier office and role Hun Sen remains not an ideal advocate and voice in modern world diplomacy for the weak and poor Cambodia. The national assembly needs to reflect and uses its spine to stop Hun Sen from dehumanizing Cambodia.

In all, yet the national assembly must not allow Hun Sen to deprecate Cambodia honor and dignity when his personal is inconvenient to his duty. To the outside world it appears Cambodia has not many people who can lead the nation in decency and dignity. In that notion, if the national assembly does not correct Hun Sen habitual abuse of power and defeatism then it is a mere rubber stamp for a handsome compensation paid by donors. It is an insult and unacceptable to the nation and human intelligence in allowing an inferior and defeatist mentality like Hun Sen to stay in power and above the law too long.

Sacrava's Political Cartoon: The Sick Xmer Prime Minister

Cartoons by Sacrava (on the web at http://sacrava.blogspot.com)

“We are not ignorant to the problems that devastate the country” ... it's just that we don't want to do anything about them: Hoon Xhen

An irate Hun Xen (Photo: Sovannara, RFI)

Hun Sen Angered by UN Envoy’s Remarks

Chun Sakada, VOA Khmer
Phnom Penh Monday, 21 June 2010

“I did not escape the meeting with [Subedi],” Hun Sen said. “I had no other reason other than my own health problems, which caused an abrupt cancellation of the meeting.”

Prime Minister Hun Sen on Monday lashed out at the UN’s human rights envoy, who said last week he was “disappointed” he was not able to meet Hun Sen during a fact-finding mission this month.

The UN special rapporteur on human rights, Subya Subedi, gave a scathing review of Cambodia’s courts following his 10-day investigation, during which his appointment with Hun Sen was canceled.

Hun Sen said in a speech Monday he had been unable to meet because of a health problem, and he said the diplomatic word “disappointed” was disrespectful and could hurt future visits.

“I am very sorry that Surya P. Subedi used the word ‘disappointed’ for not meeting me,” Hun Sen said. “I think the word lacks the respect for the owner of the country and the leader of Cambodia, which has independence and sovereignty, and [the word] could also be looking down on Cambodians who voted for the [ruling Cambodian People’s Party], through the National Assembly, and for Hun Sen to become prime minister.”

Hun Sen has traditionally had a prickly relationship with UN rights envoys, and he cut off meetings entirely with Subedi’s predecessor, Yash Ghai, who was heavily critical of Cambodia’s human rights record.

“I did not escape the meeting with [Subedi],” Hun Sen said. “I had no other reason other than my own health problems, which caused an abrupt cancellation of the meeting.”

Subedi said last week he was not confident the courts could bring justice to the people of Cambodia. Subedi met with Foreign Minister Hor Namhong and senior government adviser Om Yentieng and will submit detailed recommendations to the UN’s Human Rights Council in September.

In his speech Monday, Hun Sen also took issue with Subedi’s assessment of the courts, which the envoy said lacked the resources, organization and willingness on the part of some judges to “command the confidence of the people.”

“We are not ignorant to the problems that devastate the country,” Hun Sen said. “You [Subedi], do not try to break through the door when the door is open, and don’t tell me that rain is falling when I’m standing under the rain.”

Cambodia courts inadequate to give justice to poor: U.N.

Thu, Jun 17 2010
Prak Chan Thul

"My position as an international lawyer, nobody should be sent to prison for exercising freedom of expression" - Surya Subedi

PHNOM PENH (Reuters) - Cambodia must bolster the independence of its judiciary to ensure it can provide justice for all, including the poor who often appear to have little chance of legal redress, a U.N. rights official said on Thursday.

Cambodia has for years been rebuilding its institutions after decades of conflict and turmoil, including the Khmer Rouge "Killing Fields" rule, but its judiciary remains weak and prone to interference, critics say.

Surya Subedi, United Nations Special Rapporteur for human rights in Cambodia, said he was troubled by disputes over land and, in a reference to the government's tough stand on dissent, what he described as a narrowing of political space for debate.

"I call on the Royal Government of Cambodia to introduce appropriate measures to enhance the independence and capacity of the judiciary to enable it to function as an institution capable of providing justice to all," Subedi told a news conference at the end of a 10-day fact-finding visit.

In a drive to attract foreign investment, Cambodia has awarded big concessions to companies, most from China, Vietnam and South Korea, to run mines, power plants, farms and plantations for sugar, rice and rubber.

But non-governmental groups and opposition politicians have accused the government of evicting villagers from their land without negotiation or adequate compensation to make way for some concessions.

POOR AND WEAK

Subedi called on the government to reform the judiciary to ensure fairness when such disputes arise.

"Many judges may have the necessary commitment to deliver justice according to law, but for many this commitment is compromised by external interference and for others the commitment is just not there," he said.

"If you are poor and weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management systems, or through the courts."

The government denies the accusations of land-grabbing, saying evictions are lawful and compensation is more than adequate.

The government, dependent on aid from foreign allies and international organizations, has often shown impatience with criticism of its human rights record.

Subedi said he was disappointed about the cancellation of a meeting with Prime Minister Hun Sen for health reasons, but said other senior government and judicial officials whom he met had promised reform.

Subedi also referred to the case of a prominent opposition politician and former minister of women's affairs, Mu Sochua, who was sued by Hun Sen after she accused him of defamation.

"I am troubled by the ... narrowing of political space for critical debate in society, due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents," he said.

Mu Sochua lost her legal battle with the prime minister but has refused to pay a $4,000 fine, saying she would prefer to go to jail.

"My position as an international lawyer, nobody should be sent to prison for exercising freedom of expression," Subedi said.

(Editing by Robert Birsel)

Cambodian courts 'troubling'

Jun 17, 2010
AFP

PHNOM PENH (Cambodia) - THE UN special rapporteur for human rights urged Cambodia on Thursday to boost judicial independence as he warned that courts faced 'tremendous challenges' in providing justice for the poor.

Surya Subedi said a range of issues, including external interference in proceedings and a lack of awareness of human rights standards, meant the public did not have confidence in the legal system.

Wrapping up a 10-day fact-finding mission on the workings of the courts system - which has faced accusations of corruption and political tampering in the past - Mr Surya said obtaining justice for the poor and marginalised was a particular problem. The UN representative said he was 'troubled' by the impact of land disputes and resettlement on ordinary people.

'If you are poor, weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management system, or through the court,' he told a press conference. Cambodia has faced mounting criticism over the past few years because of a spate of forced evictions throughout the country at the hands of army and police.

Mr Surya - who was appointed last year after his predecessor Yash Ghai resigned following a war of words with the government - also expressed concern about the 'narrowing of the political space for critical debate' because of the disproportionate use of court actions.

Rights groups have heavily criticised authorities in the past year for launching a number of defamation and disinformation law suits against critics and opposition members.

Cambodia bans US documentary Who Killed Chea Vichea?

7 June, 2010
By Sarah Cooper
ScreenDaily.com

The Cambodian goverment has declared the film an illegal import

The Cambodian government has banned US director Bradley Cox’s documentary Who Killed Chea Vichea?, which investigates the mysterious 2004 assassination of Chea Vichea, one of Cambodia’s most influential union leaders who fought for years for increased wages and improved working conditions.

The film, which had its European premiere last month at the Cannes Independent Film Festival, was named one of Amnesty International’s Top Ten Movies That Matter.

Last month trade unionists attempted to hold the film’s Cambodian premiere at the very location where Vichea was murdered, but riot police raided the scene and dismantled and seized the screens.

The Cambodian government, led by Prime Minister Hun Sen, has declared the film an illegal import and announced that it intends to prevent any screenings “wherever they are held.”

Cambodia vs. 'Chea'

Who Killed Chea Vichea?

Sat., Jun. 5, 2010
By DAVE MCNARY
Variety.com

Director claims gov is preventing screenings of pic

The director of "Who Killed Chea Vichea?," a documentary about the 2004 slaying of the Cambodian union leader, is asserting that the Cambodian government has banned screenings of the film.

U.S. helmer Bradley Cox says the government has been preventing showings of his film for the past month in the first banning of a politically charged film since the 1980s.

The movie screened at the recently wrapped Cannes market and has been playing the festival circuit for the past two years. It's been named to Amnesty Intl.'s Top Ten Movies That Matter list.

Cox says trade unionists attempted to hold the film's Cambodian premiere at the location where Vichea was killed but police raided the scene, leading to a declaration by the Cambodian government that the pic is an illegal import.

The movie makes the case that the government was allegedly complicit in the slaying and that police framed two innocent men for the killing.

"It's not surprising that the government would quickly move to suppress the film," Cox tells Variety. "Chea Vichea was a hero to many because he dared to speak up for the little guy. In a country run on fear, this is a rare thing and in the end, Vichea payed the price for it."

Doc was produced by Rich Garella and Jeffrey Sanders.

Garella lived in Cambodia for most of 1995-2003, was managing editor of the Cambodia Daily and later worked as press secretary for Cambodia's main opposition party.

Contact Dave McNary at dave.mcnary@variety.com.

The rich and powerful continued to abuse the criminal justice system to silence people protesting against evictions and land grabs: Amnesty Int'l

Click here to read the entire report (PDF)

Forced evictions continued to affect thousands of families across the country, predominantly people living in poverty. Activists from communities affected by forced evictions and other land confiscations mobilized to join forces in protests and appeals to the authorities. A wave of legal actions against housing rights defenders, journalists and other critical voices stifled freedom of expression. The first trial to address past Khmer Rouge atrocities took place. The defendant, Duch, pleaded guilty, but later asked to be acquitted.

Background

At least 45,000 garment factory workers lost their jobs as a result of the global economic crisis and a number of companies reduced salaries. Surveys indicated growing mass youth unemployment as some 300,000 young people faced joblessness after completing their high school and bachelor degrees. For the first time, the UN Committee on Economic, Social and Cultural Rights considered Cambodia’s state report, which the authorities had delayed submitting for 14 years. The Committee identified serious shortcomings in the implementation of a number of treaty obligations, including those relating to the judicial system, housing and gender inequalities. Cambodia’s human rights record was reviewed under the UN Universal Periodic Review in December.

Forced evictions

Forced evictions continued to affect the lives of thousands of Cambodians. At least 26 forced evictions displaced around 27,000 people, the vast majority from communities living in poverty. In July, a number of international donors called for an end to forced evictions “until a fair and transparent mechanism for resolving land disputes is in place and a comprehensive resettlement policy” is established.

- On 16/17 July, security forces forcibly evicted Group 78, a community group in Phnom Penh after a deeply flawed legal process. The last 60 families had no choice but to dismantle their houses and accept compensation that prevented them from living near their former homes and workplaces. Most of the families were relocated outside the city with few work prospects.

After civil society criticism, the World Bank attempted to strengthen safeguards in a multi-donor supported Land Management and Administration Project to protect security of tenure for people in urban slums and other vulnerable areas. In early September, the government responded by terminating its contract with the Bank.

Human rights defenders

The rich and powerful continued to abuse the criminal justice system to silence people protesting against evictions and land grabs. Police arrested at least 149 activists, for their peaceful defence of the right to housing.

- On 22 March, security forces shot at unarmed villagers in Siem Reap province, injuring at least four people. The villagers, from Chikreng district, were protesting against the loss of farmland that had come under dispute. By the end of the year, no authority had investigated the shooting, but police had arrested at least 12 of the villagers, two of whomwere subsequently convicted of robbery for attempting to harvest their rice on the disputed land. Seven were acquitted but remained in arbitrary detention pending a prosecutorial appeal.

Informal representatives from communities in most provinces increasingly formed grassroots networks, jointly voicing concerns over forced evictions and intimidation.

International justice

In March, the historic first hearing of the Extraordinary Chambers in the Courts of Cambodia (ECCC, Khmer Rouge Tribunal) took place with the trial of Kaing Guek Eav (known as Duch). Duch was commander of notorious security prison S-21. During the 72-day hearing, survivors and victims of Khmer Rouge atrocities heard for the first time evidence against “those most responsible”. Duch admitted responsibility for crimes committed at S-21, including killing about 15,000 people.

The trial of four senior Khmer Rouge leaders was in preparation, and the International Co-Prosecutor submitted requests to open investigations into an additional five suspects. The Cambodian government spoke out against additional investigations saying they could lead to unrest, apparently in an attempt to exert influence over the tribunal.

In July, co-investigating judges decided to allow “confessions” obtained by torture as evidence in the case of Ieng Thirith. This breached the “exclusionary rule” in Article 15 of the UN Convention against Torture which binds the ECCC.

Freedom of expression

A series of prosecutions of people who criticized government policies had a stifling effect on freedom of expression.

- Courts sentenced newspaper editor Hang Chakra, and the director of an NGO, both affiliated to the opposition Sam Rainsy Party (SRP), to prison terms for peacefully expressing views.

- The Phnom Penh Court convicted Mu Sochua, Secretary-General of the SRP, of defamation for filing a complaint – also for defamation – against the Prime Minister. She had no legal counsel because her lawyer had withdrawn from the case after receiving threats of legal action for speaking about the case at a press conference. Mu Sochua received a non-custodial sentence.

On 10 July, one of the few remaining opposition-affiliated daily newspapers, Moneaksekar Khmer (Khmer Conscience), stopped publishing. The editor, Dam Sith, issued a public apology for articles, over which the government had requested a criminal investigation for “incitement”.

- By the end of the year, police had made no progress on the investigation into the murder of Moneaksekar Khmer reporter Khim Sambor. He had been killed by unknown assailants during the July 2008 elections.

Legal, constitutional or institutional developments

On 12 October, the National Assembly passed the new Penal Code. This retained defamation as a criminal offence.

Opposition parliamentarians and civil society groups criticized a new Law on non-violent demonstrations, passed by the National Assembly in October. Authorities routinely denied permission for demonstrations and the law, if adopted, risked codifying such restrictions.

Violence against women and girls

Prosecution of rapists remained rare, due to poor law enforcement, corruption in the courts and widespread use of out-of-court financial settlements. Settlements were typically arranged by law enforcement officials and stipulated that the victim withdraw any criminal complaint. Reports indicated that rapes of women and girls, including sex workers, continued to increase, with the age of victims falling.

Amnesty International visits/reports

Amnesty International delegates visited Cambodia in March/May, September and October/December.

• Cambodia: Urban development or relocating slums? (ASA 23/002/2009)
• Cambodia: After 30 years Khmer Rouge crimes on trial (ASA 23/003/2009)
• Cambodia: Briefing for the UN Committee on Economic, Social and Cultural Rights: 42nd session, May 2009 (ASA 23/004/2009)
• Cambodia: Borei Keila – Lives at risk (ASA 23/008/2009)

Sacrava's Political Cartoon: Inside the Freedom Park

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

Click on the cartoon to zoom in