Cambodia: Closure of UN Office Threatens Rights Efforts

UN and Donors Should Strongly Support Human Rights Office

October 29, 2010
Source: Human Rights Watch

(London) - Human Rights Watch and Amnesty International have issued the following statement about comments by senior Cambodian officials concerning the United Nations Office of the High Commissioner for Human Rights in Cambodia:

Cambodia: Joint Statement of Amnesty International and Human Rights Watch Regarding the Situation of the Office of High Commissioner for Human Rights in Cambodia.

Human Rights Watch and Amnesty International strongly condemn the public statements by senior officials of the government of Cambodia demanding the removal of the director of the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Cambodia, Christophe Peschoux, and stating the government intends to force the closure of that office.

From our close knowledge of the work of the OHCHR Cambodia office, we reject as baseless the statements attributed to Foreign Minister Hor Nam Hong that the office has acted as a "spokesperson for the opposition party." This attack by the government on the OHCHR Cambodia office should be seen as a direct assault on the UN's human rights mandate, encompassed by the Universal Declaration of Human Rights and the international human rights conventions, many of which Cambodia has ratified.

We expect the leadership of the United Nations to continue to speak out in support of the OHCHR Cambodia office, its representative, and staff. Donor governments to Cambodia should likewise voice their strong objections to the Cambodian government's statements. US Secretary of State Hillary Clinton, who will visit Cambodia on October 31 and November 1, should publicly express support for the OHCHR Cambodia office and the UN's human rights mandate. Both Human Rights Watch and Amnesty International will continue to closely monitor the situation in Cambodia and expose human rights violations and promote accountability.

Ban Ki-moon met with threat and tantrum from Cambodia's dictator and strongman

KR Tribunal too hot for Khmer Rouge Hun Xen to handle

Cambodian President Hun Sen, left and UN Secretary-General Ban Ki-moon inspect honor guard in Phnom Penh, 27 Oct 2010 (Photo: VOA - R. Carmichael)

Cambodian Premier says No More Khmer Rouge Trials

Robert Carmichael, Voice of America
Phnom Penh 27 October 2010

Camdodia's prime minister says the four former Khmer Rouge leaders awaiting trial next year would be the last to be prosecuted.

Unilateral decision

Hun Sen put not one, but two, shots across the bow of the United Nations, during a meeting with U.N. Secretary-General Ban Ki-moon, who arrived late Tuesday on a two-day official visit.

The first shot was that he was against allowing the international war crimes court in Phnom Penh to prosecute any more former Khmer Rouge members.

The court is a hybrid U.N.-Cambodian tribunal, funded mainly by donations from U.N. member states.

The second shot - the prime minister wants the United Nations to shut its local human rights office, after firing the office's country head, Christophe Peschoux.

UN reaction

Ban is not scheduled to speak to the media until Thursday, but his spokesman, Yves Sorokobi spoke to VOA.

He says matters of staffing are purely the preserve of the United Nations, and the organization stands by all of its staff, including Peschoux. But when it comes to the matter of the office itself, that is a matter of bilateral cooperation. And that means if Cambodia no longer wants a U.N. human rights office, then in the long term there is not much the United Nations can do about that.

"This has been a matter of bilateral cooperation," noted Sorokobi. "The secretary-general in his meeting with the prime minister today discussed this matter. There was no decision made there by the secretary-general, and I believe that now that the government has made its position clear, the secretary-general will consult."

Tribunal's work

The Khmer Rouge tribunal began its work in 2006, and earlier this year sentenced Kaing Guek Eav, also known as Comrade Duch, the defendant in the first case, to 30 years for war crimes and crimes against humanity.

It is scheduled to begin the second case, against four former leaders of the movement next year.

International investigators had opened dockets into another five unnamed former Khmer Rouge, and those five constituted Cases Three and Four.

But today Prime Minister Hun Sen effectively shot those down.

Reasoning behind decision

Minister of Information Khieu Kanharith told VOA that Hun Sen is against those cases for several reasons.

He says the prime minister believes those being investigated were not high-ranking members in the Khmer Rouge and their prosecutions would fall outside the deal between the United Nations and Cambodia to establish a tribunal in the first place.

"The second reason [is] he said that the primary goal of setting up this court, is first to find justice for the Cambodian people, and two is to preserve the peace and political stability in the country," Kanharith said.

Despite the prime minister's declaration the second trial will be the last, Sorokobi says the United Nations stands committed to the idea of judicial independence at the court.

"Again, this is a matter for the court officials, for the independent councilors to decide, and we have to give them the space that they need to make the proper decision. There should be no political interference with their work," Sorokobi said.

Accountability

Later, Mr. Ban told the staff at the war crimes tribunal headquarters outside Phnom Penh he is firmly resolved those kinds of acts the Khmer Rouge is accused of should never happen again.

He said accountability, justice and the fight against impunity were the standards during his tenure as secretary-general.

Cambodian PM wants U.N. rights official sacked

Wed Oct 27, 2010
By Prak Chan Thul

"Human rights figured strongly in their discussions ... and I can confirm that the secretary-general stressed the notable role and value of (the U.N.) office in Phnom Penh, and that of course includes the person who heads that office," Nesirky told reporters.

PHNOM PENH (Reuters) - Cambodia's outspoken prime minister told U.N. Secretary-General Ban Ki-moon on Wednesday to remove a local U.N. representative and instruct Khmer Rouge war crimes prosecutors to limit the scope of their investigation.

Foreign Minister Hor Namhong, who attended a meeting between Ban and Hun Sen, said the long-serving premier threatened to close the office of the United Nation's human rights body if its representative, Christophe Peschoux, was not replaced.

"Peschoux has not been working on human rights issues with the government but has been the spokesperson for opposition parties," Namhong told reporters, quoting Hun Sen as telling Ban.

"Remove Peschoux. If Peschoux is not removed, the human rights office in Cambodia will be closed," he added.

In New York, U.N. spokesman Martin Nesirky indicated Ban had defended Peschoux at the talks with Hun Sen.

"Human rights figured strongly in their discussions ... and I can confirm that the secretary-general stressed the notable role and value of (the U.N.) office in Phnom Penh, and that of course includes the person who heads that office," Nesirky told reporters.

CREATE CONFLICT

Hun Sen also urged Ban to ensure that prosecutors in the joint Cambodian-U.N. Khmer Rouge war crimes tribunal did not seek more indictments, which he said could create conflict in the war-scarred country.

The five-year-old, multi-million-dollar tribunal is preparing to hear its second case, dubbed 002, against four former top cadres of Pol Pot's ultra-Maoist regime, which is blamed for the deaths of at least 1.7 million Cambodians from 1975-1979.

The current government, which includes several former Khmer Rouge members, has been accused by justice advocates and former victims of trying to stall the tribunal and interfere with judges to avoid being implicated themselves.

Hun Sen, himself a former foot soldier, has previously said he hoped the court would run out of funds because he was concerned its investigations would reopen old wounds and trigger another civil war.

"We must think of peace in Cambodia," Namhong said, relating Hun Sen's comments to Ban. "This tribunal is a failure if it requires a case 003."

Ban, who leaves Cambodia on Thursday, was greeted by angry protesters asking him to intervene in hundreds of land dispute cases.

Rights groups and foreign aid donors complain state officials are forcibly evicting farmers, villagers and city residents to sell prime land to foreign and local businesses.

Spokesman Nesirky said the United Nations was open to receiving a petition.

"If there is some kind of written communication that these people who are protesting against eviction would like to hand over, I'm sure that that will be possible," he said.

(Additional reporting by Patrick Worsnip at the United Nations; Editing by Miral Fahmy and Jerry Norton)

Cambodia's brutish rogue dictator threatens and throws a tantrum at the UN, will the world allows him to dictate his whim?

Hun Sen limits tribunal's remit, wants rights office shut (1st Lead)

Oct 27, 2010
DPA

Phnom Penh - Cambodia on Wednesday told UN Secretary-General Ban Ki-Moon that the international war crimes court would only be allowed to prosecute four Khmer Rouge leaders currently in custody.

Minister of Information Khieu Kanharith said the UN-backed court would not be allowed to try another five suspects currently under investigation.

The government previously said that trying more suspects for the crimes of the Khmer Rouge movement, responsible for an estimated 2 million deaths in the 1970s, could destabilize Cambodia.

Prime Minister Hun Sen also told Ban that he wanted the UN to close its local human rights office and to dismiss country director Christophe Peschoux, Khieu Kanharith said.

Foreign Minister Hor Namhong told reporters that Peschoux should be sacked on the grounds that he was a 'mouthpiece' for the political opposition.

A UN spokesman was not available to comment on either subject.

Also on Wednesday police dispersed dozens of people facing eviction who had gathered on the roads on which Ban's motorcade was travelling.

Residents from the Boeung Kak lake area in central Phnom Penh had earlier submitted a petition to the UN requesting that Ban meet with them to discuss efforts to evict them from land many have lived on for decades.

The site was leased to a company linked to a senator from the ruling Cambodian People's Party. Hundreds of people have already been evicted, and thousands more have been told they will lose their homes.

Aimee Brown, a spokesperson for the Office of the UN Resident Coordinator in Phnom Penh, said Ban knew about requests to meet him, but said his office had not yet decided on whether he would do so.

'He's definitely aware that there are protestors, and he is aware of the petitions that have been received,' Brown said.

Land-grabbing and evictions are an issue in Cambodia, with tens of thousands of people thrown off their land in recent years as values rocketed. On Monday Human Rights Watch called on Ban to address the issue during his visit.

Ban arrived in Phnom Penh late Tuesday and was scheduled to visit the tribunal Wednesday. Earlier this year, the court convicted former Khmer Rouge security chief Comrade Duch of war crimes and crimes against humanity.

The UN chief is scheduled to depart on Thursday for Vietnam, where he will attend a summit between the United Nations and the regional Association of South-East Asian Nations bloc. He will conclude his current Asian tour in China.

Hun Xen wants UN Christophe Peschoux sacked, will Ban Ki-moon let Hun Xen dictates his capricious whim?

UN Right Envoy Christophe Peschoux, a thorn in Hun Xen's only good eye?

PM wants UN official sacked

Oct 27, 2010
Reuters

PHNOM PENH - CAMBODIA'S outspoken prime minister told UN Secretary-General Ban Ki-moon on Wednesday to remove a local UN representative and instruct Khmer Rouge war crimes prosecutors to limit the scope of their investigation.

Foreign Minister Hor Namhong, who attended a meeting between Ban and Hun Sen, said the long-serving premier threatened to close the office of the United Nation's human rights body if its representative, Christophe Peschoux, was not replaced.

'Peschoux has not been working on human rights issues with the government but has been the spokesperson for opposition parties,' Namhong told reporters, quoting Hun Sen as telling Ban.

'Remove Peschoux. If Peschoux is not removed, the human rights office in Cambodia will be closed,' he added.

Hun Sen also urged Ban to ensure prosecutors in the joint Cambodian-UN Khmer Rouge war crimes tribunal did not seek more indictments, which he said could create conflict in the war-scarred country.

The five-year-old, multi-million-dollar (US) tribunal is preparing to hear its second case, dubbed 002, against four former top cadres of Pol Pot's ultra-Maoist regime, which is blamed for the deaths of at least 1.7 million Cambodians from 1975-1979.

Asking questions to Hun Xen is tantamount to an act of national betrayal (sic!)

Click on the letter in Khmer to zoom in

Unofficial translation from Khmer by P.U

KINGDOM OF CAMBODIA

NATION – RELIGION - KING

Royal Cambodian Government
File # Information 54

To Samdach Akeak Moha Ponhea Chakkrei Heng Samrin,
President of the National Assembly

Subject: Request by four SRP Members of Parliament: HE Sam Rainsy, HE Khim Lakky, HE Mao Monivann and HE Cheam Channy for the Royal Government of Cambodia (RGC) to answer questions accusing the RGC of violating the 1991 Paris Peace Agreements (PPA).

Reference: Letter No. 661 RS, dated 15 October 2010 from the National Assembly.

Referring to the subject above, I have a great honor to inform your excellency Samdach Akeak Moha Ponhea Chakkrei, President of the National Assembly, the following:

Prior to my obligation to answer to the owners of the questions, I have to be very cautious in examining the depth and the meaning of this letter. Furthermore, as the Prime minister who leads the executive branch in the Kingdom of Cambodia, I fully respect the high merit of its democracy and the power of the National Assembly as the representative the Khmer People and as the nation’s supreme legislative branch based on the principle of division of power through a democratic parliamentary system as stipulated in the constitution, in particular, in regards to the rights of MPs to ask the government as stated in Article 96 of the constitution.

However, in regards to the letter from the four MPs dated 13 October 2010, its subject is clearly intended to accuse the RCG of "… violates the PPA…" as indicated. Not only that, the letter started by accusing to the RCG in its very first question, such as: "Why does the RCG violates the PPA…" before stating the other three questions. The intent to accuse clearly shows that the owners of the letter have already demonstrated their position on this issue, thus they do not have any doubt that would require my answer.

Therefore, if the owners of the questions have accused the RCG of "…violates the PPA…" already, they should avail themselves of their legitimate rights to file a complaint to the court and leave for the judge to make a decision. This is the right way according to the constitution, because the forum discussion in the assembly is not a hearing session to judge on the accusation from the MPs on the RCG. And the Prime Minister, like all other members of the RCG, should not use the National Assembly session to exercise their rights and requirements to provide answers to the accusation leveled by the MPs either.

Therefore, as the Prime Minister and the RGC representative, I do not have the rights to exercise my power in contrary to the constitution nor infringe the principle of the governing system, the principle of the rule of law and the democratic parliamentary system as clearly stipulated in the constitution. Based on the principle set by the constitution of Kingdom of Cambodia, I should cautiously avoid to associate myself with any bad habits of taking advantage of the parliament session as an accusation hearing platform, or to reply to such scheme that is outside of the democratic parliamentary governing system.

However, as the RCG leader who is responsible in front of the National Assembly and who abides by the constitution, both I and other members of the Council of Ministers, we always welcome by providing clarifications to answers to the parliament on questions asked by MPs which do not precede by accusation.

Furthermore, this letter was also written not within the context of an exchange between the legislative and the executive branches with the aim of national edification nor to foster any positive change, but this letter was written to reflect its motivation to incite and to cause trouble which is the way that the opposition puts into application for its destruction intention.

Politicians who prefer to use instigation to cause trouble are of no use to the nation, and they do not respond to the importance of the democratic principles at all.

In addition, it is a shame for me, as a Cambodian citizen, and I regret very much to see the accusations made by the four MPs who are also Cambodians as well, but they made the exact same accusations as those leveled by the extremist Thais on Cambodia, and on those questions [leveled by the Thais], the RCG took action to clarify them already. This accusation clearly demonstrated that the SRP MPs have defended and are defending the interest of another country against their own nation at a time when this foreign nation is violating Cambodia's territorial integrity, contrary to their MP’s pledge of allegiance as follow: "We pledge and are determined, even at the sacrifice our lives, to always protect, now and in the future the:

- Full independence of the Cambodian Motherland

- Full national integrity

- Legitimate territorial integrity of the country

- National unity without accepting any division or secessiom.

We all will definitely not allow anyone who whishes to interfere into the Cambodian internal affairs or impose their orders over our national and international political platform, and we will not serve any foreign interest."

Samdach the President of the Assembly, please understand and accept my highest ethical and moral with the explanation above, in respect to the national constitution with the aim of strengthening the rule of laws in Cambodia.

As explained above, please Samdach president be highly informed and forward this response to the accusers, as well as other MPs.

Please accept, Samdach Akeak Moha Ponhea Chakkrei, President of the National Assembly, my highest regards.

Phnom Penh 23rd October 2010

Prime Minister

(HUN SEN's signature)

Samdach Akeak Moha Sena Padei Decho Hun Sen

cc:

Royal palace

Secretariat of the Senate

Secretariat of the Nationa Assembly

Office of the Samdach Prime Minister

Office of the vice-PMs

For “information”

Lawmaker Worried Over Recent Hun Sen Remarks

SRP MP Mu Sochua reading out an article of the Cambodian Constitution

By Men Kimseng, VOA Khmer
Original report from Washington
14 August 2009

Click here to listen to the audio program

A new round of barbs opened between an opposition lawmaker and Prime Minister Hun Sen on Thursday, with the Sam Rainsy Party’s Mu Sochua cautioning the premier to curb rhetoric about a crackdown on the opposition.

On Wednesday, Hun Sen responded to critics of the government by saying he had the power to eliminate the opposition through force in only two hours but hadn’t.

“I as the prime minister use the court of law, and it is the same as the armed forces if it is not allowed,” Hun Sen told a forum in Phnom Penh. “Is it the rifles or what? I only need two hours to take over all of Phnom Penh. If you want to try, from this hour, I only need two hours, not longer than that, to grab you all.”

Mu Sochua, who is in the US, told VOA Khmer Thursday she was “horrified” by the comments.

“I think that such language should not be used at all, especially by a leader,” she said.

Mu Sochua was fined earlier this month in a suit brought by Hun Sen after she charged he had defamed her in a derogatory speech in April.

She has said she will appeal the decision, which spot-lighted alleged political bias in the courts.

The government and the courts have come under increased scrutiny lately, following a rash of court cases against opposition lawmakers, journalists and rights workers that critics say could mark a crackdown on government dissent.