Showing posts with label Weak legal systems. Show all posts
Showing posts with label Weak legal systems. Show all posts

Monday, January 09, 2012

Where is Bun Rany Hun Xen's morality squad when pedophiles are released from jail?

Trofimov ជន​ពូ​កែ​ខាង​រំលោភ​ក្មេង និង​ក្មេង​ស្រី​ខ្មែរ​​រង​គ្រោះ មិន​ទាន់​បាត់​ធំ​ក្លិន​ទឹក​ដោះ​។ រូបថត សហ​ការី

កម្ពុជា​ជា​ដែន​ជម្រក​សុវត្ថិភាព​ជន​រំលោភ​កុមារ​?

Monday, 09 January 2012
តុង សុប្រាជ្ញ
The Phnom Penh Post
រដ្ឋាភិបាល​កម្ពុជា គួរ​តែ​រក​ដំណោះស្រាយ​ឡើង​វិញ​ចំពោះ​អ្នក​មក​វិនិយោគទុន​ និង​អ្នក​ទេសចរណ៍​ ដែល​ចូល​មក​រួម​ភេទ​ជា​មួយ​កុមារ និង​ស្រ្តី ​ដើម្បី​សុខទុក្ខ និង​សេចក្តី​ថ្លៃថ្នូរ​របស់​ប្រជា​ពលរដ្ឋ និង​អនាគត​របស់​ពួក​គេ​។ ជា​ពិសេស​លោក​ជំទាវ​ ប៊ុន​ រ៉ានី​ ហ៊ុន សែន​ ដែល​ធ្លាប់​ជួយ​លើក​ស្ទួយ​ស្រ្តី ​និង​កុមារ ​និង​ជួយ​ធ្វើ​អន្តរាគមន៍​ ប្រឆាំង​នឹង​ការ​រំលោភ​សេពសន្ថវៈ​ និង​ការ​ជួញ​ដូរ​ផ្លូវ​ភេទ​ផង​ដែរ​នោះ​៕
កុមារា-កុមារី​ និង​ស្រ្តី​ខ្មែរ​មួយ​ចំនួន​សព្វ​ថ្ងៃ​នេះ បាន​បាត់​បង់​នូវ​គុណ​តម្លៃ​ និង​សេចក្តី​ថ្លៃថ្នូរ​ ដោយ​សារ​តែ​ធ្លាប់​ទទួល​រង និង​ប្រឈម​មុខ នូវ​បញ្ហា​ធំៗ​សព្វ​បែប​យ៉ាង ​ដូចជា​ អំពើ​ហិង្សា​ក្នុង​គ្រួសារ​ ការ​រំលោភ​សេព​សន្ថវៈ​ និង​ការ​ជួញដូរ​ផ្លូវ​ភេទ​ ឯ​ខ្លះ​ទៀត​ត្រូវ​គេ​លក់​ ៣ ទៅ​ ៤​ តំណ​គួរ​ឲ្យ​សង្វេគ​ណាស់​។​ មិន​ត្រឹម​តែ​ប៉ុណ្ណោះ​ កុមារ​កម្ពុជា​ ក្លាយ​ជា​គោលដៅ​របស់​ពួក​ជន​រំលោភ​សេពសន្ថវៈ​កុមារ ​(Pedophiles) ដែល​ភាគ​ច្រើន​មក​តាម​រយៈ​ទេសចរណ៍ និង​វិនិយោគ​ទុន​នៅ​កម្ពុជា​។

តើ​នេះ ​មក​ពី​ស្រុក​ខ្មែរ​ធូរ​លុង​ផ្នែក​ផ្លូវ​ច្បាប់​ពេក​ ឬ​មួយ​ក៏​ឲ្យ​តែ​បាន​លុយ​ចូល ​ចង់​អ្នក​ទេសចរ និង​អ្នក​រកស៊ី​ម៉ាក​យ៉ាង​ម៉េច​ក៏​មាន​ដែរ​?​ ហើយ​អ្នក​ដែល​បាន​លាភ​សក្ការ​ពី​អ្នក​ទាំង​នោះ​​ មក​ធ្វើ​ជា​អ្នក​ហ៊ឺហា​បង្អួត​អ្នក​ក្រីក្រ​ ដែល​ជា​ខ្មែរ​ដូច​គ្នា​ ដូច​ជា​មាន​វីឡា​ ខុនដូ​ រថយន្ត​ទំនើបៗ និង​សម្ភារ​ផ្សេងៗ​ ឯ​ខ្លះ​ទៀត​ ដើរ​ចែក​អំណោយ បន្លំ​ភ្នែក​ធ្វើ​ដូច​ខ្លួន​ឯង​ហ្នឹង ​ជា​អ្នក​មាន​ចិត្ត​សប្បុរស​ធម៌​ខ្លាំង​ណាស់​។

ស្រុក​ខ្មែរ​បច្ចុប្បន្ន​នេះ ​បើ​អ្នក​វិនិយោគ​ទុន​បរទេស​មក​រក​ស៊ី​ត្រឹម​ត្រូវ​ សុំ​អាជ្ញា​ប័ណ្ណ​ត្រឹម​ត្រូវ​វិញ​ គឺ​មិន​ងាយ​បាន​ទេ រង់ចាំ​រាប់​ខែ​រាប់​ឆ្នាំ​ ដែល​កន្លង​មក​អ្នក​វិនិយោគ​ទាំង​នោះ​ ធ្លាប់​ត្អូញត្អែរ​ តែ​បើ​អ្នក​វិនិយោគ​ទុន​លោត​ឆត្រ​ ឬ​ក៏​កាប់​ដាវ​ មាន​ទុយោ​វិញ គឺ​បាន​អាជ្ញា​ប័ណ្ណ​លឿន​តែ​ម្តង ហើយ​មិន​រើស​មុខ​ទៀត​ចង់​ប្រភេទ​ណា​ក៏​មាន​ដែរ​។ ​ស្រុក​ខ្មែរ​ស្រួល​អ៊ីចឹង​ ករណី​ដែល​ដឹង​ថា​អ្នក​វិនិយោគ​ទុន​ជា​ម៉ាហ្វីយ៉ា​នៅ​ពេល​​ដែល​សមត្ថកិច្ច​ប៉ូលិស​ចាប់​បាន​ម្តងៗ​ ពេល​ខ្លះ​រាប់​រយ​នាក់​ក៏មាន ​ហើយ​ខ្លះ​ក៏​លេង​ល្បែង​នៅ​កាស៊ីណូ​​អស់​លុយ​រលីង​សល់​តែ​គូទ​ខោ ដាក់​មេ​ប្រូច​រត់​ទៅ​ស្រុក​វិញ​ក៏​មាន​។

Thursday, November 27, 2008

Youth Offered EdC Job After Brother's Death

By Pich Samnang, VOA Khmer
Original report from Phnom Penh
26 November 2008



The older brother of a young boy killed in a construction accident on a work site of Electricite du Cambodge last week has been promised a job by the company and the family compensated with $1,500.

Men Chanpong, 13, was buried alive Friday night by an EdC bulldozer in Lor Kambor village, Svay Pak commune, Russei Keo district, where villagers say he was working part time.

EdC has denied employing the boy, but paid compensation to his father and promised a job to Men Chanthy, the 23-year-old brother of the boy.

Rights and union officials said such compensation, common in Cambodia, perpetuated a system of impunity and weakened the rule of law.

“They gave my son a job in the company, but I don’t know what it is because I just got a call this morning to get an application,” Men Chanseng, 47-year-old father of the boy, said Tuesday.

Men Chanseng himself is a construction worker. He would not confirm whether his son worked for EdC, but he confirmed receiving compensation from the company.

Chea Sunhel, director of EdC’s supply department, denied the boy worked for the company and said Tuesday EdC was giving Men Chanthy a job in addition to compensation because the family was poor.

“He might work as a security guard or, if he is literate, he can record meter readings,” Chea Sunhel said. “It depends on his abilities.”

Rong Chhun, president of the Cambodian Confederation Union, said such compensation was not worth the life of a child.

“It is not fair, because if the company keeps paying just $1,000 or $2,000 for the family of the deceased, and there is nothing happening to it, that means impunity in Cambodia is still high,” he said.

In Cambodia a habit exists where a perpetrator of a crime pays compensation to a family in order to avoid the courts, which themselves are widely criticized as corrupt and politically biased.

Ny Chakrya, a rights investigator for Adhoc, said if the legal system cannot punish perpetrators, Cambodia cannot meet the rule of law.

“If impunity continues, none of the cases will be involved with the people. They will not file in court, they will not cooperate and they will not join in legal reform to strengthen the rule of law in Cambodia. So the legal system here will become weaker and weaker.”

Monday, December 10, 2007

Cambodia protest over land grabs [-Hun Sen's government has acknowledged there is a problem with land-grabbing]

UN envoy Yash Ghai (R) has voiced concern about land rights violations

The protest was held to mark International Human Rights Day

Monday, 10 December 2007
By Guy De Launey
BBC News, Phnom Penh


Several communities in the Cambodian capital, Phnom Penh, are marking International Human Rights Day by protesting against forced evictions.

Thousands of families have already been moved from slums in the capital to sites outside the city, and other communities face the same fate.

The UN Special Representative for Human Rights in Cambodia, Yash Ghai, has strongly criticised the evictions.

He says he believes the country's human rights situation is deteriorating.

'Enormously corrupt'

On the banks of the Bassac River, members of more than a dozen threatened communities made a show of defiance.

They wore white T-shirts with the slogan "stop evictions" written in Khmer and English, and a young woman from the community read what they called the Tonle Bassac Declaration - a plea to have their rights respected.

The demonstrations coincided with the final day of the visit of the United Nations Special Representative for Human Rights in Cambodia, Yash Ghai.

It is Yash Ghai's fourth mission to the country, and this time he has been paying special attention to the issues of land grabs and evictions.

Mr Ghai says that poor people all over Cambodia are losing their land to the rich and powerful and that well-connected land-grabbers can operate with impunity because of the weakness of the judicial system.

He also accuses international donors of failing to use their influence and says he is concerned the situation will get worse.

"There's an enormous amount of suffering," he said. "People are extremely anxious and fearful of the police and the courts, who are very much part of this system for the appropriation of land. So the whole legal system has become enormously corrupt."

The government has acknowledged there is a problem with land-grabbing.

Prime Minister Hun Sen has stepped in on several occasions to order well-connected people to hand back land. He has also promised to sack any government officials involved.

Friday, August 24, 2007

Improper Detentions Happen Too Often, Rights Monitor Says

Sok Khemara, VOA Khmer
Original report from Washington
23 August 2007


Across Cambodia, detentions without probable cause are a common occurrence and a concern to rights groups, a leading rights investigator said Thursday.

People can be jailed for political affiliations, for personal grudges, for mistaken identities, and relatively few safeguards are implemented to prevent extended detention of the innocent.

Suspects often lose their rights when they are arrested, said Chan Saveth, a leading rights investigator for the independent group Adhoc. This includes the rights to a lawyer, access to family members and other visitors and medical treatment.

Torture and confession under duress are also common, Chan Saveth said, as a guest on "Hello VOA."

A recent case of mistreatment could be found in the death of Oum Chhay, the suspected drug trafficking who fell to his death earlier this week, Chan Saveth said.

Oum Chhay was a key suspect and witness in a case against drugs production in Cambodia, but fell from a high building where he was being questioned, reportedly while his guards—three of them—were gone using the toilet.

Rights investigators for Adhoc and other groups, as well as journalists, were not permitted to verify his cause of death, Adhoc has said.

It was unclear if Oum Chhay was mistreated after his arrest earlier this month.

Sunday, July 29, 2007

Amnesty International 2007 Report on Cambodia: The land crisis continued unabated

By Amnesty International

CAMBODIA
KINGDOM OF CAMBODIA
Head of state: King Norodom Sihamoni
Head of government: Hun Sen
Death penalty: abolitionist for all crimes
International Criminal Court: ratified
The land crisis continued unabated; over 10,000 urban poor were forcibly evicted from their homes and thousands of rural dwellers lost their lands and livelihoods in land disputes. The authorities continued to use the courts in an effort to curtail peaceful criticism. Restrictions on freedom of assembly were maintained.

Background

A government-led crackdown on peaceful critics ended in February with a deal between the Prime Minister and some adversaries, leading to the release of several prisoners of conscience, among them opposition parliamentarian Cheam Channy. The opposition leader, Sam Rainsy, returned from exile after he received a royal pardon.

The government's junior coalition partner, the National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC), faced crisis as Prime Minister Hun Sen of the ruling Cambodian People's Party (CPP) stepped up pressure against party president Prince Norodom Ranariddh and his followers. Some 75 senior FUNCINPEC officials were dismissed from the government and the National Assembly, culminating in an extraordinary FUNCINPEC congress on 18 October in which Keo Puth Raksmey became the new party president. In November Prince Ranariddh launched the Norodom Ranariddh Party by joining and taking the lead of the small ultra-nationalist Khmer Front Party.

The UN High Commissioner for Human Rights visited Cambodia in May and concluded that the strengthening of the judicial branch of governance was crucially important for the consolidation of democracy under the rule of law.

Land and housing

Land concessions and other opaque land deals between business interests and the authorities continued. In a series of forced evictions in June and July around 10,000 urban poor in Phnom Penh lost their homes to well-connected businessmen without adequate consultation, compensation or legal protection.

• At dawn on 6 June several hundred security officials armed with rifles, tear gas and electric batons began the forced eviction of Sambok Chab village in central Phnom Penh. Around 5,000 villagers were forced into vans and taken to a relocation site some 20 kilometres from the city centre, an area which lacked clean water, electricity, health clinics and schools. The lack of basic amenities at the relocation site led to increased prevalence of diarrhoea, skin infections, malnutrition and respiratory infections, particularly among children and the elderly.

The forced eviction impoverished an already poor community by depriving them of their land and livelihoods. It took place despite the call two weeks earlier by the UN Special Rapporteur on adequate housing and the UN Secretary-General's Special Representative on human rights defenders for an end to the evictions and immediate action to ensure that these families had access to adequate housing consistent with Cambodia's human rights obligations.

On 29 June, armed forces began the forcible eviction of 168 families living next to Phnom Penh's Preah Monivong Hospital. Houses were demolished and the residents, some of whom had lived on the land since 1988, were resettled some 30km from the city without basic facilities.

In both instances police cordoned off the area of eviction, preventing journalists and human rights workers from monitoring events.

Local human rights defenders were targeted by law enforcement agencies in connection with forced evictions and land disputes both in urban and rural areas. At least 15 land rights activists were detained during the year.

Legal system

Long-awaited reform including laws governing the judiciary and criminal justice system did not take place. The anti-corruption law, which had been set as a top priority in the concluding statement of the annual donors' meeting in March, was not passed. Instead a new anti-corruption body under the powerful Council of Ministers was established by the government in August, comprising senior officials of the ruling party.

A Law on the Status of Parliamentarians was passed in August, which limits freedom of expression for parliamentarians. An anti-adultery law imposing custodial sentences was voted through the following month, and a law introducing compulsory military service - in sharp contrast to government pledges to reduce the armed forces - was passed by the National Assembly in October.

In his address to the UN Human Rights Council on 26 September, the UN Special Representative of the Secretary-General for human rights in Cambodia said that the government had used prosecutors and judges, while pretending to uphold their independence, to intimidate or punish critics. He stated that the government had applied the law selectively and that its supporters had enjoyed immunities from the civil and criminal process for blatant breaches of the law.

• Born Samnang and Sok Samoeun, who were sentenced in August 2005 to 20 years' imprisonment for the murder of trade union leader Chea Vichea following an unfair trial, remained in prison. After significant domestic and international pressure calling for their release following testimony from a new witness, an appeals hearing was announced for 6 October. As one of the judges did not appear in court the hearing was postponed.

Freedom of speech and assembly

The widely used and controversial criminal defamation law was reformed in May, with the custodial sentence removed. Several high-profile cases were suspended. Subsequently the law against disinformation, which has a maximum prison sentence of three years, was used in a number of cases to silence or intimidate critics, including several journalists.

• Death threats were received by two local journalists, Soy Sopheap of the CTN television channel and You Saravuth of Sralanh Khmer newspaper, after they reported alleged corruption by military and government-linked individuals. You Saravuth was forced to flee abroad.

Restrictions introduced in early 2003 on the right to assembly continued. Requests for permission to hold demonstrations were regularly refused by the authorities, while demonstrations and protests were often broken up by force.

The Extraordinary Chambers

The Extraordinary Chambers in the Courts of Cambodia were established on the outskirts of Phnom Penh to prosecute suspected perpetrators of gross human rights violations during the Khmer Rouge period (1975-1979). Due to disagreements between national and international judges, a plenary session of the Chambers failed to adopt the tribunal's internal rules which are required to launch investigations and prosecutions. There was renewed criticism of the lack of transparency in the recruitment of Cambodian judges; some were on the ruling party's central committee and others lacked basic legal training.

Former Khmer Rouge leader Ta Mok, one of two detainees scheduled to face prosecution by the Extraordinary Chambers, died on 21 July, never having been tried for his alleged role in crimes against humanity.

Thursday, June 21, 2007

Cambodia: Flaws in the Investment Picture

June 20, 2007
Stratfor

Summary

With business costs rising in China, East Asian investors are eager to find the next big thing. At first glance, Cambodia's stable pro-business government, cheap labor and numerous resources make it seem like the ideal location. But, despite progress in the trials of former Khmer Rouge leaders and significant increases in official development assistance, Cambodia's corrupt legal system will continue to hinder efforts to attract large-scale, high-value foreign direct investment and to solidify economic gains.

Analysis

With rising labor costs, increasingly saturated manufacturing markets and the gradual reduction of tax concessions in China, investors and manufacturers in East Asia are eager to find the next big destination for foreign direct investment (FDI). In many ways, Cambodia should provide such an ideal investment environment. It boasts an attractive pool of cheap labor; lucrative cash crops such as rubber, rice and tobacco; and large, though disputed, offshore oil reserves.

Since beginning to consolidate power, Prime Minister Hun Sen and the Cambodian People's Party have worked hard to create a stable, firmly pro-business environment with low taxes. Geographically, Cambodia is ideally positioned to absorb new investment and serve as a bridge between two of Asia's star economies, well-established Thailand and booming Vietnam. Cambodia's lesser-developed economy status also gives its exports less-restricted access to major economies, in contrast to trade restrictions levied against China by the United States and the European Union.

Following Cambodia's recent progress in the long-delayed Khmer Rouge genocide trials and the prime minister's promises to battle corruption, Cambodia has received a strong vote of confidence from international aid donors. Its top donors gathered at the Cambodian Development Cooperation Forum in Phnom Penh on June 19-20 to offer significant increases to Cambodia's official development assistance (ODA). At a meeting that included representatives from the United States, Japan, Europe, International Monetary Fund, World Bank and the United Nations, the annual forum offered a few well-worn critiques before pledging $690 million in ODA, a 15 percent increase since 2006.

ODA, which accounts for more than half the Cambodian government's budget, is a great boon for the Southeast Asian country's people and economy. Potential ODA increases will be limited in size, however, and in the long term it is FDI, not aid, that will allow Cambodia to solidify its economic gains. ODA can certainly help in terms of expanding infrastructure, but FDI is far more useful in developing a local economy, transferring skills and technology, generating sustainable government revenues and nurturing local business. Less liquid than loans or aid, FDI represents a strategic, long-term wager, banking on a region's potential, not its pitfalls. While FDI flows increased to $381 million in 2005, up 34 percent year-on-year, investment remains relatively small and isolated to a few key sectors. Industries such as garment products and tourism account for most foreign investment, benefiting as they do from low taxes and the ability to utilize urban infrastructure.

Despite its strong profile, critical hurdles remain for FDI in Cambodia. Cambodia's well-known, widespread corruption and weak legal and financial systems deter all but the most speculative investors. For any sound, significant investment to occur, companies must have some guarantee that their rights to ownership and profits will be protected in the long run. Despite other incentives, no such guarantee exists in Cambodia's system. Corrupt, inconsistent legal administration and lengthy, costly and unclear arbitration systems plague business activity nationwide. All this is no secret; Cambodia ranked 151st out of 163 countries in Transparency International's Corruption Perceptions Index for 2006, a worse showing than Tajikistan and Nigeria.

In addition, groups such as Human Rights Watch and Global Witness continue to direct heavy criticism toward Cambodia regarding political freedom, environmental and human rights issues. These groups will keep many Western investors sensitive to activist pressure and public image out of Cambodia.

Although the progress of the genocide tribunal has been lauded by the international community, likely leading to increased ODA and moderately better public relations for Cambodia, these gains are not enough to produce sound and sustainable investment in the domestic economy. Vietnam and the Philippines, which have more reliable laws, better infrastructure and fewer international hot-button issues, have proven more attractive for potential FDI. As long as the legal system remains unreliable and opaque, large investors interested in long-term profit will stay out, unwilling to gamble valuable investments on the whims of corrupt officials. For now, Cambodia will attract mostly highly speculative smaller investments from sources immune to social pressures and lacking in sound strategic investment techniques.

There are a few distant glimmers of hope. New arbitration and anti-corruption laws, as well as proposals to establish a legal framework to ensure the equitable distribution of potential oil and natural gas revenues, are reportedly in the works. Until pressure for reform builds significant momentum, however, Cambodia has an awfully long way to go before it can meet sound investor standards, top stiff regional competition and open the floodgates to large-scale mainstream FDI.

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