Weak rule of law, Judiciary not independent, Freedom of speech and assembly undermined: Surya Subedi on Hun Xen's Cambodia

Judiciary, Rights Efforts ‘Weak’: UN Rights Envoy

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
02 October 2009

The Cambodian government rejected a report by the UN’s human rights envoy, who characterized the country’s judicial system and human rights efforts as “weak.”

Suriya Subedi, the UN special rapporteur for human rights, replaces Yash Ghai, who had a prickly relationship with the government and especially Prime Minister Hun Sen.

Government spokesman Khieu Kanharith said Friday Subedi “did not see the whole thing.” He added: “He listened to lazy staffs who work here, and he did not check.”

Subedi said in an October report: “The rule of law is weak in the country. The judiciary is not as independent as it should be. Some of the core political rights such as the freedom of expression and peaceful assembly have been undermined.”

Subedi said Cambodia’s defamation laws have gone beyond a permissible level in restrictions on the freedom of expression under the 1966 International Covenant on Civil and Political Rights to which Cambodia is a party.

Ny Chakriya, chief of investigation section for the rights group Adhoc, said that in light of the report the government should review its human rights situation.

“It is simple for the government to deny the UN’s report, but the most important thing is for the government to consider what [Subedi] raised in his report,” he said. “The government denial is unacceptable.”

Yim Sovann, spokesman for the opposition Sam Rainsy Party, agreed with the report, saying, “many UN representatives in Cambodia are always raising the same human rights issues in Cambodia.”

Basic freedoms restricted in Cambodia: Surya Subedi

Surya Subedi (Photo: Reuters)

Basic freedoms restricted in Cambodia, UN rights expert reports

Source: UN News Centre

1 October 2009 – An independent United Nations expert today voiced concern about the human rights situation in Cambodia, noting in particular that the judiciary is not as independent as it should be and the basic freedoms of expression and assembly are being restricted.

Reporting to the UN Human Rights Council, Surya Subedi called for improvements to the overall human rights situation in the South-East Asian nation.

“The rule of law is weak in the country. The judiciary is not as independent as it should be. Some of the core political rights such as the freedom of expression and peaceful assembly have been undermined,” said the Special Rapporteur on the situation of human rights in Cambodia.

Mr. Subedi noted that the country’s defamation laws have gone beyond what is a permissible level of restriction on freedom of expression under the 1966 International Covenant on Civil and Political Rights to which Cambodia is a party.

He added that the spirit of the provisions guaranteeing freedom of speech in international human rights treaties is to treat any matters relating to restrictions on such freedom, including defamation issues, under civil law rather than criminal law unless such matters are of a grave nature and pose a threat to national security or public order.

Also of concern is the issue of impunity and land evictions, which he said have not been addressed as thoroughly as they should be.

Nevertheless, he said he is encouraged by the fact that the Government is willing to constructively engage with him and other UN human rights entities, calling it “a major step in the right direction.”

He added that the Council should encourage the Government to take concrete action to implement its obligations under various human rights treaties under a strict timeframe.

Mr. Subedi, like all Special Rapporteurs, carries out his mandate in an independent and unpaid capacity, and reports to the Geneva-based Human Rights Council.

Tea Banh: Another master fib-teller in Hun Xen’s administration?

According to DAP news, Tea Banh told reporters that, regarding the criticisms raised by the opposition MP [Mu Sochua] and NGOs in the US regarding the violations of human rights and democratic principles, the US government does not pay attention to these issues, nor does it care about them. Yet, the US embassy in Phnom Penh issued in its press release regarding Tea Banh's visit to the US: "Our goals are to develop the capabilities of the Royal Cambodian Armed Forces in these areas, while encouraging Cambodia's commitment to the rule of law, transparency in governance, sustained democratic development, and respect for human rights." Now, you be the judge, who's telling fibs, who's not?

Vice-PM Tea Banh: US warm welcome, unlike the 1995 visit

23 September 2009
DAP news
Translated from Khmer by Heng Soy

At 10PM on 23 September, vice-PM Tea Banh, the minister of Defense, returned back to Cambodia following his official visit in the US.

Tea Banh told reporters at the Phnom Penh international airport that, during this visit to the US, he received a major welcoming from the US government, in particular from Robert Gate, the US Secretary of Defense, who greeted him in a manner that is so different from the one Tea Banh received during his first visit to the US in 1995.

Tea Banh also talked about the results of the bilateral talks with Robert Gate. He indicated that, up to now, the US provided aids to Cambodia through 121 plans, in particular, in the anti-terrorism cooperation, in human trafficking and in various other issues. The US government will continue to provide help and strengthen and develop its cooperation with Cambodia.

Tea Banh added that in 2010, Cambodia will prepare its first military exercise with the participation of 2,000 soldiers under the US support.

Tea Banh also indicated that the US government welcomes peaceful border resolution between Cambodia and Thailand.

Regarding the criticisms raised by the opposition MP [Mu Sochua] and NGOs in the US regarding the violations of human rights and democratic principles, Tea Banh confirmed that the US government does not pay attention to these issues, nor does it care about them.
-----
KI-Media note: Click here to read the press release by the US embassy on Tea Banh’s visit to the US, in its statement, the US clearly stated: “Our goals are to develop the capabilities of the Royal Cambodian Armed Forces in these areas, while encouraging Cambodia's commitment to the rule of law, transparency in governance, sustained democratic development, and respect for human rights.” Either Mr. Tea Banh fell asleep when this issue was raised during his trip to the US, or he is a master fib-teller [Fib: A fib or fibbing, a type of deception; an untruth (Wikipedia)]

Government's stock market plans under fire [-Sam Rainsy: they can manipulate the market, so that their cronies make money at the expense of the poor]

17/09/2007
Radio Australia
Australian Broadcasting Corporation

The Cambodian government says it wants an exchange set up within two years and has enlisted the help of South Korea to achieve its end. But the opposition says the country isn't ready, and fears ordinary investors will end up losing out.

Presenter - Tom Fayle, Speaker - Sam Rainsy, Cambodian opposition leader; Bret Sciaroni, lawyer and chair, American Cambodian Business Council;

FAYLE: Cambodia's economy may be booming, but development is still largely reliant on the millions of dollars pumped into the country each year in the form of international aid. And this is despite a recent surge in bank deposits. The trouble is, much of the cash flowing into the banking system is being held short term. Those who need to, simply find it too difficult to mobilise enough long-term funding for investment. Brett Sciaroni is a Phnom-Penh based lawyer, and chair of the American-Cambodian Business Council. He's among those in the business community that supports the government's ambitious plans, at least in principle.

SCIARONI: It's not a problem for Cambodia to have a stock market, so long as it's done the right way. This is a challenge for Cambodia, that it's trying to catch up in terms of human resources, to have the people in place. But for me, I think it's a good idea, it's a good objective to strive for, and the faster we can have it, I think the better is for the Cambodian economy.

FAYLE: Cambodia's opposition leader, Sam Rainsy, himself a former finance minister, sees it somewhat differently.

RAINSY: My concern is the lack of transparency, and the rampant corruption that is prevailing in Cambodia. As long as we don't ensure the rule of law, as long as we don't fight corruption, any stock exchange in Cambodia will not function properly.

FAYLE: But is it not important for an economy, a developing economy, like Cambodia, to have a stock-market, to be able to funnel capital into development?

RAINSY: We realise that. We support the idea of creating a stock market in Cambodia. But we want to ensure that the right conditions are met. The long awaited law against corruption has not been passed by the National Assembly yet, and there is no indication that the government is willing to curb corruption.

FAYLE: But Brett Sciaroni, of the American Cambodian Business Council, says while he personally supports anti-corruption legislation, the passage of such of a law should not hold up the development of a local securities market. And he argues that if done correctly, the introduction of a stock exchange will inevitably lead to greater transparency, even if the 2009 target date is a tad ambitious.

SCIARONI: If the stock market here has the kind of disclosure rules that other stock markets have, it means that for local companies, they will have to fully disclose critical information about their companies. As local companies understand that this is a source of revenue, there'll be a trade off. They'll have to disclose what they are doing, and a lot of local companies don't disclose much about their activities publicly. But in order to get listed, they'll have to - so they'll see the trade off between the need for capital and the disclosure of information which has heretofore been held pretty closely.

FAYLE: Sam Rainsy, though, says the level of government control of the new oversight body, the Securities Commission, means potential investors need to be on their guard.

RAINSY: I am afraid that when they say control, they can manipulate the market, so that their cronies make money at the expense of the poor innocent investors - meaning that the Cambodian who could be attracted by by quick gains. We have to warn potential investors, small and big, to be careful, at least at the early stage of the Cambodian stock market.

FAYE: In short then, is the country ready for such a stock market?

RAINSY: No, in short, in one word, "No".

Cambodian stock exchange plans criticised

17/09/2007
Australian Broadcasting Corporation

Cambodia's opposition leader says the country isn't ready for a planned stock exchange, and ordinary investors will end up losing out.

The Cambodian government says it wants an exchange set up within two years, and has enlisted help from South Korea.

Opposition leader Sam Rainsy has told Radio Australia's Connect Asia program he is concerned about the transparency of the stock exchange.

"As long as we don't ensure the rule of law, as long as we don't really fight against corruption, any stock exchange in Cambodia will not function properly," he said.

Brett Sciaroni, chair of the American Cambodian Business Council, says the passage of anti-corruption legislation should not hold up development of a local securities market.

And he argues that if done correctly, the introduction of a stock exchange will inevitably lead to greater transparency from local businesses.

"There'll be a trade off - they'll have to disclose what they're doing," he said.

"So they'll see the trade-off between the need for capital and disclosure of information which has heretofore been held pretty closely."

Hundreds Protest Land Grab

Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
13 September 2007

Three hundred villagers gathered in the capital of Bantey Meanchey province Thursday to protest a court's ruling in a land dispute.

Villagers say a company worked with local officials to steal their land, and the court's finding against them was unjust.

Yim Sophat, 56, the leader of the protest, told VOA Khmer he "never had a conflict with anyone until now."

Land grabbing is a growing problem in Cambodia, with the rural and urban poor increasingly finding themselves landless and homeless after underhanded dealings with companies by government or military officials.

Two Arrested After Police Official Murdered

Chun Sakada, VOA Khmer
Original report from Phnom Penh
10 September 2007

Authorities were holding two men Monday after the murder of a deputy chief of military police, officials said.

Col. Reth Nika, 27, was gunned down on a busy Phnom Penh street Sunday evening. He had fled his Mercedes after it was chased by an SUV and became stuck in traffic, Agence France-Presse reported Monday.

Gunman ran after Reth Nika and caught up with him in a pagoda, where they shot him dead, AFP reported.

Two suspects had been arrested and a third man thought to be involved died from injuries sustained during a shootout, Phnom Penh Police Chief Touch Naroth said. Police suspected a personal grudge and were searching for two more suspects, he said.

AFP reported the dead assailant as Rath Sorady, 20, a policeman with the Interior Ministry.

Keo Remy, first vice president of the Human Rights Party, called the shooting a "brutal" example of the "killing anarchy" brought about by weak rule of law.

Chan Saveth, an investigator for the rights group Adhoc, said his group was investigating the shooting.