Showing posts with label Graft. Show all posts
Showing posts with label Graft. Show all posts

Monday, September 03, 2012

Two officials sacked over land ‘graft’

How about this land thief, when will he be sacked?
Monday, 03 September 2012
Kim Sarom
The Phnom Penh Post

Kampong Chhnang authorities had sacked the Teuk Phos district governor and police chief after subordinate officers accused them of conspiring to sell almost 300 hectares of state-owned forest land to a private company, provincial officials said yesterday.

According to a Kampong Chhnang official who declined to be named, Ou Sakhorn and Kem Sareth, the governor and police chief of Teuk Phos respectively, were dismissed after multiple subordinates alleged that Sakhorn had used their names to divvy up and sell land in Thnol Keng and Preach Chruov villages, then pocket the proceeds.

But provincial police commissioner Ath Khem denied the dismissal stemmed from the graft accusations, saying that it was simply a routine “rotation for government officials”.

Friday, December 16, 2011

Ex-French President Convicted of Graft

Jacques Chirac, pictured in November 2010. (Agence France-Presse/Getty Images)

DECEMBER 16, 2011
By INTI LANDAURO
The Wall Street Journal

PARIS—A French court on Thursday sentenced former President Jacques Chirac to a two-year suspended jail term after his conviction on graft charges, the first time a former head of state has been convicted by a court in the post-World War II era.

Mr. Chirac, who had denied the accusations ahead of the criminal trial, won't appeal the ruling, his lawyer Georges Kiejman said.

Mr. Chirac, 79 years old, who ruled France for two terms from 1995 to 2007, didn't attend the trial after judges granted him a dispensation on the grounds that he is suffering from severe memory loss. He could have faced a sentence of as long as 10 years.

Wednesday, January 26, 2011

Vietnamese banker linked to graft

Le Duc Thuy , governor of the State Bank of Vietnam speaks to reporters in Hanoi, Vietnam on Tuesday, August 22, 2006.The former head of Vietnam’s central bank has been linked to an Australian banknotes scandal, with media reports alleging that bribes helped pay for his child’s British university education. (Photo by: Bloomberg)
Wednesday, 26 January
AFP

Melbourne newspaper The Age said polymer notemaker Securency, then partially owned by the Reserve Bank of Australia, paid for Vietnamese bank governor Le Duc Thuy’s child to attend the University of Durham using a “secret slush fund”.

Thuy, head of the Vietnamese central bank between 1999 and 2007, is now chair of the National Finance Supervision Council.

Securency is embroiled in a long-running investigation into claims its agents offered bribes to officials in countries including Indonesia, Vietnam and Malaysia to win contracts.

Police arrested several people in Britain, Spain, Australia and Malaysia last October.

Sources told The Age the Securency “slush fund” was established with some of the A$15 million (US$14.95 million) in commission paid to middleman Anh Ngoc Luong for helping win huge banknote contracts in Vietnam between 2002 and 2009.

Thursday, April 29, 2010

ANALYSIS: Graft likely to remain dominant feature in Cambodia

The corruptor-in-chief? (Photo: AFP)

Thu, 29 Apr 2010

By Robert Carmichael
DPA


Phnom Penh - Cambodian Prime Minister Hun Sen this week told a gathering of business leaders and government officials in Phnom Penh that there was no corruption in a deal by mining giant BHP Billiton Ltd, which pulled out of the country last year.

BHP Billiton, which is not saying much, is being investigated by the authorities in the United States and Britain for possible corruption offences. A number of media reports have cited Cambodia as one country where it might have paid bribes.

"They say that the company that explored for bauxite gave money illegally to Cambodia," Hun Sen was quoted as saying in the Phnom Penh Post newspaper. "We should ask: How can they bribe? It cannot be possible."

However, that seeming impossibility is well in line with international perceptions of the impoverished nation. Corruption monitor Transparency International rated Cambodia as one of the world's most corrupt countries, placing it 158th out of 180 countries with first spot going to the least corrupt country.

And you do not need to look hard in Phnom Penh to see the fruits of corruption. The streets are full of luxury vehicles, often driven by government employees whose official monthly earnings are just a few hundred dollars yet who live in expensive homes.

No one knows how much is siphoned off each year, but the US ambassador provided some indication last year - and riled the government - when she publicly said that graft costs Cambodia 500 million US dollars annually. That is around one-quarter of the national budget.

Cambodians are well aware of the problem. A 2007 study by independent market researchers Indochina Research examined attitudes toward corruption and found it is pervasive.

The report, called Perceiving and Fighting Corruption in Cambodia, noted that government employees routinely pay to get their low-paid jobs which means they need to extort money to recoup their "investment."

Half the respondents in the study blamed government salaries of less than 100 dollars a month as the main cause of corruption although they also pointed to greed and lust for power.

But likely the most significant finding was that Cambodia's judiciary was perceived as the most corrupt body. It is hard to fight graft when the mechanism needed to solve corruption is its biggest obstacle.

"Rigorous law enforcement must go together with salary improvement: The former is considered a necessary factor to reduce corruption," the report concluded. "This is a challenge given that the judiciary is unanimously considered the peak of corruption."

The extent and importance of graft explains why it has been on the donor reform wish list for 15 years. Finally in March, there was some good news when parliament passed a law the government claimed would combat the scourge.

But the law's many critics were not persuaded. They said the law is weak and flawed and maintained that political will to act against corruption is lacking.

But the new law does have some supporters. Bertrand de Speville is a leading international anti-corruption specialist and until 1996 headed Hong Kong's Independent Commission Against Corruption.

De Speville said a successful anti-corruption drive requires three elements: enforcement of the law, measures to prevent corruption and educating people about it.

"Their close coordination is the key," he said via e-mail. "Each of them is essential [and] they are interdependent - a success in any one of them enhances the other two."

But he warned that neglecting one would see the effort fail and added that political will is the "first essential."

De Speville was broadly positive about Cambodia's new law, saying it "provides a reasonably sound foundation" to combat graft, but he also pointed out some problems.

"The declaration of assets and liabilities regime is of very limited value," he said by way of example. "It fails to meet its true objective, namely the identification of conflicts of interests, and does not require declaration of the assets of spouses, parents and children."

Chea Vannath, an independent analyst and prominent campaigner against corruption, echoed de Speville's emphasis on education. So does she think the law is strong enough and the political will exists to make it work?

"Not in the near future because we are talking about reform, and for reform, you need a critical mass to make things change," Chea Vannath said. "[But] if among people in government [there are those] with a strong willingness to fight corruption, we might see hope."

Wednesday, November 26, 2008

Cambodia's donors risk disaster with blind eye to poor governance of country's oil and minerals

London, 25 November 2008
Global Witness

For immediate release

Cambodia's international donors must insist on improved governance and transparency of Cambodia's oil and mining sectors at the upcoming Cambodia Development Cooperation Forum, anti-graft watchdog Global Witness said today. Governance of the sector is so poor that the donors risk losing the best chance in a generation to lift Cambodia out of poverty as well as wasting taxpayers' money from donor countries.

Ambassadors from donor countries - which provide the equivalent of half of Cambodia's annual budget - are scheduled to meet in Phnom Penh next week for a yearly review of the government's progress in meeting reform targets set at their last meeting. Hardly any of the commitments made by the Cambodian government for improving governance and human rights in the past five years have been met, yet development aid has continued to flow (see attached chart).

"Cambodia is on the verge of a petroleum and minerals windfall, but both sectors are already exhibiting early warning signs of the corruption, nepotism and state capture which plagued Cambodia's forest sector," said Global Witness Campaigns Director Gavin Hayman. "With the imminent arrival of significant revenue from oil and mining, 2008 could be the donors' last chance to use their leverage to put conditions in place to improve the lot of the average Cambodian."

Global Witness has surveyed Cambodia's oil and mining sectors and found that the small number of elite powerbrokers who run the state have sold off potentially valuable concessions to foreign companies in a manner that is non-transparent and highly dubious. So far, at least 60 mineral exploration licenses have been allocated to private companies, many of which are owned or beneficially controlled by members of Cambodia's political and military elite. All of the offshore oil concessions in Cambodian territory have been allocated and at least one of Cambodia's onshore oil blocks in the Tonle Sap basin has been granted for exploration.

To date, basic transparency or anti-corruption provisions in the allocation of the state's public assets have not been met. The government has not held any public open-bidding rounds for oil or mining rights, has failed to publish information on which companies have been awarded access to the resources, and has backtracked on endorsement of the Extractive Industries Transparency Initiative (EITI).

"Decisions are being made now about the allocation of the country's oil and mineral resource wealth, which will determine whether the revenue generated moves the country out of poverty or headlong into the resource curse. It's crunch time for the donors," added Hayman.

Global Witness is calling for donors to insist on a moratorium on the granting of any new concessions in the oil and mining sectors until the government has the basic legal, social and environmental framework in place to manage them and the revenues produced. Also, given the complete lack of transparency in the industry to date, a review of all existing concessions is needed to ensure Cambodia is getting a fair deal.

Global Witness plans to publish a report on Cambodia's extractive industries in early 2009.

For further information please call +44 207 561 6385 or +44 7872 600870

Tuesday, July 22, 2008

Cambodia's Premier in Strong Position Ahead of Vote


Hun Sen Has Steered Economic Miniboom, But Graft Abounds

July 22, 2008
By PATRICK BARTA
Wall Street Journal

"The kind of growth we are having now is not sustainable or equitable," contends Sam Rainsy, a French-educated former finance minister who leads a prominent opposition party
PHNOM PENH, Cambodia -- Prime Minister Hun Sen, whose party is expected to win re-election here Sunday, is credited by many Cambodians with guiding their country to become one of Asia's newest investment hot spots.

After enduring one of the worst genocides in history, a new Cambodia now features skyscrapers, foreign investors and stability. This week's national election will serve to show just how far the country has come.

But keeping the economic recovery on track in Cambodia -- a nation best-known for its genocidal 1970s Khmer Rouge regime -- is getting more difficult in the face of a global slowdown, regional competition and entrenched corruption.

Mr. Hun Sen opened Cambodia's doors to foreign investors and has overseen notable improvements in living standards. Economic growth has surged 10% or more annually in recent years, driven by an influx of investment funds, property speculators and a few big multinationals, including Chevron Corp. and BHP Billiton.

Phnom Penh, the capital, recently got a new fleet of metered taxis, and it soon will have its first skyscrapers, including a 42-story luxury condominium tower rising up next to an office for a national antileprosy campaign. In brochures, the project's South Korean developers compare the building -- which boasts a grass-covered "sky park" on its 10th floor -- to Manhattan's Time Warner Center.

But attracting a lot more investment will depend on Cambodia overcoming its reputation as one of the world's most corrupt countries. It ranks among the worst on Transparency International's annual list of graft-ridden nations, with 72% of its residents reporting they paid at least one bribe in the past year -- roughly on par with Cameroon and Albania. Opposition leaders and others say a more pervasive rule of law is needed to sustain the boom by making Cambodia attractive to blue-chip foreign investors who currently prefer countries such as Thailand or Vietnam.

Many economists believe Cambodia's miniboom is already fading. Growth has been fueled by just a few sectors -- notably tourism, construction and garment manufacturing. Inflation is soaring, pushed by higher fuel and food prices, and the new garment factories around Phnom Penh are facing new competition as China expands its textile output and global demand slows.

The International Monetary Fund predicts growth of Cambodia's economy will slow to about 7% this year, in part because of slowing garment exports.

Mr. Hun Sen has "delivered political stability, and that has translated into economic growth," says Arjun Goswami, country director for the Asian Development Bank in Phnom Penh. But, he adds, "the story is going to get more difficult for Cambodia."

Economic issues have played an important part in the election campaign. "The kind of growth we are having now is not sustainable or equitable," contends Sam Rainsy, a French-educated former finance minister who leads a prominent opposition party. Much of Cambodia's economic activity, he notes, involves illegal businesses or black-market operations: illicit logging, land speculation, gambling and prostitution. Such businesses thrive, he says, because of a political system permeated with graft.

Ruling-party leaders have dismissed some allegations of graft as exaggerated, and promised to pass legislation to rein in corruption in the future.

Though small, Cambodia could become a major investment site. It has significant deposits of bauxite, gold and other minerals, and energy companies have recently found sizable oil deposits off its coast. The country also has large areas of arable land that could be developed for rice and other crops to help meet Asia's growing demand.

Much of that potential was squandered as Cambodia suffered through wars and atrocities in recent decades. Cambodia became independent from French colonial rule in the 1950s, but was bombed heavily by U.S. forces during the Vietnam War. It later fell to the Khmer Rouge, a home-grown Maoist rebel group whose leaders, including the notorious Pol Pot, outlawed money and private property in a disastrous bid to create a nation of agricultural collectives. Some 1.7 million people -- about a fifth of the population at the time -- died of illness or starvation or were killed.

Invading Vietnamese forces eventually ousted the Khmer Rouge and installed Khmer Rouge defectors, including Hun Sen, in a new government. He became prime minister in 1985. A battle-hardened soldier-turned-politician -- he lost an eye in combat -- Mr. Hun Sen survived Cambodia's transition to nominally democratic rule in 1993 and has since fended off all challengers to his rule, including a violent coup in 1997 against a rival with whom he shared power.

Despite his government's reputation for corruption and its strong authoritarian streak, Cambodians re-elected Mr. Hun Sen's party in 1998 and 2003, and he has remained popular among many Cambodians who believe the country is better off than it was a decade ago.

A party victory in Sunday's national parliamentary elections would give him another five years in power. Now in his late 50s, he has said he plans to stay in power until he is 90 years old. In a speech earlier this year, he said, "I wish to state it very clearly this way: No one can defeat Hun Sen. Only Hun Sen alone can defeat Hun Sen."

To sustain popular support, the government has rebuilt schools and repaired roads, in part with money provided by foreign donors. It has also made it easier for foreigners to visit and invest in the country, stoking a surge in tourist arrivals and hotel and office construction.

Mr. Hun Sen's party "has done a lot to improve the country," says Sokna Tea, a 20-year-old finance student who was hanging out one recent afternoon near a new $1 billion property development expected to include a 52-story tower and convention center. Many Cambodians simply believe Mr. Hun Sen's victory is inevitable or fear that a vote against his government could lead to political unrest.

Despite some reports of campaign-related violence, independent election observers say they expect the vote to be fair, and campaigning for the dozen or so parties contesting the vote has been vigorous. Mr. Hun Sen's political organization, the Cambodian People's Party, is backed by many of the country's wealthiest tycoons and has deep pockets, allowing it to vastly outspend the smaller opposition groups.

Some economic analysts say controlling Cambodia will become harder for Mr. Hun Sen, especially if rising food and energy prices undermine the recent gains in poverty reduction. More than half of Cambodia's population of 14 million is under 21 years old, and many youths are better educated than their parents, meaning they will likely demand more from their government in the future.

"I want something more than stability," says Theary Seng, a social activist in her 30s who has lived in the U.S. and now is the executive director of a Phnom Penh watchdog group known as the Center for Social Development. After all, she says, "North Korea has stability."

Write to Patrick Barta at patrick.barta@wsj.com

Friday, February 15, 2008

The Casino industry in Cambodia will bring in only a paltry sum of $20 million in tax in 2008 [-A sign of graft and corruption?]

Casino industry to provide 20 mln USD of tax for Cambodia in 2008

14/2/2008
ShanghaiDaily.com

The burgeoning casino industry is expected to provide US$20 million of tax revenues for the Cambodian government in 2008, said national English-Khmer newspaper the Cambodian Daily today.

It contributed tax revenues of US$18 million in 2007, US$16 million in 2006 and US$12 million in 2005, the paper quoted statistics from the Ministry of Economics and Finance as saying.

The government calculates tax bills based on how many card tables and slot machines each establishment has, it said, adding that five new casinos opened in 2007, bring the total number to 29.

Currently, the largest casino concentrations are along the national borders, with 15 on the Thai frontier and 10 on the Vietnamese, as well as three in Sihanoukville and on in Phnom Penh.

Wednesday, February 13, 2008

Corruption in Public Works Ministry's $40-Million Road Repair Projects Feared

Sun Chanthol
29 Jan 08
By Den Sorin
Moneakseka Khmer

Translated from Khmer by Anonymous

An official of the Ministry of Economy and Finance [MoE&F] said that the Asian Development Bank (ADB) gave Cambodia more than $40 million for repairing 950 kilometers of roads throughout the country. This road repair does not specify which roads will be repaired so long as they are roads throughout Cambodia estimated to be some 950 kilometers that need repairing. This length of damaged roads needing repair would require some $40 million in expenses that would be granted by the ADB.

A MoE&F official said that according to the agreement, the ADB has handed over this money to the Ministry of Public Works and Transport [MoPW&T] to handle. But in reality, the money is under the control of the Council of Ministers Cabinet. Before the MoPW&T spends the money, it has to get prior approval from the Council of Ministers or it would have no authority to spend this money.

Sun Chanthol, minister public works and transport who is a son-in-law of Khaou Chuly, owner of the K-Cement Company of Kampot province, is known to be ready to defect to the Cambodian People's Party [CPP]. Sun Chanthol is a former official of the FUNCINPEC [National United Front for an Independent, Neutral, and Peaceful Cambodia] Party and was state secretary for the MoE&F from the FUNCINPEC quota in the first government.

According to a senior FUNCINPEC Party that is on the verge of collapse, Sun Chanthol is not a former resistance fighter nor is he an activist of the FUNCINPEC Party. He joined FUNCINPEC during the first general elections. He just contributed some tee-shirts with the FUNCINPEC logos on them and, in return, he was awarded the post of state secretary for the MoE&F. After the 1997 coup d'etat Sun Chanthol disappeared from the public eyes for a while. Some FUNCINPEC officials said that he was waiting to see which direction the wind blew. Now his waiting paid off. After FUNCINPEC tumultuously expelled Prince Ranariddh, he turned to Nhiek Bun Chhay and has since been made minister of public works and transport.

The official at the MoE&F who asked to remain anonymous said that in a developing country like present-day Cambodia the MoPW&T is a very lucrative post because Cambodia needs to build roads and bridges and most of the foreign grants and loans are for building roads and bridges. However, because Sun Chanthol is not a CPP official, Hun Sen would not let him gobble all the money alone. He has transferred the bulk of the budget for the construction of roads and bridges to the engineering corps. Nowadays, the MoPW&T can build only a small number of roads and bridges while Hun Sen gives the rest to the engineering corps with Khvan Siem as commander to build.

The MoE&F official said that although the more than $40 million was the grant from the ADB, which was entrusted to the MoPW&T to control and manage, but this money was also under the supervision of the Council of Ministers Cabinet. Therefore, this money is not entirely handled by the MoPW&T. A large part of it is under the control of the engineering corps as well. However, although the engineering corps and the MoPW&T are the ones who build roads and bridges, the Council of Ministers still is going to get a big cut out of the construction budget. This is why the Council of Ministers is keeping the money.

The MoE&F official said that the projects to build roads, irrigation networks, bridges, and other facilities, if they are financed by the ADB, always have to go through biddings, meaning that it is a little bit difficult for government officials to lay their paws on this money. However, the money for repairing roads and bridges that are damaged in spots is not subject to biddings. Consequently, the corrupt officials have a chance to swallow it.

The MoE&F official further said that more than $40 million is a lot of money. If the aid donors do not control it or monitor it with care, it would not escape being embezzled by the corrupt officials. If the money falls into the hands of the corrupt officials it is not different from giving steroid injections in their arms. As for the Cambodian people, they will continue to be poor.

At every forum to inaugurate social constructions, Hun Sen always boasts about his achievements. However, most of the constructions are financed with foreign grants or foreign loans. The national budget accumulated by the government for national development is scarce. Therefore, if these corrupt officials steal from the national coffers, they should not steal from foreign aid, too, because the aid donors have declared that they want to aid the Cambodian people. Anyway, in the end, the foreign aid still ends up in the hands of corrupt officials.

Tuesday, February 12, 2008

The large rewards and huge pitfalls of doing business in Cambodia: Russian roulette?

Alexander Trofimov, the Russian chairman of the Koh Puos Investment Group (KPIG) who was arrested in October 2007 for debauchery in Cambodia. Could he be the Russian businessman described in the story below? (Photo: AP)

Just another example of the workings of some members of the upper Cambodian political hierarchy?

Monday, February 11, 2008
Originally posted by KJE at:
http://about-cambodia.blogspot.com/2008/02/just-another-example-of-workings-of.html

This draft report was submitted by J. Rupert, a free-lance reporter in SE Asia.

A Russian-American businessman from New York, who came to the U. S. 19 years ago and has since become a naturalized U. S. citizen, came to Cambodia in June of 2006 the first time. He met a Cambodian government official who happened to speak Russian, giving them some common ground. A friend who was also visiting in Cambodia introduced him to the official at that time.

The American businessman, 50, runs a consulting and investment business in the U.S. looking for opportunities in under-developed countries. He has wide-ranging contacts in the private equity capital world in the U. S., including Blackstone and the Texas Pacific Group, both big players in the business. He holds a degree in economics from the University in Kiev and currently pursues projects in Bosnia.

The Cambodian official indicated that there were great opportunities for foreign investors in Cambodia as the government was actively seeking foreign investment to develop and exploit the resources of that country. The endeavors of the government had in the past been rather futile as they had always hooked up with companies from China, Korea, Taiwan and other threshold countries, that were long on promises but short on actual accomplishments. They were now happy to be dealing with a U. S. based company, which automatically elevated their efforts into the realm of credibility and, they believed, feasibility.

The American businessman invited the Cambodian official to New York at the end of 2006 to familiarize him with his business.

As a result of that alliance they started a Cambodian-U. S. company in Phnom Penh to pursue investment objectives. The company was registered in January 2007. The shares were distributed at 51% for the Cambodian official and 49% for the U.S. businessman. The Khmer gentleman was the president and CEO, and the American the director and chairman. The initial paid-in capital according to the by-laws was to be $300,000, of which the American paid in $155,000 with the Cambodian’s share deferred until another cash-earning transaction had been finalized, which would then allow him to pay in his share.

Eventually, the company was awarded vast concessions. It did not have to pay any up-front fees but was solely required to donate $15,000 to the fight against poverty in Cambodia. Needless to say that the Cambodian official played a vital role in helping these negotiations along in favor of the company, being the majority share-holder in it. If these investments came to fruition the windfall profits for the company would be phenomenal.

An agreement between the company and the Cambodian government was signed in Phnom Penh. The Cambodian official also managed to get an audience with King Sihamoni for both himself and the American businessman and other representatives in this very promising enterprise.

In March of 2007 the Cambodian official indicated a good short-term business opportunity to the American. The Cambodian official had found out one of the smaller banks operating in Cambodia was for sale. He asked the American businessman to help find buyers. Through his widespread connections the American, with the help of a friend, was able to get a group of businessman from one of the former Soviet republics interested in this. Another friend of his, a Canadian attorney, drew up the necessary paperwork. The bank was eventually sold to a company from that former Soviet republic for $25 million. The $25 million deal was initially supposed to be signed in New York and paid into an account at a large U. S. bank. The money was going to be wired from Latvia. The U. S. bank refused to accept the funds on the grounds that their origin was not identifiable; in other words, they had their doubts whether or not those funds came from legitimate sources. Eventually, the funds were handled through Singapore.

The company, as the agent, received a commission of $1.2 million. On completion of the deal at or around the end of June 2007 the bank handed over a check made out to the company in that amount. This check was deposited into the company’s account at that bank at the end of June.

On the Monday following the deposit the American businessman went to the bank only to find out that almost the complete funds had been withdrawn, $550,000 had been transferred into the Cambodian official’s personal account. He had also withdrawn $200,000 of that money in cash. The bank posted only a $1.0 million debit as a check deposit.

When he confronted the Cambodian official with this fact he was told that this is the way things are done in Cambodia and that the money was rightfully his as he had steered the American businessman to the sale in the first place. The Cambodian official agreed to pay back the American’s original stake in the company, $155,000, which had been declared as a loan, plus his commission of $50,000, altogether totaling about $215,000, to make a clean slate. When the American disagreed, asking for half the commission, the Cambodian official said he better go along with this deal if he valued his life. The American was so shocked by this direct threat on his life that he agreed to the deal. He received his money the same afternoon. He feared for his safety and checked out of his hotel and into another undisclosed hotel the same day. He hurriedly left the country the following day.

The American businessman, as a 49% owner of the Cambodian company, was rightfully entitled to 49% of the profits earned in that company. In Western companies this is done by distributing the net profits earned as dividends to the shareholders based on their holdings in the company. As the Cambodian official was the CEO he certainly had the right to manage the day-to-day business of the company including disbursing funds for business purposes but the arbitrary transfer of almost all business funds available in the account at that time into his personal account without the consent of the board was against the by-laws of the company. In countries that operate under the rule of law this would clearly constitute embezzlement.

His U. S. attorneys whom the American businessman had contacted back in New York obviously found it not feasible or practicable to pursue this case in a Cambodian court. He has not filed any charges. He also received an email from a friend in Cambodia saying that he had heard the American would be arrested the minute he set foot on Cambodian soil again. On what charges? Seeing another related story further down in this article it is easy to see what charges could be leveled against the American businessman, whether true or not.

When traveling to Cambodia in June of 2007 the American’s intention was to conduct further negotiations with the Cambodian government about the concessions and to inform them what he had accomplished in the meantime in terms of lining up more funding.

On returning to New York and on account of these events he decided to advise his investors that Cambodia is not ready for a major development along established business guidelines. He stated that some politician’s greed interfered with the regular and normal conduct of business in Cambodia and that a large portion of any investment might be sidelined into personal pockets.

During approximately the same period of time – from June 2006 onwards - there was another Russian businessman in Cambodia who negotiated with the government for some major tourist development. This was to be a $300 million project. The developer was to invest $5.0 million of his own money in the project and had paid a sizable concession fee to the Cambodian government. He had committed to raising the full investment funds from other Russian and Ukrainian businessmen who had made a lot of money in the new Russian economy and were looking for profitable investments. He submitted a business plan with detailed renderings of the development. As before, the Cambodian official also acted as a go-between to facilitate negotiations.

The Russo-American and the Russian had met through joint acquaintances in Cambodia and found some common ground in their business ventures and thought about raising the investment funds for the tourist development together. They were in the process of fine-tuning the budget and business plan for a presentation to potential future investors.

Surprisingly, the Cambodian official repeatedly mentioned to the American businessman that the tourist development was going to be available for bidding again shortly, which left the American businessman somewhat bewildered as he had entered into discussions with the Russian – the owner of the concession - about the funding for that project. He really didn’t know what to think of this. On account of the understanding with the Russian the company had even included the development on their website.

As is the custom with many foreign investors coming to Cambodia they are treated to some lavish Cambodian hospitality including visits to nightclubs with young hostesses at the investor’s disposal. The Russian’s sexual inclinations obviously ran to young girls under the age of 14. Here too, the Cambodian official lent a helping hand by arranging a steady supply of those girls for the Russian. The venue for such nights on the town usually was the well-known Club 99 in Phnom Penh. Other people present on those outings, among them the American businessman at one time; say that the Cambodian official sometimes did partake in those sexual escapades. The American businessman states that he declined the services of the hostesses.

The Russian was eventually arrested in October 2007 on child sex charges. He is sitting in prison awaiting trial. The disturbing question here is why the Russian was not arrested until October 2007 when the alleged incidents had occurred in the spring of that year. The parents of the girls had not filed complaints with the police in Sihanoukville until October.

It is widely believed that a sizable payment to certain officials would have made these charges go away. A man of means such as the Russian could also have compensated the girls and their parents generously for them to either not file the complaints in the first place or withdraw them later on. All this did not happen in this case of a prominent foreign businessman who had hitherto enjoyed the full support of government officials. Why not? Additionally, given the fact that other Asian nationals come to Cambodia to indulge in their preference for underage virgins, this arrest is raising some serious questions about the real motivations behind this arrest. The sale of young girl’s virginity is apparently never prosecuted by the authorities, as there is not a single incident known to the public where it was prosecuted, as opposed to news about Western pedophiles, which receive wide coverage in the media. This might lend itself to a very strong suspicion that the Russian ran afoul of a business associate who then orchestrated the complaints and the official charges and who had close ties to the Cambodian police precluding any attempt to whitewash these charges. One might assume that such an associate could only be a high Cambodian official.

In both cases the Cambodian official played a big role as facilitator and financial benefactor. Certainly, there was a huge conflict of interest as the Cambodian official was and still is a highly placed in the Cambodian hierarchy. He obviously wields enough influence on ministers and lesser officials to help decisions go according to his advice.

It is rather difficult to allege and prove criminal wrongdoing in the transfer of funds into his own account, as he did play a broker’s role in that deal. Was he entitled to almost $1.0 million for that? Naturally, the American businessman is angry and feels double-crossed. But definitely greed gained the upper hand in this event. If the American businessman had indeed procured investors for the industrial development, as he claims, the Cambodian official did not do his country a great favor by allegedly double-crossing his American partner in business.

Needless to say, that both the exploration and exploitation of those concessions will not happen in the near future. The Cambodian government will have to look for new investors. The tourist development, which raised some environmental concerns in the first place, is off for the time being, too, until a new investor has been found.

Given the history and circumstances of these two inter-related events it is doubtful that any serious investor, on hearing this story, would even begin to look at Cambodia. Though this may be a single incident, stories like this tend to cast a bad spell on Cambodian officials per se. It is obvious, though, that the American was rather naïve in not implementing the necessary checks and balances, which any prudent businessman would have done, whether or not he is dealing with a trusted partner. Many businesspeople from South Korea and China come to Cambodia to do business there unhindered and successfully, though there have been occasional reports of fraud committed by Cambodian businessmen. But then, these foreign investors sometimes commit fraud themselves.

Naturally, huge multinational companies such as Chevron wield so much clout worldwide and can afford to pay substantial fees to government officials that they can go about their business unhindered.

When asked how the Cambodian official might explain all these events the American said that he will most certainly deny any wrong-doing and claim that everything he did was legal, that he was within his rights, and that no threats were uttered. This would be hard to refute since there are no documents besides the bank transfer statements to corroborate the insinuations, innuendos, and, in fact, accusations contained in the American’s story. It is one of those “he said, he said”-stories.

Given the purported threat and the present situation in Cambodia where the law is enforced somewhat haphazardly, the writer did not feel comfortable contacting the Cambodian businessman for his comments. The names of the protagonists are being withheld for safety reasons.

The report was compiled on the basis of several emails from the American businessman and an extensive phone interview held on Tuesday, Nov. 06, 2007.

Friday, February 08, 2008

Money woes threaten Cambodia's Khmer Rouge tribunal

Fits and starts: Judges and court officers with the UN-backed tribunal in Phnom Penh seen on Thursday. The court says it needs $170 million to continue. (Photo: Heng Sinith/AP)

The tribunal trying Cambodia's former leaders says it needs to triple its $56.3 million budget to try up to eight defendants.

February 08, 2008
By Erika Kinetz
Correspondent of The Christian Science Monitor


Phnom Penh, Cambodia - The top surviving Khmer Rouge leader appeared in court this week for the first time, three decades after the virulent communist regime allegedly oversaw the deaths of some 1.7 million people in Cambodia.

Nuon Chea, thought by many to be the movement's chief ideologue, is facing charges of war crimes and crimes against humanity at a United Nations-backed tribunal that began work in 2006.

His presence in the docket should be a sign of success for the court, which many hope will undercut decades of impunity that have plagued this tiny nation. But the fitful progress of Cambodia's hybrid tribunal has once again bogged down under budget woes, a lingering management scandal, and real worries that the tribunal's five aging defendants could die before judgments come in.

The Extraordinary Chambers in the Courts of Cambodia (ECCC) now plans to spend $170 million to try up to eight defendants, a process it anticipates could take until March 2011, according to a Jan. 30 budget estimate.

That's a big increase from the court's initial three-year budget of $56.3 million – an amount unfathomable to many ordinary people in Cambodia who live on less than $1 a day.

Helen Jarvis, a tribunal spokeswoman, emphasizes that Cambodia's court looks like a bargain compared with tribunals in Rwanda and the former Yugoslavia, which have cost about $150 million a year. The Cambodian side of the court will start to run out of money in a matter of weeks, but donors have yet to publicly commit any funds.

"We recognize that a certain increase of the budget is justified," said one Phnom Penh diplomat on condition of anonymity. "We, however, are waiting for official clarification of these new figures and for detailed explanation of the considerable increase," he added.

Donor skepticism surged last year after reports revealed severe problems in hiring and management on the Cambodian side of the court. Allegations that Cambodian staff had to give money in exchange for their jobs have yet to be put to rest.

Now donors are looking for reassurance that their money will be well spent. The European Commission, which funds the Cambodian side of the court, has initiated an independent review to determine whether the court has made adequate reforms. Results may come in this month.

The United States, which has funded every major multinational criminal tribunal except the International Criminal Court (ICC), has yet to provide direct funding to the ECCC, despite signs late last year that the State Department was warming to the idea. President Bush's fiscal year 2009 budget request, released this week, doesn't include money for the tribunal, and the US Embassy in Phnom Penh says the issue is still being reviewed.

Some Cambodia watchers in Congress, which barred direct funding pending assurances that the court can meet international standards, remain skeptical.

"Congress remains sober about Cambodia, generally, and the KRT [Khmer Rouge tribunal], specifically," a senior congressional aide said by e-mail. "Those donors who have put funding on the table are griping how dollars were used and abused, and the administrative shortfall/concerns are well known. We will watch closely those international jurists who wrestle with the challenges every day; the greater stink they raise over corruption or political interference, the less chance Congress or other donors will want to pony up."

Meanwhile, the slow drama of justice plays out in a courtroom on the outskirts of Phnom Penh. Nuon Chea on Thursday asked to be released from the tribunal's detention center, where he has been held since his Sept. 19 arrest. He rose to address the court with the help of two guards. "I have no intention to flee my beloved country."

Chuon Choeun, a farmer brought to view the hearing by a nonprofit group, was one of about 100 Cambodians in attendance. He had never seen Nuon Chea before and even though he couldn't understand much of the legal rules under discussion, he found his first glimpse of the man he once believed was all powerful both bracing and strange.

He expected Nuon Chea to look more brutish, somehow. "His face looks fine. He's not nasty. His face is finer than mine."

Tuesday, February 05, 2008

Local, Chinese Companies Said Making Money from Logging in Development Projects

Chan Sarun, CPP Minister of Agriculture

26 Jan 08
By Vichheka
Samleng Yuveakchon Khmer (Voice of Khmer Youth)

Translated from Khmer and posted online by Anonymous

The tapioca powder producing company of Kev Vutthy represented by his wife Sok Sovan has received the authorization from the Ministry of Agriculture [MoA] to log and clear a forest of more than 7,000 hectares in Stoeng Treng province to get land on which to grow tapioca. However, since getting the permit in 2000 and since the actual destruction of the forest in 2001 Kev Vutthy's company has done nothing except denuding that forest of all standing trees. There is another company called JJ Wood, which has also conducted similar logging activities like the company of Kev Vutthy. The authority of Stoeng Treng province, Loy Sophat, has been said to be the big beneficiary of these two companies.

According to a report from Stoeng Treng, the logging activities under the pretext of forest concession permitted by Agriculture Minister Chan Sarun to Kev Vutthy's company under the pretext of growing tapioca are now in full swing because in the dry season it is easy to clear the forest. The source went on to say that the area of more than 7,000 hectares that the agriculture minister has allowed Kev Vutthy's company to log is now being planted with just a dozen tapioca seedlings and a few teak trees. This forest concession given to Kev Vutthy's company by the MoA is located in Stoeng Treng district, Stoeng Treng province.

The source said that in reality this company has not yet done anything substantial as stipulated in the contract with the MoA besides logging the forest. The source added that the logs the company cut on this forest of more than 7,000 hectares have brought the company millions of dollars in income. At the same time, the company has to share the proceeds with the local authorities, including Governor Loy Sophat and Agriculture Minister Chan Sarun. Because the forest concession has become a logging venture with the proceeds shared among the responsible, the operation has been conducted successfully to these days. In other words, Kev Vutthy's company has not planted tapioca as promised. On the contrary, what the MoA has done is to give this company a permit to log the forest at will and then get a share of the money from the sale of the trees.

In addition to the tapioca-growing company of Kev Vutthy whose wife is Sok Sovan there is also JJ Wood Company representing a company from China in logging forests in Thalaborivat district, Stoeng Treng province. The source said that a few weeks ago this company was very busy logging trees. The activities of JJ Wood Company, which is cutting trees in Stoeng Treng province, have been authorized also by the MoA.

It was said that the MoA has given JJ Wood Company the right to log trees on 5,000 hectares of forest to get land for an agricultural development project. However, it is obvious that this company's main objective is to cut trees to make money that it shares with the big shots in the MoA and the provincial authorities.

As for Kev Vutthy's tapioca growing company, it is said that its activities are exclusively confined to logging trees, and its land clearing activities over the past few weeks are merely to get land for sale now that the prices of real estate are rising. Therefore, what Kev Vutthy's company is doing is not what was agreed upon in the contract. On the contrary, it is merely to log trees, sell the timber, and when the prices of land are rising to sell the cleared land.

There are many stories that the source said will be exposed about Kev Vutthy's tapioca company and JJ Wood Company, as well as the MoA officials, especially concerning the corruption of these companies and officials.

According to the source, just during the past couple days Kev Vutthy's company has been seen suspending its activities. The reason why this company has suspended its logging and land clearing activities is unknown. However, under the authorization of the MoA this company still has the right to continue logging and selling timber to make money for all of them.

According to a report, during these past several years that Kev Vutthy's company has been cutting trees ostensibly to clear the forest for land on which to grow tapioca, it has accumulated millions of dollars from logging. Now they are planning to sell the cleared land already denuded of trees. The government should take a close look into this venture.

Thursday, January 31, 2008

FBI chief lauds Cambodia for its role in 'war on terror' [-Mueller talks about weak policing and corruption, but graft is a "problem worldwide"]

PHNOM PENH (AFP) — The head of the FBI on Thursday hailed Cambodia's role in the US "war on terror", as the agency opened its first office in Phnom Penh amid rising concern over regional extremism.

Robert Mueller said the relationship between the countries in addressing the threat from extremists was "exemplary".

As he came to the end of a two-day visit, during which he held talks with his Cambodian counterparts, Mueller added: "The exchange of information between our services has been second to none."

His trip, part of a three-country Asian tour, came amid Washington's increasing efforts to further ties with the formerly communist nation, particularly in security.

Law enforcement officials have in the past expressed concern that Cambodia's porous borders and weak policing could make it a haven for extremists.

"Cambodia is an important country to us for the potential of persons transiting Cambodia, using Cambodia as a spot for utilising terrorism," the FBI director said.

Hambali -- real name Riduan Isamuddin -- who was allegedly a key member of the Al-Qaeda-linked Jemaah Islamiyah (JI) network, reportedly spent several months in Cambodia before being captured in Thailand in 2003.

Mueller's visit follows a series of law enforcement exchanges, including Cambodian National Police Chief Hok Lundy's trip to Washington last April for anti-terror talks with the FBI.

The invitation was made to Hok Lundy -- who was previously refused a visa to the US over alleged involvement in human trafficking -- despite criticism from rights groups over reported abuses by his forces.

Mueller said Thursday that the issues of weak policing and corruption were part of his talks with Cambodian officials, but that graft was a problem worldwide.

Monday, September 03, 2007

Sex crimes top list of sins for China's corrupt officials [-How about their Cambodian counterparts?]

Sep 3, 2007
DPA

Hong Kong - Nearly 90 per cent of the disgraced Chinese communist party officials exposed in recent years have kept mistresses, a Hong Kong news report said Monday.

Fourteen of the 16 senior officials found guilty of corruption in the past five years were found to have mistresses, and many used public money to fund their affairs.

Ten of them sold land for cheap prices in return for bribes from developers or siphoned off public funds intended for construction projects, the South China Morning Post reported.

The multiple sins of the officials have been exposed by anti-corruption probes, which president Hu Jintao has declared a priority as he campaigns to weed out thieving, philandering officials.

A state report quoted by the newspaper said many of the officials caught up in scandals came from poor backgrounds and found the 'charms of money and women hard to resist.'

Among the most notorious of recent cases was that of Shanghai communist party chief Chen Liangyu, sacked for a pension fund scandal, who was believed to have had at least 11 mistresses.

China's finance minister Jin Renqing was removed from office last week amid reports that he shared a mistress 30 years his junior with a provincial party official and the head of a state oil company.

Thursday, August 09, 2007

World Bank chief: stealing aid money is unacceptable [-A warning to the family of the thieves of the Khmer Nation]

TOKYO, Aug 9 (Reuters) - World Bank President Robert Zoellick on Thursday spoke out against corruption in poor countries that receive the bank's loans, echoing the anti-graft stance of his controversial predecessor, Paul Wolfowitz.

"If people are trying to steal the World Bank's money, we can't accept that," Zoellick told reporters.

"We are responsible to our contributors and the contributors have their taxpayers. Nobody wants their money stolen," he said at a news conference wrapping up his visit to Japan, the bank's second-largest shareholder.

Zoellick, visiting Asia for the first time as World Bank chief, said while countries have different views on how to tackle corruption, they do agree on the need to deal with the problem.

He added that some developing countries would need the bank's support in building social infrastructure, such as a solid judiciary system, to fight corruption.

Wolfowitz, who resigned earlier this year over a scandal involving the promotion of his companion, alarmed some African nations and even those within the bank with his strict anti-corruption drive, which critics feared would slow the flow of aid to the poor.

Zoellick himself has said little about whether he will stick with that strategy or change the way the bank approaches corruption in borrowing countries.

His five-year tenure begins in the middle of the bank's critical year-long fund-raising for its lending programs to its poorest borrowers, which will set the course of the bank for the next three years starting mid-2008.

Zoellick, a former U.S. chief trade negotiator and deputy secretary of state, stopped in Australia, Cambodia and Vietnam before arriving in Japan, a major donor of international development aid.

Zoellick said one of the key purposes of his visit was to urge Japan to maintain or even increase aid despite tight budgetary conditions. He added that the government officials he met expressed support and understanding for his request.

Prime Minister Shinzo Abe and Finance Minister Koji Omi were among the policymakers Zoellick met during his visit.

Sunday, August 05, 2007

World Bank Chief Urges Cambodia to Fight Graft

World Bank President Robert Zoellick gestures as he speaks during a news conference in Phnom Penh August 5, 2007. Zoellick is on a two-day visit to Cambodia. REUTERS/Chor Sokunthea

Robert Zoellick urged Cambodia to fight graft, better manage its resources and improve education and healthcare.

August 05, 2007
Reuters

World Bank President Robert Zoellick urged impoverished Cambodia on Sunday to fight graft, better manage its resources and improve education and healthcare.

Cambodia received $690 million in foreign donor aid in June and "to continue and strengthen support, it will need to build a positive record and counter the challenges of corruption", he told reporters at the end of a 2-day visit.

Zoellick, on his first official visit to Asia as World Bank chief, toured development projects and met senior Cambodian officials, including Prime Minister Hun Sen.

They discussed the impact of illegal logging, which the British environmental group Global Witness says involves elite families, including Hun Sen's relatives, a charge denied by the prime minister.

"The prime minister actually emphasised himself the need to stop the logging operations because it had become too significant a source of corruption," Zoellick said.

Hun Sen, a former Khmer Rouge soldier who has been in charge for more than two decades, has previously acknowledged the concerns about rampant graft in a country rated by Transparency International as one of the most corrupt in the world.

Last year the World Bank suspended three development projects in Cambodia plagued by corruption and demanded misused funds be repaid.

After years of civil war and political unrest, Cambodia's economy has finally started to take off, although Hun Sen's critics say the stability he has brought has been at the expense of human rights and probity.

Zoellick said the bank would work with Cambodia to speed up passage of an anti-corruption law, which has been delayed by a decade.

"I urge Cambodia to help me help them. It is not only to pass the law but implement it," he said.

Zoellick said he was impressed by Cambodia's economic performance and its double-digit growth in recent years, but it needed to reduce its heavy reliance on garment exports.

Garment exports accounted for about $2.5 billion of Cambodia's total exports of $3.7 billion in 2006.

Cambodia's economy grew 10.8 percent last year and it is expected to expand 9.1 percent in 2007.

"To draw other businesses, it is important to create the climate for investment such as improving the legal system and judiciary," he said.

Sunday, June 10, 2007

Cambodia warned not leap into taxation and licensing agreements to attract investors, and then try to strongarm a better deal when oil start to flow

Sunday June 10, 2007
Cambodia's oil bonanza muted by uncertainties

PHNOM PENH (AFP) - Two years after discovering oil off its coast, uncertainty clouds Cambodia's nascent petroleum sector, with analysts saying it is impossible to gauge the extent of the country's fuel deposits or their impact on one of the world's poorest economies.

Predictions of vast new wealth are now being reconsidered, with some international institutions already drastically scaling back previous estimates of a billion barrels of oil.

Even Prime Minister Hun Sen has tempered earlier claims that the country would begin tapping oil by 2010, saying last week that Cambodia's petroleum prospects were now "uncertain".

"Oil under the sea is still a dream," he said Wednesday.

Diplomats have reacted with caution to Cambodia's possible petroleum windfall amid rising hopes that annual revenues would dwarf the current budget and pull the country out of poverty.

"Whether Cambodia will ultimately benefit from its future oil revenue is uncertain," said US Ambassador to Cambodia Joseph Mussomeli.

Analysts agree that it is too early to tell how oil could impact Cambodia, where 35 percent of the population lives on less than 50 US cents a day.

"The exact size of the reserves, how much is entirely recoverable, is still unknown," said International Monetary Fund advisor Jeremy Carter.

"One has to hold off from making very large-scale assumptions about what will happen," he said.

Momentum, however, is building after the US energy giant Chevron announced two years ago that it had struck oil in four of five wells dug in the waters off Cambodia's southern coast.

While Chevron confirms the presence of oil and continues drilling, the company has not released any data from Block A, one of six open to exploration in Cambodia's water in the Gulf of Thailand.

But the sheer size of estimated deposits -- the government has tentatively put petroleum reserves in Block A alone at 700 million barrels -- has other internationals rushing into talks for exploration and production rights.

The government has divulged very little about these negotiations.

But companies from Thailand, Singapore, Malaysia, Indonesia and Kuwait, as well as China's state energy giant CNOOC, have all bid for rights in other blocks, said Te Duong Tara, executive director of the Cambodian National Petroleum Authority (CNPA), at a conference in February.

Since Chevron's announcement, the debate has largely focused on Cambodia's ability to manage its oil wealth.

The money could be used to repair infrastructure, or build schools and hospitals, said Sok Hach, president of the Economic Institute of Cambodia, a private think tank.

"I think it could be very, very helpful if it was managed well," he told AFP.

But the potential for a sudden influx of billions of dollars has some observers warning of disaster for corruption-plagued Cambodia.

Sok Hach agreed that there was "the dark side of the story"; Cambodia's weak governance and institutionalised graft that could see oil wealth simply devoured by the powerful.

Hun Sen has repeatedly vowed that oil would not become a "curse", referring to other poor countries like Nigeria whose resource riches have benefited only the elite.

The world's sixth largest oil exporter in 2005, Nigeria remains one of the poorest nations in sub-Sahara Africa and has "come to epitomise what can go wrong with oil wealth," according to the World Bank.

"The challenge for Cambodia will be to channel this new-found wealth through strong institutions, reinforcing the capacity of the state to collect and spend for the benefit of all Cambodians," said World Bank economist Robert Taliercio.

But this is not easy in a country that has limped along under a system of political patronage, kickbacks and buy-offs.

Hun Sen's promises of oil sector transparency are also likely to be blunted by recent accusations from the forestry watchdog Global Witness that his relatives and other politically-connected families were plundering Cambodia's other key natural resource, timber, "with complete immunity."

Amid the uncertainties surrounding Cambodia's fuel sector, the Chevron project is an important indicator of whether foreign companies will be able to work with the government here, analysts say.

"The success of that project will be a hot test for other companies sitting on the sidelines," said Dave Ernsberger, Asia oil director at Singapore-based energy information giant Platts.

"How those partners fare with the national government, taxation, and ability to export and sell the crude oil and natural gas will be a key test for Cambodia," he added.

Ernsberger warned, however, that Cambodia should not leap into taxation and licensing agreements simply to attract investors, only to then try to strongarm a better deal for itself once oil has started flowing.

"There is a trend around the world for developing nations to aggressively renegotiate contracts," he told AFP.

Already, Hun Sen is urging donors to pressure oil companies to ink revenue sharing agreements that more heavily favour Cambodia.

But this tactic could backfire, according to Ernsberger.

"The issue for a country like Cambodia is that ... there is simply not yet the proven potential for gas and oil exports and track record of performance for many companies to tolerate that sort of behavior," Ernsberger said.

Friday, February 16, 2007

Khmer Rouge tribunal says kickback allegations unsubstantiated

Feb 16, 2007

Phnom Penh - A spokesman for Cambodia's Khmer Rouge tribunal denied allegations Friday that judges were forced to pay kickbacks.

'The allegations are not true. They are totally unsubstantiated,' Extraordinary Chambers in the Courts of Cambodia press officer Reach Sambath said by telephone.

The New York-based Open Society Justice Initiative released a statement Thursday which said that the credibility of the court had been undermined by allegations that court personnel, including judges, must pay considerable kickbacks to Cambodian government officials in exchange for their positions on the tribunal.

The organization gave no details in its release about who had made the allegations or what evidence there was to support them.

Sambath said a routine external audit of the tribunal was underway. He denied it was related to the allegations and said the results were expected within two weeks.

The allegations threaten to further undermine the credibility of the 56-million dollar trials to try a handful of surviving former Khmer Rouge leaders, slated to get underway later this year.

Organizations including New York-based Human Rights Watch have accused the government, which still comprises a number of lower ranking former Khmer Rouge, of lacking the political will to hold the trials.

The Khmer Rouge's Democratic Kampuchea regime ruled Cambodia between 1975 and 1979, during which time up to 2 million Cambodians died.

Thursday, February 15, 2007

OSJI charges Cambodian officials at the Khmer Rouge tribunals of corruption and graft

Cambodian judges official take an oath during a swearing-in ceremony inside the Royal Palace of the capital Phnom Penh, Cambodia July 3, 2006. A thorough probe must be made into corruption allegations against Cambodian officials at the Khmer Rouge tribunal, a New York-based legal group said, prompting a quick dismissal by the tribunal office Thursday, Feb. 15, 2007. (AP Phpto/Heng Sinith)

Cambodia genocide court faces graft charges

PHNOM PENH (AFP) - Cambodian officials at the court handling the Khmer Rouge genocide trials are being forced to kick back wages to the government in order to keep their jobs, a legal watchdog has said.

The allegations are the latest challenges to the credibility of the court, which is also bogged down in disputes between Cambodian and UN judges that make it unlikely the tribunal will begin its trials on schedule.

Court officials confirmed that an audit of the tribunal had been launched but denied that it was related to the allegations made by the US-based Open Society Justice Initiative (OSJI).

"The alleged entanglement of money, political favours, government officials, and judicial officers heightens fears that the Cambodian judges are subject to government interference and cannot act independently," the OSJI said.

It said local judges were among those forced to give back "a significant percentage of their wages" to unnamed Cambodian government officials.

But Sean Visoth, chief administrator for the Cambodian side of the joint tribunal, called the outside audit a "regular process" that had nothing to do with the corruption charges.

"All donor funds must be audited," he said. "These are unsubstantiated allegations."

Most of the tribunal's 56 million-dollar budget comes from donors, with Cambodia so far contributing only a fraction of its 13-million-dollar share.

The willingness of the international community to foot the bill has repeatedly come into question amid allegations of government foot-dragging and political interference.

"Donors, the international community, and the Cambodian people have the right to know that money entrusted to the (tribunal) is being spent transparently and honestly," said OSJI executive director James Goldston.

"The court's most precious resource -- public confidence -- is at stake," he said.

Up to two million people died under the 1975-1979 Khmer Rouge regime, which abolished religion, property rights, currency and schools.

Leader Pol Pot died in 1998, and so far only one potential defendant is in custody.

Monday, February 12, 2007

Cambodia donors 'disappointed' over promised anti-graft law

12-Feb-2007
AFP

Speaking on behalf of international donors, US ambassador in Cambodia Joseph Mussomeli expressed disappointment over the impoverished kingdom's failure to enact a long-delayed anti-corruption law (AFP/File/Tang Chhin Sothy)

International donors to Cambodia have expressed disappointment over the impoverished kingdom's failure to enact a long-delayed anti-corruption law.

Cambodia promised donors last year that it would enact the law by the end of 2006 as part of a raft of anti-corruption measures.

But during a meeting between the government and donors, US ambassador Joseph Mussomeli said little progress had been made.

"It is time -- indeed, past time -- to immediately enact an international standard anti-corruption law, and it is also time to do it right," Mussomeli said, speaking on behalf of Cambodia's donors.

"This law, which stands to benefit all Cambodians, by contrast has experienced delay after delay," he added.

The law has been in the works for more than a decade but is still under review by the government's top legal experts, the Council of Ministers, the ambassador said.

"On behalf of all development partners, we ask you when will this law be enacted?" Mussomeli said.

Cambodia's donors have made tackling corruption the focus of their reform efforts, tying hundreds of millions of dollars to the government's willingness to clean up graft.

Cambodian Finance Minister Keat Chhon said the slow passage of the law was due to "much contradiction" within Cambodia's complicated legal system, but denied intentionally delaying the process.

"We are not using difficult issues as an excuse to slow the draft of our law," he said.

The government has repeatedly blamed delays in the anti-corruption law on Cambodia's slow progress in drafting a new penal code.

Donors led by Japan, France and the United States gave 600 million dollars in aid to Cambodia last year, accounting for about half of the country's annual budget.

Rights groups regularly push the donors, which also include Australia, Canada and several European countries, to demand reform rather than simply hand over cash.

International graft watchdog Transparency International (TI), said in December that corruption pervaded almost every sector of Cambodia, making it one of the most graft-ridden countries in the world.

The Economic Institute of Cambodia think-tank estimates that Cambodian businesses lost about 330 million dollars to graft last year.