Reason for the lawsuit against the government at the ICC - អង្គហេតុ​ក្នុង​បទ​ចោទ​រដ្ឋាភិបាល​នៅ​តុលាការ​ព្រហ្មទណ្ឌ​អន្តរជាតិ

https://www.youtube.com/watch?v=6tdZ6rnScrw

ប្រជាពលរដ្ឋ​និង​កង​កម្លាំង​ប្រដាប់​អាវុធ​ប៉ះ​ទង្គិច​គ្នា ក្នុង​ពេល​សមត្ថកិច្ច​ចុះ​អនុវត្ត​សាលដីកា ទាក់​ទិន​នឹង​ជម្លោះ​ដី​មួយ​កន្លែង​នៅ​ស្រុក​ឧត្តុង្គ ខេត្ត​កំពង់ស្ពឺ កាល​ពី​ថ្ងៃ​ទី​៩ ខែ​មិថុនា ឆ្នាំ​២០១១។ (RFA/Uon Chhin)

2012-08-23
Radio Free Asia

ស្ថាប័ន​យុត្តិធម៌​អន្តរជាតិ​ដែល​ទទួល​ពាក្យ​បណ្ដឹង​របស់​ពលរដ្ឋ​ខ្មែរ​នោះ គឺ​ជា​ស្ថាប័ន​ផុស​ចេញ​ពី​ឆន្ទៈ​ប្រទេស ១២០ បាន​ព្រម​សម្រេច​ចិត្ត​រួម​គ្នា​បង្កើត​ច្បាប់​អន្តរជាតិ​មួយ នៅ​ថ្ងៃ​១៧ កក្កដា ឆ្នាំ​១៩៩៨ នៅ​ក្រុង​រ៉ូម ប្រទេស​អ៊ីតាលី ហៅ​ថា ច្បាប់​ក្រុង​រ៉ូម ឬ​អង់គ្លេស​ហៅថា the Rome Statute។

តាម​ច្បាប់​អន្តរជាតិ​នេះ តុលាការ​ព្រហ្មទណ្ឌ​អន្តរជាតិ​ផុស​ចេញ​ជា​រូបរាង​នៅ​ថ្ងៃ​ទី​១ កក្កដា ឆ្នាំ​២០០២ ដោយ​មាន​ប្រទេស​ចំនួន ៦០ រួម​ទាំង​កម្ពុជា​ផង ចុះ​ហត្ថលេខា​ផ្ដល់​សច្ចាប័ន។

សូម​ស្ដាប់​សេចក្ដី​រាយការណ៍​របស់​លោក ហាស់ សាន អំពី​ធាតុ​សំអាង​មួយ​ចំនួន​ដែល​អង្គការ​ចលនា​អំណាច​ពលរដ្ឋ​ខ្មែរ​យោង​សម្រាប់​ដាក់​ពាក្យ​ប្ដឹង​រាជ​រដ្ឋាភិបាល នៅ​ក្រុង​ឡាអេ កាល​ពី​ខែ​មិថុនា កន្លង​ទៅ​នេះ៖

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Cambodia’s failed human rights record

May 24, 2012
Daphne Bramham
Think Tank

There’s little good in the U.S. government’s assessment of Cambodia’s human rights record. Here’s just a sampling of what it said in its annual report on human rights around the world which was released Thursday.

“A weak judiciary that sometimes failed to provide due process and a fair trial procedure was a leading human rights problem. The courts lacked human and financial resources and were subject to corruption and political influence.”

“The continued criminalization of defamation and disinformation and a broad interpretation of criminal incitement constrained freedom of expression.”

“Members of the security forces reportedly committed arbitrary killings. Detainees were abused, often to extract confessions, and prison conditions were harsh.”

“The government at time interfered with freedom of assembly.”

“Corruption remained pervasive, governmental human rights bodies reportedly were ineffective and discrimination and trafficking in women and children persisted.”

“Domestic violence and child abuse occurred and education of children was inadequate.”

Click here to read the full report on Cambodia.

CCHR Case Study Fact Sheet Series - Impunity in Banteay Meanchey

Dear all,

CCHR today releases the third fact sheet of 2012 in its "Case Study" series, a series which covers a broad range of subjects relating to human rights violations in Cambodia. This fact sheet examines the case of an ADHOC employee being questioned for helping an alleged victim of sexual harassment bring her case, and the wider issue of impunity in Cambodia ("Impunity in Banteay Meanchey") – please see attached in English and Khmer. The fact sheet will soon be available in both English and Khmer on CCHR's website at: CCHR Fact Sheets.

We hope that you find the fact sheet useful and interesting. If you should want to discuss it or any related issues, please don't hesitate to contact Ou Virak (at ouvirak@cchrcambodia.org or on +855 (0) 12 404 051) or Robert Finch (at robert.finch@cchrcambodia.org or on +855 (0) 7880 9960).

Many thanks and kind regards,

CCHR

http://www.box.com/s/6603004a1d09c4176eb4


http://www.box.com/s/bd8d18378e1e2f132a22

Cambodia’s Rights Environment Backsliding: Advocate

Pung Chhiv Kek, founder of the rights group Licadho. “We still have problems to solve in Cambodia.” (Photo: VOA Khmer)

Tuesday, 13 December 2011
Men Kimseng, VOA Khmer | Washington, DC

Cambodia marked Human Rights Day on Saturday, but a leading activist says the country remains mired in a culture where powerful criminals go unpunished and unjust settlements take place outside the judiciary.

Pung Chhiv Kek, founder of the rights group Licadho, said Cambodia was now sliding backwards in its adherence to human rights norms, with the government continuing restrictions on free speech and a court unable to punish wrongdoers.

“A culture of impunity still exists,” she said. “We still have problems to solve in Cambodia.”

Sam Rainsy warns of a new revolution in Cambodia

Opposition leader Sam Rainsy speaking in Falls Church, Virginia,
on 24 February (Photo: Yun Samean, RFA)

26 February 2011
By Yun Samean
Radio Free Asia
Translated from Khmer by KhmeanKlach
Click here to read the article in Khmer

During a meeting with Cambodian-Americans in the US, opposition leader Sam Rainsy discussed about the protests in the Middle East, saying that this situation could also happen in Cambodia if the Cambodian government is not able to resolve the issues of joblessness, corruption and land disputes.

In the evening of Thursday 24 February, opposition leader Sam Rainsy warned the Cambodian government leaders, telling them that a revolution could explode in Cambodia if the ruling Cambodian leaders of almost 30-year continue to hold on to power in the future.

Sam Rainsy’s prediction took place during a discussion forum with about 50 Cambodian-Americans in Falls Church, Virginia.

Sam Rainsy, who is currently living in self-exile in France, added that the revolution that will come to Cambodia is a revolution that will demand for a resolution on the issues of joblessness, land-grabbing, poverty and corruption.

He added that the Jasmine revolution in Tunisia, Egypt and the latest situation in Libya led people in the world to see that a revolution to replace dictatorial regimes is a necessity.

The people of Tunisia and Egypt won in their revolution and the leaders of these two countries had to step down from power.

Sam Rainsy added: “What are the people protesting in these countries for? What do they want? Why are these people hurt? It’s the same [in all countries]: the number 1 problem is poverty. When people talk about development in a country, for whom is the development for? For the powerful people? To make the super rich even richer? That’s not what the people want, they want development for all the people, in particular so that the poor people can benefit from the development also. If the poor remain poor, of course there will be protest…”

Interview with Sopheap Chak at the Cambodian Center for Human Rights (CCHR)

http://www.youtube.com/watch?v=SWT45ov7Xz0

Interview with UN Special Rapporteur Surya Subedi

http://www.youtube.com/watch?v=aPnMlZCA7GI
Part 1 of 4


http://www.youtube.com/watch?v=nyAboutJ1H0&feature=related
Part 2 of 4


http://www.youtube.com/watch?v=DexSU55wpM0&feature=related
Part 3 of 4


http://www.youtube.com/watch?v=PcpihTciGFw&feature=related
Part 4 of 4

Human Rights Day a Reminder of Deficiencies: Advocates

Kong Sothanarith, VOA Khmer
Phnom Penh Thursday, 09 December 2010

“Cambodian people are suffering from a lack of basic rights: rights to property, housing rights, rights of access to education and freedom of expression.”

Cambodia's human rights situation remains in troubled condition, observers said Thursday, as they prepared to mark the 62nd anniversary of the Universal Declaration of Human Rights.

The UN declaration, which has become a guidepost for international policy and of Cambodian law, states that every human being has the right to dignity and protection from cruel or degrading treatment.

The declaration played a major part in the formation of Cambodia's modern government, following a UN-brokered peace and election following decades of unrest. It is celebrated worldwide every Dec. 10 as Human Rights Day.

“The human rights situation is still critical,” said Suon Sareth, secretary-general of the Cambodian Human Rights Action Committee. “In terms of inspiration of laws, it was great, but in application, the respect for human rights still has numerous problems because of the authorities.”

The rights group Licadho said in a statement Thursday that Cambodians remain victimized by the exploitation of land and resources, restrictions on freedoms of association and assembly and violations of their labor rights. At least 25 people are in jail in six provinces in land disputes, Licadho said.

“Cambodian people are suffering from a lack of basic rights: rights to property, housing rights, rights of access to education and freedom of expression,” the minority opposition Human Rights Party said.

The party blamed “the authorities and powerful persons” for rights deficiencies across the country. It also cited impunity, where “the responsible are not arrested,” as damaging to the country's rights environment.

Government spokesman Phay Siphan said other governments compared to the current administration had worse rights records. “We have done much and improved,” he said.

Navi Pillay, the UN High Commissioner for Human Rights, said in a statement Thursday hundreds of millions of people worldwide faced rights abuses in education, minority affairs, health, death and poverty.

“On this Human Rights Day, I call on governments to acknowledge that criticism is not a crime and to release all those people who have been detained for peacefully exercising their fundamental freedoms to defend democratic principles and human rights,” she said.

Clinton to promote human rights, credible opposition during visit

Nov 1, 2010
DPA

Phnom Penh - US Secretary of State Hillary Rodham Clinton is expected to stress the importance of human rights and the existence of a credible political opposition during her brief visit to the Cambodian capital Monday.

The government in Phnom Penh has come in for criticism over the past 18 months after a series of court cases against its perceived critics in politics, media and civil society.

A State Department spokesman said in a statement released over the weekend that Clinton's visit highlighted the US's 'commitment to enhanced, sustained, and comprehensive engagement in South-East Asia.'

'The United States has a strong interest in a Cambodia that contributes to regional stability, upholds democratic values, and integrates fully into the international economy,' the spokesman said.

'Our wide-ranging assistance programmes touch on all aspects of Cambodian life and affirm these strategic interests,' he added.

Phnom Penh raised eyebrows last week when Prime Minister Hun Sen told visiting UN Secretary-General Ban Ki-moon to shut the local UN human rights office, saying it was a mouthpiece for the opposition.

But media reports Monday suggested the government might have backed off, with a government spokesman saying the UN office could remain open, but that its country head must go.

Clinton arrived in Cambodia's western city of Siem Reap late Saturday and spent Sunday touring the Angkor Wat temple complex and a US-funded refuge for victims of sex trafficking.

She is scheduled Monday to meet separately with Hun Sen, Foreign Minister Hor Namhong, and a group of opposition parliamentarians before flying to Malaysia.

On Sunday Cambodian human rights group Licadho said three groups of people facing eviction in western Cambodia tried to meet with Clinton in Siem Reap but were prevented from doing so by police.

Last week police in Phnom Penh beat protestors facing eviction in the capital who tried to meet with the UN chief.

The Phnom Penh protestors on Saturday did see UN Deputy High Commissioner for Human Rights Kyung-wha Kang, but the UN has not commented on that meeting so far.

It is the first trip to Cambodia by a US secretary of state since then-secretary of state Colin Powell visited in 2003. Clinton's visit is part of a two-week trip to the Asia-Pacific region.

Rong Chhun asks Hillary Clinton to push the Cambodian gov’t to respect human rights

Rong Chhun (Photo: Den Ayuthyea, RFA)

30 Oct 2010
By Den Ayuthyea
Radio Free Asia
Translated from Khmer by Komping Puoy
Click here to read the article in Khmer

sVar Kim Hong, president of the government border commission, told RFA on 30 October 2010 that, prior to issuing any letter or statement involving border issues or any other border problems, civil society organizations should reflect about them carefully, otherwise, they will face the same fate as opposition leader Sam Rainsy who was sentenced to more than 10-year of jail sentence. (sic!)

Rong Chhun, the leader of the Cambodian Confederation of Unions (CCU), asked US Secretary of State Hillary Clinton to help push the Cambodian government to respect human rights and the Paris Peace Agreements on Cambodia which has not been fully applied in Cambodia yet.

The 3-page-long letter issued by CCU and sent to Mrs. Clinton on 30 October 2010, during her visit to Cambodia between 30 October and 01 November, asked her to take measures to make the Cambodian government fully respect the UN conventions, the international conventions and the Cambodian Constitution.

Rong Chhun’s letter raised the issue of constitutional violations in regards to Cambodia’s sovereignty and territorial integrity as stipulated in Article 2 of the Cambodian Constitution. This article stipulates: “The territorial integrity of the Kingdom of Cambodia shall absolutely not be violated within its borders as defined in the 1/100,000 scale map made between the years 1933-1953 and internationally recognized between the years 1963-1969.” However, to the contrary of this article, in October 2005, the Cambodian government under Hun Xen’s leadership signed a border delimitation agreement with the Vietnamese government based on the 1:50,000-scale map instead, and this is contrary to the spirit of the constitution which was borne out of the spirit of the 23 October 1991 Paris Peace Agreements on Cambodia. Furthermore, Hun Xen’s convention with Vietnam turned into law that was signed and approved for use by the Cambodian king on 30 November 2005.

Furthermore, along the Cambodian-Thai border at Preah Vihear temple, there are also invasions perpetrated by the Thai troops inside Cambodia’s territories for more than two years already and the Cambodian government still has not resolve this issue yet.

In addition, Rong Chhun also requested that Mrs. Clinton help push the Cambodian government to immediately put an end to its violation of the law, its culture of discrimination, its impunity, its judicial system that lacks independence, and its corruption.

Rong Chhun stressed that the current Cambodian judicial system is nothing but a tool of those in power and the rich people who use it to oppress weak farmers, opposition officials and civil society officials, etc…

Rong Chhun added: “The planting of border posts will continue and Cambodia is suffering major losses because of the violations of the constitution.

sVar Kim Hong, president of the government border commission, told RFA on 30 October 2010 that, prior to issuing any letter or statement involving border issues or any other border problems, civil society organizations should reflect about them carefully, otherwise, they will face the same fate as opposition leader Sam Rainsy who was sentenced to more than 10-year of jail sentence.

sVar Kim Hong added that in the planting of border posts between Cambodia and Vietnam, the [Cambodian] government is not dumb to allow border posts that lead to the loss of Cambodian territories (sic!). To the contrary the planting of border posts was done to preserve the land through these clear border demarcations (sic!).

sVar Kim Hong said: “Where was the loss, please explain clearly about that. Don’t just talk about it, talking is easy, all you have to do is accuse!”

An anonymous official from the US embassy in Cambodia said on 30 October that in the evening of that day, the embassy did not receive the CCU letter sent to Mrs. Clinton yet.

PRESS RELEASE

Phnom Penh, October 29, 2010

For immediate release

CCHR welcomes Secretary of State Clinton to Cambodia as human rights in the Kingdom come under increasing international scrutiny

PHNOM PENH, October 29 – The Cambodian Center for Human Rights (CCHR) welcomes United States Secretary of State Hillary Clinton to Cambodia and urges her to show leadership by encouraging Cambodia to reverse the drift towards authoritarianism showcased for the world so bluntly during the recent visit of United Nations Secretary General Ban Ki-moon.

As the Secretary of State will no doubt be aware, she arrives in Cambodia only days after the Cambodian Government told the United Nations’ highest ranking official that the UN human rights office in Cambodia would be closed if its director was not removed. The Government also implied that it was ordering an end to further investigations and prosecutions at the Khmer Rouge Tribunal. Ban Ki-moon’s visit concluded with a young protestor being beaten unconscious by police in front of a hospital the Secretary General was visiting.

The Government’s unrepentant and belligerent actions in the past week have added further weight to growing international concern about the withering democratic facade and deteriorating human rights situation in Cambodia. In recent months parliamentarians in the European Union, Ireland, Canada, and the United States have raised the issue of human rights in Cambodia either through their own governments or, in the case of the European Parliament, through a resolution directly calling on the Cambodian Government to cease violating the human rights of its citizens. In May, United States Representatives Bill Delahunt (D-MA) and Dana Rohrabacher (R-CA) provided bi-partisan sponsorship for the Cambodian Trade Act 2010, an attempt to bring accountability to the Cambodian Government through US trade policy.

The United States is Cambodia’s single largest trading partner, accounting for approximately 60% of Cambodia’s total exports and 70% of its crucial garment exports. It is also one of Cambodia’s largest bilateral aid donors. During his speech at the Millennium Development Goals Summit in New York, President Obama stated that that the countries with which the US will partner under its new Global Development Policy would be those who are not only capable of moving forward economically but those who “promote good governance and democracy; the rule of law and equal administration of justice; transparent institutions, with strong civil societies; and respect for human rights.”

The CCHR urges Secretary of State Clinton to use her visit to convey to Prime Minister Hun Sen and Foreign Minister Hor Namhong that Cambodia’s beneficial economic partnership with the United States will be contingent on real progress in the areas outlined by President Obama. CCHR also encourages the Secretary of State to frankly address the dire state of human rights in the Kingdom, summed up so powerfully in recent days by the Government’s stated intention to terminate the UN human rights presence in Cambodia.

For more information, please contact:

Mr. Ou Virak, CCHR President

Tel: +855 12 404051

Email: ouvirak@cchrcambodia.org

This trip to Cambodia was probably not the success Ban Ki-moon had hoped for

UN secretary-general flies out of Cambodian storm

October 29, 2010
ABC Radio Australia

The U-N Secretary General Ban Ki Moon has flown out of Cambodia after meeting resistance from the government of Hun Sen to the continuation of the Khmer Rouge tribunal.

Cambodia told the UN chief, who was on an official two-day visit, that the tribunal would only be allowed to prosecute four Khmer Rouge leaders currently in custody. Prime Minister Hun Sen said the the UN-backed court would not be allowed to try another five suspects currently under investigation. He also told Ban Ki-moon that he wants the UN to close its local human rights office.

Presenter: Robert Carmichael

Speakers: UN Secretary-General Ban Ki-moon; Cambodia's Minister of Information Khieu Kanharith; Deputy High Commissioner for Human Rights Kyung-wha Kang

Click here to listen to the audio program (Windows Media)

CARMICHAEL: Cambodia describes itself to foreign tourists as The Kingdom of Wonder. And over the last two days the UN Secretary-General Ban Ki-moon might well have wondered why he came.

The UN of course has long had an interest in Cambodia, and numerous UN agencies operate here including the UN human rights office, which we will turn to shortly.

But the outfit with the highest profile is the Khmer Rouge tribunal, a hybrid UN-Cambodian court tasked with trying the movement's senior surviving leaders and those the court considers most responsible for crimes committed during their rule between 1975 and 1979.

The tribunal has battled on through a number of crises over the years, from well-substantiated allegations of corruption; to allegations of political interference; and an ongoing shortage of cash.

Despite its problems, Mr Ban was probably not expecting the conversation Cambodia's Prime Minister Hun Sen had with him at their meeting on Wednesday morning.

There Hun Sen bluntly told Mr Ban that the tribunal's second case - against four senior leaders of the Khmer Rouge - would be its last.

He said the court would not be allowed to prosecute another five people it has been investigating.

It is of course up to the court, and not Hun Sen, to decide whom it should prosecute, and his words predictably raised the spectre of political interference, all of which damages the tribunal.

But later on Wednesday the Minister of Information Khieu Kanharith said Hun Sen would simply prefer that those cases were scrapped.

KHIEU KANHARITH: We don't say forbidden, because you cannot dictate, you cannot impose your will on the court.

CARMICHAEL: So the Prime Minister is just saying he would far prefer if cases three and four did not go ahead.

KHIEU KANHARITH: This is right, yes this is right. Because it would be a failure.

CARMICHAEL: I asked Ban Ki-moon on Thursday during a very brief press conference before he left the country what he thought Hun Sen had meant to say.

BAN KI-MOON: I had a good discussion on this matter twice with the Prime Minister Hun Sen, and also deputy prime minister this morning, and I can tell you that the government of Cambodia is committed to completion of the process. The United Nations will discuss this matter with the international community members, particularly donors. That's what I can tell you at this stage.

CARMICHAEL: The entire sentence hinges on the phrase "committed to completion of the process". Late on Thursday Mr Ban's spokesman said by email that meant:

"Completion of the judicial process and of the court's mandate. As to specific cases, he has said that's a matter for the court to decide independently."

Time will tell how that plays out in practice.

The other bombshell Hun Sen delivered was his demand that the UN shut its Cambodian human rights office and sack Christophe Peschoux, the UN's human rights head here.

Since the presence of a human rights office is a matter of agreement between the UN and a member state, the government will likely eventually get its way with closing the office.

The UN's Deputy High Commissioner for Human Rights, Kyung-wha Kang, is travelling with Mr Ban.

She told me on Wednesday evening that the discussion with Hun Sen revolved around an array of issues, one of them human rights.

KYUNG-WHA KANG: And the prime minister made his reply, which was a little bit of a surprise, I should say the tone, but it opens up the door for further discussions, and again on the issue of a person, we do not wish to go into the details. And yet obviously the government has a different view to the High Commissioner on her representative here, but I am sure we will find a way to discuss this issue of the representative and also the issue of the office here on more constructive terms.

CARMICHAEL: Possibly. But not if Khieu Kanharith is to be believed. The minister says the days of the UN human rights office here are numbered since it only accuses the government of wrongdoing and acts as a mouthpiece for the opposition.

All in all then, this trip to Cambodia was probably not the success Ban Ki-moon had hoped for.

On Human Rights, Send in the Experts [-The results have yet to be clearly felt in Cambodia?]

October 27, 2010
Ted Piccone
Huffington Post
This post was co-authored with Emily Alinikoff.

What can the United States effectively do when it comes to promoting human rights? How can it best work through the United Nations to make a difference for victims in Afghanistan, Iran or Cambodia?

These questions are very much on the minds of Obama administration officials. When the administration decided to join the UN's Human Rights Council despite skepticism and outright hostility from the Council's conservative critics, the administration promised to work from within to promote reform, increase attention on the most serious human rights crises and reduce political bias against Israel.

There are signs the strategy is starting to work. Thanks to an energetic if quiet campaign to build cross-regional coalitions, U.S. diplomats have managed to extend the Council's scrutiny of human rights violations in Sudan, Somalia and Cambodia, secure new fact-finding mandates on freedom of association and women's rights, protect the independence of the High Commissioner on Human Rights, and deny Iran a seat on the Council. On Israel, however, it remains largely alone in opposing resolutions censuring the government for its attacks in Gaza and the humanitarian aid flotilla, in opposing resolutions critical of the government's action in Palestine, and in trying to remedy the imbalanced attention it receives.

After 18 months of extensive research into the work of the Human Rights Council, we have found that the U.S. strategy to invest in the Council's independent experts is a sound one. These volunteers are chosen by governments for their professional expertise to investigate human-rights situations around the world, make recommendations for corrective action and report to the world on their findings. In operation since the late 1970s, they have been called "the crown jewel" of the U.N. human rights system. Yet no one had put that proposition to the test of independent and rigorous examination.

After our own examination of how governments respond to the thousands of communications and dozens of field missions carried out by these independent UN experts, we found convincing evidence that they serve as catalysts for rights, prompting governments to reexamine and correct actions that violated human rights across a broad range of categories. By shedding light on issues like the fate of the disappeared, mistreatment of political prisoners, fair access to health services and violence against women, these monitors tackle the hard issues and elevate them to the highest levels of political power. That alone has an impact in creating a public record about abuses that some would like to hide, increasing pressure for remedies, and perhaps most importantly giving a voice to victims.

Some governments respond to this pressure through legislative reforms or executive action, and often in ways that directly benefit the victims. In Cambodia, the UN's monitor intervened to obtain better treatment and ultimately freedom for a journalist accused of defamation. In Afghanistan, the UN expert persuaded authorities to release hundreds of illegally detained prisoners. In Georgia, Indonesia, Spain and Colombia, U.N. experts uncovered unacceptable conditions for the displaced, abused women, prisoners and innocent civilians and influenced governments to take action.

We also found that too many governments ignore or deny the experts' allegations or block efforts to gain access to the country or to victims. State cooperation was particularly bad when it came to responding to an expert's written allegations of violations, with more than 50 percent of communications receiving no reply versus 18 percent that generated some positive movement toward a remedy. Yet even when they are denied country visits, like in the case of North Korea or Burma, these UN experts help amplify the voices of a beleaguered community of human rights defenders, mobilize advocacy and publicize first-hand testimony of victims.

The lack of state cooperation, however, is not the only challenge the independent experts face. A serious lack of resources, inadequate professional staff, insufficient training in the political and diplomatic skills needed to prompt officials to take action, and the absence of any systematic process for following up their recommendations stands out as the main weaknesses. With additional resources and political will, these are solvable problems. Fortunately, the five-year review of the Council, which just got underway at the end of October in Geneva, offers a good opportunity to address them.

In the meantime, given the generally positive track record of the UN's independent experts, the United States should continue to lead efforts to create and fund new mandates. Later this fall, the UN will take up resolutions on Iran and Burma, opening the door for appointing independent experts and commissions of inquiry to deal with the longstanding and deteriorating human rights situations in these countries. For the sake of victims there and around the world, the international community should send in the experts.

Ted Piccone is Senior Fellow and Deputy Director for Foreign Policy at the Brookings Institution in Washington, D.C. Emily Alinikoff is a Senior Research Assistant in Foreign Policy at Brookings. The authors have recently released the report, "Catalysts for Rights: The Unique Contribution of the UN's Independent Experts on Human Rights."

Call for human rights photos to Sithi.org

Dear Friends and Colleagues,

As you may be aware, the Cambodian Human Rights Portal, www.sithi.org (“Sithi”) was recently officially launched. Facilitated by the Cambodian Center for Human Rights, the aim of Sithi is to encourage collaboration amongst those working in human rights in Cambodia and to share information on the human rights situation in Cambodia to increase awareness and understanding of human rights in order to mobilise action to protect and promote them.

As part of the sharing of information, we kindly request that you please consider sending any and all photos you may have related to human rights in Cambodia, together with captions, to info@sithi.org. These will be placed on the ‘Photo Blog’ section of Sithi and will be properly referenced to include the source of the photos. The information that is sent to Sithi will be part of a unified source of human rights information, accessed by many, significantly improving access to information and resources on human rights in Cambodia.

If you have any questions, please do not hesitate to contact us at info@sithi.org.

Many thanks in advance for your support and assistance.

Best regards,
--
Sithi Team
Tel: +855 23 72 69 01
Fax: +855 23 72 69 02
Nº798, Street 99, Beoung Trabek,
Khan Chamkar Mon, Phnom Penh, Cambodia.

Rights Workers Faced Increased Duress in 2008, 2009: Report

Licadho President Pung Chhiv Kek told VOA Khmer Wednesday the increase was a result of a judicial system that was biased toward the rich or powerful. (Photo: The Phnom Penh Post)

Heng Reaksmey, VOA Khmer
Phnom Penh Wednesday, 01 September 2010

“Most of the violence has happened to community representatives in land grabs and in land violence against the Khmer Kampuchea Krom.”

Cambodian human rights workers say they have faced increasing threats and pressure for doing their work over the past two years from police, courts and government officials.

In a report issued Wednesday examining the years 2008 and 2009, the rights group Licadho said it found “the intensified use of the courts as a weapon,... increased use of defamation and disinformation laws to restrict freedom of expression... [and] increased restriction on freedom of association and assembly.”

Licadho President Pung Chhiv Kek told VOA Khmer Wednesday the increase was a result of a judicial system that was biased toward the rich or powerful.

Ministry of Interior spokesman Khieu Sopheak denied the finding of the reports, reporting to the number of Licadho staff in the provinces. Were threats and intimidation as bad as reported, he said, Licadho would not have staff there.

Ou Virak, director of the Cambodian Center for Human Rights, supported the findings in the report.

“Violence has progressed, not only for the NGOs,” he said. “Most of the violence has happened to community representatives in land grabs and in land violence against the Khmer Kampuchea Krom.”

The group called on the government to combat the culture of impunity and corruption by prosecuting government officials responsible for threats and attacks, including investigations into the “unresolved assassinations or disappearances” of 10 journalists since the 1990s.

Licadho also called on the government to cease arresting rights workers in the middle of their duties, to allow peaceful protests to proceed “unhindered by police obstruction of violence” and to “cease using bail as a way of threatening human rights defenders.”

“Bail is meant to avoid unnecessary pretrial detention, not as a probation mechanism to intimidate or control the activities of human rights defenders,” the group said.

IPU's decision in Mrs. Mu Sochua's case

Mrs. Mu Sochua (L) vs. Cambodia's Strongman Hun Xen

COMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANS CASE No. CMBD/47 - MU SOCHUA - CAMBODIA Decision adopted by the Committee at its 130th session (Geneva, 12 - 15 July 2010)

The Committee,

Referring to the case of Ms. Mu Sochua, a member of the National Assembly of Cambodia, and to the resolution adopted by the Governing Council at its 186th session (April 2010),

Referring also to the legal analysis of this case by the Cambodian Center for Human Rights of 30 May 2010,

Taking into account the information provided on a continuous basis by the sources,

Recalling the following:

• In a widely publicized speech made by Prime Minister Hun Sen on 4 April 2009 in Kampot Province, where Mrs. Mu Sochua was elected in 2008 and which she represents in the National Assembly, reference was made to a woman who could only have been Mu Sochua in a derogatory manner with sexual innuendos;
• On 23 April 2009, Mrs. Sochua announced at a press conference that she would file a defamation lawsuit under Article 63 of the United Nations Transitional Authority in Cambodia (UNTAC) Criminal Law, stating that she respected the Prime Minister as the head of the government but wanted him to be held responsible for his insults; on 27 April 2009, Mrs. Sochua filed the lawsuit against Mr. Hun Sen who, in turn, filed a defamation lawsuit against her, stating that lifting Ms. Mu Sochua’s parliamentary immunity would be “as easy as ABC”; he also brought a defamation lawsuit against her lawyer, Mr. Kong Sam Onn, for stating during the press conference that he had defamed Ms. Sochua,
• On 10 June 2009, the Phnom Penh Municipal Court dismissed Mrs. Sochua’s case against the Prime Minister without any investigation, stating that it was groundless; however, the court moved ahead with the Prime Minister’s lawsuit, requesting that Mrs. Sochua’s parliamentary immunity be lifted;
• On 22 June 2009, the National Assembly, in a closed-door session, lifted her immunity by a show of hands without giving her the possibility to defend herself and without a debate;
• On 4 August 2009, the Phnom Penh Municipal Court found Ms. Mu Sochua guilty under Article 63 of the UNTAC law criminal provisions of defaming Prime Minister Hun Sen by: (i) holding a press conference to announce that she would file a defamation lawsuit against the Prime Minister, (ii) informing the IPU and the Global Fund for Women of the matter, (iii) affirming that the Prime Minister’s words against her “affected all Khmer women and women all over the world”, all of which showed that she had acted in bad faith with the intention of defaming the Prime Minister worldwide and sullying his reputation and dignity; she was fined 8.5 million riel and ordered to pay another 8 million riel in damages to the Prime Minister (a total of appr. US$ 4,000); on 28 October 2010, the Court of Appeal upheld the judgment; as for her lawyer, disciplinary proceedings have been brought against him by the Cambodian Bar Association, as a result of which he withdrew as defence counsel for Mrs. Sochua and joined the Cambodian People’s Party (CPP); the Prime Minister withdrew his complaint against him and the disciplinary proceedings were dropped,

Considering that, after a first hearing on 7 April 2010 was adjourned owing to the absence of Mr. Hun Sen and Mrs. Mu Sochua, the Supreme Court, on 2 June 2010, upheld the Court of Appeal’s, ruling on the Municipal Court’s decision; noting that Mrs. Sochua has stated that she will not pay the fine and that, as a consequence, may be sent to jail,

Recalling that the Cambodian parliamentary authorities have rejected allegations of irregularity and insisted that the rule of law was followed by the National Assembly and the courts and argued that Mrs. Sochua should have paid the fine, as advised by colleagues, and the case would have been over;

Bearing in mind that Article 31 of the Constitution of Cambodia stipulates that the rights and freedoms of citizens include the “human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, the human rights covenants and conventions and women’s and children’s rights; that, moreover, Articles 41, 39, 31 and 45 of the Constitution respectively guarantee freedom of expression, the right of Khmer citizens to denounce public officials for breaches of the law committed during the course of their duties, equality before the law and prohibits discrimination against women, and that Article 46 explicitly prohibits obscenity against women,

1. Is alarmed at the prospect of Mrs. Mu Sochua being sent to jail as a result of proceedings which it can only consider to be a travesty of justice;
2. Points out once again that the court, while summarily rejecting Mu Sochua’s lawsuit against the Prime Minister, went ahead with the Prime Minister’s lawsuit and concluded that she defamed him without having seriously examined, let alone proven that she had made a bad faith or malicious allegation or deduction of fact that had tarnished the reputation of the Prime Minister, but instead relied on letters she had written to the IPU and the Global Fund for Women; finds it distressing that the courts did not redress this situation upon appeal;
3. Affirms once again that Mrs. Sochua was entitled to bring a defamation lawsuit against the Prime Minister, she was entitled to announce this publicly and to write letters in this respect to the IPU, the Global Fund for Women and any other international organization she seemed fit to receive her complaint; in doing so she was exercising her most fundamental right to freedom of expression guaranteed under Cambodia’s Constitution and international human rights law,
4. Notes with deep dismay that, in this particular instance, the IPU and its mechanism to defend the human rights of members of parliament served in fact to violate the human rights of a member of parliament, which it finds all the more appalling as the Parliament of Cambodia is a Member of the IPU;
5. Calls on the Cambodian authorities, including the National Assembly, to take whatever steps are necessary to redress this situation,
6. Requests the Secretary General to forward this decision to the authorities, to Ms. Mu Sochua and to the Office of the High Commissioner of Human Rights (OHCHR) in Cambodia; requests him also to inform donor countries of its concerns in this case;
7. Decides to continue examining this case at its next session, to be held during the 123rd IPU Assembly (October 2010).

US and Cambodia in controversial lockstep

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

Jul 31, 2010
By Clifford McCoy
Asia Times (Hong Kong)

"In a July 8 report, Human Rights Watch (HRW), a US-based rights lobby, alleged that many RCAF units selected to participate in the joint exercises had abysmal rights records. HRW said that by allowing the controversial units to participate in the drills, the US had undermined its own commitment to the promotion of human rights in Cambodia."

BANGKOK - Cambodia's first-ever multinational military exercise is part and parcel of intensifying competition between the United States and China for regional influence.

The recently completed US-Cambodia military drills, known as "Angkor Sentinel 10", involved 1,200 soldiers from 23 countries and were ostensibly part of Washington's Global Peace Operations Initiative, a program run jointly by the US Department of Defense and State Department to help train global peacekeepers against insurgency, terrorism, crime and ethnic conflict.

The largest contingents of troops in the exercise were from the Royal Cambodian Armed Forces (RCAF) and the US Army Pacific, even as it was billed as a multilateral peacekeeping operation.

Warming bilateral relations come as the Barack Obama administration puts new policy emphasis on Asia and moves to compete with, if not contain, China's growing influence in Southeast Asia. Cambodia, as well as Laos and Myanmar, are viewed by many observers as already firmly in China's orbit. China's influence in Cambodia has grown considerably in the past decade. While not the largest official donor to the country, its aid projects and investments are strongly publicized and come without demands for improved human rights, better governance or less corruption.

The US has provided over US$4.5 million worth of military equipment and training to the Cambodian military since 2006, and this was the first time the two sides jointly put the equipment to use. Recent statements by US officials highlighted the cooperation between Cambodia and US forces.

At the May 3 opening of the now-completed, US Defense Department-funded Peacekeeping Training Center, US charge d'affaires Theodore Allegra said the US remained ''committed to enhancing military relations with Cambodia in the areas of defense reform and professionalization, border and maritime security, counter-terrorism, civil-military operations and de-mining."

The $1.8 million training center was "evidence of the US government's commitment to enhancing partner capacity with Cambodia", he said.

At the July 12 opening ceremony of the military operations, US ambassador to Cambodia Carol Rodley said Washington was committed to enhancing its military relationship with Phnom Penh and called Angkor Sentinel a "unique opportunity" to expand the friendship between the two countries.

The drills, which also included participants from France, Indonesia, the Philippines, Australia, India, Italy, Germany, Japan, Mongolia and the United Kingdom, notably coincided with the 60th anniversary of US-Cambodia relations.

The program for the exercises consisted of two main components: a multilateral UN force headquarters computer-simulated command post exercise held in Phnom Penh and a two-week field training exercise at the RCAF's ACO Tank Command headquarters in Kompong Speu province 50 kilometers west of the capital.

However, the exercises did not sit well with some military officers in Thailand, the US's erstwhile security partner in the region. Thailand plays host annually to the region's largest US-led joint military exercise, Cobra Gold. Some Thai officers have expressed dismay that the US is showing increased strategic interest in a country that has emerged as one of its biggest security threats in light of recent border disputes and Cambodian Prime Minister Hun Sen's perceived meddling in Thai domestic politics.

United States Under Secretary of State William Burns discounted this view in a July 16 press conference in Bangkok. "We don't see that as in any way contradicting or in conflict with our commitment to working with the Thai military on regional security or peacekeeping operations," he said.

Guns for hire

Cambodia has come a long way since being the recipient of one of the United Nations' largest peacekeeping operations from 1991-1993. After decades of debilitating civil war, the country has in recent years sent peacekeepers, primarily de-mining experts, to Sudan, Chad, Central African Republic and Lebanon.

Human-rights activists argue that while Cambodia may no longer need peacekeepers itself, its population is still in need of protection from its own armed forces, including units involved in the recent joint exercises.

In a July 8 report, Human Rights Watch (HRW), a US-based rights lobby, alleged that many RCAF units selected to participate in the joint exercises had abysmal rights records. HRW said that by allowing the controversial units to participate in the drills, the US had undermined its own commitment to the promotion of human rights in Cambodia.

HRW, Cambodian human-rights organizations and other international rights groups, as well as the US State Department, have all detailed ACO Tank Command units involvement in illegal land seizures. These include the November 2009 seizure of farmland from 133 families in Baneay Meanchey province and the use of tanks in 2007 to flatten villagers' fences and crops in a forceful move to confiscate land.

HRW noted that certain elite units, such as the prime minister's personal bodyguard, Airborne Brigade 911, Brigade 31 and Brigade 70, were all scheduled to participate in the Phnom Penh portion of the exercise. Both the bodyguard unit and Brigade 70 were involved in the 1997 grenade attack on a political rally by the opposition Sam Rainsy Party, according to HRW.

Airborne Brigade 911, meanwhile, has been linked to arbitrary detentions, political violence, torture and summary executions. Brigade 31 has been accused of involvement in illegal logging, intimidation of opposition party activists and land-grabbing, including the use in 2008 of US-provided trucks to forcibly evict villagers from their land in Kampot province.

Cambodian military officers and soldiers operate without fear of arrest or punishment, human-rights groups say. ''Hun Sen has promoted military officers implicated in torture, extra-judicial killings and political violence,'' said Phil Robertson, HRW's deputy Asia director.

While some of these acts have been carried out for the benefit of the business interests of military officers, others have been done at the request of private companies with links to the military. Plans announced by Hun Sen in February for corporate sponsorship of military units to cover defense costs have many worried that the contributions will increase companies' control over military units to do their bidding.

Cambodian government officials dismissed HRW's claims. The US has likewise defended its involvement in the exercises. In a July 11 statement by embassy spokesman John Johnson, he said all participants in the exercises were "thoroughly and rigorously vetted" by the embassy and the Defense and State departments.

This was echoed by Burns during his visit to Phnom Penh. "Any military relationship that we conduct around the world is consistent with US law. And so, we look very carefully, we vet carefully, the participants from Cambodia, from other countries, in any kind of exercise that we engage in."

HRW called on the US government to suspend military aid to Cambodia until an improved and thorough human-rights vetting process could be implemented to screen out abusive individuals or units from receiving US aid or training. However, indications are that the US has little interest in putting the brakes on rapidly improving bilateral ties with Cambodia.

Symbolic gestures

One major symbolic step was the removal last year of Cambodia and Laos from a list of Marxist-Leninist states. The redesignation opened the way for increased US investment by removing restrictions on US Export-Import Bank financing and loans to both countries. Washington is currently one of Cambodia's largest donors with more than $72 million in assistance this year focused on health, education, economic development and government accountability. The US donated $65 million in 2009.

Washington is apparently showing its support in other ways, too. Last month, an American judge sentenced Cambodian-American Chhun Yasith to life in prison for his leading role in an attempted coup in November 2000 by a group calling itself the Cambodian Freedom Fighters (CFF). Although the CFF had previously received some tacit US approval, the verdict sent a message to other Cambodians that support for any anti-government activities from US soil would no longer be tolerated.

Security related ties have also improved, partly out of recognition that several high-profile terror suspects have passed through Cambodia. In January 2008, US Federal Bureau of Investigation (FBI) director Robert Mueller made a visit to Cambodia to open a new FBI office at the embassy. Mueller said at the time, "It's an important country to us because of the potential for persons transiting Cambodia or utilizing Cambodia as a spot for terrorism."

Since then Phnom Penh has requested FBI help to solve the assassination of opposition journalist Khim Sambo and his son in July 2008 during a national election campaign. The journalist was known for his scathing criticisms of Hun Sen's administration, including allegations of corruption. The government has also requested FBI assistance in a joint investigation into a failed bomb plot against several government buildings by would-be Cambodian rebels in January 2009.

Prior to opening its new office, the FBI was involved in an investigation into the 1997 grenade attack on a rally by the opposition Sam Rainsy Party in which 16 people were killed and an American citizen was among the injured. The US government and the FBI were later criticized for pulling out of the investigation when it was believed they were on the verge of solving it. A June 1997 Washington Post article cited US government officials familiar with a classified FBI report on the investigation as saying the agency had tentatively pinned the blame on Hun Sen's personal bodyguard unit.

Jousting between the US and China for influence has become more openly apparent. After the US suspended the delivery of military vehicles following the repatriation of ethnic Uighur asylum seekers from Cambodia to China in December, Beijing stepped in with a $14 million pledge of military aid in May. The 256 military vehicles and 50,000 military uniforms covered under the pledge were delivered by China in June.

China has also provided small arms to Cambodia in recent years, including modern QBZ Chinese-made assault rifles for Cambodia's special forces units. With China keen to maintain its edge in Cambodia and expand its influence in the rest of the region, US policymakers may feel Washington can ill-afford to miss opportunities to improve ties. The upshot may be that strategic partners are less rigorously vetted as new friends are sought and military relationships developed.

Clifford McCoy is a freelance journalist.

On-going violations of human rights and democracy in Cambodia

The Honorable Navanethem Pillay, UN High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais des Nations
CH-1211 Geneva 10, Switzerland

May 14, 2010

Dear Honorable Ms. Pillay:

Please accept my thanks for the opportunity to bring to your attention issues relating to on-going violations of human rights and democracy in Cambodia.

Democracy in Cambodia continues to deteriorate. The country’s institutions are highly corrupted, and there is not a functioning system of checks-and-balances to prevent abuses. The erosion of civil liberties and systemic human rights violations are real and intensifying. Forced evictions and unethical land confiscations without proper compensation continue unabated. We cannot imagine the long term consequences for the people who were forced off their lands, or the futures of their children. We can only expect more of the same needless hardship and despair that we witness every day, even in the capital city.

Statistically, Cambodia has experienced rapid growth in GDP and a reduction in overall levels of poverty in the past decade, but these benefits have not legitimately been shared among citizens. Disparities in income and access to opportunities have increased, particularly in rural areas. Rural communities are heavily dependent on land and forest resources, and landlessness is a main cause of widespread poverty in rural Cambodia. Even so, the government prioritizes new 99-year leases with shadowy companies over granting legal land titles to the people who have occupied it for generations. Community members lose their land - the source of their livelihood and are struggling to find ways to provide for their families.

For example, Ly Yong Phat, a senator in the ruling political party, was recently awarded 20,616 acres for his Phnom Penh Sugar Company. Immediately adjacent, 24,710 acres were given to the Kampong Speu Sugar Company, which is registered in the name of the senator's wife. According to LICADHO (www.licadho-cambodia.org), a leading Cambodian Human Rights NGO, Senator Ly Yong Phat is also the beneficiary of 30,065 acres (to the Tonle Sugar Cane Company) as well as 26,996 acres (to the Cane and Sugar Valley Company).

The Land Law states that each concession must be below 24,710 acres for any individual owner of a company. While the land in the above cases is conceded to different companies, they are of course run and owned by the same person. Senator Ly Yong Phat is a powerful member of The Cambodian People’s Party, and retains close personal ties to premier Hun Sen. His companies have unconstitutionally used police and military armed forces to threaten protesters and villagers across the nation.

Instead of listening to communities’ concerns, government officials and company representatives accuse community members of being oppositionist, and accuse NGOs of inciting villagers to protest and cause unrest, discouraging investors and disrupting development.

Land and natural resources in Cambodia must be managed for the benefit of all Cambodians, in accordance with the national law and Cambodia’s commitments to international human rights treaties. The land and the ways of life of Cambodian communities should be protected by its government. The protection and fulfillment of human rights, including those enshrined in the International Covenant on Economic and Social Rights, are central to development and poverty reduction. Development is a people-centred process that encompasses economic and social well-being. It must benefit the population as a whole, and people must be involved in decision-making about their land and livelihoods. The participation of affected communities would improve the equitable use of and benefits from Cambodia’s land and natural resources, and would reduce the negative impact of land concessions.

We believe that the United Nations has a role to play in pressuring the Cambodian government to honor its commitment to the Universal Declaration of Human Rights. We request that the UN remain aware of the erosion of civil liberties in Cambodia, and put the Cambodian government on notice that such abuses of power will not be tolerated by the international community. We are thankful for your concern about our issues of human rights and democracy in Cambodia. We hope that you and your colleagues will continue to play a vital role in channeling Cambodia towards becoming a thriving nation with strong independent institutions.

Respectfully Yours,

Ros Visal
Philadelphia, PA

Enclosure: LICADHO, Eviction and Land Grabbing Surges Across Cambodia

cc:

The Horable Kyung-wha Kang, UN Deputy High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais des Nations
CH-1211 Geneva 10, Switzerland

The Honorable Ann Syauta, United Nations Human Rights Officer
United Nations Plaza
Room DC1-640
New York, NY 10017

The Honorable Brian E. Kidwell, U.S. Consul General
United States Mission To The United Nations
140 East 45th Street
New York, NY 10017

The Honorable Hillary R. Clinton
U.S. Secretary of State
State Department
2201 C Street NW
Washington, DC 20520

TOM LANTOS HUMAN RIGHTS COMMISSIONER:

The Honorable Frank R. Wolf, Co-Chairman, TLHRC
US Representative (Congress from Virginia)
241 Cannon House Office Building
Washington, DC 20515

The Honorable Jim Moran, High Commission, TLHRC
US Representative (Congress from Virginia)
2239 Rayburn House Office Building
Washington, DC 20515

The Honorable James P. McGovern, Co-Chairman, TLHRC
US Representative (Congress from Massachusetts)
438 Cannon House Office Building
Washington, DC 20515

The Honorable Niki Tsongas, High Commission, TLHRC
US Representative (Congress from Massachusetts)
1607 Longworth House Office Building
Washington, DC 20515

The Honorable Ed Royce, High Commission, TLHRC
US Representative (Congress from California)
2185 Rayburn House Office Building
Washington, DC 20515

The Honorable Joseph Cao, High Commission, TLHRC
US Representative (Congress from Louisiana)
2113 Rayburn House Office Building
Washington, DC 20515
--------------

Eviction and Land Grabbing Surges Across Cambodia

By Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
Published on April 2, 2010

The use of military police by government-affiliated companies and individuals to forcibly evict villagers featured prominently in land grabbing cases in first quarter of 2010, leaving over 2,500 families at risk of losing their homes or livelihood.

LICADHO received 23 complaints of land grabbing between January and March 2010, ten of which involved the violent eviction of individuals following the grant of economic land concessions by government ministers to relatives or elites, and their affiliated companies.

In 25 percent of the land grabbing cases, individuals and organizations accused of land grabbing have used sponsored military police units to threaten, intimidate and arrest land activists and community representatives involved in land disputes, and to prevent peaceful demonstrations by villagers.

The sheer volume of land granted by economic land concessions in the following three high profile cases highlights how the government-affiliated individuals and organizations are increasingly resorting to intimidation, violence and control of police and military units to grab land occupied by villagers.

Kompong Speu's Thpong District
2,000 hectares of land belonging to more than 300 villagers in 10 villages was confiscated on
23 September 2009 by Okhna Ly Yong Phat, a Senator from the ruling Cambodian People's Party, for use as a sugar plantation. Ly Yong Phat Company was granted 9,052 hectares of land by the government as an economic land concession, affecting families in the Thpong district's Omlaing commune.

The villagers were offered – and refused – a paltry sum $100 to $200 per hectare to abandon their farms and livelihoods. The villagers started to protest after they saw bulldozers and tractors clearing their farmlands in Omlaing commune, Thpong district.

On 17 March 2010, more than 30 soldiers from Royal Cambodian Armed Forces' 313 battalion were deployed on the concession area where a number of violations occurred. The battalion is one of the military units officially sponsored by the Senator Ly Yong Phat in a patronage system, whereby private companies can sponsor specific military units.

On 18 March 2010, some 500 villagers staged a protest to stop workers of the company from clearing the land but failed to do so. Villagers then torched two makeshift shelters owned by the company.

Community representative Khem Vuthy and commune council member You Tho were then summoned for questioning at Kompong Speu provincial court on 18 March 2010. On 24 March 2010 they were detained and charged with incitement, colluding to set the structures on fire, and colluding to incite violence. Two other men were also summoned for questioning over the incident, but went into hiding after Mr. You and Mr. Vuthy were arrested.

The two representatives appeared in court on 24 March 2010. The same day, more than 500 villagers drove for hours on farming trucks to Kompong Speu town, so that they could support their community representatives. Numerous eyewitnesses have claimed that the men were not present when the structures were burnt to the ground. Mixed police lined their path, and reported the group's progress to their superiors.

Early the next day, hundreds of other villagers headed to Kompong Speu town to also show support. At least three of them were beaten by police and seven others suffered minor injuries. Other villagers from the same group were prevented from reaching the town altogether, with police disabling the engine of one farmer's truck. This conduct by police intimidated the villagers and severely restricted their freedom of movement and assembly.

On 26 March 2010, more than 600 villagers gathered on National Road 4, blocking the road for almost two hours, and demanded the release of their two representatives, Khem Vuth and You Tho. This led to heavy traffic congestion and prompted the deputy provincial governor, court officials and provincial police commissioner to talk with villagers. After lengthy negotiations, the villagers agreed to move and discuss the matter at the provincial court.

On 29 March 2010 Mr. You and Mr. Vuthy were released on bail and placed under surveillance.

Kompong Thom's Kraya Commune
In 2007, an economic land concession of 8,100 hectares in Kraya commune, Santuk district, Kompong Thom province was granted by government to the Vietnamese Tan Bien-Kompong Thom Rubber Development Company, leaving 1,362 families under threat of forced eviction.

On 6 December 2009, military and local police surrounded the community and forced them to thumbprint documents stating families agree to relocate. The forces blocked anyone from entering the site (including families with houses in the disputed area).

This happened as a group of about 100 villagers, who had traveled to Phnom Penh to file a complaint with the Prime Minister, were forced into trucks and driven back to Santuk district. The villagers were forced to disembark in Sang Kreang pagoda and were prevented from returning to their homes in the disputed area.

On 6 March 2010, over 50 families went to meet with the land distribution committee appointed by the company to demand their farmland but the Company refused and advised the villagers that the committee had been cancelled. They then travelled to Banteay Roveang, Kraya commune, where they were blocked and surrounded by more than 20 policemen. One policeman shot at villagers, causing three people to be hospitalized at Kompong Cham provincial hospital with serious injuries.

Tan Bien-Kompong Thom Rubber Development Company has signed a contract to lease 8,100 hectares of land in Kompong Thom province for a rubber plantation and the building of a rubber latex plant. The contract will be valid for 70 years and is running under a cooperation program of the Vietnamese and Cambodian governments.

Kompong Speu's Aoral District
In early 2009, the Singaporean company H.L.H. Agriculture demarcated roughly 10,000 hectares of land within the Aoral Wildlife Sanctuary in Aoral district, Kompong Speu. The demarcated area surrounds five villages which form the core community of an indigenous group, the Suys, and overlaps with forestry communities and farming land of the indigenous group.

On 3 March 2009, the H.L.H Agriculture Company was authorized by the government to establish corn plantations on 9,985 hectares of land based in Sas village, Sangke Satob commune and Trapeang Chour commune, Oral district, Kompong Speu.

In early May 2009, Singaporean H.L.H Agriculture company started excavating the forest land used by 350 families of the Suy community from the five villages affected.

On 4 June 2009, over 400 Suys - mostly women - protested the clearing of their farming fields by the company to build irrigation canals, pushing the machinery and workers out of the area.

On 21 December 2009, over a hundred Suys mobilized once more to stop the renewed clearing of the community's farming land by the company that was attempting to construct a road. After a day of protest and night vigil, Aoral district deputy governor Moang Thy visited the area alongside the Trapeang Chour commune chief and asked for the company to move away.

Throughout January 2010, similar face-offs happened. Every time, a little more land was cleared and lost to the company.

The Suys people are only found in Cambodia. According to knowledgeable community elders, there are only 1,200 Suys left in Cambodia, and thus the world.

Most Suys reside in five neighbouring villages in Kompong Speu's Aoral district: Putrea village, Ta Nel village, Kao Doun Tei village, Traang village, and Chambak village. Encroachments on their land constitute a serious threat to their survival as a people.

LICADHO reiterates it call for the government to ensure that land disputes are peacefully and fairly resolved.

“In my view, Chinese aid seems like bribery to our Cambodian government”: Tung Yap

(Photo: Reuters)

Chinese Aid Raises Warnings on Rights

Sok Khemara, VOA Khmer
Washington, DC Tuesday, 04 May 2010

China has pledged to provide military aid, including more than 250 trucks, exceeding an aid package scrapped by the US earlier this year after Cambodia expelled a group of Muslim Uighur asylum seekers.

Political analysts warn that such aid can embolden Cambodia to ignore its international obligations on rights issues.

Foreign Minister Hor Namhong announced the $14 million aid package, which includes 257 trucks and 50,000 uniforms, on his return from the Shanghai World Expo, where he accompanied Prime Minister Hun Sen.

Hun Sen met with Chinese President Hu Jintao and, Xinhua reported, “extended gratitude to China for the unselfish assistance to Cambodia in its social and economic development.”

That assistance includes a $1.2 billion aid package from China that was pledged just a day after Cambodia returned 20 Uighurs to China. The group had sought asylum in Cambodia after fleeing unrest in their home province, Xinjiang, in July.

Chinese and Cambodian officials have denied the aid was linked to the expulsion.

Rights groups warn that aid from China comes without the conditions, such as human rights improvement, often imposed by the West.

Such aid “actually empowers and emboldens the Cambodian government to pay less respect to those international norms,” Phelim Kine, a researcher for Human Rights Watch and a former journalist in Cambodia, told VOA Khmer. “And unfortunately that’s what we saw with regard to the Cambodian government’s decision in December 2009 to forcibly and illegally repatriate 20 Uighurs asylum seekers from Cambodia back to China.”

Major donors to Cambodia need to exact “a much more robust and substantive response” to Cambodia’s refusal to comply with its international obligations, he said.

The US withdrew an aid package of 200 military trucks to Cambodia in March, in response to the Uighur expulsion. A US State Department official declined to comment on the Chinese military aid pledge.

Koy Kuong, a spokesman for the Ministry of Foreign Affairs, said Cambodia does not simply accept aid without condition, adding that Cambodia controls its own political agenda. However, he said, “Cambodia will not kneel down to ask for assistance that is attached to conditions.”

Chanly Kuch, a Cambodian political observer in the US, told VOA Khmer the military aid package was not necessary in a country that has already come through so much conflict.

“Cambodia does not need any war, either among Khmer and Khmer or among foreigners and neighbors,” he said. “These weapons are not needed, and we should promote freedom of humankind. I very much regret that our Cambodian government has still trended toward being an authoritarian communist country that suppresses the rights of human beings.”

Tung Yap, director of the US-based Cambodian-Americans for Human Rights and Democracy, said accepting such aid was a loss of face.

“In my view, Chinese aid seems like bribery to our Cambodian government,” he said.