Phnom Penh in the spotlight

As regional political tensions ease, Cambodia takes over Asean chair with a golden opportunity to help group pursue economic goals.

9/01/2012

Achara Ashayagachat

Bangkok Post

"One of the biggest human rights issues ... is the epidemic of land-grabbing by well-connected businessmen and government officials, who use intimidation and violence to force rural farmers and urban poor alike off of increasingly valuable lands where they have lived for generations," said Mr Robertson.

The Cambodian Land Law, he said, was disregarded in a "might makes right" political culture where those with power take what they want.

More peaceful Cambodian-Thai relations, modest democratisation in Burma, and hopes for reduced tension with Beijing over the South China Sea are among the factors that should help Asean focus on creating a truly integrated economic community in the next three years.

Chairing the 10-country group this year is Cambodia, and the early days have been smooth given the improving atmosphere between often-antagonistic Bangkok and Phnom Penh. Asean foreign ministers will meet in Siem Reap from tomorrow to set the agenda for the year.

Cambodia, like other smaller members in the group, fully understands the need to catch up with others in light of globalisation, says Edmund Sim, an international trade lawyer and adviser to the Asean Secretariat. As long as potential distractions such as the Preah Vihear temple dispute can be avoided, Cambodia could follow up on Indonesia's successful term as Asean Chair, he said.

Mr Sim said Cambodia's challenges in 2012 include moving closer to a definitive resolution on Preah Vihear, working with Vietnam on selecting a new Asean secretary-general, monitoring developments in Burma, and pushing forward the Asean Economic Community agenda.

Cambodia courts inadequate to give justice to poor: U.N.

Thu, Jun 17 2010
Prak Chan Thul

"My position as an international lawyer, nobody should be sent to prison for exercising freedom of expression" - Surya Subedi

PHNOM PENH (Reuters) - Cambodia must bolster the independence of its judiciary to ensure it can provide justice for all, including the poor who often appear to have little chance of legal redress, a U.N. rights official said on Thursday.

Cambodia has for years been rebuilding its institutions after decades of conflict and turmoil, including the Khmer Rouge "Killing Fields" rule, but its judiciary remains weak and prone to interference, critics say.

Surya Subedi, United Nations Special Rapporteur for human rights in Cambodia, said he was troubled by disputes over land and, in a reference to the government's tough stand on dissent, what he described as a narrowing of political space for debate.

"I call on the Royal Government of Cambodia to introduce appropriate measures to enhance the independence and capacity of the judiciary to enable it to function as an institution capable of providing justice to all," Subedi told a news conference at the end of a 10-day fact-finding visit.

In a drive to attract foreign investment, Cambodia has awarded big concessions to companies, most from China, Vietnam and South Korea, to run mines, power plants, farms and plantations for sugar, rice and rubber.

But non-governmental groups and opposition politicians have accused the government of evicting villagers from their land without negotiation or adequate compensation to make way for some concessions.

POOR AND WEAK

Subedi called on the government to reform the judiciary to ensure fairness when such disputes arise.

"Many judges may have the necessary commitment to deliver justice according to law, but for many this commitment is compromised by external interference and for others the commitment is just not there," he said.

"If you are poor and weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management systems, or through the courts."

The government denies the accusations of land-grabbing, saying evictions are lawful and compensation is more than adequate.

The government, dependent on aid from foreign allies and international organizations, has often shown impatience with criticism of its human rights record.

Subedi said he was disappointed about the cancellation of a meeting with Prime Minister Hun Sen for health reasons, but said other senior government and judicial officials whom he met had promised reform.

Subedi also referred to the case of a prominent opposition politician and former minister of women's affairs, Mu Sochua, who was sued by Hun Sen after she accused him of defamation.

"I am troubled by the ... narrowing of political space for critical debate in society, due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents," he said.

Mu Sochua lost her legal battle with the prime minister but has refused to pay a $4,000 fine, saying she would prefer to go to jail.

"My position as an international lawyer, nobody should be sent to prison for exercising freedom of expression," Subedi said.

(Editing by Robert Birsel)

Labor Day "Who Killed Chea Vichea" Documentary Incident

1. Raising the screen at Wat Laingka
2. Local authorities forcibly removing the screen
3. Mr. Rong Chhun and Mu Sochua interviewed by local and international press
4. District authority demanding removal of second screen
5. Police pushing for removal of second screen
6. Long Ri speaking with local and international press

On Saturday 1st May, many SRP MPs, including Mu Sochua, Ho Vann, Long Ri, Son Chhay, Men Sothavarin and provincial councilor, Thach Seitha, brought their support to Mr. Rong Chhun, president of the Cambodian Independent Teachers Association and the Confederation of Cambodian Unions. Mr. Chhun had planned on screening the documentary "Who killed Chea Vichea" by filmmaker Bradley Cox at Wat Laingka on Labour Day at 5pm .

The video has been banned from being screened by the Cambodian authorities across the country due to the Union not being provided a proper authorization by the relevant government ministries. Yet, many including the SRP and foreign diplomats considered this non-provision a violation of freedom of speech. The SRP, through this act, aimed at emphasizing the need to respect freedom of expression by all in the country, and most importantly by official authorities.

During the event, Mr. Chhun placed a white screen to display the documentary. Very shortly after, the anti-riot police intervened and asked Mr. Chhun to bring it down. At his insistence to keep the screen up, the police resorted to bringing it down themselves and removing it to their vehicle by force. Mu Sochua and fellow MPs arrived shortly after. Mr. Chhun and MPs expressed their disappointment and disapproval to the local and international press concerning the authorities' actions. After a period of discussion with the police authorities, Mr. Chhun, with the support of MPs, brought another screen, in an attempt to go ahead with their original decision. However, the police forcibly removed the second screen. Mu Sochua announced that the video would now be screened at the SRP headquarters and again next week at Wat Laingka. "The people want the truth and justice. Chea Vichea is our hero. The video must be shown"(Mu Sochua).

SRP Cabinet

Handbooks on "restricted" demonstation rights?

Government To Issue Demonstration Handbooks

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
29 March 2010

The government on Monday announced the launch of public handbooks outlining the rights of demonstrators under a new law passed late last year.

The handbook, which was sponsored by USAID, seeks to prevent legal conflict for protesters following the December 2009 passage of a controversial demonstration law.

Demonstrations in Cambodia sometimes lead to injuries among participants, who clash with armed security forces over issues such as land rights and labor conditions.

Some 200 officials, including provincial leaders, police and military police, as well as non-governmental organizations, took part in the announcement Monday.

Critics say the demonstration law, which restricts non-sanctioned gatherings to under 200 people, is too strict and reduces basic constitutional freedoms and that it does not clarify what issues relate to “national security, public order, health and public morality,” key provisions in the law.

However, officials said Monday that in exercising their rights, people must stay within the law.

“If there are 200 demonstrators, the demonstration leader must inform the local authorities, but doesn’t have to wait for a response,” Interior Minister Sar Kheng told participants Monday. “If there are more than 200 demonstrators, the demonstration leader should inform the authorities of the road of the march and the time of the march.”

This is to ensure security officials can keep public safety, he said.

“We are not banning freedom of expression,” he said. “We are promoting democracy and respect the freedom of expression by the people. If the demonstration has 50,000 to 100,000 people without informing the local authorities and the government, Cambodia may not advance to that point yet.”

Rong Chhun, president of the Cambodian Independent Teachers’ Association, said Sar Kheng’s comments did not reflect the letter of the law. “I think continued discussion is meaningless,” he said.

Ou Virak, president of the Cambodian Center for Human Rights, said the law must be explained to authorities because points on public order and security are unclear.

“If the authorities are strict in implementing the demonstration law, the demonstration and demonstration leaders will suffer from this law,” Chan Saveth, an investigator for the rights group Adhoc, said. “We are very worried for the restriction of the freedom of expression.”

Six Questions for John Scott-Railton on Cambodia

December 23, 2009
Ken Silverstein
Harper's Magazine (USA)

While completing a master’s degree at the University of Michigan, John Scott-Railton helped develop “participatory mapping” projects aimed at protecting the fragile property rights of poor families living in Phnom Penh. While there he became an advocate of transparency in Cambodia’s natural resource management. Scott-Railton, now a doctoral student at the University of California-Los Angeles, has traveled extensively in Cambodia and throughout Southeast Asia. I recently asked him six questions about the political situation in Cambodia and the role there of the international community. (Note: For a look at the apparel industry in Cambodia, which is promoted by industry as the “anti-sweatshop country,” see my piece in the January issue of Harper’s.)

1. In theory, Cambodia has emerged as a multiparty democracy with political freedoms. What’s the general state of democracy in Cambodia?

Faltering. You can still find opposition members in the National Assembly, but the ruling party has overwhelming political, social, and military power. The stubborn few parliamentarians who refuse to play along have been stripped of immunity. Right now several face prosecution. The royalists were the last rival to the ruling Cambodian People’s Party (CPP), but they split in 2007. Many suspect the CPP orchestrated the breakup. In the 2008 elections the party further consolidated its power, facing only a hodgepodge of smaller parties vying for a few seats.

Radio and television are tightly controlled in Cambodia. Public dissent can also be dangerous. Journalist Khem Sambo and his son were publicly gunned down in the run up to the 2008 elections. He’d been investigating high-level corruption. A local human rights group has documented at least 40 extrajudicial killings by police, soldiers and officials in 2008 alone. I’ve witnessed the fear of Cambodian colleagues who have received threats. It doesn’t really matter whether these acts were sanctioned by the regime or were committed by party loyalists for personal reasons: Cambodians can see that violence happens to dissidents. It doesn’t take many deaths to make many feel it is prudent to keep criticisms to themselves.

2. What’s the status and impact of the genocide trials?

After years of negotiation, the UN managed to orchestrate the Extraordinary Chambers in the Courts of Cambodia, aka the Khmer Rouge Tribunal. The first trial just wrapped up. Kaing Geuk Eav, prison warden of notorious S21 prison, faces a life sentence. The verdict should be handed down in January.

The calculated barbarities of the Khmer Rouge touched every family in the country. Cambodians yearn for the airing of testimony and the public trial of those responsible. But many clearly weren’t satisfied by the limited opportunity for victims’ testimony, or the slow pace of the proceedings, which are not expected to end before 2015. After waiting three decades for justice, it’s easy to see why many are impatient. Cambodians see the high-profile accused perpetrators are old and frail. One already has died in custody. It’s anybody’s guess how many will be alive to face potential life sentences.

Many Cambodians aren’t convinced about the independence of the process. The trials have been plagued with financial trouble as donors struggle to negotiate funding amid corruption allegations against trial officials and concern about the impartiality of the proceedings. They have also been subject to a great deal of interference from the regime. This has led many to believe that the trials will not address the links between powerful figures in the current regime and the Khmer Rouge.

3. How’s the economy doing? Is there a risk of the “resource curse”?

Cambodia’s natural resources (old growth forests, precious and metallic minerals, and oil) are disappearing into the opaque maw of the ruling elite. Take forestry: Over 30% of the country’s forest cover disappeared in the first half of this decade. But accurate maps of what the regime sold and to whom remain hidden behind the tinted windows of the Forestry Administration.

In the 1990s, so-called anarchic logging was the problem. Under substantial international pressure, the government shut down those small operators. But logging didn’t even pause. It just became a military operation, under the pretext of developing the forests for agriculture. Global Witness has shown that close associates of the Prime Minister were involved in these dealings. Cambodia banned their reports and kicked the organization’s team out of the country.

The discovery of oil came relatively recently. Proven reserves are capable of generating an estimated $1.5 billion plus peak yearly revenue. When rights were negotiated in a secret bidding process, Chevron got the largest bloc. Whatever Chevron paid for the privilege doesn’t show up in the national budget. I don’t think anyone expects oil revenues will do much for the average Cambodian.

4. What’s the role of the international community, especially the United States?

The regime has been dependent on Western aid from day one, and knows that allowing the international community access to policy-making is a good way to raise revenue. The regime sees new revenue on the horizon, including from Chevron, and it has responded by closing some of these doors. The international community is having a hard time adjusting to this.

I’m not sure that the U.S. thinks that our assistance is effectively promoting democracy at the moment. Direct aid to Cambodia was blocked until 2007, a legacy of the Khmer Rouge era. In a quid-pro-quo, the US agreed to restore direct aid in exchange for greater protection for opposition leaders and civil society freedoms. It was an interesting move, but not very effective. Several vocal parliamentarians have had their immunity stripped. Although some U.S. congressmen have voiced some strong concerns at home, we haven’t frozen the aid.

Many suspect that U.S. competition with the expansion of Chinese ‘soft power’ in Southeast Asia helps explain why aid continues to flow. Although its ambitions aren’t clear, China has worked hard to make itself a more attractive partner to the regime, offering aid and investments with fewer strings attached. The U.S. knows this isn’t exactly a hard sell, and may be reluctant to use aid to foster democracy when it is trying to keep a seat at the table. The regime has loosened the conditions on its aid by encouraging two powers to compete for influence.

5. What about the World Bank? Has it played a positive role?

Many feel that the Bank hasn’t consistently monitored its projects on the ground, resulting in a lot of waste, and a lack of accountability. But the Bank’s strategy may be changing. Partly in response to corruption, it has frozen funding for several projects in the past few years. This fall, it scrapped a massive, underperforming land-titling program. It also officially protested the epidemic of Cambodian government land-grabbing. Many observers hope the Bank will seek much more accountability from the government in the future. It can certainly improve its relationship with civil society groups in Cambodia by becoming more accountable and transparent itself.

6. Cambodia is flooded with international NGOs. What sort of impact have they had?

The record of NGOs in Cambodia is very mixed. If you want to see successes, look at the sectors where aid compliments the government, like public health, education and infrastructure. True, the projects are sometimes wasteful. But this is money that the regime doesn’t have to spend, and progress it can take credit for. The picture is different in sectors key to the regime’s revenue and political control. Organizations working on governance, natural resource management or civil society keep getting out-maneuvered. Some great people have dedicated themselves to Cambodia for the long haul. Unfortunately, there are also a lot of well-intentioned Westerners who show up without the background, experience or language to match the regime’s politicking. This plays into the regime’s efforts to paint international campaigners as clueless meddlers. Resentment of foreign influence and national pride continue to alienate many Cambodians from the NGOs.

Cambodia’s opposition leader denounces the authoritarian drift of Hun Sen’s regime

Sam Rainsy deplores the authoritarianism of Cambodia's prime minister who is in power for the past two decades (Photo: AFP/Tang Chhin Sothy)

15 December 2009
By Jacques Follorou
Le Monde (Paris, France)
Translated from French by Tola Ek

L'article en français se trouve en fin du texte anglais.

“For now, I am an alibi for democracy to Hun Sen, my country’s prime minister, however I think that he will kill me before he quits power.” Opposition leader Sam Rainsy already escaped two assassination attempts: in 1997 and 1998. “To Hun Sen, I am a guarantor to the foreigners that he respects freedom, but in reality, his regime never ceased to harden up.”

Currently in Paris, where he once lived, Sam Rainsy uses his quick wit and his oral gift to describe the development of the Cambodian society. Symbolizing an elite in exile before returning back home to take on political position, he looks ten years younger than his actual 60-year-old age. A former Finance minister between 1993 and 1994 in the coalition government, he embodies an alternative to the old decaying Hun Sen regime. The latter is in fact one of the oldest leaders in the world who still in power, and he is also the leader of the Cambodian People’s Party (CPP) which advocates a Vietnamese-inspired model of market economy.

In November, the political hardening of Cambodia was translated into a crisis with Thailand, its neighbor. Diplomatic relations were cut off between the two countries after Hun Sen decided to offer asylum to Thaksin Shinawatra, the former Thai prime minister who was sentenced in his country to two years in prison for embezzlements. Cooperation agreements between the two countries were suspended following Thaksin’s nomination as personal advisor to the Cambodian prime minister.

“Hun Sen is pouring oil on fire with Thailand to weaken it within ASEAN, but also to hide the strengthening of his relationships with Vietnam, his other neighbor,” Sam Rainsy said.

Unexpected resistance

However, as head of the Cambodian opposition – the Sam Rainsy Party (SRP) –that counts 26 MPs and 7 senators, “the worst” is inside of the country itself. According to Sam Rainsy, “Hun Sen is held by his throat.” He recently reduced salaries for police officers, soldiers and civil servants and he is also initiating property tax, as well as taxes on motorcycles, the most popular transportation means in Cambodia. “Yet, he promised never to touch lands or popular transportation means.”

According to Cambodia’s opposition, public freedom is also seriously threatened. “The novelty is that he is now attacking militants at the base, not just the leaders only. Public meetings without authorization and demonstrations are prohibited, this regime holds itself up only through fear,” Mr. Sam Rainsy indicated.

The traditional political equilibrium which was assured by the weight of the royalist is no longer working. “Before, the royalists were the alternative to communism, but, since 1995, they only act as a guarantor and they allowed Hun Sen to remain in power.”

Likewise, according to Sam Rainsy, Hun Sen’s virulent attacks against the international tribunal currently trying the former Khmer Rouge leaders in Phnom Penh reveal “the regime’s true nature.” “He (Hun Sen) criticizes new charges brought up by the special tribunal because he is afraid to reveal openly the stranglehold of the former mid-level Khmer Rouge cadres who are now the main actors of the current regime.”

Nevertheless, according to the Cambodian opposition leader, “the authoritarian drift” of the regime would be blocked by unexpected resistance. The increasing use of mobile phones in the country contributes to the advancement of plurality during election campaigns and also to the distribution of alternative information to the regime’s media propaganda. The opening up of competition in some market segments, such as telecommunication, would loosen up the country’s stranglehold. “When a dictatorship wants modernity, it must accept a dose of freedom,” Mr. Rainsy indicated.
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Le chef de l'opposition cambodgienne dénonce la dérive autoritaire du régime de Hun Sen

15.12.09
Jacques Follorou LE MONDE

"Pour l'instant, je suis l'alibi démocratique de Hun Sen, premier ministre de mon pays, mais je pense qu'il me tuera avant de quitter le pouvoir." Le chef de l'opposition cambodgienne, Sam Rainsy, a déjà échappé, en 1997 et 1998, à deux tentatives d'assassinat. "Pour Hun Sen, je suis une caution pour les étrangers attestant qu'il respecte les libertés, mais en réalité, ce régime ne cesse de se durcir."

De passage à Paris, où il a vécu dans le passé, il use d'un esprit vif et d'un certain don de la formule pour décrire l'évolution de la société cambodgienne. Symbole de cette élite exilée avant de revenir au pays exercer des fonctions politiques, il fait dix ans de moins que ses 60 ans. Ex-ministre des finances entre 1993 et 1994 dans un gouvernement de coalition, il entend incarner une alternative au régime vieillissant de Hun Sen. Ce dernier est l'un des plus anciens dirigeants au pouvoir au monde et leader du Parti du peuple cambodgien (PPC), qui prône un modèle communiste d'inspiration vietnamienne tourné vers l'économie de marché.

Le raidissement de la politique du Cambodge s'est traduit, en novembre, par la crise déclenchée avec son voisin, la Thaïlande. Les relations diplomatiques ont été rompues entre les deux Etats après qu'Hun Sen a décidé d'offrir l'asile à l'ex-premier ministre thaïlandais, Thaksin Shinawatra, condamné dans son pays à deux ans de prison pour malversations financières. Les accords de coopération ont été suspendus après la nomination de Thaksin comme conseiller personnel du premier ministre cambodgien.

"Hun Sen jette de l'huile sur le feu avec la Thaïlande pour l'affaiblir au sein de l'ASEAN (l'Association des nations de l'Asie du Sud-Est), mais aussi pour masquer le renforcement de ses relations avec le Vietnam, son autre voisin", estime Sam Rainsy.
Résistances inattendues

Mais, selon le chef de l'opposition cambodgienne, dont la formation politique, le Parti de Sam Rainsy (PSR) compte vingt-six députés et sept sénateurs, "le plus grave" se trouve à l'intérieur du pays. "Hun Sen est pris à la gorge", selon M. Rainsy. Il vient de réduire les salaires des policiers, des militaires et des fonctionnaires, et il a instauré un impôt foncier ainsi qu'une taxe sur les motos, moyen de locomotion très répandu au Cambodge. "Il avait pourtant promis de ne jamais toucher à la terre ou aux transports populaires."

Les libertés publiques, d'après les opposants cambodgiens, seraient également menacées. "La nouveauté, c'est qu'il s'attaque désormais aux militants de base et pas seulement aux chefs, les réunions publiques sans autorisation et les manifestations ont été interdites, ce régime se maintient par la peur", assure M. Rainsy.

L'équilibre politique traditionnel assuré par le poids des royalistes ne fonctionnerait plus. "Avant, les royalistes étaient l'alternative au communisme, mais depuis 1995, ils ne sont qu'une caution et ont permis à Hun Sen de se maintenir au pouvoir."

De même, les prises de position virulentes de Hun Sen contre le tribunal international jugeant actuellement, à Phnom Penh, d'ex-chefs khmers rouges dévoileraient, selon Sam Rainsy, "la vraie nature du régime". "Il critique les nouvelles poursuites engagées par le tribunal spécial, car il craint que n'apparaisse au grand jour l'emprise des ex-cadres intermédiaires khmers rouges jouant aujourd'hui un rôle de premier plan dans le régime".

Néanmoins, à en croire le chef de l'opposition cambodgienne, "la dérive autoritaire" du régime s'opposerait à des résistances inattendues. La multiplication des téléphones portables dans le pays contribuerait à faire avancer la pluralité dans les campagnes et à diffuser une information alternative à celle donnée par des médias tenus par le régime. L'ouverture à la concurrence de certains marchés, comme les télécommunications, desserrerait l'étau imposé sur le pays. "Quand une dictature veut la modernité, elle doit accepter une certaine dose de liberté", estime M. Rainsy.

ASEAN Summit Off To A Controversial Start

10/23/2009

(RTTNews) - The three-day annual summit of the Association of South-East Asian Nations got off to a controversial start Friday when the launching of the ASEAN Inter-governmental Human Rights Commission (AICHR) was marred by half of the representatives of civil society groups being denied chance for an audience with the ASEAN leaders.

The governments of Cambodia, Laos, Myanmar, the Philippines and Singapore all rejected the delegates chosen by the ASEAN Civil Society to meet with the leaders of the member-states, now a regular event at ASEAN summits to demonstrate the group's new 'people orientation.'

The rejected delegates included Cambodia's Nay Vanda, Laos' Manichanh Philaphanh, Myanmar's Khin Ohmar, the Philippines' Crescencia Lucerno, a Franciscan nun, and Singapore's Sinapan Sanaydorai, a labor activist.

The governments said they would not take part in the dialogue if the five activists were present. Instead, Singapore and Myanmar flew in substitutes from government-sponsored agencies, with the latter sending two former police chiefs to represent civil society.

When the interactive meeting began without the original civil society representatives, those from Indonesia, Malaysia, and Thailand walked out, leaving the process a mere 'government affair.'

Debbie Stothard of the ASEAN People's Forum, an umbrella group of non-governmental organizations, said "ASEAN has lost credibility." She described the incident as 'disturbing.'

The summit, being held at the Thai beach resort of Cha-am, south of the capital Bangkok, was due to sign declarations on food security, regional connectivity, disaster management and cultural exchanges.

Both the cities are under tight security. Originally scheduled to hold in April, the half-yearly summit was twice postponed due to political unrest and inconvenience of some Asian leaders to attend it.

Still, half the bloc's 10 leaders failed to show up at the opening of the conference Friday.

Thai Prime Minister Abhisit Vejjajiva, who presided over the inauguration ceremony, called the launching of the Human Rights Commission 'a significant milestone in the evolution of ASEAN," while critics say it is incapable of punishing human rights violators because it focuses on promotion rather than protection of human rights.

He called for a more dynamic, action-based ASEAN as it moves toward its goal of achieving an integrated ASEAN Community similar to the EU by 2015

An inter-governmental body having consultative nature, the basic purpose of the AICHR is to promote and protect human rights and fundamental freedoms of the peoples of ASEAN. It is also meant for developing strategies for upholding the right of the peoples of ASEAN to live in peace, dignity and prosperity.

The AICHR charter calls for enhancing regional cooperation with a view to complementing national and international efforts on the promotion and protection of human rights.

A clause in the charter, non-interference in the internal affairs of ASEAN Member States, makes it claw-less in dealing with obvious and serious human rights violations going on in a region notorious for human rights abuses, especially countries like Myanmar, Cambodia, Laos and Vietnam.

At the same time, it empowers the regional body to consult, as may be appropriate, with other national, regional and international institutions.

The AICHR shall convene two regular meetings per year.

An annual report on its activities will be submitted to the ASEAN Foreign Ministers Meeting.

ASEAN has been widely criticized in the past for failing to pressure the Myanmar military regime to free Opposition leader Aung San Suu Kyi and more than 2,000 other political prisoners.

With a focus on the process to integrate the ASEAN community, education and human resource development will be given top priority at the 15th ASEAN Summit.

The bloc will also meet with regional dialogue partners - China, Japan, South Korea, India, Australia and New Zealand.

‘Limited’ Freedom in Radio: Broadcaster

Mam Sonando at his release from jail in 2005

By Sok Khemara, VOA Khmer
Washington
11 September 2009

Cambodia’s airwaves are suffering from limited freedom of expression and political bias, a prominent radio station director said Thursday.

“If we take a look, we don’t clearly know about the freedom of press in Cambodia,” Mam Sonando, who runs Beehive Radio on FM105, told “Hello VOA” during a studio visit to Washington. Speaking only for his own radio station, “freedom of expression exists, but is limited,” he said.

There are limitations on what can be said, while stations friendly to the ruling Cambodian People’s Party seem more able to increase their coverage.

“We’ve asked for permission to do so, but have been turned down,” said Mam Sonando, who is on a fund raising visit to the US.

Twenty radio stations operate in Phnom Penh, with another 25 in the countryside, while nine television stations can be found across the country.

Political observers say the ruling party tends to receive much coverage of development projects and other positive events, helping it at the polls, while opposition parties are often limited to brief media access during campaign periods, a requirement of election law.

Mam Sonando has been jailed twice by the government, most recently in 2005, for programming related to border agreements between Cambodia and Vietnam.

He emphasized the importance of freedom of expression to improve the country, and he allowed the government to allow more.

RIP Free expression under Hun Xen's autocratic regime

Free Expression Severely Deteriorated: Groups

By Im Sothearith, VOA, Khmer
Original report from Washington
24 July 2009

Freedoms of expression and the press have been seriously damaged in recent months, which can have a ripple effect throughout the region, rights groups and analysts said recently.

The Southeast Asian Press Alliance and other concerned groups sent an open letter to Prime Minister Hun Sen July 17, denouncing a “rapidly and palpably deteriorating environment for free expression in Cambodia.”

The open letter, signed by 12 advocacy groups from across Southeast Asia, marked concerns that political speech and press freedom have been severely restricted after harsh attacks against parliamentarians, advocates, lawyers and journalists over the past year.

SEAPA stressed in the letter that Cambodian leaders and the ruling party must be aware that violations of people’s rights to free expression are ultimately a regional problem and concern.

Roby Alampay, SEAPA’s executive director, told VOA Khmer by phone that over the past year, there have been a lot of worrying trends, which the letter sought to bring to national, regional and international attention.

The 42nd Asean Ministerial Meeting this week will adopt the terms of reference for the formation of an Asean Human Rights Body, to be launched in October, and Southeast Asian nations should take notice of what is happening in Cambodia, he said.

“In anything, awareness of the matter is good,” Alampay said. “At the same time in Cambodia, we want the Cambodians to know that this is something that we are bringing to the attention of the region; they are not alone.”

Ou Virak, president of the Cambodian Center for Human Rights and one of the signatories of the open letter, told VOA Khmer in a phone interview that the letter is to address concerns of the advocacy groups in the region about free-expression violations in Cambodia.

The letter was not intended to put pressure on the Cambodian government, but to bring awareness to the government that the measures it has been taking are really restrictions to the freedom of expression, which must be avoided, he said.

“We understand that the oppression of free expression, of whatever sort, makes a negative picture for Cambodia,” he said. “Recently the government has used the court to oppress and threaten its critiques. The court is an issue because it is not independent; it cannot protect people fairly before the law. I think the government is taking advantage of a biased judicial system to oppress its critiques.”

Chea Vannath, an independent political analyst, told VOA Khmer by phone that as Cambodia is one of the signatories of some international laws, including for free expression, Cambodians have an obligation to abide by them.

She added that human rights violations, including freedom of expression, are a regional problem because what happens in one country can create difficulties in neighboring countries. Therefore, countries in the region have the right to raise their concerns.

“Severe human rights violations in a country make its people flee for refuge in other Asean member countries,” she said. “In this case, although human rights violations happen in your country, if we don’t take timely action, the difficulty will spread to other Asean countries.”

SEAPA called for Cambodia’s leadership to demonstrate its commitment to constitutional guarantees for freedom of expression as well as to the International Covenant on Civil and Political Rights, to which it is a signatory.

As Cambodia is a member of Asean, it must live up to the values and spirit addressed in ASEAN charter: “respect for the fundamental freedoms, promotion and protection of human rights,” the group said.

Violations committed by Cambodia’s leadership and its ruling party against the country’s activists over the past year undermine the values, principles, and directions of the Asean community to which it belongs, the group said.

CCHR Statement on the ban of Global Witness website, and on Buddhism issue

Cambodian Center for Human Rights (CCHR)

Media Statement
For Immediate Release

Phnom Penh, 9 February 2009 - The Cambodian Center for Human Rights (CCHR) is concerned by reports of AngkorNet’s move to block access to the website of the UK-based corruption watchdog Global Witness; and of the Prime Minister’s support for the censorship of works which depict Buddhism.

The Global Witness recently released a 98 page “Country for Sale” report (Khmer version) which accuses the corrupt ruling elites of monopolising the country’s mining and oil industries. It is obvious that the government reaction was to discredit the validity of the report and thus minimise its dissemination. On its part, AngkorNet, a local internet service provider (ISP) blocks its customers from access to the website.

Back in June 2007 the Cambodian government banned the Global Witness’s “Family Trees” report. The reaction usually leads to censorship among those institutions that could impart the information such as the media and internet providers.

The Prime Minister’s full support of the monks’ outcry for the modification of some parts of the rock opera Where Elephants Weep is another instance of curtailing free expression in Cambodia. His advice that authors, filmmakers and playwrights have to seek permission from the Ministry of Cults and Religions before their works related to Buddhism go public is nothing less than containing freedom of expression.

The CCHR urges the Royal Government of Cambodia to tolerate creativity and free expression. Freedom of expression must be the norm in Cambodia; restriction the exception.

For more information, please contact:

Mr. Ou Virak, President, CCHR
Tel: +855 12 404 051
Email: ouvirak@cchrcambodia.org

Mr. Abbot Rupert, Director, Development & Programs
Tel: +855 17 500 778
Email: rupertabbott@cchrcambodia.org

Cambodia drafts law to regulate internet

20 January 2009
By Alice Kok
FutureGov.net

The Ministry of Information is currently drafting a law that will extend current print media rules to other media platform, including the internet.

“This law will be used to formalise content management rules so that they can be easily applied by future information ministers,” says Khieu Kanharith Information Minister. “We are drafting the legislation in order to have a proper law to manage radio, television and other platforms,” he said.

The minister says the recent explosion of media outlets has made the law necessary.

The number of internet users in Cambodia has increased from 6000 in 2000 to more than 70,000 regular Internet users today. The country also has 9 aerial television channels, 60 cable channels and dozens of print media.

The Ministry of Information said that the major intent of this law is to control the publishing of audio-visual data, of games, and of entertainment programmes and advertisements through the Internet, to ensure moral respect. Electronic news portals will not be affected.

After completion, the draft law will be sent to the Council of Ministers for approval.

CAMBODIA: Stronger government, more vulnerable press

Excerpt from "Looking back, looking ahead: Press Freedom in Southeast Asia"
Source: SEAPA, Southeast Asian Press Alliance

The media situation in Cambodia palpably deteriorated in the runup to the July 27, 2008 elections, with the overall atmosphere marked by violence, and highlighting continuing questions about the environment for press freedom beyond the political season.

Journalist Khim Sambo of “Moneakseka Khmer” newspaper was shot dead on July 12 by still-unknown gunmen. Sambo’s son, Khat Sarin Pheata, was also killed. The Cambodian media saw the murders as a warning to their sector. Earlier, Sambo’s superior, Dam Sith, was jailed for a week for allegedly defaming Cambodian Foreign Minister Hor Nam Hong.

Also, in the early part of the year, a local journalist, Khuon Phlaivy, survived a slay attempt. He had received death threats earlier.

Too powerful

For all the violence, however, it was still the elections that served as a portent of the larger issues that confronted the media in 2008, and that will continue to hang over the heads of the country’s journalists.

Prime Minister Hun Sen and his party, the Cambodian People’s Party (CPP), handily won the elections. They managed to secure more than two-thirds of the National Assembly seats.

The opposition Sam Rainsy Party has been trying to bargain for a power-sharing scheme, but with the CPP holding 90 of 123 seats, there is little leverage in the National Assembly to ensure that a system of checks and balances is in place.

This has gotten the media and human rights groups on edge. The main challenge confronting Cambodian media is a pending bill in parliament with provisions aimed at curbing the activities of local and international non-government organizations operating in Cambodia. Saying terrorists might use NGOs as fronts to penetrate Cambodia, Prime Minister Hun Sen has thrown his full support behind the bill, and backed by a super majority, he is poised to pass legislation that could further dampen the press freedom situation in the country.

Dubious laws, weak courts

Cambodia currently has two Press Laws, the first being the one adopted in 1993 under the UNTAC and the second in 1994 adopted by the National Assembly. Both laws have provisions aimed at curtailing press freedom and hindering the work of journalists. These provisions include Articles 12 and 20 of the Press Law that vaguely define offenses deemed harmful to national security. This ambiguity enables judges and authorities to prosecute members of the media unjustly. The UNTAC law’s Article 62 also has vague provisions against “disinformation”, another matter that can too easily render journalists and their sources vulnerable to unjust prosecution.

Beyond weaknesses and traps in the law, the judiciary itself cannot be expected to remedy such dangers. The judicial branch of government is seen as politicized and inclined towards the whims of the executive branch. Corruption is also widespread, and there are inconsistencies in the way judgments are passed, particularly on matters of political sensitivity, including issues of rights and liberties.

The Internet

New media offers some crucial room for public discussions. Though the Internet penetration rate is only 0.5% of the population, or 40,000 out of the seven million adult population, Cambodia is noted for a burgeoning community of bloggers. Here though, there are also new dangers. The government is now considering how to extend rules governing traditional media, so as to make them apply to online media and platforms as well.

The Ministry of Information is drafting legislation that allows existing print regulations to govern other media, including the Internet, but vows not to curtail press freedom.

The Ministry of Information wants to extend existing libel, defamation and ethics rules applying to print and broadcasting media to web-based platforms.

Officials insist that such proposals are not intended to impact on freedom of the press. Still, control of the Internet recently became an issue when several government officials suggested shutting down a website by Cambodian-American artist Reahu, whose depictions of semi-nude Apsaras were claimed to degrade Cambodian culture.

The Cambodian Association for the Protection of Journalists (CAPJ), a SEAPA partner, says it is troubled by the Cambodian government's plan to regulate the Internet through the enactment of a law by late 2009. CAPJ appealed to the government to put the plan on hold. The group stressed that “since the Internet became available in 1997, it has been serving the public well despite the absence of laws governing it. Furthermore, no major incidents involving the Internet which caused negative consequences to Cambodian society has taken place.”

With the prospect of the new regulation, CAPJ President Um Sarin said: "It seems the government is applying autocratic rules to control everything about communication. We worry that this law would be used as a tool to control and clamp down on bloggers who harshly criticize the government and we appeal for the government to reconsider its current plan."

Ministry of Information denies it wants to control the Internet

Khieu Kanharith (Photo: DR, Cambodge Soir Hebdo)

15 Jan 2009
By Pen Bona
Cambodge Soir Hebdo
Translated from French by Tola Ek
Click here to read the article in French

The draft law only aims at audiovisual and print media, the authority claimed.

In a declaration dated 13 January, the ministry of Information denies information in which a draft law to control the Internet is under preparation.

On 12 January, the Cambodian Association for Protection of Journalist (CJPA) expressed its concerns about this draft law which could affect the freedom of expression.

“Neither in the past, neither today, nor in the future, will the control of Internet sites be part of the ministry’s mission,” the declaration indicated.

According to this declaration, the draft law affects only radio stations, TV stations, as well as printing shops.

Cambodian media group opposes legislative bill that will regulate Internet

12 January 2009
Source: CAPJ

The following is a statement from the Cambodian Association for the Protection of Journalists (CAPJ), a SEAPA partner based in Phnom Penh:

Government attempts to regulate the Internet

The Cambodian Association for the Protection of Journalists (CAPJ) expresses its concern about the Cambodian government's plan to regulate the Internet through the enactment of a law by late 2009.

CAPJ appeals to the government to put the plan on hold temporarily and that a survey be conducted instead.

CAPJ observed that since the Internet became available in 1997, it has been serving the public well despite the absence of laws governing it. Furthermore, no major incidents involving the Internet which caused negative consequences to Cambodian society has taken place. Actually, the public has already grown accustomed to this new technology and has been enjoying freedom to utilize this latest electronic tool. With the prospect of the new regulation, CAPJ President Um Sarin said: "It seems the government is applying autocratic rules to control everything aboutcommunication. We worry that this law would be used as a tool to control and clamp down on bloggers who harshly criticize the government and we appeal for the government to reconsider its current plan."

CAPJ will closely watch this situation and at the same time invite donor countries as well as the local and international human rights NGOs to take appropriate action should the Cambodia government pushes through with this new regulation.

CAPJ Secretariat

For more information, contact:
Um Sarin (umsarin59@yahoo.com)
Duong Hak Samrithy (duonghak.samrithy27@gmail.com)

Experts See Trauma Transferred to Youth [-Youth forbidden to talk politics by their parents]

By Pich Samnang, VOA Khmer
Original report from Phnom Penh
16 September 2008

Kim Sru is a vendor at Olympic Market in Phnom Penh. In the 1970s, she was in a Khmer Rouge mobile youth unit in Battambang province. The 49-year-old vendor survived the regime because she never expressed her opinion, nor asked nor complained of orders or principles of any kind. She was afraid she would be killed if she did.

"Those who dared to complain or talk politics were killed by the Khmer Rouge," she said in a recent interview.

In Pol Pot's era, officially called Democratic Kampuchea, Cambodians were deprived of their rights to free expression or constructive criticism. If anyone spoke out or complained about anything a cadre did not like, he or she would be executed as an enemy of the Angkar, the Organization.

Experts say that even now, with the Angkar long gone, its effects linger on, in victims who suffered trauma, and in the next generation, who suffer as well.

Kim Sru's experience under the Khmer Rouge has had an effect on her two sons. She has banned them from talking politics or expressing their opinions on the rich and powerful, or any leaders of the country.

"I advise them not to talk about politics as so doing is dangerous," she said.

"If I just chat with friends [about politics], that's ok. But, if I speak out in public places, she does not allow me to do so," said Sok Sambo, one of her sons. "I think she does not let me talk about the leaders or the powerful maybe because of her fear left behind by the Khmer Rouge regime."

Dr. Mony Sothara, head of the psychiatric department of Phnom Penh's Preah Kossamak Hospital, said most survivors of the Khmer Rouge suffered years of trauma as they experienced torture and threats and witnessed violence and murder.

This trauma is being passed to their children, experts say.

"In my study, I found that parents who were traumatized by the Khmer Rouge regime tend to be too protective of their children," said Om Chariya, a psychology assistant at the Center for Social Development, who recently interviewed 200 high school students in Phnom Penh for her study on the transmission of trauma to the second generation.

"Being too protective causes their children to suffer from depression and anxiety," she said.

Psychiatrist Ke Chhum, of the Cambodia-Soviet Friendship Hospital, said for the past few years about half of his trauma patients have been young people. He said they may have mental problems because of their parents' trauma together with social problems facing youth today.

That has caused a shift in the types of patients he receives, from those 40 and up in the 1990s, to a younger generation now.

"About 40 percent of the population are young people between 15 and 20," said Dr. Chhim Sotheara, manager of the Transcultural Psychosocial Organization. "So just imagine in the next 20 years how they will lead their lives, when they become parents themselves, if now they are brought up by their traumatized parents."

Kratie Radio Will Not Reopen: Ministry

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
06 June 2008

Click here to listen the program in Khmer

The Minister of Information on Friday denied an appeal by a local human rights group to reopen a Kratie radio station that aired messages from four competing political parties.

The Angkor Ratha station, broadcasting on FM105.25, operated for only two weeks before it was shuttered by a ministry order May 28.

"The abrupt closure of this radio station reflects very poorly on the government's commitment to allowing democratic debate prior to the July national elections," said Kek Galabru, president of the rights group Licdho, in an appeal Thursday to have the radio reopened. "It also highlights how freedom of expression and information is tightly controlled on Cambodia's radio and television stations, particularly in rural areas."

Information Minister Khieu Kanharith said Friday he will not allow the station to continue its broadcasts.

"The station owner broke the agreement," he said. "Before making an appeal, Licadho should first look into the Angkor Ratha radio station's contract or agreement in Kratie province."

The station had broken with its agreement, and its closure was not an issue of media freedom, he said.

"Media freedom cannot break the law or written contract," he said.

Keo Chan Ratha, the station's owner, has acknowledged breaking his original agreement with the ministry, which states he must inform the ministry if he sells air time to other entities.

But Kek Galabru said Thursday the requirement in the radio license amounted to "censorship."

"Radio stations should not have to seek Ministry of Information permission to broadcast the programs of political parties, NGOs or other organizations," she said.

Keo Chan Ratha urged the ministry to reconsider its decision "for the need of the people."

Ou Virak: Those who violate human rights and curb the freedom of expression rights of Cambodian people, are the ones who look down on their own people

Hun Sen continues his attack on Prof. Yash Ghai and his supporters

20 December 2007
By Sok Serey Radio Free Asia
Translated from Khmer by Socheata

On Thursday, prime minister Hun Sen continued his criticisms on Prof. Yash Ghai, the Special Envoy of the UN Secretary-general, and he now also added (to his criticisms) the supporters of Prof. Yash Ghai. Hun Sen severely criticized the supporters of Prof. Ghai’s report, and he compared them to people who allow others to look down on Cambodians, their own race.

During a distribution of diplomas to students on Thursday, Hun Sen said: “Counting people in Cambodia who support the report of this man (Prof. Ghai), those who support this report are cheap and worthless people, they are extremely cheap by allowing others to look down on their own race.”

Hun Sen’s recent reaction came after Prof. Yash Ghai, the UN Special Envoy on Human Rights in Cambodia, sent a letter dated 17 December to clarify the criticisms and the accusations made by Hun Sen on 12 December 2007.

In this letter, Prof. Ghai said that he is not a representative of the Kenyan people, and he is not an employee of the UN either. He does not receive any salary for his work, and he is an independent expert appointed by the Secretary General of the United Nations.

In his letter Prof. Ghai indicated that he is ready to discuss it in detail, and will listen to the views of the Government at any time on human rights issues.

There is no sign showing that Hun Sen or high-ranking government officials will welcome any discussions with Prof. Ghai.

Hun Sen’s latest criticisms on Thursday, were aimed at a group of Cambodians who supported Prof. Ghai’s report, and he compared these supporters as people who allow others to look down on their own race. Ou Virak, President of the Cambodian Center for Human Rights (CCHR) reacted back to Hun Sen’s comment by saying that those who violate human rights and curb the freedom of expression rights of Cambodian people, are the ones who look down on their own people.

Ou Virak said: “It’s those who prevent Cambodian people from voicing their opinions, such as preventing them from holding a demonstration, or from expressing their opinions, those are the ones who violate and look down of Khmer people. As for the foreigners, they are all working to defend human rights in Cambodia, I am saying this not because I am looking down on the people.”

On 18 December, Sea Kosal, Cambodian ambassador to the UN, sent a letter to UN Secretary-general Ba Ki Moon, charging that, during the 10-day visit to Cambodia by Prof. Yash Ghai, he looked down and scorned the Khmer people and the Cambodian government, by saying that Cambodia is an anarchic and lawless nation.