Thursday, August 27, 2009

Land disputes: New procedures in motion [... Another impotent working group?]


Protest during an land dispute in Siem Reap (Photo: RFA)

Thursday, August 27, 2009

By P.B.
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French

The Council of Ministers announced the creation of a new working group in charge of reforming land dispute resolutions.

An inter-ministerial working group will be created to set up new procedures to resolve land disputes, the Council of Ministers announced in a communiqué on Thursday 27 August.

“This group will have the responsibility of establishing a memorandum on the procedures to resolve the problems involving villagers who are living in anarchy in major cities, in Phnom Penh, or in other provincial towns,” the communiqué indicated.

Also, according to the communiqué, the new procedures will be created based on the existing land law and other legal documents.

“The goal of this memorandum will be to allow the finding of a satisfactory solution for the land owners and the land occupants prior to any eviction,” the communiqué stated.

During the previous legislative mandate, a multipartite committee in charge of resolution of land disputes was set up as a goodwill sign by the government to reach negotiated solutions in all land dispute cases. Nevertheless, this committee, which included members of the CPP, the SRP and Funcinpec, was rarely solicited and it did not show that it was efficient enough in the resolution of these land disputes.

Amicable land dispute resolutions generally took plane when Hun Xen or one of his advisors were directly involved, and when they ordered that resolutions are found on a case-by-case basis.

Sam Rainsy vs. Hor 5 Hong: Act No. II


Sam Rainsy (Photo: PS, Cambodge Soir Hebdo)

Thursday, August 27, 2009
By A.L.G.
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French


Opposition leader Sam Rainsy is summoned to the Paris Appeal court on 08 October in regards to the defamation lawsuit opposing him to Hor 5 Hong, the Cambodian minister of Foreign Affairs.

On 08 October 2009, Sam Rainsy will again defend his position on Hor 5 Hong’s past during the KR era.

On 27 January 2009, Sam Rainsy was sentenced by the Paris tribunal for stating in his autobiography – Rooted in the Stone (Calman-Lévy, 2008) – that Hor 5 Hong directed the Boeung Trabek detention center under the KR regime.

At that time, Sam Ransy and the book publisher were each sentenced to pay a symbolic amount of 0.50 euro ($0.72) to Hor 5 Hong. He was also ordered to remove the word “collaborator” and the sentence “suspected of leading several people to their death” from future editions of the book in relation to Hor 5 Hong. Sam Rainsy appealed the case.

My book can continue to be sold as is, without any change, everywhere, until the depletion of the current edition, in contrast, Hor 5 Hong asked that they are being ceased,” Sam Rainsy told Cambodge Soir Hebdo from Paris.

Free speech exposes truth


The Phnom Penh Post
Thursday, 27 August 2009
Raymund Johansen

Dear Editor:

It is no surprise that one of the persons implicated, whether truly or falsely, in the recent distribution of anti-government leaflets around Phnom Penh is now apparently in fear for his safety.

As I once stated at an AusAID interview in Canberra for a project supporting justice sector reform here in Cambodia, it is no mystery that Cambodians are afraid to speak out in their own country.

The representative of the Cambodian Ministry of Justice present at the time merely sat stony-faced at the table. Come to think of it, the AusAID representatives also seemed unpleased. I didn't get the job.

Of course, the problem with preventing free speech, no matter how politically objectionable it may be to those with the power to prevent it, is that by doing so the ideas expressed are inadvertently but inevitably given a level of credibility and reasonableness they may not otherwise have garnered. After all, it is reasonable to assume that if powerful persons are afraid of the mere expression of an idea, then that idea must have a grain of truth. The assumption may be incorrect, but it will nevertheless be made.

On the other hand, the great benefit of a society where ideas can be freely expressed without fear of retaliation from the powers that be is that they may then be subjected to the objective scrutiny of the average reasonable citizen and countered with opposing reasonable arguments. Thus, truly ridiculous notions and accusations will be exposed for what they are in the arena of open, public discourse, rather than being repeated in whispers year after year, their merit never tested.

Raymund Johansen
Afghanistan


--------------------------------------------------------------------------------
Send letters to: newsroom@phnompenhpost.com or PO Box 146, Phnom Penh, Cambodia. The Post reserves the right to edit letters to a shorter length.

The views expressed above are solely the author's and do not reflect any positions taken by The Phnom Penh Post.

RP to allow emergency transit of refugees


August 27, 2009

MANILA, Philippines (AP) - The Philippines will allow refugees at risk to stay pending their resettlement in a third country under an agreement signed Thursday.

The Philippines has hosted some 500,000 refugees, mostly from Cambodia, Laos and Vietnam, over the past four decades.

Foreign Affairs Secretary Alberto Romulo signed the Memorandum of Agreement on the Emergency Transit of Refugees to assure better protection for refugees and address emergency resettlement situations, according to a statement from the Department of Foreign Affairs.

The agreement provides a legal framework for the transit of refugees at risk, allowing them to be evacuated to the Philippines quickly before they are resettled elsewhere, department spokesman Ed Malaya said.

Camps and processing centers for Indochinese refugees were closed in 1996, the UN High Commissioner for Refugees said. The Philippines is considering opening a refugee transit center, although its location and other details have yet to be agreed on, Malaya said.

Romulo signed the agreement with representatives of the UNHCR and the International Organization for Migration.

The Philippines ratified the 1951 Convention on the Status of Refugees and has a long-standing commitment to assist the UNHCR in addressing the plight of refugees.

OZ Minerals Sells Assets To China Minmetals - Bloomberg





OZ Minerals' remaining mine is the A$1.2 billion prominent hill copper and gold project. (The Bloomberg Edge)

Rob Hamill Gives Testimony at Duch Trial




kiletters

The brother of a New Zealand man tortured and killed by the Khmer Rouge on Monday (August 17) had a courtroom confrontation with the man who had him executed, wishing him a similar gruesome fate.

Kerry Hamill was 28 when he was captured by the Khmer Rouge after his yacht was blown off course into Cambodian waters in 1978. He and a shipmate were taken to Phnom Penh's notorious S-21 prison.

About a dozen Westerners were among the estimated 16-thousand people held there before being put to death in 1975-79.

His brother, Rob Hamill, wept as he testified on Monday at the genocide trial of S-21's commander, Kaing Guek Eav, also known as Duch.

DSR Cambodian Culture Conservation French Colonial in Phnom Penh


DSR Cambodian Culture Conservation French Colonial in Phnom Penh

2009-08-27 - Phnom Penh has a grace and beauty not found in other Asian capitals. This vibrant Cambodian city has a rich and varied French Colonial heritage including villas, churches and boulevards.

Between the granting of independence and the dark days of the Khmer Rouge, a new golden era of architecture emerged, driven by French-educated Khmer architects. This was characterised by a fusion of Bauhaus, European post-modern architecture, and traditional elements from Angkor.

Fortunately enlightened developers are preserving and refurbishing these timeless buildings to offer a mix of heritage, modernity and sumptuous amenity.

DSR Asset Management Ltd have a new release of 1 - 2 bedroom apartments for sale in French Colonial Phnom Penh competitively priced from £29,000 - £90,000. The refurbishment has been carried out to very high standard.

David Redfern of DSR said “After a little over a year of developing these units in Phnom Penh, we are very relaxed that at each interval demand has easily outstripped supply - both in terms of the sales and rentals.”

Phnom Penh is serviced by a modern international airport, and the city is experiencing massive growth as it is being discovered by a wider global audience.

The apartments can be fully-managed to produce hassle-free income from letting and there is a queue of customers for flats like these.

”All of the units developed so far are tenanted, and the developer and management company have a waiting list of expats ready to rent those that will be completed and hitting the rental market this quarter.

This is a great position to be in and demonstrates that the market is very hungry for high quality, stylish, well located accommodation like French Colonial,” said David

In the sought after riverside French Quarter demand for property of this type far exceeds supply and capital growth is running at an astonishing 17-20% per annum.

For more infomation on Property Cambodia and other overseas property investments

Author:
Rebecca Sale
e-mail
Web: www.davidstanleyredfern.com
Phone: 01158714594

VN Bank Signs Agreement With Metfone


27-August-2009
By Staff Reporter

Linking their telecom and banking operations is expected to expand their presence across Combodia

Metfone and VN bank have signed a cooperation agreement in Phnom Penh to link their telecom and banking operations – reported Phnompenhpost.

According to the deal, Metfone is expected to provide communications infrastructure to Bank for Investment and Development of Cambodia (BIDC). Reportedly, Metfone will help BIDC to expand its presence in Cambodia by covering needs such as leased-line Internet services to connect the bank's branches.

In return, BIDC, which is owned by Hanoi-based Bank for Investment and Development of Vietnam (BIDV), would offer the company $40 million credit line for expanding GSM mobile phone networks and a 3G upgrade, reported the newspaper.

It has been reported that BIDC will also fullfil Metfone's other banking needs such as bank guarantees, insurance and letters of credit and loans. In a media release issued at the signing ceremony, the bank has mentioned that it would disburse the loan in stages and the first installment is already made available.

Metfone is a mobile network, wireless fixed phone network and Internet services provider and a brand name for Viettel (Cambodia).

No Civil Parties in Duch Sentencing, Judges Say


By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
27 August 2009

Representatives of civil party complainants will not be allowed to weigh in on the punishment for Khmer Rouge prison chief Duch, judges for the UN-backed tribunal announced Thursday.

Two of four groups of civil parties had requested they be allowed to share their opinions on the proper punishment for Duch, who is facing atrocity crimes charges for the deaths of 12,380 people at his Tuol Sleng prison.

Hong Kim Suon, a lawyer for the one of the civil parties, called the decision “unfair to victims,” though defense lawyers said it helped maintain balance and fairness in the proceedings.

The trial for Duch is expected to last through October, with a verdict expected early in 2010, tribunal spokesman Reach Sambath said.

Judge Nil Nonn, head of the tribunal’s Trial Chamber, said civil parties would be allowed to request reparation but would not be able to question expert witnesses.

Bank Official: The Global Economic Crisis Does Not Affect Banks in Cambodia – Thursday, 27.8.2009


Posted on 28 August 2009
The Mirror, Vol. 13, No. 627
http://cambodiamirror.wordpress.com/

“Phnom Penh: The director of the National Bank of Cambodia said that even though the financial crisis is affecting many countries in the world, Cambodia does not suffer from it seriously.

“In the morning of 26 August 2009, the Club of Cambodian Journalists held a roundtable meeting about banking management and the trust of the public, with the participation of many journalists and representatives of the National Bank of the Kingdom of Cambodia.

“Ms. Tal Nay Im, the director general of the National Bank of Cambodia, who represented the governor of the National Bank of Cambodia, Mr. Chea Chanto, to preside over the meeting, said, ‘In this time of a global financial crisis, we must point out the progress of the banking systems in Cambodia within the last two years.’ She went on to say that the banking system in Cambodia operates at present with the National Bank of Cambodia as the central bank of the country, 27 commercial banks, 2 representation offices of foreign banks, 6 expert banks, and 25 micro-finance institutions under the control and monitoring of the National Bank of Cambodia.

“Ms. Tal Nay Im added that during the last two years, he number of commercial banks operating in Cambodia has increased. Most of them are foreign banks that come to invest in the banking sector in Cambodia. The increase in the interest looking for benefits by foreign banks at the Cambodia market is considered, by Cambodian people, as a positive point, because Cambodia has political stability and a market, seen by foreign investors as having potential for strong progress under the legal framework of Cambodia, though there is no neutrality yet, but there is a favorable environment to attract investment in a free trade atmosphere, which does not limit the in-and-out flow of capital or currency exchange operations. She continued to say that also the fact that there is a high level of dollarization in the Cambodian economy helps to ease the control of active and inactive property of a majority of the banks that operates with dollars. Even though Cambodia is a small country in the region, it has potential for development and investment for profit almost in every economic sector which can be considered as having an interesting outlook for foreign investors.

“Ms. Tal Nay Im went on to say that in Cambodia in 2009, the number of people who deposit money at commercial banks is 820,284, corresponding to 6% of the country’s populations, excluding the deposits at the micro-finance system. Also, Cambodia had reserved currency resources at the National Bank of US$100 million in 1998, but now US$2,300 million in 2008.

“The Country Representative of the Konrad Adenauer Foundation of Germany, Ms. Rabea Brauer, said that provided that Cambodia does not suffer from the impact of the financial crisis as seriously as the United States, according to a study conducted previously, the financial crisis has an impact to a smaller extent, especially on women and children, and this impact will continue.

“She added that journalists should focus on topics about the impact of the global financial crisis on women and children.”

Kampuchea Thmey, Vol.8, #2033, 27.8.2009
Newspapers Appearing on the Newsstand:
Thursday, 27 August 2009

Media Groups Call for Editor’s Release


By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
27 August 2009

Seven media organizations have sent a letter to King Norodom Sihamoni asking him to intervene in the prison sentence of an opposition newspaper editor.

Hang Chakra was jailed in June following the publication of a series of articles alleging corruption under the powerful Council Minister Sok An.

The letter asks that the king help intervene through his role as a member of the Supreme Council of Magistracy in interpreting legal matters at the Phnom Penh Municipal Court.

Pa Ngoung Teng, director of the Cambodian Center for Independent Media, said there had been irregularities in Hang Chakra’s June hearings. After the first hearing, after the defense had asked for more time to collect evidence, the court held a second hearing, sentencing Hang Chakra in absentia, he said.

And Sok Sovann, president of Khmer Journalists for Democracy, said the court should have used the media law passed by the National Assembly in 1995.

Chhoung Chou Ngy, lawyer for Hang Chakra, said he will wait for a response to the request before deciding on whether to appeal the 12-month sentence.

New Zealander Gives Testimony at Duch Trial


Rob Hamill, shown on a CTN program, testisfies against Duch on Monday.

By VOA Khmer, Yann Ker
Video Editor: Manilene Ek
27 August 2009

WATCH VIDEO, click here.

The brother of a New Zealand man tortured and killed by the Khmer Rouge on Monday (August 17) had a courtroom confrontation with the man who had him executed, wishing him a similar gruesome fate.

Kerry Hamill was 28 when he was captured by the Khmer Rouge after his yacht was blown off course into Cambodian waters in 1978. He and a shipmate were taken to Phnom Penh's notorious S-21 prison.

About a dozen Westerners were among the estimated 16-thousand people held there before being put to death in 1975-79.

His brother, Rob Hamill, wept as he testified on Monday at the genocide trial of S-21's commander, Kaing Guek Eav, also known as Duch.

Rob Hamil: “Duch, at times I have wanted to smash you, to use your words. In the same way that you smashed so many others. At times I've imagined you shackled, stabbed, whipped and clubbed viciously, viciously! I have imagined your scrotum electrified, being forced to eat your own faeces, being nearly drowned and having your throat cut."

Earlier this week, Duch asked the Cambodian people to give him "the harshest punishment." Duch is being tried for crimes against humanity, war crimes, murder and torture.

Up to 16-thousand people were tortured under his command and later killed during the Khmer Rouge's 1975-1979 rule. Only a handful survived.

Duch later became an evangelical Christian and worked for international aid organisations after the ouster of the Khmer Rouge. Duch is the first of five senior Khmer Rouge figures scheduled to face long-delayed trials and the only one to acknowledge responsibility for his actions. His trial, which started in March, is expected to finish by the end of the year. He could face a maximum penalty of life imprisonment. Cambodia has no death penalty.

‘Conflict easing’ on Cambodia-Thai border



27 Aug 2009

Gap year travellers in Cambodia and Thailand may welcome the news that the troops of the former country have partially pulled back from a conflict area along the country’s border, reports Reuters.

The cause of the dispute is the 900-year-old Preah Vihear temple, which both countries have attempted to lay claim to over the years.

Fresh break outs of fighting over the last year have claimed seven lives in the area and prompted the UK’s Foreign and Commonwealth Office to advise against British nationals visiting it.

However, the new developments have been described by General Chea Dara, deputy commander-in-chief of Cambodia’s armed forces, as a step in the right direction.

The news provider quotes him as saying: "This shows the positive position of Cambodia, that we want to live in peace, and is something the two nations will benefit from."

Border issues have been on the Cambodian agenda of late – it was announced earlier this month that more points of entry would be opened between the country and its eastern neighbour Vietnam.

Thai Gets 3-Month Sentence After Temple Insult


By Chun Sakada, VOA Khmer
Original report from Phnom Penh
27 August 2009

A Thai man accused of insulting the national symbol of Angkor Wat temple received a three-month jail sentence on Tuesday, for living in Cambodia without a visa.

Salavout Khamsan, 39, was originally arrested by local police for carving an image of Angkor Wat in concrete in front of a public toilet in the border town of Poipet. The courts could not find a legal article under which to charge him for that, however.

“I sentenced the Thai national Salavout Khamsan to three months in prison for illegally entering Cambodia,” Tous Sam Ath, the provincial court judge, told VOA Khmer. “I dropped charges against [him] for insulting Angkor Wat because there is no offense with which we can charge him.”

Soum Chan Kea, Banteay Meanchey coordinator for the rights group Adhoc, said the sentence was a fair warning, but he felt “very sorry” the charge of insult had to be dropped.

To put an image of the temple in front of a toilet was “incitement,” he said, as well as “racial discrimination.”

Thai Embassy officials could not be reached for comment Thursday.

Cambodians Still Traumatized


Radio Free Asia (RFA)
http://www.rfa.org

2009-08-27

Will the long-awaited trial of Khmer Rouge leaders ease Cambodians' trauma, or stir painful memories?

AFP
Former Khmer Rouge prison commander, Kaing Guek Eav (C), sits in the Extraordinary Chamber in the Courts of Cambodia in Phnom Penh, Feb. 17, 2009.

PHNOM PENH—A Cambodian psychiatrist has testified at the trial of a confessed Khmer Rouge torturer that up to 40 percent of Cambodians suffer psychological trouble as a result of the faction’s brutal four-year rule.

“According to research conducted after the Khmer Rouge period, two out of five Cambodians have [suffered] mental problems and psychosocial crises. This figure is high—up to 40 percent” of the population, Chhim Sotheara said.

Studies this year also found that some 14 percent of Cambodians aged 18 and older have suffered post-traumatic stress disorder (PTSD), Chhim Sotheara testified at the trial of Kaing Guek Eav, alias Duch, who commanded a Khmer Rouge torture center when the group was in power from 1975-79.

“During the Khmer Rouge regime, people were trained not to trust each other. This has continued among Cambodians today,” said Chhim Sotheara, of the Transcultural Psychosocial Organization, which promotes community mental health programs,

He added that Duch’s trial offers a chance for Khmer Rouge victims to heal through the administration of justice.

A map made from the skulls of Khmer Rouge victims at the Cambodian genocide museum in Phnom Penh, Oct. 13, 2001. Credit: AFP

Painful memories

The Journal of the American Medical Association this month published new research by experts at the University of North Carolina that found most Cambodians feared the tribunal would stir up painful memories.

Those who most wanted revenge were also likely to suffer PTSD, they wrote.

Some 87.2 percent of Cambodians 35 or older believed trying Khmer Rouge leaders would stir painful memories, they found, adding, "Now that the trials have begun, longitudinal research is needed to determine the impact of the trials on Cambodians' mental health."

Duch is the first of five senior Khmer Rouge figures scheduled to face long-delayed trials and the only one to acknowledge responsibility for his actions. His trial, which started in March, is expected to finish before the end of the year.

He could face life imprisonment. Cambodia has no death penalty.

Original reporting by Leng Maly for RFA’s Khmer service. Translated by Sothea Thai. Khmer service director: Sos Kem. Executive producer: Susan Lavery. Written and produced in English by Sarah Jackson-Han.

EU condemns executions in Thailand



Thu, 27 Aug 2009 14:26:43 GMT
Author : DPA

Brussels - The European Union on Thursday condemned the recent execution by lethal injection of two drug traffickers, in a move that ended a de facto six-year-long moratorium on the use of the death penalty in Thailand. "The European Union would like to state its well-known position that the death penalty has not been found to act as a deterrent and that any miscarriage of justice - which is inevitable in any legal system - is irreversible," said a statement issued by the Swedish presidency of the EU on behalf of the bloc's 27 member states.

Bundit Charoenwanich, 45, and Jirawat Phumpruek, 52, were executed in Bangkok's Bang Kwang on Monday, more than eight years after being arrested for possessing more than 114,000 methamphetamine pills.

Calling capital punishment "cruel and inhuman," the EU called on the Thai government to abolish the death penalty and establish a moratorium in the meantime.

"Such steps would contribute to the Royal Thai Government's expressed ambition to promote human rights," the EU statement said.

There are currently 832 convicts on death row in Thailand. Of these, 127 have had their final court ruling, meaning they can no longer appeal, according to Thai media reports.

Local team in rescue of dolphins



Belinda Scott 28th August 2009

WHEN Hec Goodall, Troy Saville and Verne Dove leave Coffs Harbour for Cambodia on Sunday, they will be hoping it is the start of a project that will make Cambodians world leaders in the rescue of an endangered aquatic species.

Leading the team to save the Mekong River's Irrawaddy dolphins from extinction is veterinarian Verne Dove, who is assisted by her fiance, former Coffs Harbour Zoo animal curator Troy Saville.

Eighty-two-year-old marine mammal expert Hec Goodall, believed to be the only person in the world with experience in capturing Irrawaddy dolphins in the wild, has now joined the international conservation team.

Mr Goodall, the founder and principal shareholder of the Pet Porpoise Pool, also has extensive experience of captive dolphin care.

There are estimated to be only 70 freshwater Irrawaddy dolphins left in Cambodia, where they live in three isolated populations in the Mekong River.

The Mekong, which flows through four different countries, is contaminated by chemicals like PCBs and DDT and contains high level of mercury, which is affecting the dolphins' immune systems to the point where normal pathogens in their environment are killing them.

The research team's first report, with their findings on chemicals and pollutants, made international headlines and upset the Cambodian government when it was officially released on June 18, a fortnight after the Coffs Coast Advocate ran the story.

KRouge chief explains name


Duch, actual name Kaing Guek Eav, is on trial in Cambodia for overseeing the torture and execution of about 15,000 people at Tuol Sleng detention centre in the late 1970s. -- PHOTO: REUTERS

The Straits Times
http://www.straitstimes.com

Aug 27, 2009

PHNOM PENH - THE Khmer Rouge's main jail chief on Thursday told a UN-backed war crimes tribunal that he adopted 'Duch' as his revolutionary name because it was Cambodian and his real name was not.

Duch, actual name Kaing Guek Eav, is on trial in Cambodia for overseeing the torture and execution of about 15,000 people at Tuol Sleng detention centre in the late 1970s.

The former prison chief said he changed his name to Duch in 1967.

'I wanted a name in Khmer (the Cambodian language), not a kind of Chinese one,' Duch said.

He added he also chose the revolutionary name because it was one used by a good student in a book he studied when he was young.

'So Duch is a good one and has Khmer character. That's why I used Duch,' said the former maths teacher.

Duch has repeatedly accepted responsibility for his role in governing the jail under the regime and begged for forgiveness from the families of the victims.

Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge an agrarian utopia, resulting in the deaths of up to two million people from starvation, overwork and torture. -- AFP

Burial Plans Finalized for Sen. Edward Kennedy




The Kennedy family has finalized burial plans for Sen. Edward Kennedy. Starting today, Kennedy's body will lie in repose at the JFK Presidential Library in Boston. The Senator will be buried at Arlington Natl. Cemetery on Saturday. (Aug. 27)

Acid Attack Documentary Finds Audience


Tat Marina answers questions about her current situation and living with the suffering and memories of the attack.

By Men Kimseng, VOA Khmer
Original report from Washington
27 August 2009

“Finding Face,” a new documentary detailing the life of an acid attack victim, showed in the US on Sunday, moving Cambodian and American audience members to take a stand against the crime.

The film profiles Tat Marina, a karaoke singer and mistress of a powerful government official, who was doused with acid in 1999, allegedly by a jealous wife, and nearly died a result. Over 40 percent of her body, including head and face, were burned.

“Many, many people asked what are the concrete actions that we can take to help not only on this issue of acid violence in Cambodia and worldwide, but about Tat Marina’s case,” Skye Fitzgerald, the films producer, told VOA Khmer.

The film had moved some viewers to inquire with their congressmen in the US to learn what actions can be taken in the case of Tat Marina, who now lives in the US, and whether lawmakers should more carefully consider whether donor funding is tied to human rights.

Tat Marina, who narrates the film, was present at the screening and was available for questions afterward. Dressed in dark robe with hair covered up her shoulders, Marina walked steadily to the podium as the audience vigorously applauded. She was asked about her current situation and living with the suffering and memories of the attack.

“I was happy to have received care and support from our people, other nationals, and the Cambodian Association in Portland,” she told VOA Khmer later. “I am excited that hundreds of people supported me and gave me encouragement by showing up in a large crowd.”

She had decided to cooperate with the film after initially thinking she would remain quiet, after committing a “sin.” She eventually decided to allow her story to be documented as a way to seek justice for other victims, even if it meant putting her own family at risk, she said.

The film describes the love affair between Tat Marina and Svay Sitha, an official at the Council of Ministers, who told VOA Khmer through a spokesman the attack had been difficult for him as well. He said he was victimized by the act and publicity that blamed him.

“I find it hard to believe that any logical, sane individual could possibly define himself as a victim when they themselves were instrumental in protecting the perpetrator of a crime like this,” Fitzgerald said. “If indeed he is a victim, as a member of the Cambodian government, I would think he would be motivated to ensure that justice was done for all in the case.”

That would mean implicating his former wife, Khuon Sophal, and her nephew, Khuon Vandy, who allegedly committed the attack, for arrest and prosecution, he said.

Meanwhile, US television stations have begun to show more interest in airing the film. A preview can be seen at its Web site: www.findingface.org.

FAO to donate 12 mln euro to help Cambodia against drought


www.chinaview.cn
2009-08-27

PHNOM PENH, Aug. 27 (Xinhua) -- The Food and Agriculture Organization of the United Nations will donate 12 million euro (about 17.16 million U.S. dollars) to Cambodia after the country was hit by drought, the FAO official said on Thursday.

"The budget will be signed with Cambodian partner on Sept. 2, but actually we have already helped in fighting against drought in the country," Seung Soy, program assistant for FAO told Xinhua by phone.

"The budget will focus more on helping the training, rice seeds, fertilizers, planting other agricultural crops for local farmers," he said, adding that the finance is from the European Union (EU).

"We also have concern on the food security after it is being hit with drought this year," he added.

Currently, eight provinces in Cambodia have been hit by drought and 40,000 hectares of rice seedlings have been affected by it.

"But Now, Cambodian government has taken actions to save rice seedlings from dry. We used water pumps to help farmers and we prepared seeds for local framers," Chan Tong Ev, secretary of state for Ministry of Agriculture told Xinhua. However, he said he could not comment about the budget, but waiting.

Editor: Yan

Cambodia pulls back troops from disputed temple


PHNOM PENH, Aug 27 (Reuters) - Cambodia began a partial withdrawal of troops from its disputed border with Thailand on Thursday, a move likely to ease tensions between the two over a 900-year-old Hindu temple.

"This shows the positive position of Cambodia, that we want to live in peace, and is something the two nations will benefit from," said General Chea Dara, deputy commander in chief of Cambodia's armed forces.

"At the same time, we still have enough troops to defend our own territory," he told Reuters by telephone from the border.

The regional commander on the Thai side of the border said there were no plans to follow suit.

"There will be no withdrawal from this side," Major-General Chawalit Chunprasan told Reuters.

The Preah Vihear temple, which is perched on an escarpment that forms a natural border between the two Southeast Asian neighbours, has for decades been a source of tension and nationalist fervour.

The two countries have been embroiled in a series of standoffs over the temple in the past year, resulting in border skirmishes that claimed the lives of seven troops.

Thailand is challenging a United Nations decision to make the temple a world heritage site under Cambodia's sole jurisdiction.

Cambodia was awarded Preah Vihear in a 1962 international court ruling, but the court did not determine the ownership of 1.8 square miles (4.6 sq km) of scrub next to the ruins.

Thailand wants joint development and supervision of the temple, which could one day become a lucrative tourist site.

The two countries are also in dispute over parts of the Gulf of Thailand, where oil and gas deposits have been found.

Military representatives from both sides agreed on Monday to exercise restraint at the border. The Cambodian pull-back is due to end on Sunday.

(For a Q+A on the Preah Vihear temple dispute, click [ID:nBKK227352]). (Reporting by Ek Madra in Phnom Penh and Panarat Thepgumpanat in Bangkok; Editing by Martin Petty)

Review: Sleepwalking Through the Mekong - all weekend long at the Red Vic!


August 26

Sleepwalking Through the Mekong chronicles the journey of the band Dengue Fever as they travel through Cambodia playing their version of Cambodian rock tunes from the 60s and 70s. The viewer is treated to snippets of Cambodian culture, fun interactions between the band members, and panoramic views of the countryside.

As the film unfolds, it becomes clear that Sleepwalking Through the Mekong is more than a documentary about rock band Dengue Fever - it is a poignant celebration of Cambodian music and culture. The joy of the music created in Cambodia in the 60s and 70s is interwoven with the tragedy that cut it short - the Khmer Rouge. The film captures not only Dengue Fever's live shows in bars, schools, and festivals, but also people's reaction to hearing this music again. One interviewee who lived through the Khmer Rouge goes so far as to say it is good to hear old songs being played because it has a healing effect.

Other moments in the film show the depth of the damage done by the Khmer Rouge. In one scene it is explained that most masters of different Cambodian arts and musical instruments were killed, meaning that Cambodia could lose most of its culture very soon.

Mixed in throughout Sleepwalking Through the Mekong are anecdotes and interviews with the band members that show the depth of this group's passion for the music they play. One of the most touching elements of the film is the way in which two vastly different cultures (Cambodian and American) are able to find common ground through the music of Dengue Fever.

This is not a film you want to miss out on - you can find a screening near you by going to the website for the film - ".Sleepwalking Through the Mekong.""

Or, if you're here in San Francisco you can see them all week long at the Red Vic:

Red Vic Movie House - Screenings of Sleepwalking Through the Mekong
August 30, 2:00, 4:00, 7:15, 9:15
August 29, 2:00, 4:00, 7:15, 9:15
August 28, 7:15, 9:15
August 27, 7:15, 9:15
1727 Haight Street
San Francisco, CA 94117
(415) 668-3994

The Economic Crisis Has Impacts on Education and on Child Labor in Cambodia – Wednesday, 26.8.2009


Posted on 27 August 2009
The Mirror, Vol. 13, No. 627
http://cambodiamirror.wordpress.com/

“Phnom Penh: Officials said that the economic crisis can block the development of Cambodia, especially it affects the alleviation of child labor and increases obstacles for children to receive education.

“The deputy secretary-general of the Supreme National Economic Council, Mr. Ruos Selva, said during a national consultative workshop on the impact of the global economic crisis on education and child labor in Cambodia on 25 August 2009, that the global economic crisis made the country’s economic growth rate decline to 6.7% in 2008 and to 2.1% in 2009, posing many challenging problems for Cambodia.

“Mr. Ruos Selva added that the economic downturn increases the number of poor people and makes the Millennium Development Goals for Cambodia to get side-tracked – being replaced by people who lost their jobs, which means also having lost other income for the family, which results in a shortage of finance for health, for education, and for social wellfare programs.

“A secretary of state of the Ministry of Education, Youth and Sports, Mr. Chey Chab, recognized the decline in the national income and in economic activities; while the goal for the progress of the country remains unchanged, the efforts to reduce child labor, and to remove obstacles for children to receive education, continue.

“In Cambodia, poverty is still a major problem, keeping students out of school. According to education experts, Khmer parents hold the opinion that their children can go to school only if they do not have financial problems. But there are financial problems, many poor families face the situation that the breadwinners do not have jobs or have only insufficient jobs. Because the income is not stable, families have to struggle to feed their children, making the expenses for traveling to school, for school clothes, and for other materials, to be their last priority.

“If the extent of the impact of the economic crisis is not adrressed and reduced, many children will have to leave the education system. Moreover, it will also reduce the quality of the teaching in classroom to become poorer.

“The head of the technical advisors of the international program of the International Labor Organization, Mr. M. P. Joseph, said that regarding the present economic crisis in Cambodian, the encouragement to send children to school, and to keep children to continue learning, is still very strong in this country. Maybe it is because in this modern era, it is thought that children without education are a liability.

“Also, the global economic crisis affects child labor in Cambodia. According to child labor experts, child labor has increased both in cities and rural areas. In populated areas, many children have to beg, some work as scavengers, and some work as house servants, even though they are under the age to do such jobs. In rural areas, agricultural labor at home becomes general for children. Other serious forms of child labor are carrying and selling souvenirs at touristic sites.

“In serious cases of child labor, children are forced to become prostitutes, to sell drugs, and to do other illegal activities. Also, the present difficult time of the economy can crate barrier against two defined goals of the Royal Government: First, to abolish the worst forms of child labor by 2016, and secondly, to reduce child labor of all forms to only 8% by 2015.

“A secretary of state of the Ministry of Labor and Vocational Training, Ms. Prak Chantha, said that due to the economic crisis, child labor and education become worrying problems, and there should be discussions about the extent of the impact, and special attention to children, because they are ‘the young bamboos to replace the old bamboos,’ and the Constitution states also the fundamental rights of children.

“Mr. Chey Chap went on to say that it is the proper time for all relevant sides to cooperate on children’s education and on the reduction of child labor, in order to jointly assess the impact of the economic crisis on education and on labor, to establish policies for the present and for future problems of each sector, and to create immediate responses to solve the challenging problems of children.”

Kampuchea Thmey, Vol.8, #2032, 26.8.2009
Newspapers Appearing on the Newsstand:
Wednesday, 26 August 2009

Cambodia to crack down young gangsters


www.chinaview.cn
2009-08-27

PHNOM PENH, Aug. 27 (Xinhua) -- With an aim to keep good social order in the Cambodia's capital, Phnom Penh Municipality has advised relevant authorities to crack down and trace both male and female Cambodian gangsters including those are under 16 years of age.

Touch Narouth, chief of Phnom Penh Police said on Thursday that until recently, his authorities had arrested more than 200 young Cambodian gangsters and they were educated before being released.

In a meeting held Wednesday, the Governor Kep Chutema, advised all local competent authorities including the police and the court in Phnom Penh to help curb with gangsters so as to reduce the social disorder and to avoid their disturbance to all residents in the capital.

He said Phnom Penh must be a safe and clean place for both local and foreigners as it is the heart of the Kingdom of Cambodia.

Among the new orders, he also stressed that young girl who is under 16 years old must be banned from entering into night clubs, karoke, bars, guest houses or hotels after 8 p.m., especially to those who are not accompanied by their parents.

According to Kep Chutema, most of the young Cambodian gangsters are the children of the powerful and rich people.

In June this year, Prime Minister Hun Sen issued a directive asking his relevant authorities across the nation to warm up their efforts and prevention against the juvenile groups who are involved in public disturbances and drug use.

Keat Chantharith, spokesman of the National Police said the police has recorded the name list of about 7,000 delinquents around the country and each or in group of the individuals are being targeted.  

Editor: Lin Zhi

Dams menace Mekong River life


Cambodian locals rely on the Mekong River to survive. Picture: GLENN DANIELS

27 Aug 09
by Helen Jacobs

PLANS to build a series of dams on the largest river in South-East Asia are threatening to destroy the livelihoods of millions of people in Cambodia and surrounding nations.

The Mekong River flows through the developing country, providing much of the food and nutritional needs of a population estimated at more than 14 million.

Most live a traditional lifestyle, relying on the river to grow their rice crops, and taking fish from the river - one of the world’s largest inland fisheries - for food.

But if plans by the Cambodian, Thai and Laotian governments to dam the river go ahead, these rural communities could find it difficult to survive.

Footscray resident and Leader photographer Glenn Daniels recently made a journey up the Mekong with international aid organisations Oxfam and Manna Gum as part of a campaign to save the river for the millions of people who rely on it.

“The aim of our journey was to document the livelihoods of people who live on the islands along the Mekong and how they’ll be affected if a dam is built,” Mr Daniels said.

Through his skills with a camera, Mr Daniels is hoping to alert Australians to the plight of these people.

His photos will be shown next year in Melbourne.

It was a highly unjust situation that the people found themselves in, Mr Daniels said.

“The first notification that these people had of the dam proposal was some Chinese officials surveying the land,” he said.

“There have been no talks of compensation ... for the relocation of families.”

Spending time with the villagers, sharing meals with them, observing their daily work patterns and watching children play gave Mr Daniels some insight into a lifestyle far removed from suburban life in Melbourne’s West.

“Most of the people we saw or interviewed technically live on less than $1 a day,” Mr Daniels said.

“In monetary terms they are extremely poor, but they grow their own rice, raise pigs, and they work together, along with taking all the fish that they need from the Mekong, and the family buffalo is like their bank account.

“The value of all that is far more than $1 a day.

“If they are forced to move they most likely won’t be able to farm the land any more. They will have to move to the cities, where, if they’re very lucky, they might earn more than $1 a day, but their expenses will also greatly increase so they would probably find it much harder to survive.”

Mr Daniels learnt a lot about a rich and diverse culture from “friendly and gentle people”, along with seeing the impact organisations such as Oxfam have had, including establishing schools, providing clean water and immunisations for animals.

“If these dams go ahead, they will make all the work that Oxfam has put in for these people a waste of time, it will threaten the diversity and health of one of the planet’s most important river systems, and most importantly it will destroy the lifestyles of millions of people,” Mr Daniels said.

Cambodian man stabbed to death in fight



27/08/2009

Police in South Auckland say they are not looking for anyone else in connection with a brawl that left a man dead.

A Cambodian man in his 30s was stabbed to death during the fight between two rival groups in Papatoetoe.

Police discovered his body in a car in Leith Court, near where the fight broke out.

A number of people are helping police with their inquiries.

A post-mortem examination is expected to be carried out tomorrow.

Taiwan's government approves visit by Dalai Lama


FILE-In this file photo taken on April 7, 2001, The Dalai Lama smiles during a press conference before he leaving Taiwan, in Taipei, Taiwan. Taiwan's President Ma Ying-jeou risked angering China with his surprise announcement Thursday, Aug. 27, 2009, that he has agreed to let the Dalai Lama visit the island to comfort survivors of a devastating typhoon.(AP Photo/Chiang Ying-ying, File)

By ANNIE HUANG, Associated Press Writer

TAIPEI, Taiwan – Taiwan's president risked angering China with his surprise announcement Thursday that he has agreed to let the Dalai Lama visit the island to comfort survivors of a devastating typhoon.

President Ma Ying-jeou's move was unexpected because he has made a priority of seeking better relations with China, and just last December nixed plans for a visit by the Buddhist spiritual leader in what was deemed a move to placate Beijing.

But his government has come under fire over its slow response to Typhoon Morakot, which claimed 670 lives when it hit Aug. 8-9, and opposition politicians in the storm zone pointedly invited the Tibetan spiritual leader to the island to console survivors.

The invitation put Ma into a bind — either risk angering China, or give further ammunition to the opposition, which accuses him of hewing Beijing's line. On Thursday, Ma gave his answer while visiting a school in Nantou County that was destroyed in mudslides triggered by the storm.

"The Dalai Lama could come to Taiwan to help rest the souls of the dead and also pray for the well-being of the survivors," he said.

There was no immediate comment from either China's Taiwan Affairs Office or Foreign Ministry.

Beijing considers the Dalai Lama a "splittist" for promoting autonomy in the Chinese region of Tibet, and opposes visits to foreign countries that raise his profile. Allowing him to visit Taiwan could undermine the rapidly improving relations between Beijing and Taipei, longtime rivals which are developing close business ties after decades of enmity.

China claims self-governing Taiwan as part of its territory, though they split amid civil war in 1949.

On Wednesday, leaders of seven municipalities hit by Morakot issued a joint statement inviting the Dalai Lama to visit storm victims from Aug. 31 to Sept. 4. The invitation from the leaders — all from the opposition Democratic Progressive Party — came as Ma faced criticism that he botched the government's response to the island's deadliest storm in 50 years.

The Dalai Lama — who has made three visits to the island over the past 12 years — has accepted the invitation "in principle," his spokesman Tenzin Takhla said Wednesday from Dharmsala, India, home to the Tibetan government-in-exile.

Since becoming president 15 months ago, Ma has reversed many of his predecessor's anti-China policies, tightening economic links across the 100-mile (160-kilometer) -wide Taiwan Strait and even speaking of a peace treaty with Beijing.

Presidential spokesman Wang Yu-chi said the Dalai Lama's upcoming visit would be strictly religious, with no political overtones.

"We welcome the Dalai Lama to come to Taiwan to take part in mass prayers," Wang told reporters. He said the visit was approved "for humanitarian and religious considerations ... and we believe it will not harm cross-Strait relations."

Wang declined to say if Ma would meet the Dalai Lama during his stay in Taiwan.

Ma's policy of seeking better relations with China contrasts sharply with the opposition DPP's strong support for formal independence for the island of 23 million people.

That stance infuriates Beijing, which has repeatedly warned that any move to make the Taiwan-China split permanent would lead to war.

Taiwan and Tibet share similar histories. Both are territories that Beijing believes should be under its rule. Despite a failed 1959 uprising that sent the Dalai Lama into exile, China controls Tibet and has refused the Tibetan religious leader's request for greater autonomy.

Civil parties urged to justify their status in Duch’s trial


Kambol (Phnom Penh, Cambodia). 26/08/2009: Ty Srinna, co-lawyer for civil parties, on Day 65 in Duch’s trial at the ECCC 
© John Vink / Magnum


By Stéphanie Gée
26-08-2009

The issue of the admissibility of victims’ applications as civil parties in Duch’s trial was unresolved since the initial hearing on February 17th and 18th 2009. Two weeks ago, the Chamber asked the defence to prepare their observations on these applications, should they have any. The defence did. Since Tuesday August 25th, a heated debate started between the defence counsel and civil party lawyers, with the former challenging the legitimacy of some of the civil parties in the absence of adequate relevant documents while the latter protested such a questioning of the civil parties’ word barely a few weeks away from the end of the hearings.

26 civil parties challenged by the defence
Marie-Paule Canizarès, colleague of François Roux, Duch’s international lawyer, announced yesterday that the defence intended to challenge the admissibility* of 26 civil parties, all civil parties who did not request to be heard by the Chamber. These objections related to two elements: it appeared from the case file there was no filiation or other family link established between the civil party and the victim represented, or there was no element proving that the victim represented could have been detained at S-21.

Alain Werner: it is too late for such a questioning
It was time to discuss these contested cases, but Alain Werner, co-lawyer for civil party group 1, intervened to argue that, in light of Articles 23.4 and 83.4 of the Internal Rules, the examination of the admissibility of these civil party applications “at the initial hearing, not after” – even if Article 100 allowed the Chamber to rule on the admissibility of a civil party application in the judgment. “There is a rationale to this: when a civil party application is declared inadmissible, this allows for a means of redress […] for the civil party, who may appeal the decision before the Supreme Court Chamber.” The lawyer “preliminarily” asked the Chamber to “rule on this issue and say precisely whether or not the defence […] is entitled today, a few weeks from the closing of these hearings, to come and question the admissibility of the applications of 26 civil parties.” Alain Werner was immediately supported by the lawyers for the other civil party groups.

François Roux: the defence is responding to a request of the Chamber
François Roux responded for the defence and objected to Alain Werner’s “fallacious and belated” argument. He recalled it was the Chamber that asked them the previous week to state their objections and nobody for the civil parties intervened to protest at that moment. He also reminded that during the initial hearing, civil party applications had been admitted “provisionally” and the defence had asked to retain their right to challenge them, which had been allowed.

Alain Werner persisted: “On what legal basis does the defence come to question the admissibility of civil party applications today?” On Article 100 of the Internal Rules, François Roux retorted, before repeating he had responded to a “request” of the Chamber and observing that, for a number of files, civil party lawyers still had not provided the necessary elements for them to be declared admissible.

The Chamber decided to continue the debate on the contested cases. Before the hearing closed, Alain Werner made another argument: “As for our civil parties, we told them, five or six months ago, after the initial hearing: you are civil parties. […] That a civil party application is admissible gives rights to civil parties and our civil parties have enjoyed these rights for months. […] Yet, today, a few weeks from the close, they are being told: maybe you are not admissible, you are not a civil party?!” François Roux then brandished Article 100 again and added he was still receiving documents from the civil parties, “which is problematic.”

Suggestion for an expanded definition of kinship
The controversy resumed on Wednesday August 26th. Fabienne Trusses, co-lawyer for civil party group 3, launched into a “preliminary and general statement.” She expanded the quality of the relationship between the civil party and the victim represented by introducing a link of “closeness” further to the family link. She thus suggested a definition of a “relative” that may be, according to her, “a family relative, a third party, a person who raised you or even a friend.”

Obstacles to the filing of applications
As for the filing of civil party applications, the lawyer argued it “was not contested that the S-21 archives [were] incomplete” and therefore, someone may have been “smashed” at S-21 without any trace of it remaining today. She inferred that the declaration of civil parties must be examined in light of their “consistency,” their “logic” and “relevant information gathered during the investigation and the hearing.” “We have heard the accused say he did not admit the probative value of a simple photograph from S-21. It is not to the accused to admit it or not,” she rightly objected. She indicated that her group had requested the Tuol Sleng museum (formerly S-21) to certify the origin of the pictures and added she considered it pointless “to demand the accumulation of evidentiary elements,” such as photograph, biography, confession, execution order, etc. Fabienne Trusses called to “take into account the historical, cultural and economic context of this country,” as some civil parties were unable to present civil status records as those never existed or disappeared. She stressed that a further obstacle to these applications was the fact that some victims “may not have been registered under their real name” but that of a father, a grandfather or a revolutionary name unknown to the civil parties.

Co-prosecutor: the Chamber must set a final deadline
International co-Prosecutor Vincent de Wilde intervened: he stated that any evidence could be used in criminal matters and it should be appreciated in a reasonable way according to the consistency of the story. Then, he urged to take into account a number of elements: the facts were more than 30 years old and it was difficult to keep many documents under the Khmer Rouge; the S-21 archives were incomplete and the combined list established by the office of the co-Prosecutors did not reflect the reality of the number of people killed at S-21 and was an “under-estimate;” in the absence of civil status records, “auxiliary documents must be taken into account, like those issued by mayors or even testimonies.” Finally, noting that the Trial Chamber did not give any “deadline” to complete the civil party applications, the co-Prosecutor called for a final deadline to be set.

Civil party participation: “Let’s not spoil this result,” François Roux calls
As for Kar Savuth, Duch’s national co-lawyer, he argued that in order to be admissible as civil party, one must fulfil the following criteria: to be the husband or wife of the victim, his or her son or daughter, his or her father or mother, and that was all. To support a civil party application, it was necessary to produce “at least one element of evidence” and the defence would accept it. After quoting the Latin phrase “Dura lex, sed lex” (the law is harsh, but it is the law), his international colleague recalled it was here the “first international tribunal to accept civil parties.” “We have fought for 15 years to reach this situation today. We have obtained this result, but please, please, let’s not spoil this result! […] Last week, some civil parties came out of their role as civil party in this trial and had to be called to order by the president or the defence. We are making considerable progress, all together, in international criminal justice and we are therefore condemned to excellence.”

François Roux then turned to the civil party lawyers to tell them it was up to them “to provide the legal elements that will allow people to be admitted as civil parties or not.” “Some families may believe in good faith their [relative] died at S-21 and one may realize it was not at S-21 but another prison. What would we have done then? We would have done anything but law! We are here in a place of justice. There are rules […]. I wanted to insist on the necessity of these rules. It is in the interest of law and in the interest of the civil parties themselves, if we want to pursue tomorrow in other international tribunals the progress that was the admission of civil parties in this tribunal.”

Kambol (Cambodia, Phnom Penh). 26/08/2009: Chess game during the debate on the admissibility of civil party applications on Day 65 in Duch’s trial at the ECCC 
© John Vink/ Magnum

The case-by-case review of contested applications
After some civil party groups provided documents on the previous day and the very morning, the defence announced they did not maintain their objections against two plaintive. But they again took offence that documents continued to reach them at this stage of the trial. Then ensued the review of 18 civil party applications challenged by the defence, for which their representatives sought to provide sufficient elements to convince the Chamber. The civil party lawyers were sometimes put in an awkward position by the empty application files and said they left it to the court to appreciate these cases. Such an example was the application of a man who applied as civil party in memory of friends disappeared at S-21, was difficult to contact – as he lived in a remote location in Ratanakiri province – and with whom it was difficult to have meaningful discussions due to his advanced age, Fabienne Trusses argued. In other applications, the evidence of the disappearance of the victim at S-21 was only the sole declaration of the person who applied as civil party in his or her name.

Who to blame?
This debate on the admissibility criteria for civil parties asked the question of the prior examination of their applications. These were sent to the tribunal’s Victims Unit, which forwarded them to the office of the co-Investigating Judges, who ruled on their admissibility until their closing order was published. It then pertained to the Trial Chamber to rule on civil party applications filed after that date. Might judges have failed to take their responsibilities by neglecting to establish clear admissibility criteria from the outset? As for civil party lawyers, it seemed the legal grey area led them to be negligent by taking for granted the admissibility of their clients and not seeking to strengthen their applications. Clarifying the admissibility criteria is crucial, even more so as this issue will also rise in case file no. 2, in which civil parties will experience more difficulty to present elements proving a link between the victims they represent and those indicted. By chance, seventy civil parties in case file no. 2 were in the public gallery to watch the trial this Wednesday.

* The ruling in a lawsuit happens in two steps, on the procedure and the substance: judges first examine its “admissibility,” that is whether pre-conditions to claim a right are met – in the present case, to be a victim and suffer prejudice in connection to S-21 –; then, they look at the “validity” of the claim, that is whether the prejudice is justified and the plaintive can legitimately demand reparation.

Kingdom leads Asia in cases of TB: ADB


The Phnom Penh Post
Thursday, 27 August 2009
Mom Kunthear

CAMBODIA has the highest prevalence of tuberculosis in Asia and the Pacific, according to a new Asian Development Bank report - a fact that has come as no surprise to civil society actors, who say the disease has increasingly afflicted residents of poor rural areas as well as HIV-positive patients.

The 2009 version of Key Indicators for Asia and the Pacific cited a tuberculosis prevalence rate of 665 per 100,000 people. The Philippines had the second-highest rate at 500.

The Cambodia figure has dropped significantly from 1990, when it stood at 928, but other countries that had previously reported similarly high figures have experienced more dramatic drops in the past two decades.

Mao Tan Eang, director of the National Centre for Tuberculosis and Leprosy Control (CENAT), said Wednesday that the government was working to address the problem by expanding access to drugs, adding that nearly 2,000 drug outlets had been established.

Kek Galabru, president of the Cambodian rights group Licadho, acknowledged that the government, and CENAT in particular, had tried to lower the rate, but said access to drugs and proper medical care was inadequate, particularly in rural areas. Many public and private health care providers are "incompetent", she said.

She said the situation was particularly "fragile" for HIV/AIDS patients. Citing figures from Medecins Sans Frontieres, she said the prevalence rate for that group had risen from 2.5 percent in 1995 to 7.8 percent in 2007, and could be as high as 15percent today.

Cambodia to crack down young gangsters

PHNOM PENH, Aug. 27 (Xinhua) -- With an aim to keep good social order in the Cambodia's capital, Phnom Penh Municipality has advised relevant authorities to crack down and trace both male and female Cambodian gangsters including those are under 16 years of age.

Touch Narouth, chief of Phnom Penh Police said on Thursday that until recently, his authorities had arrested more than 200 young Cambodian gangsters and they were educated before being released.

In a meeting held Wednesday, the Governor Kep Chutema, advised all local competent authorities including the police and the court in Phnom Penh to help curb with gangsters so as to reduce the social disorder and to avoid their disturbance to all residents in the capital.

He said Phnom Penh must be a safe and clean place for both local and foreigners as it is the heart of the Kingdom of Cambodia.

Among the new orders, he also stressed that young girl who is under 16 years old must be banned from entering into night clubs, karoke, bars, guest houses or hotels after 8 p.m., especially to those who are not accompanied by their parents.

According to Kep Chutema, most of the young Cambodian gangsters are the children of the powerful and rich people.

In June this year, Prime Minister Hun Sen issued a directive asking his relevant authorities across the nation to warm up their efforts and prevention against the juvenile groups who are involved in public disturbances and drug use.

Keat Chantharith, spokesman of the National Police said the police has recorded the name list of about 7,000 delinquents around the country and each or in group of the individuals are being targeted.  

Khmer Rouge Tribunal Keeps the Country Informed


By Robert Carmichael

PHNOM PENH, Aug 27 (IPS) - The ongoing Khmer Rouge tribunal here of Kaing Guek Eav, known as Comrade Duch, has heard some highly charged testimony in recent weeks, as civil parties have told the court of how the murders of their loved ones ruined their lives.

On Aug. 17 it was the turn of French national Martine Lefeuvre, who was married to Cambodian diplomat Ouk Keth, to testify.

At the invitation of the Khmer Rouge government, Ouk Keth returned to Phnom Penh in 1977 to help rebuild the nation, but was immediately arrested, tortured for six months and then killed at the infamous Tuol Sleng, otherwise known as S-21, prison that Duch (pronounced Doik) ran.

Duch is the first senior Khmer Rouge cadre to be tried in the Extraordinary Chad in the Extraordinary Chambers in the Courts of Cambodia, commonly known as the Cambodia Tribunal, which is backed by the United Nations (UN). He faces a life sentence on charges of crimes against humanity and war crimes, as well as homicide and torture.

Her husband’s fate unknown to her, Lefeuvre told the court how she searched for several years for news of her missing husband. In 1980 a family friend in a refugee camp on the Thai-Cambodian border told her he had seen Ouk Keth’s name on a list of people murdered at S-21, a former high school that the Khmer Rouge converted into a prison in 1975. Ouk Keth was one of more than 15,000 thought to have been tortured and executed in the Tuol Sleng (which means ‘Hill of the Poisonous Tree’) facility under Duch’s command.

Lefeuvre returned to France and her two young children.

"I had to tell my children that they must grow up without their daddy," she said breaking down. "My son, who was seven, and my daughter, who was four and a half, asked me every day: ‘Have you seen Daddy? Will we see Daddy again?’ I had to tell them, no, they will never see their daddy again."

Much of the testimony from the tribunal is harrowing, and the experiences of many Cambodians explain why many do not talk about what happened under the Khmer Rouge regime that ruled the country between 1975 and 1979. Around two million people are thought to have died under one of the most brutal regimes in recent history.

But telling Cambodians about those terrible years is a key part of the remit of the joint U.N.-Cambodian tribunal, said Reach Sambath, the head of the tribunal’s public affairs office.

That is a challenge here, where around 85 percent of people live in rural areas, and illiteracy is widespread.

For that reason, the court endorses a number of methods of informing the public, Reach Sambath said. One method that his office runs, for example, is to bus in people from across the country to watch proceedings in the 500- seat auditorium. By mid-August more than 17,000 Cambodians from across the country had attended the trial, he said.

The public affairs office, which operates with limited resources, also produces material that is distributed online and by hand at the court itself. But measured in sheer numbers, the most successful way of letting Cambodians know about the proceedings and workings of the tribunal is through the use of television and radio.

The tribunal’s daily proceedings are broadcast live on national television every day. But many people do not have the time to spend four days a week following events, which is where a surprisingly successful television show has come in.

The weekly half-hour TV show, which is mainly funded by the British Embassy, is entirely independent of the tribunal’s public affairs office. It is broadcast by national broadcaster Cambodia Television Network in its prime lunchtime slot on Mondays and repeated the following day.

The show’s producer, Matthew Robinson of independent production company Khmer Mekong Films, said between two and three million people watch it each week – a sizeable proportion of the South-east Asian country’s 15 million population.

The format is straightforward enough. Robinson, an experienced British producer and director who lives in Phnom Penh, says that two presenters and a guest examine the events of the previous week.

Co-presenter Neth Pheaktra said the purpose of the show is to provide a concise summary of Duch’s trial, which began on February 17.

"During the 24 minutes of the programme we have the summary, the diary of the Duch trial, and the key points that the witness, the defendant and the judges reveal in the court," Neth Pheaktra said.

According to Robinson a key challenge when devising the format was to create a show that was relatively simple to make but that would appeal to the target audience of mainly rural and often poorly educated Cambodians.

"Then (we mould) them all together in a fairly fast-moving way in language that our audience could understand and be interested in," he explained, "so that over a short period, you have seen the most important things in the proceedings that week."

Ung Chan Sophea, the other presenter, said the show’s writers ensure that the scripted wording is as simple as possible, even when trying to convey the complicated legal jargon that characterises legal proceedings.

That is something the live feed, understandably, cannot do.

At a small coffee shop in Phnom Penh, Mao Sophea said he loves the analysis the show provides of the week’s proceedings.

"For me this is a good show, and the presenters are excellent too," he said. "But to tell you the truth, I haven’t heard too many people talking about it – most of the people I know prefer to watch the all-day broadcasts."

And not everyone is a convert. Lah Yum, seated at another table, hardly watches it "because I am normally asleep during lunchtime when this show is broadcast."

But some of Lah Yum’s friends do watch it, and as the trial of Duch heads towards its conclusion, they are interested in more than just the proceedings. They want to see what the process and the verdict will mean to those who lost loved ones under the Khmer Rouge regime:

"What they are waiting to see is how the trial will manage to deliver justice for the families of the victims," he said.

Cambodian banking sector could be affected by the worldwide financial crisis


Tal Nai Im (C), director general of the National Bank of Cambodia (Photo: Sovannara, RFI)

August 26, 2009

By Ly Meng Huor
Radio France Internationale
Translated from Khmer by Socheata


Mrs. Tal Nai Im, director general of the National Bank of Cambodia (NBC), expressed worries that, if the world financial crisis persists, its secondary effect will have a negative impact on the Cambodian bank sector. During the recent period of financial crisis, Cambodian banks were not directly affected.

Impact of the worldwide financial crisis on the banking sector in Cambodia and future prediction were two topics of discussion raised by Mrs. Tal Nai Im, NBC director general, during a roundtable discussion organized by the Club of Cambodian Journalists. Tal Nai Im indicated that the secondary effect of the financial crisis could have a negative impact on the banking sector in Cambodia because of the increasing amount of stagnant loans, i.e. bank loan borrowers during the financial crisis period do not have the ability to pay back their loans to the bank because of the stagnation of their businesses, and the loans borrowed to build houses or buy lands could not be returned to the banks either. Tal Nai Im added that the stagnant loan funds increased from 3.7% in December 2008 to 5.2% in May 2009.

Currently, Cambodia has 35 banks and 45 financial institutions that are under the supervision and review of the NBC. There are currently 820,284 bank loan borrowers, i.e. 6% of the 14 million population of Cambodia. The amount of bank deposits is $2.9 billion, and the amount of loans is $2.4 billion.

At the explosion of the financial crisis at the end of 2008, Cambodian banks were not seriously affected. However, Tal Nai Im indicated that the worldwide financial crisis caused a drop in garment export, tourism, construction, as well a drop in real estate prices in Cambodia.