Saturday, October 10, 2009

KRouge lawyer demands judge's disqualification in Cambodia

by Patrick Falby


PHNOM PENH (AFP) – The lawyer for a former Khmer Rouge leader on Friday filed a demand that the French investigating judge be disqualified from Cambodia's UN-backed war crimes court for alleged bias.

Michael Karnavas, attorney for ex-Khmer Rouge foreign minister Ieng Sary, said the motion was based on allegations that Marcel Lemonde told subordinates to favour evidence showing suspects' guilt over evidence of their innocence.

The tribunal was set up to bring to justice the leaders of the genocidal late 1970s Khmer Rouge regime.

Karnavas said Lemonde was "giving instructions to his investigators to game the process. In other words, to look primarily for evidence that supports the prosecution".

The lawyer said he submitted his complaint based on a statement made by the former head of Lemonde's intelligence and analysis team, Wayne Bastin, at an Australian police station on Thursday.

A copy of the statement obtained by AFP said Lemonde shocked subordinates in a meeting at his Phnom Penh home in August when he told them, "I would prefer that we find more inculpatory evidence than exculpatory evidence".

Under the Khmer Rouge court's regulations, investigating judges are required to be impartial while researching allegations made by prosecutors. Defence teams are not permitted to make their own investigations.

"How is it that (Lemonde) can remain in the position in light of what we know now?" Karnavas said, adding that such behaviour was "outrageous".

Speaking on Lemonde's behalf, tribunal spokesman Lars Olsen said he had no comment on the issue.

Lemonde is currently investigating the court's second case, against Ieng Sary and his wife, former minister of social affairs Ieng Thirith, as well as Khmer Rouge ideologue Nuon Chea and ex-head of state Khieu Samphan.

Heather Ryan, who monitors the court for the Open Society Justice Initiative, told AFP that the defence would probably need to demonstrate systemic bias for Lemonde to lose his job.

"An off the cuff remark made in private -- like what was quoted -- may not be significant," Ryan said.

Under the court's internal rules, Lemonde's previous work on investigations remains valid even if he is disqualified from the tribunal.

Lemonde also met controversy earlier this week when it was revealed he summoned six top government and legislative officials to testify against Khmer Rouge leaders, a move opposed by Prime Minister Hun Sen's administration.

Final arguments in the court's first trial of prison chief Kaing Guek Eav, known by the alias Duch, are scheduled for late next month.

But the tribunal, created in 2006 after several years of haggling between Cambodia and the UN, has faced accusations of political interference and allegations that local staff were forced to pay kickbacks for their jobs.

Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge a communist utopia between 1975-79, resulting in the deaths of up to two million people from starvation, overwork and torture.

Cambodian minister stalls on genocide tribunal

Source: everyday.com
PHNOM PENH, Cambodia – Cambodia's foreign minister says he first wants to check his schedule before deciding whether to testify at a tribunal for Khmer Rouge leaders accused of genocide.

Foreign Affairs Minister Hor Namhong is one of the six senior members of Prime Minister Hun Sen's Cambodian People's Party summoned before the U.N.-backed court.

All of them also exercised some authority during the Khmer Rouge reign of terror in the mid-1970s and appear reluctant to become involved with the tribunal.

The tribunal is seeking justice for the estimated 1.7 million people who died in Cambodia from execution, overwork, disease and malnutrition as a result of the communist Khmer Rouge's radical policies.

Friday, October 9, 2009

Workers protest factory’s closure

Photo by: Sovan Philong. Frustrated garment workers face off against police officers following the sudden closure of Cambodia’s biggest garment factory, Tack Fat, in Phnom Penh’s Meanchey district on Thursday.
Friday, 09 October 2009
By Kim Yuthana and Khouth Sophak Chakrya
Phnom Penh Post

THOUSANDS of factory workers gathered in front of Phnom Penh’s Tack Fat garment factory after the company shut its doors on Thursday morning and announced a suspension of production in the midst of the global downturn that has seen dozens of other Cambodian factories close this year.
Factory workers, more than 1,800 of whom appeared in front of the facility in the capital’s Meanchey district, said the closure had come as a surprise, as factory owners had informed union representatives about it only a day before.
Twenty-eight year old Leap Chanthouen said that workers were told they will receive US$10 per month in salary while the factory is closed. She and other Tack Fat employees expressed frustration with the factory’s suspension, however, and said that the proposed compensation was not enough.“It is unacceptable that the factory closed today,” she said. “We are here to protest.”
Meas Samphars, president of the Coalition of Cambodian Apparel Workers’ Democratic Union, said workers were demanding their salary from September as well as a 50 percent payment of their base salaries during the suspension in production.
Chiv Leang, a Tack Fat representative, emphasised the fact that his organisation is not closing permanently, adding that it plans to meet its obligations to the workers.
“We will pay them their September salary on October 10, and during the suspension, we will pay them $10 per month,” he said, adding that Tack Fat is negotiating with the Ministry of Labour regarding the terms of the suspension.
Kei Savuth, director of the Ministry of Labour’s labour conflict office, said his ministry was still considering whether to approve the suspension.
Chea Mony, president of the Free Trade Union of the Workers of the Kingdom of Cambodia, said he suspected that the suspension was a move by the Tack Fat management to avoid paying worker salaries in the face of imminent closure.
“I believe that the factory owners intend to close the factory completely, but they are concerned that workers will ask for a seniority bonus if that happens, so they are using a suspension to avoid responsibility,” he said.
Ken Loo, secretary general of the Garment Manufacturers Association of Cambodia, dismissed this assertion, saying members of the Tack Fat management are victims in the same way that workers are.
“This is a function of the international economy right now – we are in crisis, the whole world is in recession,” he said.
“We would very much like to help [the workers], but unfortunately it’s not something we can do right now.”
Some 130 Cambodian garment factories have closed or suspended production in 2009, the Ministry of Labour said last week, leaving more than 30,000 workers jobless and an additional 30,000 temporarily out of work.
ADDITIONAL REPORTING BY JAMES O’TOOLE

The jailer goes on trial

Extraordinary Chambers in the Courts of Cambodia/AP

Cambodia: Comrade Duch awaits the verdict for Khmer Rouge crimes against humanity but professes to know a better verdict awaiting him

ByPaul Chesser
World Magazine

Pol Pot has been dead for 11 years and five of his lieutenants have awaited trial for nearly two years, but so far the only Khmer Rouge official close to a verdict for war crimes is his lead jailer.

Kaing Guek Eav's sentencing should come early next year. The plain-spoken former math teacher, known by most as Comrade Duch (pronounced "Doik"), oversaw the torture and delivery to execution of as many as 17,000 Cambodians during Pol Pot's terrifying reign in the late 1970s. The scene of his crimes (by his own admission) was known as S-21, a former high school in Phnom Penh. Today it stands as the Tuol Sleng Genocide Museum to memorialize the years that wiped out a quarter of the nation's population.
Duch has accepted responsibility for the cruelty and murder that happened on his watch but claims he personally tortured only two prisoners and did not kill anyone himself. That's not to say he didn't cop to more despicable actions; on occasion he would correct witnesses (and question whether they were imprisoned at S-21) with statements that reflected worse on himself than if he'd let the testimony stand. On July 7, for example, Khmer Rouge survivor Lay Chan testified that he was held for two months and interrogated twice before his release in 1976. Another, Chin Meth, claimed she endured forced labor and frequent beatings over a 15-day stay at the prison in 1977.
Duch countered almost as if he were offended. "The fact is that if she was transferred to S-21, she would be dead," he told the court. "She could not be let out. If people were transferred to S-21, they would be smashed."
Then on Sept. 15 he made another confession: Duch told the court he had ordered his own brother-in-law locked up in S-21, and that he was later killed."
I vouched for my younger sister and I vouched to educate her, but I could not do that for my brother-in-law," said Duch, according to Agence France-Presse. "As a principle, when the husband was arrested the wife was arrested as well. But my younger sister was not arrested and she is still alive today," he added.
Surprises have persisted throughout the trial. After an American expert presented a list of names of individuals who were allegedly released from Tuol Sleng, Duch countered, "The people who were arrested and sent (to Tuol Sleng), they were all killed. I did not release anyone. . . . It is not exculpatory evidence at all because I am responsible for my crimes. I cannot accept that document."
Judges ended the hearings on Sept. 17, and final arguments will be delivered in November. Duch has repeatedly apologized to his victims and sought forgiveness, while admitting he deserves the most severe punishment possible. "If there is a Cambodian tradition," Duch said in mid-August, "like it existed in the past when people threw rocks at Christ to death—Cambodian people can do that to me. I would accept it."
That Duch would invoke a faulty reference to the death of Jesus (there's no biblical evidence He was ever stoned) while accepting responsibility did not surprise the few who have followed his case. The once-passionate defender of communist philosophy converted to Christianity in the mid-1990s (see "Would you forgive this man?," May 17, 2008) during the Khmer Rouge exile, while he hid in jungle villages under an alias. He earned praise from colleagues in refugee camps for volunteer work he did on behalf of the Christian relief group World Vision, although he continued to hide his real identity.
Pol Pot became the de facto leader of Cambodia in 1975 and set about to create an agrarian utopia, a purely peasant society achieved through the elimination of all individuals who showed evidence of wealth or an education—even those who wore eyeglasses. The Khmer Rouge divided families and drove them far from their home provinces. Executions, malnutrition, slave labor, and displacement all resulted in the death of approximately 2 million Cambodians—or over 20 percent of the population.
The Cambodian-American pastor who directed Duch to Christ testified on his behalf in the last week of his trial. Christopher LaPel, whose parents, brother, and sister were all murdered by the Khmer Rouge, called him "a man of God."
"After he got baptized I can see him as a completely different person," said LaPel, who immersed Duch in a Cambodian river in 1996. "I can see that he (was) a person that lived in darkness, sadness, with no joy, no love." According to Agence France-Presse, he told the court he has met, prayed, and studied the Bible with Duch several times since his 1999 arrest.
Not everyone is convinced of Duch's changed heart. After all, Cambodia does not have the death penalty and he has served 10 years of incarceration already, so accepting a severe punishment can't get much worse for the 66-year-old. And then there's the predominant religion."
I don't think he really knows God," said war crimes archivist Youk Chhang, director of the Documentation Center of Cambodia, in an interview with WORLD. "I think that is very hard for Cambodians because it is such a Buddhist country."
While dismissing his Christianity, Youk inadvertently attributed Duch's transformation to a spiritual need which Christ very well may have filled. "I think Duch was searching for internal healing," Youk said. "Everyone in the country was his enemy. God was the only one who would open His arms to him."
—Paul Chesser is special correspondent for The Heartland Institute.

Tribunal Summons Six Government Officials

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

Prime Minister Hun Sen on Thursday questioned the tribunal summonses for six government officials as witnesses, claiming they should instead be treated as plaintiffs.

Why do they call the plaintiffs to be witnesses?” Hun Sen said at a ceremony in Phnom Penh celebrating the 30th anniversary of the National Bank. “Because those people are known to have toppled Pol Pot, and they are also the ones who approved the laws to try the Khmer Rouge.”

The court’s French investigating judge, Marcel Lemonde, sent summonses to Senate President Chea Sim, National Assembly President Heng Samrin, Foreign Minister Hor Namhong, Finance Minister Keat Chhon and senators Sim Ka and Ouk Bunchhoeun.

They are being asked to testify in the upcoming case against four jailed leaders of the regime, the second trial of the UN-backed court.

Both investigating judges declined further comment Thursday.

Government adviser Tit Sothea called the summonses “wrong,” saying to call senior leaders of the ruling party to court could weaken social safety and political stability.

“This summon is against people’s will, because we don’t want to do that,” he said.

Long Panhavuth, project officer for the Open Society Justice Initiative, which monitors the tribunal, said Lemonde’s summonses were a positive step for the court.

“This is a good means, by which [Lemonde] informed the public about who knows about the Khmer Rouge,” he said. In his role as investigating judge, “he should summon all people who know about the killing fields of Democratic Kampuchea.”

Burmese Democracy Leader Meets Western Diplomats

By VOA News
09 October 2009

Burmese opposition leader Aung San Suu Kyi is meeting with Western diplomats in the main city of Rangoon.
Burma's military-ruled government gave permission for the Nobel Peace laureate to meet with diplomats from the United States, Britain and Australia.
Aung San Suu Kyi sent a letter last month to Senior General Than Shwe, the leader of the military junta, offering to cooperate in order to have Western sanctions against Burma lifted. She and Labor Minister Aung Kyi held a 45-minute meeting last Saturday at a government guest house.
Aung San Suu Kyi has been under some form of detention for 14 of the last 20 years. She was sentenced in August to an extra 18 months of house arrest for allowing an uninvited American man to stay at her home without official permission.
A district court in Rangoon recently rejected her appeal to overturn the conviction. The international community has denounced Aung San Suu Kyi's conviction, accusing the regime of using it as an excuse to prevent her from participating in next year's elections.
Her National League for Democracy party won Burma's last elections in 1990 but the military ignored the results.

In a surprise, Obama wins Nobel Peace Prize

By KARL RITTER and MATT MOORE, Associated Press Writers
OSLO – President Barack Obama won the 2009 Nobel Peace Prize on Friday for "his extraordinary efforts to strengthen international diplomacy and cooperation between peoples," the Norwegian Nobel Committee said, citing his outreach to the Muslim world and attempts to curb nuclear proliferation.

The stunning choice made Obama the third sitting U.S. president to win the Nobel Peace Prize and shocked Nobel observers because Obama took office less than two weeks before the Feb. 1 nomination deadline. Obama's name had been mentioned in speculation before the award but many Nobel watchers believed it was too early to award the president.

Speculation had focused on Zimbabwe's Prime Minister Morgan Tsvangirai, a Colombian senator and a Chinese dissident, along with an Afghan woman's rights activist.

The Nobel committee praised Obama's creation of "a new climate in international politics" and said he had returned multilateral diplomacy and institutions like the U.N. to the center of the world stage. The plaudit appeared to be a slap at President George W. Bush from a committee that harshly criticized Obama's predecessor for resorting to largely unilateral military action in the wake of the Sept. 11 terror attacks.

Rather than recognizing concrete achievement, the 2009 prize appeared intended to support initiatives that have yet to bear fruit: reducing the world stock of nuclear arms, easing American conflicts with Muslim nations and strengthening the U.S. role in combating climate change.

"Only very rarely has a person to the same extent as Obama captured the world's attention and given its people hope for a better future," Thorbjoern Jagland, chairman of the Nobel Committee said. "In the past year Obama has been a key person for important initiatives in the U.N. for nuclear disarmament and to set a completely new agenda for the Muslim world and East-West relations."

He added that the committee endorsed "Obama's appeal that 'Now is the time for all of us to take our share of responsibility for a global response to global challenges.'"

President Theodore Roosevelt won the award in 1906 and President Woodrow Wilson won in 1919.

The committee chairman said after awarding the 2002 prize to former Democratic President Jimmy Carter, for his mediation in international conflicts, that it should be seen as a "kick in the leg" to the Bush administration's hard line in the buildup to the Iraq war.

Five years later, the committee honored Bush's adversary in the 2000 presidential election, Al Gore, for his campaign to raise awareness about global warming.
The Nobel committee received a record 205 nominations for this year's prize though it was not immediately apparent who nominated Obama.

"The exciting and important thing about this prize is that it's given too someone ... who has the power to contribute to peace," Norwegian Prime Minister Jens Stoltenberg said.

Nominators include former laureates; current and former members of the committee and their staff; members of national governments and legislatures; university professors of law, theology, social sciences, history and philosophy; leaders of peace research and foreign affairs institutes; and members of international courts of law.

The Nelson Mandela Foundation welcomed the award on behalf of its founder Nelson Mandela, who shared the 1993 Peace Prize with then-South African President F.W. DeKlerk for their efforts at ending years of apartheid and laying the groundwork for a democratic country.

"We trust that this award will strengthen his commitment, as the leader of the most powerful nation in the world, to continue promoting peace and the eradication of poverty," the foundation said.

In his 1895 will, Alfred Nobel stipulated that the peace prize should go "to the person who shall have done the most or the best work for fraternity between the nations and the abolition or reduction of standing armies and the formation and spreading of peace congresses."

Unlike the other Nobel Prizes, which are awarded by Swedish institutions, he said the peace prize should be given out by a five-member committee elected by the Norwegian Parliament. Sweden and Norway were united under the same crown at the time of Nobel's death.

The committee has taken a wide interpretation of Nobel's guidelines, expanding the prize beyond peace mediation to include efforts to combat poverty, disease and climate change.
___
Associated Press Writer Ian MacDougall contributed to this report.

Summons to colleagues won't help justice: Hun Sen

In this photo taken, Sept. 14, 2009, Cambodia's Prime Minister Hun Sen gestures as he takes a tour to a construction site of a Chinese-funded bridge at Prek Kdam village, some 30 kilometers north of Phnom Penh, Cambodia. (AP Photo/Heng Sinith)
By: The Associated Press
Date: Thursday Oct. 8, 2009

PHNOM PENH, Cambodia — Cambodian Prime Minister Hun Sen said Thursday he doubts whether summoning six of his colleagues to testify at the country's Khmer Rouge genocide tribunal will help the cause of justice.
The UN-assisted tribunal announced Wednesday that it was calling the country's current foreign minister, finance minister, national assembly president, senate president and two other senators to testify before the tribunal's investigating judge.
All are top members of Hun Sen's Cambodian People's Party but also exercised some authority when the communist Khmer Rouge held power in 1975-79. Hun Sen himself once served as a Khmer Rouge officer and many of his main allies are former members of the group.
The tribunal is seeking justice for the estimated 1.7 million people who died in Cambodia from execution, overwork, disease and malnutrition as a result of the group's radical policies.
Hun Sen has repeatedly expressed his sharp dissatisfaction with any efforts by the tribunal to expand its scope and possibly include his political allies.The prime minister questioned the court's decision Thursday, saying his colleagues had already proven they were interested in seeing justice done."
They (the court) know that these people helped to topple the regime of (late Khmer Rouge leader) Pol Pot from power, and moreover, adopted the law to try the Khmer Rouge leaders as well," Hun Sen said.
He appeared to question why his colleagues would be called as witnesses at the request of the defence, saying their testimony would only increase their punishment."
Therefore how will justice be done?" he said.
The tribunal is currently trying its first defendant, Kaing Guek Eav -- also known as Duch -- who commanded S-21 prison in Phnom Penh, where up to 16,000 people were tortured and then taken away to be killed. He is charged with crimes against humanity, war crimes, murder and torture.
Also charged are Nuon Chea, the group's ideologist, Khieu Samphan, its former head of state, Ieng Sary, its foreign minister, and his wife Ieng Thirith, who was minister for social affairs.

Thailand to propose dispute-settling mechanism at ASEAN summit

BANGKOK, Oct 8 (TNA) - Thailand's Minister of Foreign Affairs Kasit Piromya on Thursday said Thailand will propose establishing a mechanism to settle conflicts among members of the Association of Southeast Asian Nations (ASEAN) during the group’s upcoming summit scheduled for later this month in the Thai seaside resorts of Cha-am and Hua Hin.
Mr Kasit made his remarks during a speech in the Thai capital Thursday on the problem of land sovereignty along the Thai-Cambodian border.
The Thai foreign minister expressed hope that the mechanism will help sort out border disputes between Thailand and Cambodia.
Thailand will host the 15th ASEAN Summit and related summits in Phetchaburi's Cha-am district and Prachuab Khiri Khan's Hua Hin district October 23 to 25. Cambodian Prime Minister Hun Sen has confirmed that he will attend the summit despite the renewed tensions between the two neighbouring countries.
Mr Hun Sen earlier announced that he had ordered his troops to shoot any intruders from Thailand who stepped on Cambodian soil, after protesters led by Thailand's Peoples’ Alliance for Democracy (PAD) rallied in Si Sa Ket province last month to oppose Cambodia's plan to build new structures in the contested 4.6 square kilometres zone surrounding Preah Vihear temple.The PAD protesters clashed with local police and local residents there.
Mr Kasit said that the government has negotiation frameworks which adhere to peaceful approaches and avoid any use of violence.
"I affirm that we have not yet lost the contested 4.6 square kilometers land and negotiation is the best way to solve this conflict," said Mr Kasit.
The minister added that rumours sometimes have been unleashed with an aim to benefit internal politics."I met Mr Hun Sen last week and everything sounds fine. I clarified the issue with all parties concerned," the Thai foreign minister said.
Mr Kasit reaffirmed that there is no conflict of interest, nor secret, in tackling the border dispute. He insisted everything can be examined and urged the public to trust the government's sincere intention to solve the dispute."
I urge everyone not to stir up troubles which could lead to international conflict," said Mr Kasit.
The border disputes between Thailand and Cambodia flared up when former Thai Foreign Minister Noppadon Pattama signed a joint communique with Cambodia’s Deputy Prime Minister Sok An in June 2008 to support Cambodia's sole application to list the 11th century temple as a World Heritage site, while the question of sovereignty over the land has never been clearly resolved. (TNA)

Thursday, October 8, 2009

Cambodia denies laying landmines near Preah Vihear

Source: everyday
By: dpa
Phnom Penh - The Cambodian military has rejected recent Thai media reports that its soldiers have laid landmines in the disputed border region around Preah Vihear temple, local media reported Thursday. A brigade commander stationed at the 11th-century Hindu temple said there was no reason to lay landmines, and said the comments amounted to standard provocation by Thailand.

"Cambodian soldiers are not laying landmines along the border," brigade commander Yim Phim told the Phnom Penh Post newspaper. "All the mines on the border were put there in the 80s and 90s."

His comments came after a recent article in Thailand's The Nation newspaper which alleged Cambodian troops were mining the contested area. If the allegation were true, it would be a breach of Cambodia's obligations under the Ottawa Convention, which among other things bans the use of landmines.

The article drew a furious response from the Cambodian ambassador to Thailand, who described the article as "extremely provocative" and "rabble-rousing" in a letter to the newspaper on Tuesday.

Preah Vihear temple and the area surrounding it have long been a source of friction between the two countries. The temple sits on Cambodia's northern border with Thailand, and was awarded to Cambodia in 1962 by the World Court,while the area around it remains disputed.

Last year the UN's cultural body UNESCO added Preah Vihear to its World Heritage List, a move that rankled Thai nationalists.

At least seven Cambodian and Thai soldiers have since died in occasional clashes around the temple complex. However, in late August both sides stood down troops and promised to find a peaceful solution to the issue.

SRP district councillor detained for incitement


Source: khmerization

Thursday, 08 October 2009
By Meas Sokchea
Phnom Penh Post

A Sam Rainsy Party district official said Wednesday that Ly Sreymonin, 36, a party councillor for Banteay Meanchey province, has been charged with inciting violent opposition to a court-ordered land seizure.
Sao Poleak, an SRP councillor for O’Chrov district, said police arrested Ly Sreymonin, of Poipet district, after he left a council meeting Wednesday.
“They accused him of starting fires and generally disturbing the enforcement of the court’s verdict, but when the [land seizure] occurred he wasn’t there,” Sao Poleak said. “He had helped people with legal issues before, but he didn’t cause any problems.”
Ly Sreymonin denied the charges, saying he was in Phnom Penh at the time of the seizure. He dismissed the notion of incitement and said the real motive behind his arrest was to “break down our democratic consciousness”.
Ly Sreymonin was released after questioning but said he would worry about being arrested again as long as the charges against him were still standing.“They only let me go temporarily,” he said.
“They can arrest me any time they want. However, they will not stop me from continuing to help people.”

Int'l monetary agencies should respect independence of Cambodia: Cambodian PM

Source: ki-media
PHNOM PENH, Oct. 8 (Xinhua) -- Cambodian Prime Minister Hun Sen on Thursday expressed his dissatisfaction of the international monetary institutions who are working with the Cambodian government.
The international financial agencies such as the World Bank and IMF always impose conditions for their assistance for Cambodia when they want to provide development projects to the country, the premier said at the celebration of the 30th anniversary of the reestablishment of National Bank of Cambodia.
"They told us to do this and that and in fact they could not do that," he said, adding that "they have to respect independence and sovereignty of the country."
Meanwhile, Hun Sen also ordered his government officials should not only say "yes or Ok" as following with those partners. "They should not have their hands into the work of the country. They are development and cooperation partners," he noted.
He said that now the World Bank is starting working with the government to study about the impact of the typhoon storm "Ketsana" which hit Cambodia last week. The aid will be provided to help and develop the storm hit regions, he said. "But if it is complicated, we have to stop the projects and we will use our own money." So far, at least 17 Cambodian people died of storm.
Last month, Premier Hun Sen ordered his officials to terminate the land titling program with the World Bank.
Assembly passes law on speech restrictions

Phnom Penh Post
Wednesday, 07 October 2009

By Vong Sokheng

THE National Assembly voted overwhelmingly on Tuesday to pass articles of the new penal code related to defamation, insult and exaggeration of information, defying the concerns of opposition lawmakers who say that the new laws will further curtail freedom of expression in the Kingdom.
The speech restrictions passed in the Assembly by a vote of 82-21. Sam Rainsy Party parliamentarian Mu Sochua said, however, that she feared the new articles would allow those in the upper echelons of Cambodian society to further entrench their interests.
“Powerless people will be vulnerable under the new penal code whenever they speak out concerning land disputes, legal issues or corruption,” she said.
Mu Sochua added that she believes members of the Cambodian People’s Party passed the law in order to protect themselves from allegations of corruption and restrict opposition activities.
Hy Sophea, a secretary of state at the Ministry of Justice who served as the government’s representative to explain the new penal code to members of the Assembly, said that citizens must be careful to distinguish between free speech and insult or defamation.
“We aimed to place limitations on the rights of citizens in the new penal code because we want them to respect one another and ensure social security, public order and the dignity of all members of society,” he said.
Hy Sophea added that the penalties for defamation under the new penal code, which can carry fines of between 100,000 and 10 million riels (US$24 and $2,394), are not as serious as those in Western countries.
“The penalties [for defamation] have been reduced compared to the 1992 UNTAC code, so abolishing these penalties altogether, as some members of the National Assembly have suggested, does not seem reasonable,” he said.
Ny Chakrya, head of monitoring for the rights group Adhoc, said the new penal code places clear and troubling limits on freedom of expression.
“Those of us who are members of the civil society community are very concerned about how limitations on freedom of expression will affect our advocacy work when we criticise government institutions and government officers,” he said.
The UN stance
In testimony last week in front of the UN Human Rights Council in Geneva, the UN’s special rapporteur for human rights in Cambodia, Surya Subedi, called on Cambodia to decriminalise defamation in order to bring free speech laws into line with international standards, according to a UN news report.
Mu Sochua said that SRP lawmakers had pushed for this sort of easing of defamation penalties in order to promote government transparency and encourage ordinary citizens to freely express their concerns.
These issues, Mu Sochua argued, have been problems for Cambodian society in past few years. “Such was the case for me, as an opposition party lawmaker, when I sued Prime Minister Hun Sen for defamation, and he countersued me, and the judge interpreted the case to say that I had defamed [Hun Sen],” she said.
Siek Bun Hok, a CPP lawmaker, said that members of the SRP should stop insulting and defaming others if they want to avoid lawsuits.
Pregnant woman dies of swine flu in Cambodia

AP
Wednesday, October 7

PHNOM PENH, Cambodia – Cambodia's health minister says a pregnant woman died from swine flu, the country's third reported fatality from the illness.

Health Minister Mam Bunheng says the 25-year-old woman, who was nine months pregnant, went to a Phnom Penh hospital several days ago with flu-like symptoms and tested positive for swine flu.

He said doctors performed a cesarean section and the baby was born healthy, but the woman died Tuesday.

Cambodia's second swine-flu related death, a 47-year-old man, occurred Monday at the same hospital, the minister said.

The World Health Organization reports more than 340,000 confirmed cases of H1N1 worldwide, and more than 4,100 deaths. Many countries have stopped counting individual cases.
KAXT-CA San Jose now has 12 digital signals

RBR.com
08/10/2009

KAXT-CA, a low-power community TV station based in San Jose, CA has deployed a new DTV television service capable of broadcasting up to 20 video and audio channels. KAXT is currently airing 12 video channels and four audio channels. Instead of broadcasting with “packets,” this new system uses “statistical multiplexing.”

The station is currently leasing out four of the channels to (including) a Cambodian group; a Vietnamese group and a Chinese group.

Using advanced video processing solutions from Harmonic, transmission equipment from Linear Industries, and PSIP generation from Triveni Digital, KAXT is currently broadcasting 12 video channels and four audio channels and planning to add more audio services later.

The large channel capacity provides KAXT with multiple sub-channels, giving viewers more content choices and bringing several new revenue opportunities to the station. KAXT is the first station in the US to be successful in offering such a large range of programming in a 19.39-Mbps spectrum.

“This new service is a technological feat and establishes a new business model for KAXT,” said Warren Trumbly, president of KAXT. “The solutions from Harmonic, Linear, and Triveni Digital make it possible to deliver more channels with excellent video quality when compared with the previous analog service we ran for years — without breaking our budget. We have been able to add a variety of programs and offer more multicultural content for the diverse population of the Bay Area, an exciting opportunity for us to better serve viewers and grow our revenues.”

Since 1989, KAXT has provided educational, community service, and spiritual programming to Spanish-speaking communities in the San Francisco Bay Area.

Harmonic’s DiviCom Electra 5000 encoders, DiviTrackIP statistical multiplexing and NMX Digital Service Manager are used to compress and manage the video and audio services efficiently. Triveni Digital’s industry-leading GuideBuilder PSIP generator manages the large number of virtual channels and EPG metadata files and feeds the carousel to the Harmonic ProStream 1000 remultiplexer over IP. The GuideBuilder PSIP generator also provides a future-proof path to mobile DTV. The Linear Industries AT71K0-1 1000-watt digital UHF transmitter and AT7001™ exciter complete the groundbreaking system with advanced linear and nonlinear pre-correction to provide the most pristine signal possible.
Goods and tourists now moving more quickly between Vietnam and Cambodia

VietNamNet Bridge
06/10/2009


VietNamNet Bridge – A Vietnam and Cambodia border agreement is boosting exporting and tourism and making the future existence of a three-country visa a possibility.

Phnom Penh, Cambodia (Photo: AP)Following the agreement, which took effect on September 30, goods consignments carried overland between Vietnam and Cambodia will be able to cross borders without having to change vehicles as before.

According to Pham Xuan Thu, head of the supply division of HCM City-based Saigon Paper Company, the changes make it much faster for his organisation. Before it meant considerable delay and borders and a change of vehicle.

Now, Thu says, the company is planning to carry goods directly from Vietnam to Cambodia and further lower time and cost.

It is expected that with the new road transport agreement, it will take Vietnamese businesses 15-30 minutes only to fulfill administrative procedures at the border gate.

One director explained that previously businesses had to spend two days and one night to carry goods from HCM City to Cambodia through Moc Bai border gate in Tay Ninh province, 70km northwest of HCM City, including half a day to load and upload goods. In order to bring goods to the centre of Phnom Penh, he had to pay $2,500-$2,800 as a transport fee for every 12 metre-long vehicle which is equal to a 40 feet container vehicle.

A sales agent of a plastics company, said that as vehicles can now go straight to Cambodia across the border - the risks in cargo carrying are minimised. He says that the changing of vehicles at the border gates often led to the theft of goods on the way.

The road transport agreement has been welcomed not only by producers and traders, but by tourism firms as well.

Currently, Vietnamese tourists mostly go to Cambodia through Moc Bai international border gate. As most of Vietnamese vehicles are not allowed to enter Cambodian territory, tourists have to walk through the border gate to fulfill administrative procedures and then take Cambodian vehicles to continue the trips, which is really inconvenient to tourists.

Nguyen Van My, director of Lua Viet Travel Firm, said that most tourists want to stay in the same vehicle throughout their trip. It’s hoped the agreement will also boost tourist numbers.

So Mara, a senior official of Cambodian Ministry of Tourism, emphasised that the road transport agreement is an important step in applying the one-visa scheme for three countries, Vietnam, Laos and Cambodia.

It is believed that this would greatly increase tourism all round.
VietNamNet/TT
Khmer Rouge tribunal summons gov't party officials

By SOPHENG CHEANG
Associated Press
2009-10-07

The tribunal trying former leaders of Cambodia's Khmer Rouge announced Wednesday that it has summoned six leading members of Prime Minister Hun Sen's ruling party to give testimony.

The action is likely to irk Hun Sen, who has repeatedly expressed his sharp dissatisfaction with any efforts by the U.N.-assisted tribunal to expand its scope and possibly include his political allies as suspects in grave human rights abuses committed when the communist Khmer Rouge held power from 1975-79.

The tribunal is seeking justice for the estimated 1.7 million people who died in Cambodia from execution, overwork, disease and malnutrition as a result of the communist Khmer Rouge's radical policies.

The tribunal released copies of letters summoning the six to testify to the investigating judges of the court. They are top members of Hun Sen's Cambodian People's party: Foreign Minister Hor Namhong, Finance Minister Keat Chhon, National Assembly president Heng Samrin, Senate president Chea Sim and two other senators, Ouk Bunchhoeun and Sim Ka.

All are also former members of the Khmer Rouge, or exercised some authority when the group was in power.

The documents were released late in the day, and those named could not immediately be reached for comment.

The letters did not say specifically what information was sought, but said it was in connection with the cases of Nuon Chea, the group's ideologist; Khieu Samphan, its former head of state; Ieng Sary, its foreign minister; and "others." The three, along with Ieng Sary's wife, Ieng Thirith, who was minister for social affairs, are expected to be tried next year.

The tribunal is currently trying its first defendant, Kaing Guek Eav _ also known as Duch _ who commanded S-21 prison in Phnom Penh, where up to 16,000 people were tortured and then taken away to be killed. He is charged with crimes against humanity, war crimes, murder and torture.

Testimony in the his trial concluded last month, and closing arguments will be held late next month.

Critics accuse Hun Sen of trying to limit the tribunal's scope to prevent his political allies from being indicted. Hun Sen himself once served as a Khmer Rouge officer and many of his main allies are also former members of the group.

Hun Sen has claimed that expanding the list of defendants could lead to civil war, a claim doubted by his critics. The Khmer Rouge took control after a bitter 1970-75 civil war, and after being ousted from power in 1979, fought an insurgency from the jungles until 1999, when they ceased to exist as an organized force.

Last month, a tribunal prosecutor formally recommended that five more suspects be investigated for crimes against humanity and other offenses.
Cambodia's trade with Hong Kong down 24 pct to end July

Xinhua
07/10/2009


PHNOM PENH, Oct. 7 (Xinhua) -- Bilateral trade between Cambodia and China's Hong Kong dropped 24.39 percent in the first seven months year-on-year, local media reported Wednesday.

Citing the data released by the Hong Kong Trade Development Council, the reports said trade between the two sides fell to 288 million U.S. dollars from 380.94 million dollars last year.

Hong Kong's total exports to Cambodia fell to 279 million dollars from 375.5 million dollars, while Cambodia's shipments in return increased to 9 million dollars from 5.44 million dollars during the year up to the end of July.

The figures were released Tuesday at a press conference to attract Cambodian companies to hold trade exhibitions in Hong Kong.
"The drop was because of the global financial crisis. However, now trade between Cambodia and Hong Kong is becoming stable because the economy is not so bad; it may not drop further," Johnny Wan, senior exhibitions manager at the Hong Kong Trade Development Council, was quoted by the Phnom Penh Post as saying.

Cambodia's main exports to Hong Kong were food items, garments and footwear, and gemstones, he said. "Cambodia has so many good products, but foreigners may not know much about them, so Cambodia should promote more ... through trade shows and marketing," Wan said.
Editor: Chris
Khmer Rouge court calls government witnesses

AFP
07/10/09

PHNOM PENH — Cambodia's UN-backed Khmer Rouge war crimes court has summoned six top government and legislative officials as witnesses against leaders of the late 1970s regime, said documents released Wednesday.

In a move opposed by the Cambodian government, letters signed by the French investigating judge called on the officials to testify in the second case against former Khmer Rouge leaders for war crimes and crimes against humanity.

Current senate president Chea Sim, national assembly president Heng Samrin, foreign minister Hor Namhong, finance minister Keat Chhon and senators Sim Ka and Ouk Bunchhoeun were each "asked for a hearing as a witness," said the letters.

They will have to give testimony to an investigating judge of the tribunal, which was created in 2006 to try leading members of the regime.

"Except for individuals who volunteer to go, the government's position is no to this even if they are called as witnesses," government spokesman Khieu Kanharith told AFP Wednesday.

He said that foreign officials involved in the tribunal "can pack their clothes and return home" if they are not satisfied.

However Heather Ryan, court monitor for the Open Society Justice Initiative, said the move to release the court documents was an "important step" which might make members of government feel obliged to cooperate with the tribunal.

"The fact that the letters are public hopefully increases the chances they will comply with the summonses," Ryan said.

Critics of Cambodia's administration have previously alleged that it has interfered in the tribunal to protect former regime members now in government.

The court's second case is expected to try detained former Khmer Rouge ideologue Nuon Chea, head of state Khieu Samphan, foreign minister Ieng Sary and his wife, minister of social affairs Ieng Thirith.

As the court has sought to investigate other suspects, Prime Minister Hun Sen has warned further prosecutions could plunge Cambodia back into civil war. But critics say there is no risk of more fighting after over a decade of peace.

Final arguments in the court's first trial of prison chief Kaing Guek Eav, known by the alias Duch, are scheduled for late next month.

He has used the proceedings to accept responsibility and apologise for overseeing the execution of more than 15,000 people at the main Khmer Rouge jail, known as Tuol Sleng.

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

More Than 60,000 Out of Factory Work

VOA Khmer
By Chun Sakada
07 October 2009

Factory woes in the wake of the global downturn have put 62,000 Cambodians out of work, World Bank President Robert Zoellick said Thursday.
Zoellick was addressing an annual meeting between World Bank and International Monetary Fund officials in Turkey. Nearly 50 factories have closed since the downturn began more than a year ago, in Cambodia’s chief export earner, he said.

An estimated 400,000 people are employed by the garment sector, which brings in nearly $2 billion in revenue annually.

“Ninety percent of the 62,000 workers losing their jobs are women,” Zoellick said, offering the example of a worker named Aoy Puon.

“Since the crisis hit, her monthly salary has been cut in half,” he said. “Today she can’t make enough to send money home to her family, who depend on her income. Aoy Puon is now worried that she will lose her job.”

The World Bank figures differed from estimates of the Ministry of Labor, which said 33,000 workers had lost their jobs.

Chea Mony, president of the Free Trade Union, said 87 factories had closed and 65,000 workers had lost their job from 2007.

“We’re worried about closing the garment factories, workers losing jobs and the fall of the garment exports,” said Kaing Monika, business development manager for the Garment Manufacturer Association of Cambodia. “According to figures, we’ve seen a fall of garment exports of 30 percent. It is quite a lot, and we think that the concerned people must unite to promote the garment sector.”

Um Mean, secretary of state for the Ministry of Labor, said the government had policies “to promote the garment sector through the strength of good working conditions, production and work quality.”

Wednesday, October 7, 2009

Opposition merger now in SRP’s court, HRP president says

Wednesday, 07 October 2009
By Meas Sokchea
Phnom Penh Post



Kem Sokha during the press conference.
THE Human Rights Party has announced it is ready to join forces with the Sam Rainsy Party as soon as its prospective partner makes the decision to go ahead with the long-anticipated merger.
At a press conference Tuesday, HRP President Kem Sokha said the party was ready to join with the SRP in a single opposition front, and that people inside and outside the two parties want to see a united democratic movement.
People have asked whether democrats can merge into a single party,” Kem Sokha said.
“The answer that has been given to us is that if democrats do not merge into one party, the result will be defeat.”
However, Kem Sokha said the party was maintaining three conditions for the merger, including a term limit for the party president, a change in the new party’s name and joint decision-making between officials from the two sides.
He acknowledged that the SRP and HRP have met eight times already to discuss the merger, with no result, and said that if the SRP leadership is unhappy with the terms, it should come to discuss them.
The SRP’s deputy secretary general, Mu Sochua, said Tuesday that she met with an HRP representative on Monday to speak about the merger, adding that the three conditions set by Kem Sokha were acceptable to the party leadership.
“We have not changed our will because we have made these announcements to the public already,” she said, adding that both parties had been too busy to consider the merger in recent months. “Our stance is the same – we do not dispute these” points.
She added: “We do not reject the change of the party’s name.… The new party must change its name, but we just will change it when we have the time,” she said.
Cheam Yeap, a senior lawmaker from the ruling Cambodian People’s Party, expressed his congratulations over the merger plans but said the CPP was not scared of the threat posed by a unified democratic front.
“They cannot merge forever. They will have conflict together and be separated … because Kem Sokha has different ideals from Sam Rainsy,” Cheam Yeap said.
“Even if they merge, they can’t win against us because we have served the people for so long.”

Police, FBI Bust Seven in Major Drug Raid

By Sok Khemara, VOA Khmer
Original report from Washington
06 October 2009


Cambodian police working with the US Federal Bureau of Investigation arrested seven people and seized 16 kilograms of heroin, following three months of investigation, officials said Monday. Police also found counterfeit US dollars in the Oct. 2 raid.

“In the operation, we did an investigation and tracked [the suspects] down for almost three months, with the support of the FBI representative in Cambodia,” said Chhay Sinarith, chief of the Interior Ministry’s security department.

Suspects were arrested in Phnom Penh and Stung Treng province. The raid included the arrest of Lam Sokha, a suspected trafficker who has been arrested and released in recent years, police and court officials said.

The seven suspects were sent to Phnom Penh Municipal Court on Monday and would be questioned by prosecutors this week, officials said.

Police said the heroin moved through neighboring countries through Stung Treng, which borders Laos.

The discovery of heroin, crystal methamphetamine, or “ice,” drug production and counterfeit money made the raid a major case, Chhay Sinarith said.

The US State Department praised Cambodia for its anti-drug efforts in 2009, but said the country faces increasing problems of consumption, trafficking and the production of dangerous drugs.

The State Department warned that crackdowns on trafficking in Thailand and China had made Cambodia an attractive route for traffickers, while internally, use of amphetamines, including ice, was escalating.

Obama Meets With Lawmakers On Afghanistan

Senator Harry Reid speaks at White House after meeting President Obama on Afghanistan, 6 Oct 2009 (Picture).

By Kent Klein
Washington
06 October 2009


The top Democrat in the U.S. Senate says lawmakers in both parties will support whatever decision President Barack Obama makes about the war in Afghanistan. The comments followed a meeting Democratic and Republican leaders in Congress held with the president on Tuesday.

Senate Majority Leader Harry Reid says the bipartisan group assured President Obama that he will have their backing. "Everyone, Democrats and Republicans, said 'Whatever decision you make, we will support it,'" he said.

The top Senate Republican, Minority Leader Mitch McConnell says, however, the support will not be automatic. "I think Republicans will be able to make the decision for themselves," he said.
But McConnell says many opposition Republicans will support whatever the president decides, if his plan is supported by U.S. military commanders in the region.
"I hope that at the end of the day, the president will follow the advice of some of our finest generals, who, we believe, know what it would take to stabilize the situation in Afghanistan, prevent the comeback of the Taliban and, obviously, prevent a haven for al-Qaida," he said.

The top U.S. and NATO commander in Afghanistan, Army General Stanley McChrystal, is asking the president to dramatically increase the number of forces there.

While many Republicans support a troop surge, many Democrats oppose it. That could cause political problems for Mr. Obama, according to Andrew Bacevich, a professor of history and international relations at Boston University. "The politics of the situation is very complicated, I think and is going to make things that much more difficult for the president to sort out," he said.

Earlier in the day, White House press secretary Robert Gibbs said politics will not be the basis for Mr. Obama's eventual decision. "The president is not making his decision based on politics, but instead on what is best for this country," he said,.

After the White House meeting, House Speaker Nancy Pelosi told reporters several issues need to be addressed before the president makes his decision on how to proceed in Afghanistan. "Certainly the security issue, the governance issue, the reconstruction, or as some say, the construction, because there was nothing there before, in Afghanistan, and the diplomacy in the region," she said,.

And Republican Senator John McCain says defeating the Taliban rebels is essential to the goal of eliminating the al-Qaida terrorist network. "We all know that if the Taliban come back, the al-Qaida will come back. And they will come back to Afghanistan, and they will come back in Pakistan, where they already are," he said.

On Wednesday, the president will hold the third of five scheduled meetings on Afghanistan with his top military, diplomatic and intelligence officials. Gibbs says this meeting will focus mostly on Pakistan.

Swine flu kills two victims in three days in Phnom Penh

Mother in labour is latest victim; doctors monitoring newborn.

Source: Phnom Penh Post

Photo by: AFP Residents walk past vendors of roasted pork Tuesday in Phnom Penh. The Influenza A(H1N1) virus, better known as swine flu, claimed its second and third victims early this week, as health officials issued warnings for residents to report any suspicious symptoms to the authorities.

TWO more Cambodians have died of the influenza A(H1N1) virus at Phnom Penh’s Calmette Hospital since the start of the week, according to government health officials.

Minister of Health Mam Bunheng confirmed Wednesday that Duch Sokunthea, 25, died from the virus on Tuesday afternoon, two days after undergoing a caesarian section to complete her seven-month pregnancy.

He said the baby, which remains at the hospital, was under close examination from doctors. “We have now had three cases of fatalities” from the virus, said Mam Bunheng, although he declined to elaborate further.

Sok Touch, director of the Communicable Diseases Control Department at the Ministry of Health, said on Monday afternoon that Chuon Vanthan, a 41-year-old man from Phnom Penh’s Chamkarmon district, also died from the virus, more commonly known as swine flu.

Sok Touch also declined to reveal additional details about the deaths, saying the ministry and the World Health Organisation would issue a joint press statement shortly.
Photo by: Heng Chivoan. Chok, 16, mourns the death of his father on Tuesday. Chuon Vanthan, 41, became the second person to die of swine flu in Cambodia on Monday. The death toll has since risen to three.
Cambodia’s first confirmed fatality from swine flu was a 41-year old woman, who succumbed to the disease on September 27 after it was first detected in Cambodia in June. Health officials have warned about the symptoms associated with the disease, advising people to immediately report any suspicious signs to authorities.
Nima Asgari, a public health specialist at the WHO, said that through October 2, some 120 cases of the virus had been identified and confirmed in the Kingdom, but expected the real figure to be greater, since some patients have likely not reported their symptoms. “I don’t think Cambodia at the moment is different from the rest of the world,” he said.
The relatives of the two swine flu victims declined to comment on Tuesday, as funeral ceremonies were held in Kandal province’s Kien Svay district for the man and at Phnom Penh’s Wat Koh for the woman.

Tuesday, October 6, 2009

Govt refuses to raise teachers’ pay


Riot police were sent to block the teachers' attempt to march during World Teachers Day on Monday (Photo: DAP news)
Tuesday, 06 October 2009
By Thet Sambath
Phnom Penh Post
THE Cambodian government has refused demands to boost teachers’ salaries, as educators across the country celebrated a tightly controlled World Teachers Day on Monday.
The Cambodian Independent Teachers Association (CITA) called on the government to pay instructors a wage of 1 million riels (US$240) per month, a demand that government authorities said was “unrealistic”.
Ngo Hongly, secretary general of the council for administrative reform at the Council of Ministers, said that the government has already quadrupled teachers’ salaries from an average of approximately 81,000 riels in 2001 to 340,000 riels today.
Teachers also enjoy a 20 percent raise every year, Ngo Hongly said.
However, CITA president Rong Chhun said that only a few teachers make that kind of money. For most, salaries start at only 146,000 riels a month, leaving many educators struggling to survive.
“The government must accept the truth,” he said. “Do not try to hide the truth and the hardship of many teachers with the high salaries of a few.”
Rong Chhun said his estimates were based on surveys of teachers across the country.
The sparring over salaries came after the teachers were barred from staging a public rally on Monday to celebrate World Teachers Day.
Instead, some 100 teachers from 15 provinces marked the day at CITA’s central office in Phnom Penh, where 50 police officers outside kept a close watch on proceedings, the teachers said.

Groups Call for Halt of Illegal Eviction

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
05 October 2009

Rights groups joined more than 300 displaced residents on Monday to urge the government to punish those powerful officials and companies who violate residents’ rights through forced evictions, as they marked World Habitat Day.

Thousands of Cambodians have been displaced in development schemes in the capital and land grabs for agricultural business in the provinces, an ongoing problem that critics have warned is causing political instability.

“The government ought to end the illegal implementation in forced evictions and temporarily postpone all forced evictions until there is a judicial system for executing human rights and mechanisms for the monitoring of implementation, to ensure social responsibilities with transparency,” Ny Chakriya, chief of investigation for the rights group Adhoc, said. “The government ought to ensure that there is a legal resolution with effectiveness, justice, equity, and timeliness for the victims because of the violation of residence rights and land and natural resources.
“Furthermore, the government ought to end impunity for some people, including the government officials, military, police, individuals or companies who have joined in the activities of the violation of residence rights,” he said.
Am Sam Ath, head of the monitoring unit for the group Licadho said forced evictions became a serious problem after 2006, when “authorities and companies pressured people into leaving their land and houses through various means.”
Forced evictions create a “very far gap” between the interests of companies of citizens, he said. “So we’ve seen that the government or the authorities always provide more interest to companies over people.”
Be Pharum, a representative from the Boeung Kak community in Phnom Penh, which is being evicted to make way for a giant development project, said forced evictions brought “worry and fear” to people.
Loeuk Sambo, a former member of group 78, another displaced neighborhood, said it caused “negative affection and difficulties in the shortage in their livings.”
Council of Ministers spokesman Phay Siphan said the government did not encourage public servants, in or out of uniform, to violate rights and freedoms of citizens.
“No law allows any person to be above the law, and we are reforming the legal system and judiciary for land principles,” he said. “The offenders will face punishment and condemnation.”
Licadho’s Am Sam Ath said he had taken 13 cases of forced eviction in early 2009, particularly from development projects in Phnom Penh, compared to 10 cases the year before.

Monday, October 5, 2009

Cambodia’s GDP Lottery: A New Round of Predictions



Sources: ADB’s Asian Development Outlook database; staff estimates.


By Sam Campbell
Economics Today

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Cambodia’s likely GDP growth, a key indicator of the health of the economy, seems to be very open to interpretation, with estimates for 2009 ranging from a 2.75 percent contraction to the almost unbelievable 6 percent increase still being peddled by some Cambodian government officials.

Predictions made earlier in the year have recently been revised, a reflection of the uncertainty about Cambodia’s immediate prospects, even among experts.

The Asian Development Bank (ADB) lowered its GDP projection to a 1.5 percent contraction for 2009. In a Sept 22 update to the Asia Development Outlook 2009, the ADB said it expected a contraction because of a sharper than expected downturn in clothing exports, construction activity and tourism arrivals. “The economy is now expected to contract by 1.5 percent in 2009, rather than record slight growth [0.5 percent] as anticipated in ADO 2009,” the ADB wrote.

US Department of Commerce data show that Cambodian clothing exports to the US dropped by 27 percent in the first 5 months of 2009 from the corresponding period of 2008, the ADB noted. Order books for clothing in May were significantly lower than a year earlier. Tourist arrivals fell by 3 percent in the first 4 months of 2009 and the decline in construction activity was a consequence of falling FDI, notably from Korea, the ADB added.

The IMF also downgraded its projection after a Sept 9-23 visit from an IMF mission from Washington D.C. to Cambodia. After examining the government’s macroeconomic policy, and meeting representatives of the business community and development partners, the IMF lowered its prediction to a 2.75 percent contraction.

“The global economic crisis is having a larger impact on Cambodia’s economy than previously anticipated,” the IMF wrote in a Sept 23 statement, especially on textiles exports, tourism and construction, which, along with farming, are the four pillars of the Cambodian economy

John Nelmes, IMF resident representative in Cambodia, told Economics Today that Cambodia currently “has three flat tires out of four.”

“The data that we’ve seen confirmed that the impact on three of the four main drivers of growth has been more severe than what we anticipated earlier,” he said Sept 25. “Despite good agricultural production, the other sectors are more than offsetting that.”

Garment export volumes have dropped by slightly less than 15 percent so far this year, he said. The US buys 65 percent of Cambodian garments, but a sharp decline in retail and other consumption in the US has dragged down orders.

The Economist Intelligence Unit (EIU) is forecasting a 1.5 percent contraction in Cambodia’s real GDP this year, a figure the EIU noted is the Cambodian economy’s worst performance since records began in the mid-1990s.

Still, that is actually an improvement on their initial forecast of a 3 percent contraction, revised upward in September. “Cambodia hasn’t reported any new GDP results, but we thought an upward revision was warranted in response to changes to our global forecast, as fiscal and monetary stimulus by the world’s advanced economies means that the global recession is likely to be less severe than we first thought,” Nick Owen, the EIU’s Asia Editor, told Economics Today.

“The garment sector will face weaker demand as a result of the global recession and especially the slowdown in the US, which is Cambodia’s main export market and accounts for more than 50 percent of its export earnings,” Owen said. “Construction activity will slow as the mainly South Korean companies that have financed a series of high-profile property developments in Phnom Penh scale down work amid a global shortage of credit and a slump in property prices. Activity in the tourism sector, a major source of economic growth in recent years, is also set to slow owing to a fall in visitor arrivals, especially from South Korea, Cambodia’s main tourism market.”

Prof. Hing Thoraxy, senior researcher at the Cambodian Institute for Cooperation and Peace (CICP), was more positive, saying he thought Cambodian GDP would grow more than 2 percent. He said that other institutions had used data different from the government’s more accurate data, especially for the construction and tourism sectors. “In tourism, IMF focus only the figures of arrivals by air without focusing arrivals by land route and by waterways, and it’s also the same situation in the construction sector.”

Crumbling Pillars

Tourism air arrivals have fallen by double digits, around 13-14 percent, the IMF said. An increase in land arrivals from neighboring countries wouldn’t make up the shortfall because visitors arriving by land tend to spend less, Nelmes explained. “Tourists that arrive by air are from countries that have higher per-capita incomes and they tend to be the tourists that stay longer and spend more money.”

The tourism sector is “under significant pressure, and we think that in real terms the sector will probably see a decline of around 10 percent this year. Hotels, particularly in the upper end, are facing very low occupancy rates, and some aren’t seeing forward bookings rise as much as they would have expected” for the upcoming high season.

While there should be “a minor bounce back” for Cambodian tourism next year, the global economic crisis (GEC) has “caused a very large negative shock to people’s wealth … with rising unemployment in the US and in Europe.” Amid such uncertainty, consumers cut back on nonessentials such as long-haul vacations, often preferring a ‘staycation’ in their own country.

Cambodia’s tourism sector at least has unique attractions such as Siem Reap’s legendary Angkor temples, which help Cambodia stay attractive as a destination during a downturn. The beleaguered garment sector is not so lucky.

Regional competitors, like Vietnam and Bangladesh, have managed to increase their share of the critical US market, the IMF said, while relatively uncompetitive Cambodia—hamstrung by high production prices and low productivity— remains stable with around a 2 percent market share.

“This, I think, is indicative some of the difficulties that are being faced in the Cambodian garment industry,” said John Nelmes. “Bangladesh is a low cost producer and they’ve managed to increase their market share in the US because of a shift in consumption patterns … and Vietnam is highly competitive; costs of production are lower in Vietnam and productivity is higher. So Cambodia is really facing intense competitor pressures, and those are only going to intensify because of a drop in US demand and global demand, and an excess of global supply.”

Although the IMF “sees some recovery” for the garment sector next year, downward pressures mean it will be “a very challenging time,” Nelmes said.

The construction sector is perhaps in an even more unenviable position.

A number of slowed or postponed large construction projects, constricted bank lending, a sharp fall in property prices and a significant slowing in foreign direct investment (FDI)—from US$815 million in 2008 to US$490 million in 2009—spelled a tough time for construction, the IMF said.

Imports of construction materials, a reliable indicator of overall construction activity, are down around 20-30 percent, said Nelmes. He expected the construction sector to decline by around 8 percent, a sharper contraction than the IMF had predicted in March.

Private spending will inevitably take a hit as a result of turmoil in these key sectors.

The EIU’s Nick Owen said that lower international prices for agricultural commodities will depress farmers’ incomes, while a correction in the inflated property market “will have a negative wealth effect on consumers in Phnom Penh and other cities. Higher unemployment among industrial workers will also restrain private consumption. Gross fixed investment will contract in 2009. As a result of tighter global credit conditions, Cambodia will attract less foreign investment, and domestic savings will be insufficient to sustain previous investment rates.”

A Bright Spot

Despite what he called uneven weather conditions, agriculture is the bright spot of the economy, Nelmes said. He said infrastructure development and a good harvest should mean growth in agriculture of around 5 percent in 2009, and probably the same next year.

But farming in Cambodia is still largely reliant on the weather, a lack of irrigation making growth unreliable and subject to natural disasters like droughts and floods—both seen in parts of the kingdom earlier this year.

In any case, in 2010 all three of the hit sectors—garments, tourism and construction—will rebound back into growth, Nelmes tentatively predicted. In fact, the IMF have raised their prediction for 2010 to 4.25 percent growth (up from March’s 3 percent prediction).

“The contraction in these three key sectors has been sharper so we are expecting next year … we’re going to see a little bit more positive growth.”

However, the risks “in general remain on the downside,” he cautioned, as uncertainties in global economy make recovery fragile and pinned on global stimulus.

The ADB has likewise projected growth to resume in 2010 at about 3.5 percent, as a gradual recovery in the global economy stimulates clothing exports and tourism. But the ADB’s prediction is also dependent on a global recovery that “should provide support for growth in incomes and consumption.”

Th EIU’s Owen said that making predictions about Cambodia is made more troublesome by the lack of reliable data. “Concerns over the reliability of reported GDP results and concerns over the independence of the statistical authorities from government also complicate forecasting,” he said. “Some forecasters may seek to second-guess the authorities, predicting positive GDP growth this year, when merchandise exports, investment approvals and other indicators make a contraction seem all but certain.

Forecasting would be more reliable if the authorities reported GDP and other economic results more frequently, he said. More comprehensive reporting of economic performance would also be helpful.”
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