UN Envoy Issues Sharp Rebuke of Judicial System

Monday, 20 September 2010
Pich Samnang, VOA Khmer | Phnom Penh

Photo: ASSOCIATED PRESS U.N. special rapporteur Surya Subedi walks through a Cambodian national flag in a conference room at the U.N. headquarter in Phnom Penh, Cambodia.

A new report from the UN’s top envoy on human rights that is critical of the country’s judiciary could have a harmful impact on his relationship with the government, rights workers said Monday.

Prasad Subedi, the UN special rapporteur for human rights, is scheduled to present a report this month to the UN Human Rights Council sharply critical of the courts and calling for wide changes in the judicial system.

In his report, Subedi urged more tolerance of criticism by public figures and cautioned against using the courts to silence dissent.

He also urged members of the Supreme Council of Magistracy to step down from their positions within the ruling Cambodian People’s Party and called for more resources to be put into the court system.

Subedi replaced Yash Ghai as the envoy to Cambodia after Ghai’s relationship with the government broke down in the wakes of similarly critical reports, which warned of political instability in the wake of human rights abuses.

“His fate may be the same as Yash Ghai’s,” said Ou Virak, president of the Cambodian Center for Human Rights, echoing concerns of other groups.

However, government spokesman Phay Siphan said it was too soon to say whether the report would cause a similar rift.

He said, however, that Subedi “does not fully understand” the rights situation in Cambodia.

Competitiveness: Cambodia ranks 109 out of 139 – Bravo?!?!

Switzerland ranked top in competitiveness – WEF report

Monday, 13 Sep 2010
The China Post

In South East Asia, Singapore and Malaysia came ahead of Brunei 28, Thailand 38, Indonesia 44, Vietnam 59, the Philippines 85 and Cambodia 109.

The China Post reported that the United States continued its fall in the rankings of a global competitiveness report, dropping from first place to fourth in two years as Switzerland retained the top spot for a second year in a row, followed by Sweden and Singapore.

While the United States is a leader in productivity, innovation and competitiveness, the world’s largest economy has shown growing weaknesses in recent years, the World Economic Forum said in releasing its rankings. Those included its burgeoning government budget deficit, financial market development, corporate ethics, and public and corporate trust of its government

As for the world’s newly minted second-largest economy, China was ranked 27th, moving up two spots, while the highest rated eurozone country was Germany in fifth, also up two places from last year. Japan with the third largest economy in the world was ranked sixth.

Investment on Islands in the Cambodian Sea are full of Secrets and Corruption

14 August 2010
Moneaksekar Khmer, Vol.17, #3957, 13.8.2010
The Mirror, Vol. 14, No. 677

Development plan for Koh Puos Island (Phot: KPIG)

“A high ranking official of the Sam Rainsy Party demanded the government to clarify the investments by private companies on some islands in the Cambodian sea. People want to know which companies control those islands and the leasing prices, and for how long. A request was made after the Cambodian government handed over some islands to local and foreign companies for investment, but the investment opportunities were not put up to facilitate accurate and transparent public biddings.

“Mr. Son Chhay added that islands in the sea have as high a potential for the Cambodian economy as the beaches near Kep, Koh Kong, and Sihanoukville, because they attract national and international tourists. However, the government does not put them up for public bidding; this also affects the environment, and the background of the companies is not known. He said, ‘We have received information that several Khmer islands have been handed over by the government to powerful people or to relatives of government officials, and they then leased some islands to some foreign companies, exploiting for themselves the interests of the Khmer people.’

PM Son Chhay (SRP)

“In his response, a Cambodian People’s Party parliamentarian and chairperson of the Commission of Economy, Finance Banking, and Audit, Mr. Cheam Yeap, acknowledged that the government did not put the investment on those islands for public auction, because the government does not have detailed plans, to show them to the clients for bidding. Since the government was not able to create detailed plans, putting them for public bidding is impossible. This recognition by such a high ranking official from the Cambodian People’s Party shows that the investment or leasing of the islands to some companies is mysterious and can be plagued by corruption.

“Mr. Son Chhay stressed that he requested the government in writing since 2006 to clarify investments and leasing of islands to some companies without transparent public bidding, but he has not received any response from the government. Now, he is collecting documents to be used as evidence about the impact and the corruption, in order to submit them to the government and ask for clarification again. The intention is to summon ministers or other government representatives to clarify these investment on some islands that are being developed – their shares were sold in Hong Kong – in order to know whether such activity is legal or not, and whether it conforms with basic procedures. If there is no clarification, it can be concluded that what was done before was the illegal sale of some islands of the country.

“In July 2010, the Ministry of Tourism cooperated with UNESCO towards the registration of some beaches of Cambodia among the world most beautiful beaches [Reference not clear, maybe the UNESCO Environment and development in coastal regions and in small islands program, concerned with ‘environmentally sustainable, socially equitable, culturally respectful and economically viable development’]. It is expected that there will be strong support from national and international tourism. Also, the Minister of Tourism, Mr. Thong Khon, said that after Cambodian beaches will have been noted, the Ministry of Tourism is trying to make some Cambodian beaches to be fully listed among the world’s most beautiful beaches during the nomination next year.

SRP blocked on Takeo border visit

phnompenhpost

FRIDAY, 04 JUNE 2010 15:02 MEAS SOKCHEA

Takeo Province

Sam Rainsy Party lawmaker Tok Vanchan of Takeo province crosses a river in Borei Cholsa district’s Chey Chauk commune on Thursday, after a police blockade prevented a group of lawmakers from using the nearby bridge.

POLICE in Takeo province on Thursday prevented a delegation of Sam Rainsy Party lawmakers from visiting a site along the Vietnamese border in Takeo’s Borei Cholsa district, in the latest in a series of showdowns between the opposition and the government over alleged Vietnamese encroachment.

Last week, Borei Cholsa residents complained that newly planted border posts along the Vietnamese frontier had cut off large portions of their farmland. Provincial authorities, they said, had prevented them from examining the border posts and had threatened them with imprisonment if they were to protest. Takeo provincial Governor Srey Ben said Wednesday that Vietnamese and Cambodian authorities had only been on a surveying mission in the area, and had not yet planted permanent border markers.

On Thursday, 20 SRP parliamentarians and around 100 supporters attempted to visit the border posts in question, but were confronted in Borei Cholsa’s Chey Chauk commune by around 30 provincial and military police and about 50 local residents who prevented them from going farther. The two sides exchanged words heatedly before the SRP delegation turned back.

“The SRP does not have permission from the government, so we do not permit them to enter,” Chey Chauk commune chief Tuon Vanhorm said.

“Let me see a letter of permission first, and then we will permit the delegation to enter.”

On Tuesday, after being notified about the planned trip to Takeo by the SRP, National Assembly President Heng Samrin wrote a letter in response, saying that he “would not allow and would not be responsible” for the SRP’s trip.

SRP spokesman Yim Sovann called the restriction of the delegation’s movements “illegal” and said that the ruling Cambodian People’s Party had paid off local villagers to join the blockade.

“This is intimidation,” Yim Sovann said. “They have illegally blocked the people’s representatives from fulfilling their duty.”

The SRP has made alleged Vietnamese encroachment along the border one of its signature issues since October, when opposition leader Sam Rainsy led local residents in uprooting border posts in Svay Rieng province’s Chantrea district that he claimed had been planted illegally. In January, the Svay Rieng provincial court sentenced Sam Rainsy to two years in prison in connection with the incident, and two Chantrea residents who took part in the protest received one-year jail terms.

Sam Rainsy, who has been travelling abroad since last year, was charged in March with falsifying public documents and spreading disinformation after he staged several video press conferences arguing his case and highlighting the border issue.
Var Kimhong, the government’s senior official in charge of border affairs, declined to comment on Thursday about the SRP’s trip and about the border-demarcation process more generally.

“I gave, already, all this information,” Var Kimhong said, referring to a November appearance before the National Assembly in which he defended the government’s approach to demarcation of its eastern border. “I don’t want to repeat again, again, again.”

Var Kimhong told the assembly in November that 140 of 375 planned border markers had been planted along Cambodia’s and Vietnam’s 1,270-kilometre shared border, a process that began in 2006 and is set to be finished by 2012.

Sok Sam Oeun, executive director of the Cambodian Defenders Project, said local authorities needed to prove that the SRP members were a security threat in order to legally justify restricting their movements. The government, he added, risked drawing more attention to the Vietnamese border by continuing to stifle discussion about it.

“If they act like this, then maybe people will still be suspicious about the problems along the border, so I think it is not a good way,” Sok Sam Oeun said.

Puon Pon, a Borei Cholsa district resident who joined the group blocking the SRP delegation, said he did not believe the farmland of local villagers had been significantly affected by the new border posts.

“They were planted in rice fields, but that land does not belong to anyone – it is state land,” Puon Pon said.

But Keo Kim, a Borei Cholsa resident who joined the SRP delegation, said the border posts would cost him all 2.5 hectares of his farmland if they became permanent. Police in Takeo, he added, had unjustly prevented the SRP delegation from investigating the issue.

“If the markers that they have planted are made official, my land will be totally lost,” Keo Kim said.

Government Bolsters Efforts Against Squatters

kI-media

Chun Sakada, VOA Khmer
Phnom Penh Friday, 28 May 2010

“This [order] is good, but we worry about the concrete implementation of it, because the government has not provided fair compensation to people in exchange for their removal.”

The Council of Ministers on Friday approved a legal circular that instructs provincial and municipal authorities to seek resolutions to illegal settlements on state property.

The order tells authorities to first meet with community representatives on state land to inform them of development projects and to then discuss compensation for residents.

The circular creates a regulation for measures already practiced by authorities, critics said Friday, and it does not address situations where residents refuse to leave.

Cambodian officials have steadily found themselves at odds with squatter communities, where land values have boomed and development projects are springing up.

The order is to “inform all provinces and municipal authorities to solve illegal construction on state land through discussion with residents,” according to the draft pass by the Council on Friday.

The order is meant “to solve the anarchic construction [done] without order on the state land, where the occupier has come to settle illegally and to construct a house without order [creating] a lack of road passage and lack of hygiene.”

The order now gives officials more authority to act against squatter communities who may not be getting enough compensation, opponents said Friday.

“This [order] is good, but we worry about the concrete implementation of it, because the government has not provided fair compensation to people in exchange for their removal,” said Yim Sovann, a spokesman for the opposition Sam Rainsy Party. “If there are effects to the people because of the [order] we would like the government to respect the constitution and to fairly compensate people through the market price.”

The measure is not clear about compensation, leaving room for authorities to offer low prices to residents, which can lead to conflict, said Thun Saray, president of the rights group Adhoc.

Thai Navy, a 39-year-old resident of the Boeung Kak lake community, which has been locked in a dispute with Phnom Penh over a giant development project since 2008, said representatives were not happy with the measure.

“The resolution to remove houses is the same as before,” he said.

The city’s policy is to pay Boeung Kak residents $8,500 per family or to offer lots of land on the outskirts of the city. Residents have said that is not enough, but there has been no forced eviction in the area to date.

The order comes as Cambodia faces increased criticism of forced evictions of the urban poor.

In an annual report issued Thursday, Amnesty International said “a wave of legal actions against housing rights defenders, journalists and other critical voices” had “stifled freedom of expression in Cambodia.”