Reparations approved for victims of the KR | National | National
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REPARATIONS APPROVED FOR VICTIMS OF THE KR Last Updated on 24 June 2013 By Stuart White
A woman frees a bird at Choeung Ek to commemorate victims of the genocide during a Day of Anger ceremony in May. Photograph: Pha Lina/Phnom Penh Post The Cambodian government has responded to a request by civil party lawyers at the Khmer Rouge tribunal, approving the first reparations projects to be offered to victims since the court began trying the regime’s senior leaders. In a June 11 letter to civil party lead co-lawyers Pich An and Elisabeth Simonneau-Fort, Council of Ministers Secretary of State Hing Thoraxy said that the government would approve two requests – one designating a National Day of Remembrance, and another expanding the teaching of Khmer Rouge history. “In accordance with the above subject and references, the Office of the Council of Ministers wishes to inform the Civil Party Lead Co-Lawyers that the Royal Government agrees to . . . Designate the 20th of May as the National Day of Remembrance, an annual public holiday celebrated in lieu of the Day of Anger or Memorial Day, which has been observed since 1984,” reads the letter obtained yesterday. In the letter, the government also agreed “that documentation of the history of the Democratic Kampuchea regime be organised and incorporated into the academic curriculum for general education from grade 7 to grade 12, as well as the foundation curriculum of higher education institutions”. The response made no explicit mention of a third request often voiced by testifying civil parties, and included by the co-lawyers in their own letter: that the government help to preserve “crime locations or killing fields, build stupas or worship places, [and] set up libraries or small document centres and museum or exhibitions”.
7/1/2013 4:12 PM
Reparations approved for victims of the KR | National | National
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According to the government’s response, funding for the projects would be raised by the court’s Office of Administration. Latt Ky, coordinator of the rights group Adhoc’s Khmer Rouge tribunal program, which aids nearly 1,700 civil parties, said that while the reparations were a step in the right direction, they still fell short of fulfilling the government’s responsibility to victims of the Khmer Rouge. “They want the visible reparations, like the monument and the preservation of the crime sites,” Ky said of the civil parties, noting that even the date of the proposed Day of Remembrance was already a ruling party-tinged holiday. “I don’t object to the day May 20, but it’s not meaningful reparations to the victims,” he said. “But I appreciate it, because [Khmer Rouge history] should be considered in the national education, let’s say, at the high school level. I consider it an important thing.” Cambodian Justice Initiative program officer Panhavuth Long called the approved reparations “a victory for the civil parties”, but also noted that one couldn’t rule out the possibility that the Day of Remembrance would be politicised.
7/1/2013 4:12 PM
Gov’t defends progress on trafficking | National | National
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GOV’T DEFENDS PROGRESS ON TRAFFICKING Last Updated on 25 June 2013 By Kevin Ponniah
Report rebutted The Cambodian government has hit back at a US State Department report that heavily criticised its efforts to combat human trafficking, claiming it was riddled with false information and vague generalisations. The 2013 Trafficking in Persons (TIP) report, released last Friday, downgraded the Kingdom for the first time since 2009 to a level for nations not able to provide sufficient evidence that they are trying to meet minimum anti-trafficking standards. In a statement released yesterday by the Ministry of Foreign Affairs, the government said the report ignored its efforts, and labeled parts of the report “ludicrous”. “Many of the issues raised in this report are either made from general sweeping assumptions or lacking real evidence in the first place to prove otherwise,” the statement said. It argues that in recent years the Kingdom has pushed through a number of legislations designed to crack down on trafficking that the report “deliberately” ignored in order to criticise Cambodia’s lack of progress. Last week’s report slammed the government for “endemic” corruption that it said undermined prosecutions and efforts to hold traffickers to account. But yesterday’s statement claimed that “real progress” had been made in 2012, with 133 suspects arrested, 458 victims rescued and 300 convicted by the courts. Those numbers contrast starkly with the report, which said that just 50 traffickers were prosecuted in the reporting period, resulting in 44 convictions between April 1 2012 and 31 March 2013.
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7/1/2013 4:10 PM
UNESCO designates 19 new sites | National | National
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UNESCO DESIGNATES 19 NEW SITES Last Updated on 25 June 2013 By Cheang Sokha
The 37th unesco conference has so far examined and listed 19 new world heritage sites, a little more than half the sites requested, as it moves to its final day Thursday. Of the 19 sites, chosen from 30 that received nominations for consideration, five are natural properties and the other 14 are cultural properties, said Deputy Prime Minister Sok An, chairman of the 37th World Heritage Committee. Chosen sites include eight from the Asia-Pacific region, seven from Europe, two from Africa, one from Latin America and the Caribbean, and one from the Middle East. Politics had nothing to do with any decisions made by the committee, which opted not to inscribe the Old City of Jerusalem, An said. “We try to get everybody to concentrate on technical issues from heritage, and to avoid speaking about politics in the world heritage committee,” An said. “I think this is the philosophy, not to get involve with politics.”
7/1/2013 4:11 PM
Governor bans NGO events | National | National
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GOVERNOR BANS NGO EVENTS Last Updated on 26 June 2013 By Phak Seangly
Villagers protest against CNRP leader Kem Sokha in Ratanakkiri province in May. Provincial governor Pao Ham Pan issued a letter last week asking all citizens to halt protests during election season. Photo supplied The Ratanakkiri provincial governor has told all officials and citizens in the province not to participate in civil society events during the upcoming campaign and election period. In a letter dated June 13 and obtained by the Post yesterday, provincial governor Pao Ham Pan asks NGOs not to schedule events between June 27 and July 28 because public officials need to focus on organising and overseeing the elections. “Our hall does not allow any participation from local town, district, commune or village authorities and from citizens in any press conference, meeting or study tour held by any NGO because it is the campaign and election days, so authorities need time to manage their work and citizens need an opportunity to use their political rights,” the letter says. Clarifying the letter’s contents yesterday, governor Ham Pan said that NGOs would not be punished for failing to heed the letter, which he said was distributed to several organisations earlier in the month. “It’s an informatory letter, not a law, so it is not a case of violating rights,” he said. “It is aimed at easing the election process.”
7/1/2013 4:07 PM
Governor bans NGO events | National | National
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“The commune chief is the one who has to sign voters’ identification letters and distribute information tickets to citizens. When they are away and busy at events, who is responsible for that?” he said. Chhay Thy, coordinator for rights group Adhoc, said that his organisation had not received the letter from the provincial hall but he had read it yesterday after obtaining it from another NGO and found it to be unconstitutional. “People have a right to participate in meetings and any events, and our constitution does not stop people from doing so during the election time,” he said. Adhoc would continue to organise meetings with the province’s villagers and authorities in the next month, he said. National Election Committee secretary general Tep Nytha said he was not aware of the letter and that he would contact Ham Pan to clarify the situation. Additional reporting by Justine Drennan
7/1/2013 4:07 PM
In politics, gender gap still wide: study | National | National
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IN POLITICS, GENDER GAP STILL WIDE: STUDY Last Updated on 26 June 2013 By Kevin Ponniah
Cambodia will fail in meeting UN Millennium Development Goals on elected female representation, the Committee for Free and Fair Elections in Cambodia (Comfrel) said yesterday, with the proportion of female candidates running in next month’s election coming in just under 20 per cent. Only 168 females are listed as candidates by the National Election Committee (NEC) for next month’s polls – just 19 per cent of the total 886 candidates, the Comfrel research note says. In 2008, 14.8 per cent of election candidates were women. Despite the low figure, however, females listed as candidates in the top three spots on the election ballot almost tripled from 4.16 per cent in 2008 to 12.16 per cent this year. The ruling Cambodian People’s Party has listed 20 female candidates this election – or 16.26 per cent – the same proportion of total candidates as they had in 2008, Sonket Sereyleak, education and gender coordinator at Comfrel, said. The Cambodia National Rescue Party has listed only 12 female candidates – 9.75 per cent of their total, she added. “The number of women elected will possibly decrease . . . Because of the popularity of the big parties . . . these parties will win [the majority] of seats in the election and they have few female candidates,” she said. Minority parties put up more women as candidates, she added, with some reaching as high as 50 per cent of their total. CNRP lawmaker candidate and women’s advocate Mu Sochua said, however, that it was hard for her party, as the opposition, to find suitable female candidates. “It is difficult for us to find professional women with the means,” she said. Although the party still lacks a female quota, she added, the CNRP has been trying to prioritise youth, and particularly female youth, where possible. “Yesterday in Mondulkiri, we wanted a female candidate. We had her and she was indigenous but she gave up her spot to a male candidate. But because he was a youth we accepted,” she said. “For men, politics is a man’s arena and they don’t have the [familial] guilt . . . it’s a social issue.” However, Cambodian Center for Human Rights president Ou Virak had a different opinion.
7/1/2013 4:08 PM
In politics, gender gap still wide: study | National | National
http://phnompenhpost.com/2013062666492/National/in-politics-gender-...
“All parties are run by old men, and I can see the lack of concern of these old men on bringing women into politics.�
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7/1/2013 4:08 PM
UN asked to avoid bias on rights issues | National | National
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UN ASKED TO AVOID BIAS ON RIGHTS ISSUES Last Updated on 26 June 2013 By Vong Sokheng
Minister of Foreign Affairs Hor Namhong yesterday urged the United Nations high commissioner for human rights representative in Cambodia not to be biased against the government and the ruling party in her evaluation of the state of human rights in Cambodia. In his meeting with Wan-Hea Lee, who was appointed UN OHCHR Representative in Cambodia in 2012 and is now taking over duties as such, Namhong expressed a positive attitude toward OHCHR’s presence and preparation of its annual report on the country. He warned, however, that Lee should report on the country’s human rights situation not based “on one side’s information – from the media and civil society, which tend to side with the opposition party”, Foreign Affairs Ministry spokesman Koy Kuong said after the meeting. The government has at times had a difficult relationship with OHCHR; Prime Minister Hun Sen previously threatened to close the office in Cambodia if then-representative Christophe Peschoux, whom he saw as allied with the opposition, was not fired. Yesterday, Kuong said: “Hor Namhong expressed a warm welcome to Ms Wan-Hea Lee, and she expressed appreciation with her new appointment.” Kuong noted that in January 2012, the government had renewed a two-year memorandum of understanding for cooperation with the OHCHR. According to Lee, “the meeting was very productive and cordial. OHCHR provides a significant amount of technical assistance to the Royal Government to help improve the human rights situation in the country. OHCHR has always aimed to be independent and objective in its work.” Although Kuong said Namhong had asked the OHCHR to monitor the upcoming elections, Lee said that although OHCHR’s monitoring continued through the election period, “the United Nations in Cambodia is not involved in organising or observing the 2013 National Assembly elections”. Additional reporting by Justine Drennan
7/1/2013 4:08 PM
Weak laws stymie the fight against torture | National | National
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WEAK LAWS STYMIE THE FIGHT AGAINST TORTURE Last Updated on 27 June 2013 By Stuart White
When authorities discovered 27-year-old Mom Rithy chained to a wall in a Preah Sihanouk province rental house, gagged, badly beaten and missing a finger, they took swift action. They arrested three suspects – two Russians and a Ukrainian – for having allegedly bound and mutilated Rithy as punishment for attempting to steal a cheap cell phone. The next day the provincial court charged the trio for the illegal detention and torture. Though the charges in Rithy’s case may have seemed like a no-brainer, many torture cases go unreported every year. Even those that are reported often go unresolved, said the Cambodian Human Rights Action Committee and a handful of other rights groups at a conference on torture issues yesterday. “In many cases, for us to convict a person, they use violence to make them confess,” said CHRAC Chairman Sok Sam Oeun at the event. “The mandate of the investigating judge is to look into the evidence – both exculpatory and inculpatory evidence,” Sam Oeun, who is also executive director of the Cambodian Defenders Project, added. “But if he does not do so, they will still use the confession. So we must strengthen the capacity of judges.” Many torture cases, he continued, go unpunished simply because torture is so ill-defined under Cambodian law. “Many [civil society organisations] focus on how to lobby on law reform, but in the last few years, many donors focus more on the grassroots,” Sam Oeun said, noting that demonstrating to affect change can’t be effective unless the legislation is reformed as well. “But if the definition of torture is not clear, do we think there is less torture? If the law is not clear, then no one will be prosecuted.” The poor definition of torture is especially troublesome when victims are intimidated psychologically, instead of physically, said Ny Chakrya, head of the human rights and legal aid section of the rights group Adhoc. “Sometimes police don’t have to beat them. They may do a cruel act to a person in the room next to them to make them scared,” he said. Adhoc has observed at least 141 cases of torture since 2010, a figure Chakrya said was almost certainly incomplete. The rights group Licadho reported 135 torture complaints in 2011 alone, a nearly 30 per cent rise over 2010. “We need more participation from the state agents,” Chakrya said. “NGOs should not be seen as the opponent.”
7/1/2013 4:04 PM
Weak laws stymie the fight against torture | National | National
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Police spokesman Khieu Sopheak denied that torture was commonplace in Cambodia, but said that in any country “they could not say that there is no torture of suspects – even in America”. Even so, he added, police don’t get too cosy with suspects. “In Cambodia, we never sampeah (a traditional greeting) the suspects,” he said.
7/1/2013 4:04 PM
US senators call for halt to Cambodia aid | National | National
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US SENATORS CALL FOR HALT TO CAMBODIA AID Last Updated on 28 June 2013 By Abby Seiff
Citing concerns over Cambodia’s human rights record and lack of electoral reforms, a pair of US senators has asked congress to consider halting foreign aid should the elections go forward without Sam Rainsy and a revamping of the National Election Committee. In the resolution entitled “Calling for More Accountable Foreign Assistance for Cambodia”, Senators Lindsey Graham and Marco Rubio urge the Committee of Foreign Affairs to hold Cambodia accountable for a raft of rights violations. “America’s investment in that Southeast Asian country has been anything but insignificant,” reads the resolution, dated June 7 and obtained yesterday. “Unfortunately, we are not getting a return on this investment when it comes to the advancement of the rule of law, democracy, and human rights.” The US is one of Cambodia’s largest donors, providing $1.25 billion in aid and military assistance between 1993 and 2011, according to the senators. An additional $73.5 million in aid has been earmarked for next year. Pointing to the Kingdom’s rating on the Human Development Index (138 of 187), its Corruption Perceptions Index standing (157 of 174) and its “not free” ranking in Freedom House’s latest world report, the senators then call for the US government to pull all support for the elections unless they accept recommendations posited by UN special rapporteur Surya Subedi, among others. “A Cambodian government formed as a result of such illegitimate elections should not be eligible for direct United States Government assistance, including for the military and police, and the Department of State and United States Agency for International Development should jointly reassess and reduce assistance for Cambodia in subsequent fiscal years, and urge international financial institutions to do the same,” they continue. Council of Ministers spokesman Phay Siphan said he was “very thankful for their concern about the upcoming election”, but urged a more nuanced look, pointing out that Rainsy’s convictions made him ineligible to run and stressing that the ruling party had been nothing if not “mature and patient” in the run-up to the July vote. “I wish the US government would strengthen the rule of law rather than polarise this election. This election represents the will of the people.” Noting that the resolution remained pending, US Embassy spokesman John Simmons declined to comment on whether aid would in fact be suspended but urged the Cambodian government to “consider seriously the recommendations by the UN special rapporteur”. “The upcoming national elections will be a critical test of the Royal Government of Cambodia’s commitment to
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7/1/2013 2:21 PM
US senators call for halt to Cambodia aid | National | National
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strengthening the nation’s democracy,� he wrote in an email.
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