To Trust the Law Means to Trust that the Law is not only Written, but that It Is Implemented – Sunday, 29.8.2010

Posted on 30 August 2010. Filed under: *Editorial*, Week 679 | Tags: , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 679

Important Announcement

Would you please mouse-click, further up on this page here, on About The Mirror to read information about changes planned to be implemented, starting from 1 September 2010.

Thanks,

Norbert Klein
Editor of The Mirror

Social stability depends on a situation where the citizens trust that the law is implemented. Not every time when somebody thinks to be treated unjustly this is also true. But the fact that every week there are several reports of demonstrations of groups of people, in different parts of the country, who feel they are suffering injustice – mostly related to land use and land rights – should be a sign of alarm. Social stability can be enforced for some time, but that is different from social stability based on peace and justice.

In 2002, the Prime Minister had said in his opening speech to the Consultative Group Meeting between representatives of the Cambodian Government and representatives of cooperating countries and international institutions:

“We are conscious that corruption in the public machinery, be it judiciary or administrative or any other, increases transaction costs for everyone and reduces predictability in law enforcement and implementation of government’s policies… The government believes that enactment of adequate laws and regulations to prevent and punish corruption is crucial for addressing this problem.”

And in December 2005 he warned that if illegal land seizures were not brought under control, they could lead to a farmers’ revolution.

Are these words of the Prime Minister out of date?

Seeing that during many of present demonstrations people carrying pictures of the Prime Minister and the First Lady shows that many people still have hope in interventions by the Prime Minister to provide justice – even when they have lost confidence that the normal process of the courts will achieve this goal.

Violations of the law happen regularly and massively, as claimed in the Cambodian press, and this is also confirmed by high ranking officials of the government. Just to quote some examples from the current week reported in The Mirror:

  • Contraband Is Massively Imported while Members of the Authorities Are Collecting Colossal Amounts of Money
  • Prime Minister Hun Sen Had Often Warned against It, but Frequently Heads of Some Institutions and Units Continue to Nominate Their Children’s Spouses or Other Relatives to Take Their Positions When They Retire
  • Tax Officers Who Collect Excessive Amounts of Money from Road Tax Payments Face Dismissal [so this is happening]
  • Prime Minister Hun Sen’s Order to Intercept Forestry Crimes Is No Longer Followed [recently, there is more illegal wood transported]
  • Disabled Veterans and Retiring Civil Servants Complained about Difficulties to Get Their Salaries [as they were told to wait from day to day]

Not all press reports are verified – but if there are repeatedly reports about the same kind of violations, one would expect concerned statements from the Press and Quick Reaction Unit of the Council of Ministers, explaining to the public what the authorities are doing to check what is going on to rectify what is wrong.

It is surprising that, instead, the spokesperson of the Press and Quick Reaction Unit of the Council of Ministers, Mr. Tith Sothea, when requested to look into problems in the way society is operating in spite of the regulations of the Constitution of 1993, made appeasing statements. He said that the government always rules the country following the law, adding, “If the opposition party wants further reforms beyond this, it has to wait until it wins the elections.” Many people who are convinced they suffer injustice do not want to see a complete political change, they just want to see that the laws and the Constitution of 1993 are really implemented.

When the 2010 report of Amnesty International drew the attention to the plight of thousands of Cambodian citizens suffering from forced relocations – in case of Group 78 in the Tonle Basak commune and other cases – the same spokesperson of the Press and Quick Reaction Unit of the Council of Ministers accused Amnesty International not to have studied the actual situation. Even accusations were made that such reports about the plight of Cambodian people asking for justice are only written to gain money for the writers. One might expect that the spokesperson would rather elaborate what the government is doing to help the people who have lost their homes, where they had had their livelihood – though poor – established for many years.

Will the Minister of Justice also be accused of “not to have studied the actual situation” for blaming the court system of not functioning according to the law, and therefore not delivering justice:

  • The Ministry of Justice Released a Letter to Warn Judges and Prosecutors Who Read Newspapers during Hearings and Assign Clerks to Assume Their Responsibility Instead

When a Delegation of the European Parliament recently visited Cambodia to study the medical sector, they observed the gap between what the Constitution of the Kingdom of Cambodia says, and the realities they met. The Mirror carried repeatedly reports about sick people who could not get proper attention in hospitals if they were not able to pay first.

The public is not so much interested in claims by the Press and Quick Reaction Unit of the Council of Ministers that everything is all right. It would rather be interesting to read more about what measure are taken or planned to bridge the gap between the requirements of the Constitution – from which we quote here – than to be referred to a possible change by electoral vote, if the people want to see the Constitution implemented.

Some related quotes from the Constitution of the Kingdom of Cambodia – always interesting and important reading:

  • Article 72: The health of the people shall be guaranteed. The State shall give full consideration to disease prevention and medical treatment. Poor citizens shall receive free medical consultation in public hospitals, infirmaries and maternities.
  • Article 74: The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation.

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Words Can Reveal or Obscure – Sunday, 15.8.2010

Posted on 16 August 2010. Filed under: *Editorial*, Week 677 | Tags: , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 677

On Thursday, 12 August 2010, The Cambodia Daily had a headline that said:

Gov’t Refutes Court Order on Land Dispute

And in the text this is explained as follows:

Ratanakiri Provincial Court has ordered the province’s largest rubber company to temporarily stop operations…

But an official at the Ministry of Agriculture said that the order should not be carried out, as it would harm government revenues coming from the rubber sector.

“The injunction cannot be implemented because it is on state land,” Ly Phalla, director general of the Ministry of Agriculture’s rubber department said yesterday.

Is this acceptable? When some personal interest is negatively affected by a court order favoring an opposing side, it is understandable that an individual does not want to follow a court order. But a court order has to be obeyed anyway in a country under a Constitution like the Constitution of the Kingdom of Cambodian. Or an appeal to a higher court can be made.

Is this suggestion by a high ranking official at a ministry, calling not to obey a court order, acceptable? If it is not acceptable, it would be interesting to read the sanctions which were taken against such a position.

But it is not surprising, then, that there was also a report in The Mirror of Thursday, 12.8.2010 – see details there – saying:

The report by the Minister of Water Resources and Meteorology, Mr. Lim Kean Hor, does not relate to only one case, but he says that 45 illegally built reservoirs were already destroyed since 25 June 2010, but 239 illegal reservoirs which still are to be demolished, are located in the six provinces of Banteay Meanchey, Battambang, Kompong Chhnang, Kompong Thom, Pursat, and Siem Reap. So it is a widespread fact, in spite of the criticism since many months, and an order by the Prime Minister in April 2010.

The Minister of Water Resources said he is just following the Prime Minister’s order, and “We reported and sent the name list of those people to Prime Minister Samdech Hun Sen to consider and to decide an appropriate measure.” The list names some district governors and commune chiefs, suspected to be involved in collusion to protect illegal reservoirs which are ruining the Tonle Sap lake. Deputy Prime Minister Yim Chhayly took a similar position: “We must cooperate to protect and conserve the Tonle Sap lake and engage in the conservation for the development of eco-tourism…. The Cambodian People’s Party must acknowledge what we did, because party officials such as district governors and commune chiefs signed on documents to allow the creation of those illegal reservoirs.” – “He will hold all responsibilities for everything if there are any of subordinate officials taking bribes and trying to prevent these newly-built basins from being destroyed by the Government’s local authorities,” he added.

This is quite different from the call from another Ministry’s department director. It is obvious where proper responsibility is taken to act, and where it is difficult to understand what is said by others in high positions.

And one may ponder what is more surprising – that a department director of a ministry can publicly call to disregard a court order, or that a ministers really does what has to be done, in spite of the fact that it will create displeasure among members of the same party, as it includes a public admission that the Cambodian People’s Party must acknowledge what was done wrong. Such admission clears the way to a new, and better start.

= = =

In quite a different context, the question of taking responsibility for words spoken by persons with public responsibility has also to be addressed.

Even as it is complex and difficult to navigate, The Mirror tries to mirror it – mirroring what is in the media; and this may not in all cases correctly reflect reality. But it all relates to the painful tensions between Cambodia and Thailand.

On 4.7.2010, The Mirror carried reports about allegations in the Thai press that two Thai citizens, supposed to have been involved in planting a bomb in Bangkok, fled to Cambodia. The Press and Quick Reaction Unit at the Council of Ministers rejected such reports, calling on the Thai government to end what it described as a “malicious campaign to fault Cambodia…” The Cambodian Foreign Ministry spokesperson Mr. Koy Kuong said that these allegations were “stupid.” – “Cambodia completely denies this kind of provocative information.” – “They raise incorrect information. When Thailand has problems, they blame Cambodia.” – “If Thailand denies that they have accused Cambodia, then they should make corrections in all their media that have published such false information,” he said. “I think this is a play from the Thai government officials, who speak out without taking responsibility for their comments.”

On 5.7.2010, one day later, The Mirror had a headline “Cambodia Will Hand Over Two Terrorist Suspects to Thai Embassy Officials on Monday” – they were arrested in Siem Reap. – Thai government officials did not have to apologize for a “malicious campaign” of “provocative information” and to correct wrong, “stupid” allegations, and they did not have to make corrections in all their media. While Thai government officials had been accused by their Cambodian counterparts of speaking out without taking responsibility for their comments. We are not aware that an apology for the accusations against the Thai side was published in all Cambodian media, that had carried the – now proved groundless – accusations against the related Thai voices.

Now again the Thai government is again urged by representatives of the Cambodian government to control their media better.

A press report from Thailand has been taken as the basis for a Cambodian appeal to the UN General Assembly and the UN Security Council, stating that the Thai Prime Minister’s words imply a violation of the UN charter – but the Thai Prime Minister claims that he was “misquoted, taken out of context and misunderstood” in what he had said in relation to the use of military force in border disputes. The Cambodian government sees this, on the other hand, as a Thai effort to blame the media, while actually continuing a Thai “toxic” campaign to confuse the public. And the Cambodian side retorts, in this war of words, that the Thai government should control its press better, and to publish immediately corrections, if necessary.

A similar need to correct supposedly problematic reports by the press was felt by the Cambodian side already once in February 2010. The international press had reported that the Cambodian Prime Minister had cursed his Thai counterpart:

“If you don’t tell the truth about Thai troops invading Cambodia, let magic objects break your neck, may you be shot, be hit by a car, may you be shocked by electricity or (may you be shot) by misfired guns.”

“Will Abhisit swear on having all his family members killed and having them (perish) in a plane crash, if (he still claims) that Thai troops did not invade Cambodia?”

In order to clarify the situation, the Cambodian Minister of Information, Mr. Khieu Kanharith, appealed to the media on 15.2.2010 to report correctly, saying that the Cambodian Prime Minister did not “curse” Mr. Abhisit, but just asked to swear that Thai troops did not invade Cambodia. “In the past, there are a lot of misunderstandings. So, I would kindly ask you to correct those words. Samdech (Hun Sen) did not curse, Samdech only ask Abhisit to swear whether Thai troops invaded Cambodia or not. If they didn’t invade Cambodia, just swear.”

Considering that most of the indirect exchanges over the press are – in addition to the difficult situation – mostly burdened by translations, from Thai to English, and from Khmer to English, and then re-translated again in the respective local media; there is enough room for emotional interpretation and misunderstanding.

“The Thai Prime Minister declared again that “Thailand is committed to solve the border dispute peacefully under the 2000 Memorandum of Understanding,” and the Cambodian Deputy Prime Minister Sok An was quoted in the issue of Rasmei Kampuchea of 8-9.8.2010 also to appeal to adhere to this same Memorandum of Understanding.

But while the Cambodian Prime Minister also repeated this hope for a peaceful solution, he also warned last week again that the border tension could lead to “bloodshed,” a wording similar to his statement from October 2008, when the BBC reported that the Cambodia Prime Minster had threatened “all-out war, to turn the area around the disputed Preah Vihear temple into a ‘zone of death’.”

Is there any other way to what the Cambodian Prime Minister himself had said recently, as The Mirror reported:

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The General Public Criticized the Action of the Authorities to Arrest Children Selling Newspapers at Traffic Lights, Saying if They Cannot Help Those Children with Anything, They Should Not Destroy Their Rice Pots – Monday, 2.8.2010

Posted on 4 August 2010. Filed under: Week 676 | Tags: , , , , , , , , , , |

The Mirror, Vol. 14, No. 676

“Homeless and poor children and orphans in Phnom Penh do different things to earn their living. Some steal, as they are too poor and cannot find enough food to eat. Some beg to survive, though it affects the social atmosphere.

“But after one year of being restricted, while receiving general education, many of these homeless and poor children and orphans turn to take up appropriate and honorable jobs again in the city by selling newspapers and flowers at traffic lights and along congested roads in Phnom Penh. These small jobs allow these homeless and otherwise inactive Khmer children to get away from misery and poverty and have better living conditions, where they can buy enough food to eat, which is welcome. Even travelers are pleased with those jobs of the children. They help to buy newspapers and flowers, and often they give them extra tips, as they see that these children can create honest jobs on their own. Compared with previous years, often many beggars were found at traffic lights, taking away the attention from the traffic lights.

“But it is regrettable and disgusting, that within the week, police tried to chase the children away who sell newspapers along the roads and at traffic lights, as if they were thieves. It is not known whether police received orders and from whom. These acts of the police make the children to live in fear. Some were sitting at the roadside, holding their newspapers and flowers and cried and felt hopeless for their lives, that just had started with some new light. The general public traveling along these roads condemned such bad actions. Some said that if the authorities cannot assist the children with anything, they should let them have their rice pots.

“In the heavenly modern cities of Singapore, Prey Nokor [Ho Chi Minh City], Bangkok, or Kuala Lumpur, in those highly developed cities, there are people selling things or distributing commercial advertisement at traffic lights. Why is it so different in Phnom Penh, which is heading toward modernity?

“What the authorities do is not different from just taking away the rice pots of those homeless and poor children, many are also orphans, and it is like pushing them back to return to their previous way of living.” Koh Santepheap, Vol.43, #7023, 2.8.2010

Newspapers Appearing on the Newsstand:
Monday, 2 August 2010

Kampuchea Thmey, Vol.9, #2316, 1-2.8.2010

  • The Prime Minister Dismissed Information Published by The Cambodia Daily [on 30 July 2010, saying that there is a casino allowed to be operated by the Korean company Intercity Group in Siem Reap, and he suggested that the paper should correct this information]

Koh Santepheap, Vol.43, #7023, 2.8.2010

  • The General Public Criticized the Action of the Authorities to Arrest Children Selling Newspapers at Traffic Lights, Saying if They Cannot Help Those Children with Anything, They Should Not Destroy Their Rice Pots

Moneaksekar Khmer, Vol.17, #3947, 2.8.2010

  • Human Rights Officials [of the Cambodian Human Rights and Development Association – ADHOC] and [Sam Rainsy Party] Parliamentarians Called for the Release of Twelve Citizens in the Chi Kraeng District Who Will Be Sentenced This Morning [over different accusations, when they protested over a land dispute in 2009 – Siem Reap]
  • Cambodian and Yuon [Vietnamese] Officials Suggest a Meetings to Be Organized Every Two Years to Monitor the Application of Existing Agreements, while the Sam Rainsy Party Warned They Will Review the Border Agreements if They Win the Elections

Nokor Wat, Vol.1, #19, 1-2.8.2010

  • A Deputy Prime Minister of Vietnam Mr. Pham Gia Khiem [Phạm Gia Khiêm] Will Visit Cambodia [from 2 to 5 August 2010 to talk about cooperation between both countries in the border provinces]
  • Cambodia Faces Many Challenges to Adjust to as a Member of the World Trade Organization [for example, some kind of food export is not possible as Cambodia cannot assure safe and sanitary processes of food production according to international standards, according to a secretary of state of the Ministry of Commerce, Mr. Hem Sithon]

Phnom Penh Post [Khmer Edition], Vol.1, #227, 2.8.2010

  • Cambodia Drafts a Royal Decree about Regulations for Military Reservists
  • A Canadian Man Was Found Guilty of Having Sex with [Cambodian underage] Girls [and was sentenced to 11 years in prison]
  • The Government Will Spend US$1.5 Million on Tuberculosis Research [its prevalence in Cambodia; Cambodia is among the 22 countries with the highest prevalence of tuberculosis in the world]

Rasmei Kampuchea, Vol.18, #5265, 1-2.8.2010

  • Civil Society Official [Mr. Chan Soveth, a senior investigating official of ADHOC] Said that within the First Six Months of 2010, Land Disputes Declined [there were 86 land dispute cases, where 40 cases were big, between citizens and companies and military officials; compared with the same period in 2009, there were 200 land disputes]
  • Cambodian Army Commanders Inspect Troops at the Front Line, as Thailand Is Sending More Troops to Its Front Line near the Preah Vihear Temple
  • Within the First Six Months of 2010, Cambodia Encountered a Trade Deficit of US$0.8 Billion [the export amounted to only US$2 billion, whereas the import was US$2.8 billion – according to the National Bank of Cambodia]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
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Preah Vihear – Who Said What and Why – Sunday, 1.8.2010

Posted on 4 August 2010. Filed under: *Editorial*, Week 675 | Tags: , , , , , , , , , , , , , , , , , , , , , , |


The Mirror, Vol. 14, No. 675

When the media in both countries – Cambodia and Thailand – quote various sources to make conflicting claims, it is again an occasion to try to mirror these sources and leave it to our readers to draw their conclusions.

As ever, such a statement is always combined with the invitation to point out if the sources we quote are misquoted, or if there is an important reference missing. But it is not convincing to accuse the writer of this documentation simply to be wrong without showing substantive evidence, as happens sometimes. What follows is all based on publicly available documents. But as this case is complex, the following text is long; maybe a lot of confusion comes from not reading the texts. The pieces presented here were selected in the hope that some quick negative conclusions – not based on available texts, either disregarding, or even contradicting them – can be clarified. All this is written, to quote words from the final agreements negotiated by Senior Minister Sok An with representatives of Thailand and UNESCO before the decisive meeting of the World Heritage Committee in July 2008 – in a spirit of friendship and cooperation, in the spirit of goodwill and conciliation – as it is stated in the final joint document before the 2008 decisions.

The Early History

Going back in history is often necessary to clarify facts. But their meaning may have changed over time. As a German, I know that there was a time when the Germans considered that Karl der Grosse, crowned in the year 800 – not long before the temple of Preah Vihear was started to be built – is at the beginning of our German history, while also the French considered Charlemagne as their’s. Actually, at his time, he ruled over large parts of western and central Europe, not over France or Germany as they exist now. But since the French Minister of Foreign Affairs Robert Schuman – a French with a good German name – took the initiative in 1950 to create again common political entities in Europe – the European Union – we have almost forgotten the old historical and emotional divides.

There is a long pre-history for the present history of the Preah Vihear conflicts. But for the discussion of the present situation, it may be enough to start in 1962, when the International Court of Justice in The Hague came to the conclusion that it …FINDS THAT THE TEMPLE OF PREAH VIHEAR IS SITUATED IN TERRITORY UNDER THE SOVEREIGNTY OF CAMBODIA.

Cambodian comments often go further back. Maybe this is not necessary, as the 1962 court ruling is not questioned by the political leadership of the governments of both sides, in spite of the fact that this is often disregarded or denied.

It is not surprising that some people, even some people with a wide group of supporters, have taken different positions. The present government of Thailand accepts the 1962 verdict. Whoever doubts this, should provide quotable evidence. Last week, after a group of Thai nationalists had demonstrated in front of the UNESCO office in Bangkok on 27.7.2010, rejecting any discussion of the status of Preah Vihear by the World Heritage Committee, the Thai prime minister invited representatives of the People’s Alliance for Democracy – PAD, widely overlapping in membership with the “Yellow-Shirts” – to clarify where he does not agree, and where he agrees with them. “The PAD wanted an end to the Thai-Cambodia Memorandum of Understanding, because it ‘turned a Thai territory into a disputed territory.’ But Abhisit thought that the MOU turned a territory that Cambodia thought to belong to them, to become a disputed territory. The PAD wanted the government to boycott the World Heritage Committee meeting in Brazil, because attending the meeting would signify that Thailand accepted the listing of Preah Vihear as a world heritage site, and only disagreed with the temple’s management plan. But for the Thai prime minister, it is exactly the present management plan which he did not want to see accepted.

To disregard this point is obviously confusing, not clarifying, the state of affairs.

Or is it this way of interpreting the MOU – the Joint Communique – assumed to by the Thai prime minister’s one, also a reason why the media in Cambodia never published the Joint Communique (details further down), neither in Khmer nor in English? It is difficult to understand why such an important document, including a new Cambodian draws map, which was discussed in parliament in Thailand, was not – at that time or later – presented also to the Cambodian public.

The Preparations toward the Listing of the Temple of Preah Vihear

The inscription into the World Heritage List was first proposed by Prime Minister Hun Sen to the UNESCO Director General on 10 October 2001. The necessary detailed documentation was submitted on 20 January 2006. The Cambodian Nomination File was considered by the next session of the World Heritage committee, meeting from 23 June to 2 July 2007 in Christchurch/New Zealand.

Some of the detailed discussions and decisions of the World Heritage Committee may be surprising, as they are very practically oriented, according to the purpose of the World Heritage List, as described in the UNESCO World Heritage Convention. It is not about national interests, but about culture as “part of the world heritage of mankind as a whole.”

Whilst fully respecting the sovereignty of the States on whose territory the cultural and natural heritage… is situated, and without prejudice to property right provided by national legislation, the States Parties to this Convention recognize that such heritage constitutes a world heritage for whose protection it is the duty of the international community as a whole to co-operate. (Article 6.1).

The inclusion of a property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State, shall in no way prejudice the rights of the parties to the dispute. (Article 11.3).

Therefore the Draft Summary Record of the decisions from the 2007 meeting show that the concerns of the World Heritage Committee are of an eminently practical nature, as the purpose of any listings is to make the cultural heritage of the world easily accessible. The notes from the Committee show this clearly:

Having taken note of the willingness to collaborate for the safeguarding of the property of the Sacred Temple of Preah Vihear, expressed by the States Parties of Cambodia and Thailand in the framework of the meetings of the Joint Commission for Bilateral Cooperation between the Kingdom of Cambodia and the Kingdom of Thailand, Requests the State Party of Cambodia to implement, in close co-operation with the neighboring Government of Thailand, detailed arrangements for the conservation of the property, based on the principles expressed by the two States Parties at the 5th Meeting of the Joint Commission for Bilateral Cooperation between the Kingdom of Cambodia and the Kingdom of Thailand, especially in respect of:

a) Joint management;
b) The continued open border;
c) Mine clearance;
d) Protection of the natural forest areas surrounding the property, especially of small areas where burning has been recently observed on the Cambodian territory.

The formal decision from 2007 states not details, but simply the procedure to be followed:


The State Party of Cambodia and the State Party of Thailand are in full agreement that the Sacred Site of the Temple of Preah Vihear has Outstanding Universal Value and must be inscribed on the World Heritage List as soon as possible.
Accordingly, Cambodia and Thailand agree that Cambodia will propose the site for formal inscription on the World Heritage List at the 32nd session of the World Heritage Committee in 2008 with the active support of Thailand…
The World Heritage Committee, further requests the State Party of Cambodia to submit a progress report to the World Heritage Center, by 1 February 2008.

As a result of the understanding achieved at the 2007 meeting, preparations for 2008 started, marked by a number of joint Cambodian-Thai agreements and declarations. They are all quoted in the very large 2008 Submission Document:





THE TEMPLE OF PREAH VIHEAR
Proposed for the inscription on the World Heritage List (UNESCO)

Edited by the Council of Ministers

PHNOM PENH
JUNE 2008

This document, presented to the public in the name of the Council of Ministers, in English (later, before the World Heritage Committee Meeting, it was also made available in Arab, French, and Spanish), presents the positive common experiences on the way to the listing of the Temple of Preah Vihear, saying:

In a spirit of friendship, neighborliness and mutual understanding between the two countries, the Royal Government of Cambodia and the Government of the Kingdom of Thailand have been working together in recent months to strengthen dialogue and consultation in a number of areas of mutual interests. These fruitful developments focus in particular on inscribing the TEMPLE OF PREAH VIHEAR on the World Heritage List in 2008. Thailand has confirmed its decision, as expressed at the 31st Session of the World Heritage Committee held in Christchurch (New Zealand, 23 June to 2 July 2007), to support the inscription of the Sacred Site of the Temple of Preah Vihear.

These confirmations were made:

1

Firstly, by the Prime Minister of the Kingdom of Thailand, His Excellency Mr. Samak Sundaravej, on the occasion of his visit to Phnom Penh on 3 and 4 March 2008 at the invitation of His Excellency Samdech Akka Moha Sena Padei Techo HUN Sen, Prime Minister of the Kingdom of Cambodia

2

On 6 May 2008 His Excellency Mr. SOK An, Deputy Prime Minister, Minister in charge of the Office of the Council of Ministers of the Kingdom of Cambodia, welcomed his Excellency Mr. Virasakdi Futrakul, Permanent Secretary of the Foreign Ministry of Foreign Affairs of the Kingdom of Thailand accompanied by a Thai delegation during their visit to Phnom Penh. The Kingdom of Cambodia strongly stresses that the inscription of the Temple of Preah Vihear is without prejudice to the demarcation work of the Cambodian-Thai Joint Commission on Demarcation for Land Boundary (JBC) between Cambodia and Thailand; and the zoning (“Zonage” in French) stipulated in the document submitted by Cambodia to UNESCO shall not be considered as boundary line.

3

And finally, during a meeting in Paris (France) on 22 May 2008 between a Cambodian delegation led by His Excellency Mr. SOK An, Deputy Prime Minister, Minister in charge of the Office of the Council of Ministers and a Thai Delegation led by His Excellency Mr. Noppadon Pattama, Minister of Foreign Affairs of the Government of the Kingdom of Thailand in the presence of a number of UNESCO eminent members, led by Her Excellency the Deputy Director General of UNESCO for Culture, Mrs. Françoise RIVIERE. The Kingdom of Thailand reconfirmed its support Heritage Committee to be held in Quebec, Canada in July 2008. For it part, the Kingdom of Cambodia, in a spirit of goodwill and conciliation, accepted to inscribe the Temple of Preah Vihear on the List of the World Heritage, at this stage, without a buffer zone on the north and west of the Temple

This wording became part of the JOINT COMMUNIQUE of 18 June 2008, a joint Cambodian-Thai-UNESCO declaration, the last common step towards the World Heritage Committee meeting on 8 July 2008.






JOINT COMMUNIQUE

On 22 May 2008, a meeting took place between H.E. Mr. Sok An, Deputy Prime Minister, Minister in charge of the Office of the Council of Ministers of the Kingdom of Cambodia and H.E. Mr. Noppadon Pattama, Minister of Foreign Affairs of the Kingdom of Thailand, to continue their discussion regarding the inscription of the Temple of Preah Vihear on the World Heritage List. The meeting was held at UNESCO Headquarters in Paris in the presence of Mrs. Françoise Rivière, Assistant Director General for Culture of UNESCO, Ambassador Francesco Caruso, Mr. Azedine Beschaouch, Mrs. Paola Leoncini Bartoli and Mr. Giovanni Boccardi. The meeting was held in a spirit of friendship and cooperation. During the meeting both sides agreed as follows:


  1. The Kingdom of Thailand supports the inscription, at the 32th session of the World Heritage Committee (Quebec, Canada, July 2008), of the Temple of Preah Vihear on the World Heritage List proposed by the Kingdom of Cambodia, the perimeter of which is identified as N. 1 in the map prepared by the Cambodian authorities and herewith attached. The map also includes, identified as N.2, a buffer zone to the East and South of the Temple.
  2. In the spirit of goodwill and conciliation, the Kingdom of Cambodia accepts that the Temple of Preah Vihear be nominated for inscription on the World Heritage List without at this stage a buffer zone on the northern and western areas of the Temple.
  3. The map mentioned in paragraph 1 above shall supersede the maps concerning and including the “Schema Directeur pour le Zonage de Preah Vihear” as well as all the graphic references indicating the “core zone” and other zoning (zonage) of the Temple of Preah Vihear site in Cambodia’s nomination file;
  4. Pending the results of the work of the Joint Commission for Land Boundary (JBC) concerning the northern and western areas surrounding the Temple of Preah Vihear, which are identified as N. 3 in the map mentioned in paragraph 1 above, the management plan of these areas will be prepared in a concerted manner between the Cambodian and Thai authorities in conformity with the international conservation standards with a view to maintain the outstanding universal value of the property. Such management plan will be included in the final management plan for the Temple and its surrounding areas to be submitted to the World Heritage Center by 1st February 2010 for the consideration of the World Heritage Committee at its 34th session in 2010;
  5. The inscription of the Temple of Preah Vihear on the World Heritage List shall be without prejudice to the rights of the Kingdom of Cambodia and the Kingdom of Thailand on the demarcation works of the Joint Commission for Land Boundary (JBC) of the two countries; 6. The Kingdom of Cambodia and the Kingdom of Thailand express their profound appreciation to the Director-General of UNESCO, H.E. Mr. Koïchiro Matsuura, for his kind assistance in facilitating the process towards the inscription of the Temple of Preah Vihear on the World Heritage List.

Phnom Penh, 18 June 2008               Bangkok, 18 June 2008

For the Royal Government For the Government of the Kingdom

of Cambodia, of Thailand, (signed) (signed) Deputy Prime Minister, Minister of Foreign Affairs Minister in charge of the Office of the Council of Ministers Paris, 18 June 2008 Representative of the UNESCO (signed) Assistant Director-General for Culture



Cambodian Joint Communique Map



There had been some final problems: The Cambodian side, represented by Deputy Prime Minister Sok An and Senior Minister in Charge of Border Affairs Var Kimhong – “in the spirit of goodwill and conciliation” – negotiated and made incisive decisions (having the former Cambodian map as well as graphic references, referring to the 1962 decisions “superseded” by the new Cambodian side map presented here, declaring that Cambodia “accepts that the Temple of Preah Vihear be nominated for inscription on the World Heritage List without at this stage a buffer zone on the northern and western areas of the Temple” – all this without much discussion in the Cambodian public. On the other side, however, the Thai Minister of Foreign Affairs was instructed by the Constitutional Court of Thailand that the government would need, for such decision, the authorization by the Thai parliament.

In spite of these last minute reservations, the World Heritage Committee declared the Temple of Preah Vihear a World Heritage site. Instead of peaceful continued cooperation, confrontation and violence followed.

As far as we were able to monitor the Khmer media, the Joint Communique, and the appended map, were never published in the Cambodia press. Neither were the conditions published, which accompanied the listing of the Temple of Preah Vihear. The Decisions of the World Heritage Committee, meeting from 2 to 10 July 2008 in Quebec/Canada, state the following (excerpts):


“The World Heritage Committee,


  1. Recalling Decision 31 COM 8B.24, which recognized ‘that the Sacred Site of the Temple of Preah Vihear is of great international significance and has Outstanding Universal Value on the basis of criteria (i), (iii) and (iv), and agreed in principle that it should be inscribed on the World Heritage List’,

  1. Recognizing that the Joint Communique signed on 18 June 2008 by the representatives of the Governments of Cambodia and Thailand, as well as by UNESCO, including its draft which was erroneously referred to as having been signed on 22 and 23 May 2008 in the document WHC-08/32.COM/INF.8B1.Add.2, must be disregarded, following the decision of the Government of Thailand to suspend the effect of the Joint Communique, pursuant to the Thai Administrative Court’s interim injunction on this issue,

  1. Notes that the property proposed for inscription is reduced and comprises only the Temple of Preah Vihear and not the wider promontory with its cliffs and caves;

  1. Encourages Cambodia to collaborate with Thailand for safeguarding the value of the property, in view of the fact that peoples of the surrounding region have long treasured the Temple of Preah Vihear,…

  1. Inscribes the Temple of Preah Vihear, Cambodia, on the World Heritage List…

  1. Requests the State Party of Cambodia, in collaboration with UNESCO, to convene an international coordinating committee for the safeguarding and development of the property no later than February 2009, inviting the participation of the Government of Thailand and not more than seven other appropriate international partners, to examine general policy matters relating to the safeguarding of the Outstanding Universal Value of the property in conformity with international conservation standards;

  1. Requests the State Party of Cambodia to submit to the World Heritage Center, by 1 February 2009, the following documents:

a) a provisional map providing additional details of the inscribed property and a map delineating the buffer zone identified in the RGPP;
b) updated Nomination dossier to reflect the changes made to the perimeter of the property
c) Confirmation that the management zone for the property will include the inscribed property and buffer zone identified in the RGPP;
d) progress report on the preparation of the Management Plan.

These requirements – to convene an international coordinating committee, to cooperate with the Thai government, to provide a map delineating the buffer zone identified in the Cambodian government – were, according to our monitoring of the press in Cambodia, never published, nor any information about the content of reports submitted by the Cambodian side. Quite to the contrary, and surprisingly, a highly placed spokesperson at the Cambodian Council of Ministers, distanced himself from the results achieved by Deputy Prime Minister Sok An, claiming that “there is no buffer zone,” and ‘there is nothing to be negotiated with Thailand.”



After a year of tensions, confrontations, and occasional fighting, the World Heritage Committee, meeting in Sevilla/Spain from 22 June to 30 June 2009, could not do much more than the following; it

Requests the State Party [of Cambodia] to submit to the World Heritage Center, by 1 February 2010, a report on the progress made in the implementation of the recommendations by the Committee in its Decision 32 COM 8B.102 [2008 in Quebec/Canada], for the examination by the World Heritage Committee at its 34th session in 2010.” The decision 32 COM 8B.102 is the one which requests, as stated above, “to convene an international coordinating committee… inviting the participation of the Government of Thailand and not more than seven other appropriate international partners…

In spite of these clear requests by the World Heritage Committee for cooperation, the Thai government declared, even some days before the recent meeting in Brazil, that they had not received any invitation to cooperate, nor information about the Cambodian submission. As a result, representatives of the Thai government, up to Prime Minister Abhisit Vejjajiva, stated that Thailand could not accept a decision about a management plan, though Thailand would have had to be involved in its consideration, if previous recommendations of the World Heritage Committee would have been implemented.



On the other hand, there were various statements from the Cambodian side – quite different from the spirit of friendship and conciliation, which had been regularly invoked in former joint statements. The following is published especially because it is so different from the attitude in which Deputy Prime Minister Sok An, Minister of the Council of Ministers, had brought forward the process toward the listing of Preah Vihear in 2008. Under the date 29.6.2010, the Spokesman & Deputy Director, Office of the Council of Ministers’ Press Department, distributed an opinion text widely to many members of the media, written by Pen Ngoeun, Advisor to the Office of the Council of Ministers, member of the Advisory Board of the Press and Quick Reaction Unit (PRU) of the Office of the Council of Ministers – with the following qualifying note: “This article represents only the personal opinion of the writer, and does not reflect under any shape and form the opinion of the PRU nor that of the Office of the Council of Ministers. Considering the way of its distribution and the pubic positions of the author and of the person who distributed the text, and its timing, it seem to be worth while to quote some sections from it:



29 June 2010


OPINION
WILL THAILAND’S ENMITY TOWARDS CAMBODIA END:


Will it end one day, and soon enough, after 150 years of its happening? Cambodia had nothing to do with it.


Its source was the failure of Siam King Mong Kut and his ministers. Colonel F. Bernard, President of the French Commission for the delimitation of the French-Siamese border in virtue of the Convention of 13 February 1904 had made an observation about the Thais, which is worth remembered. He said: “the superiority of their self-esteem was the primary cause of their troubles and misfortune… He wrote in a book published in 1933, “L’Ecole des Diplomates, within the context of the Thai diplomacy during the reign of king Mong Kut of Thailand, the reign of King Ang Duong of Cambodia and the mission of M. de Montigny, the plenipotentiary of the French Emperor Napoleon III to the court of King Mong Kut. Colonel F. Bernard had mentioned as well that: “The ministers of Siam have had negotiated for a long time already with England and America; they have the intelligence and the ability of the Westerners, which obviously had made them to acquire that “superiority of their self-esteem” which is equated in recent times to “arrogance” and “condescension” which are the current state of mind of the government of Abhisit Vijjajeva, with “former terrorist” turned foreign minister Kasit Pyromya, and the malicious and machiavellic [deputy prime minister] Suthep Thaugsuban at his sides… In 1853 King Ang Duong of Cambodia wrote a letter to the French Emperor Napoleon III to express his friendship and solicit his support. The immediate consequence of which had been to stop the armies of Siam from marching at will into Cambodia to conquest and ravage the many provinces of Cambodia to the West and North, and to relieve Cambodia from paying tributes to Bangkok. Siam, now Thailand always acts like a hungry mad dog that missed a good piece of meat and had never stopped dreaming about it, since…

The arrogance, the condescension, and the obstinacy which cause the failure of King Mong Kut and his ministers from executing the annexation policy by annihilating Cambodia and her people create an endless nostalgia that Thailand had never allowed itself to wake up and liberate itself from the bad dream of the hungry mad dog. Therefore, Thailand’s territorial ambition on Cambodian territories has become its grand design to be executed by the government of Thailand if any of such a government wishes to have a reasonable life span. From then on, Thailand has learn, acquired, and mastered the art of distortion of the facts, dissemination of misinformation and disinformation, the art of accusation, of denial with arrogance, condescension and obstinacy… In 1954, not even a mere one year after Cambodia acquired full independence from France, Thai armed forces occupied the Temple of Preah Vihear, to be ordered out by the international will, the LaHaye ICJ Judgments of 15 June 1962. Finally, Thailand has made official, its territorial ambition on Cambodian territories in 2007 in Christchurch, New Zealand during the 31st session of the World Heritage Committee by presenting for the first time to such an important international gathering a map dressed up unilaterally and secretly by Thailand and thus laying claim on an area of 4.6 km sq. inside the Cambodian territory near the Temple of Preah Vihear, as an objection of various uncoordinated, confusing, illegitimate, and nonsense motives to the inscription of the Temple of Preah Vihear to the World Heritage List. Again, Thailand’s arrogance, condescension, and obstinacy were its primary troubles and misfortune. In 2008, the Temple of Preah Vihear was inscribed unanimously on the World Heritage List by the World Heritage Committee…

And again, some sections of another opinion piece, from the same origin, distributed in the same way, on 13.7.2010:

Thailand plans to oppose a management plan for the Preah Vihear temple while overlapping territory nearby remains subject to dispute, Foreign Minister Kasit Piromya says. Cambodia does not have “an overlapping territory” with Thailand. There was a claim by Thailand that uses the unilateral map in similar fashion as the Nazis (led by Hitler) and the Fascists (led by Mussolini) for the purpose sending troops to invade and occupy foreign territory.

One cannot be sure if this is an attack against Deputy Prime Minister Sok An, or whether Mr. Pen Ngoeun, though he is an Advisor to the Office of the Council of Ministers, a member of the Advisory Board of the Press and Quick Reaction Unit (PRU) of the Office of the Council of Ministers, does not know that the documents, elaborated with great care by the Deputy Prime Minister, spell out in detail the buffer zones, otherwise referred to as overlapping territories, and it was the Cambodian side, that presented a map to “supersede” the formerly used maps, relating to the 1962 decision of the International Court of Justice.

To make sure that Kasit does not bang his head too much against the wall from trying to come up with new innuendo, suggestion and speculation, here is a crude fact to chew: The Temple of Preah Vihear has been inscribed on the World Heritage List since 2008. Kasit need to pick up the WHC 32 COM 8B. 102 and read it… It is clear from a few sentences above, that Cambodia has implemented the requirements of the World Heritage Committee – WHC – and has conformed herself to the procedures set forth by the Committee. And NOT to leave the door wide open for speculation and mind twisting, Deputy permanent secretary for culture Somsuda Leyananija has the task to tell the truth, as to why… Let’s play the game, fair and square in conformity with the WHC rules and procedures.

It s reported that Cambodia had submitted a progress report to the World Heritage Secretariat, but two weeks before the meeting in Brazil, it had neither be distributed to the members of the committee, it had not been shared with Thailand – in spite of the recommendation by the World Heritage Committee that Cambodia should seek such cooperation – and its content had also not been made available to the public in Cambodia. None of the UNESCO and World Heritage Committee Press Releases, which describe in detail the many decisions taken recently in Brazil, make any reference to Preah Vihear. But the fact that the Cambodian report was forwarded again to next year’s meeting – similarly to what had been done also from 2009 to 2010 – is now reported in Cambodia as a big victory for Cambodia. Asked about his comment, the Thai prime minister said: “Please find out and read the resolution yourself.”

The official Cambodian side acted differently: within 4 hours, the Press and Quick Reaction Unit of the Council of Ministers issued two long statements on 2.8.2010, a “Summary” about the Brazil session, mainly referencing questions of the conservation of the site without reference to any past action taken by the formerly requested joint international elaboration of plans, and some hours later a “Clarification,” stressing that “it was Cambodia who has achieved immense victory,” because the World Heritage Committee:

Takes note that the World Heritage Center has the documents submitted by the State Party;
Further welcomes the steps taken by the State Party towards the establishment of an international coordinating committee for the sustainable conservation of the Temple of Preah Vihear’
Decides to consider the documents submitted by the State Party at its 35th session in 2011.

These are the officially recorded successes. The Press and Quick Reaction Unit of the Council of Ministers adds, however, some remarks about a Thai “intoxication campaign” against the Cambodian management plan, a campaign which “was a total debacle because Thailand had no substantive arguments.” The Press and Quick Reaction Unit of the Council of Ministers presented its own arguments as follows:

On the contrary, the Thai intoxication campaigns’ spending of B10 millions with the dispatch of 50 delegates in order to oppose the management plan at the site of the Cambodian Temple of Preah Vihear, was a total debacle because Thailand had no substantive arguments against the World Heritage Centre Report of the two documents submitted by Cambodia. Moreover, Thailand has failed in its efforts to have the Temple inscribed by the two countries, and has failed in its efforts to have joint management of the Temple.

The Press and Quick Reaction unit of the Office of Council of Ministers notes that the signing of the Compromise Decision 34 COM, 7B.66 by Cambodia, Thailand, and witnessed by the Chairperson for the 34th Session of the World Heritage Committee in Brazil clearly affirmed the recognition by all parties concerned of the official documents concerning the Management Plan for the conservation and sustainable development at the site of the Cambodian Temple of Preah Vihear, which had never been recognized previously.

It is obvious that the intoxication campaign by the Thai Government to lure the local and international public opinion has adversely damaged its own image and credit as an old saying which goes “If you fan the flame, you blow up the fire or As you sow, so shall you reap.”

To underline further the failure of the Thai Government, it must be stressed for the benefits of the public and international opinion that it is not like what the Thai Government claimed that it had succeeded to “postpone”the Management Plan to next year. In fact, the WHC final decision did not mention either about the terms Postpone – Defer or Delay but choose to use the wording Consider which means that the documents submitted by Cambodia, namely the Progress Report on the State of Conservation and Development of Preah Vihear and its Management Plan, were officially received by WHC and will consider it at the next session.

Much information is available – what will be the next steps? One journalist suggests that “facing reality” may be the only way out, and this includeds new open, mutual talking, again “in a spirit of friendship and cooperation, in the spirit of goodwill and conciliation”

Part of the reality is also geography.

The Temple of Preah Vihear

The Temple of Preah Vihear

This picture provides a view over the Temple of Preah Vihear: 500 meters down, to the left, is the landscape of the Cambodian Province of Preah Vihear; the temple lies at a different level, high above the plain. Until mid 2008, it was easily accessible for thousands of tourists, approaching the Temple of Preah Vihear from the Thai side, on the right of the picture, from the Khao Pra Viharn National Park.

After all, a World Heritage Site is according, to the UNESCO World Heritage concept, “part of the world heritage of mankind as a whole.”






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The Former Tuol Sleng Prison Chief Is Sentenced to Serve 35 Years in Prison – Tuesday, 27.7.2010

Posted on 28 July 2010. Filed under: Week 675 | Tags: , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 675

“Phnom Penh: The former Tuol Sleng Prison chief Kaing Kek Eav was sentenced by the trial chamber of the Khmer Rouge Tribunal to serve 35 years in prison, but this verdict was criticized in the general public, especially by victims of the Tuol Sleng prison.

“In the morning of 26 July 2010, the Extraordinary Chambers in the Courts of Cambodia [ECCC] opened a hearing to announce the verdict in Case 001, on the former Tuol Sleng Prison chief Kaing Kek Eav. About 1,000 citizens and victims of the Democratic Kampuchea regime, as well as about 100 national and international reporters, participated in the event.

“During the announcement of the verdict, after the conclusion of the procedures had been announced at 11:05, the head of the trial chamber, Judge Nel Non, ordered Duch to stand up and he announced that after considering the evidence and all considerations from all sides, the trial chamber concluded that Kaing Kek Eav is guilty according to Article 5 and 6, and the new Article 26 of the ECCC about crimes against humanity and about the mistreatment of political prisoners, including the crimes against humanity of massacre as well as slaughter, slavery, detention, torture, and one rape case, as well as other inhuman acts, and a severe abuse against the Treaties of International Humanitarian Law, signed in Geneva on 12 August 1949.

“Judge Nel Non added that, based on the reasons mentioned in the judgment, the trial chamber does not consider any culpability of the accused over the allegation of genocide which violates Article 501, 506, and 500 of the criminal code of Cambodia of 1956 that can be prosecuted at the trial chamber, following the new Article 3 of the ECCC. He stressed that to determine the appropriate punishment, the trial chamber, considering all circumstances of the case, valued the burden of each punishment, including the atrocities committed against 12,273 victims, and the trial chamber considered also that there should be a reduction of the punishment of the sentence for the accused through a prison term with a limited period rather than to sentence him to life imprisonment. The reduction of the penalty is based on the cooperation of the accused with the trial chamber, his recognition of his responsibility, and his expression of remorse; therefore, the trial chamber decided to jail Kaing Kek Eav for 35 years. However, this verdict was strongly criticized by some victims of the Democratic Kampuchea regime, while some are satisfied with it.

“Mr. Chum Mey, a victim of the Democratic Kampuchea regime who was under Duch’s control in the Tuol Sleng prison, told journalists that this tribunal has proceeded well since the start by allowing victims to visit the Tuol Sleng criminal center twice a week. But he regretted that the judges announced a verdict to sentence Duch only for 35 years in jail.

“Also a citizen from Kompong Speu, who went to watch the announcement of the verdict in the morning of 26 July 2010, said that he is satisfied with the verdict announced by the judges, because within 35 years, Duch might die in jail, as he is now already 68 years old. Other citizens who attended the event expressed also similar ideas.

“Ms. Hong Savath, 47, participating in the announcement of the verdict of Case 001 of the former Tuol Sleng prison chief Kaing Kek Eav, alias Duch, cried until she almost fainted, when she had heard the verdict announced by the judges to convict him to 35 years in prison. She said that she wanted Duch to serve the rest of his life in prison, because her parents were killed and raped in the Tuol Sleng prison during Duch’s time in office.

“The spokesperson of the ECCC, Mr. Reach Sambath, said that morning during a press conference after the pronouncement of the verdict, ‘Today, the ECCC created an important historical milestone for the Cambodian people; this is the first time that a verdict was made against a person who committed serious crimes during the Democratic Kampuchea regime, after it was overthrown on 7 January 1979.’ He added that also in 1979, a verdict had been announced, but it was different in the point that those who were considered highly responsible for serious crimes were not present to answers to the accusations, as it happened in the present hearings. Since this court was established in 2006, Cambodian people in the whole country have observed and studied the procedural proceedings applied this time.

“Mr. Reach Sambath added that at the hearing during the announcement of the verdict of Duch, in the morning of 26 July 2010, there were about 1,000 persons attending, while millions of other citizens were watching and listening to the live broadcast on all television channels and on many radio stations, sharing the information nationwide.

“A co-prosecutor of the ECCC, Ms. Chea Leang, said during the press conference that such a decision is a historic event for Cambodia. It is more than 30 years since the Khmer Rouge Regime had fallen from power and was forced to stop its violence. Nothing can eliminate the pain and misery of many citizens and their families, but the verdict represents now a trustworthy legal action toward war crimes which were committed as a policy of the Khmer Rouge.

“Ms. Chea Leang went on to say that the co-prosecutors are considering to appeal the verdict on Case 001, checking whether it is acceptable or not.

“According to the announcement of the ECCC, Kaing Kek Eav is the first person brought for sentencing at the ECCC. Kaing Kek Eav used to be deputy chief, and later on chief of the S-21 Center, a security center with the duty to interrogate and kill any persons suspected by the communist party to be enemies of the Democratic Kampuchea regime.

“It should be noted that the verdict of former Tuol Sleng Prison chief Kaing Kek Eav, called Duch, for 35 years imprisonment, starts to count from the day of his arrest on 10 May 1999. But considering the cooperation of the accused and his recognition of his acts, 5 years are reduced, so that 30 years remain. Therefore, starting from the day of his arrest, Duch has still to serve only 19 years in prison, counting from the pronouncement of the verdict on 26 July 2010. Compared with the former Phnom Penh police chief Heng Pov [convicted to about 100 years in prison], Duch received a lower punishment.” Kampuchea Thmey, Vol.9, #2311, 27.7.2010

Newspapers Appearing on the Newsstand:
Tuesday, 27 July 2010

Kampuchea Thmey, Vol.9, #2311, 27.7.2010

  • The Former Tuol Sleng Prison Chief Is Sentenced to Serve 35 Years in Prison
  • Samdech Dekchor Hun Sen Promised that Cambodia Is Open for Singaporean Investors [he said so during his visit to Singapore, extending from 25 to 27 July 2010]

Koh Santepheap, Vol.43, #7018, 27.7.2010

  • A Former Prisoner of the Tuol Sleng Prison [Mr. Chum Mey] Reacted: I Cannot Accept the Verdict Sentencing Duch [to serve 35 years in prison, but when some years are deducted because he has been in prison already in the past, he has to serve only 19 years more]
  • The European Union Granted Euro 2 Million [approx. US$2.6 million] to the Khmer Rouge Tribunal

Moneaksekar Khmer, Vol.17, #3942, 27.7.2010

  • The Verdict Is Announced to Sentence the Former Tuol Sleng Prison Chief to a 35 Years Term of Imprisonment, but There Is Still No Prison to Jail Him
  • The Yuon [Vietnamese] Authorities Continue to Ban Khmer Citizens from Doing Rice Cultivation on Khmer Territory along the Border in Takeo [while the Khmer authorities in Takeo said that Khmer farmers have the full right to do farming along the border and Vietnam has no right to stop them]

Nokor Wat, Vol.1, #14, 27.7.2010

  • Duch Can Get Out of Jail When He Is 92 Years Old
  • [The Thai Prime Minister] Abhisit Said Thailand Will Not Recognize a Cambodian Map [not mentioned which map] during a Meeting in Brazil [he said if the World Heritage Committee meeting there agrees with the Cambodian request to develop the Preah Vihear Temple region, Thailand will have its strategies in place, not disclosing details at present, against such a decision]

Phnom Penh Post [Khmer Edition], Vol.1, #223, 27.7.2010

  • Duch Is Sentenced to Get 35 Years in Jail, but He Will Serve only still 19 Years when Considering the Time He Has Served already, however Victims Are Disappointed
  • The Opposition [Sam Rainsy] Party Asked for an Intervention by [the Minister of the Council of Ministers] Mr. Sok An [to allow 1,255 families in Siem Reap to reconstruct their houses and selling stalls, after they had been banned by the Apsara Authority, claiming it was against the law of the Angkor heritage area, as this act of the authorities affects their livelihood – Leang Dai commune, Angkor Thom district]
  • The Export of Garments in the First Six Months Increased by 10% [to US$1.3 billion – according to the Ministry of Commerce]

Rasmei Kampuchea, Vol.18, #5260, 27.7.2010

  • Duch Killed 12,273 People – That Means He Serves One Day in Prison for Killing One Person
  • The Cambodian Prime Minister Called on Singaporean Businesspeople to Take Up Investment Opportunities in Cambodia

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Just Deny… or Investigate and Clarify? – Sunday, 25.7.2010

Posted on 26 July 2010. Filed under: *Editorial*, Week 674 | Tags: , , , , , , , , , , |

The Mirror, Vol. 14, No. 674

After the acting Asia Director of Human Rights Watch had presented a report Off the Streets: Arbitrary Detention and Other Abuses against Sex Workers in Cambodia to the press, and this was reported on 21.7.2010, on the following day of 22.7.2010 there was already another press report: “The Government Dismissed the Report of Human Rights Watch.”

As this 76-pages report is based, as it states, on more than 90 interviews and group discussions with sex workers in Phnom Penh, Battambang, Banteay Meanchey, and Siem Reap, one wonders how a government spokesperson could dismiss such a report on the day after its public presentation – a report that contains Testimonies from sex workers from around the country. The denial cannot be based on an investigation of the details and facts claimed to be real, with names and locations of witnesses, unless there is no respect for the persons quoted, not assuming that some of the terrible experiences they describe are correct and deserve legal clarification.

The press reported from the presentation that some of these cases were claimed to have happened: “Some members of the police abuse sex workers without ever receiving any punishment, and police punch them, beat them with rattan sticks, batons, and electric shock batons. In some cases, sex workers have been raped by police while they were in detention, and all sex workers have to pay bribes, or their money was simply stolen by police.”

The Constitution of the Kingdom of Cambodia says in Article 31:

“Every Khmer citizens shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, color, sex, language, religious belief, political tendency, birth origin, social status, wealth or other status.”

What are the implications – under the Constitution – when statements by Cambodian citizens who claim to have been victimized and abused by police, including the allegation of regular impunity, are dismissed and not taken up by agencies which should rather care for equal justice.

Human Rights Watch did not only report their observations, they also made practical proposals, as reported in the Khmer press:

“…the report of Human Rights Watch suggests the creation of a special committee to thoroughly and independently conduct investigations on violence and the extortion of money by law enforcement officials, by security guards working in the parks, and by staff or volunteers of municipal social rehabilitation centers; this committee should have representatives from the government who are capable and respectful, as well as from the Ministry of Interior, the Ministry of Social Affairs, the Department of Social Affairs, UN agencies, non-government organizations, and representatives of sex workers.”

It seems that all this has now been dismissed – and the alleged impunity may continue without being investigated? – No investigation and clarified about what was wrong, and what was true and has to be punished according to the laws of the country?

On 26.7.2010 the Extraordinary Chamber in the Courts of Cambodia – the Khmer Rouge Tribunal – will announce its first verdict, on the former head of the Tuol Sleng prison. He is the only one of the five persons facing the court who has not denied the accusations against him.

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LICADHO: Prisons in Cambodia Could Become Detention Places with the Highest Prisoner Rates in the World – Tuesday, 20.7.2010

Posted on 21 July 2010. Filed under: Week 674 | Tags: , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 674

“Phnom Penh: The Cambodian League for the Promotion and Defense of Human Rights [LICADHO] has found that prisons in Cambodia could become detention centers with the highest prisoner rates before or by 2018. Such a prediction is based on the results from the observations of 18 among the 25 prisons countrywide.

“The findings from the observations of LICADHO, released on Monday, 19 July 2010, show that there are 12,646 prisoners in 18 prisons in 13 provinces, as observed by LICADHO. In December 2009, one third of the prisoners in detention did not yet have a hearing. Some prisons do not have proper living condition for prisoners.

“Prisons in Cambodia have scarce resources, and the overcrowding of prisons leads to ever more serious conditions in the prisons.

“According to the report of LICADHO, the increase in the number of prisoners from day to day might lead to a situation where Cambodia has a prison system with the highest prisoner rates in the world before or by 2018, because in some prisons in Cambodia there are three times more prisoners compared to the designed capacity. For example, in the Takmao prison, the official capacity is only 314 prisoners, but actually, there are up to 1,042 prisoners. The M2 rehabilitation center in the Prey Sar prison in Phnom Penh, houses up to 777 women and children while the official capacity is merely 300. The Kompong Thom prison has 208 prisoners, while the official capacity is 50 prisoners only.

“The head of the investigation section of LICADHO, Mr. Oum Sam Ath, said that the major cause for the overcrowded prisons in Cambodia nowadays is that some offences should not lead to imprisonment, while now many suspects are detained temporarily before they get sentenced, affecting the judicial systems and the prisoners’ health. Also, there is overcrowding because many prisoners are jailed beyond the term of their conviction.

“Mr. Oum Sam Ath added that LICADHO recommended to the Prison Department of the Ministry of Interior to discuss this situation with the Ministry of Justice and with the court system, to solve the problem of overcrowded prisons by checking the terms of imprisonment, and by releasing prisoners facing minor accusations, like misdemeanors, on bail.

“Nevertheless, the head of the Prison Department of the Ministry of Interior, Mr. Heng Hak, said that the current number of prisoners is not the highest rate in the world.

“He went on to say, ‘At present, we are dealing with overcrowding by constructing new prisons or expanding the housing capacity of the existing prisons, such as M2 and M3, and by repairing old buildings as well as constructing new ones, like in Pursat, where we built a new prison – M4 – which can house 2,500 prisoners.’

“Mr. Heng Hak added that nowadays, the conditions for prisoners are better, as they now get a food support of Riel 2,800 [US$0.65] per day.

“Before, their food support was only Riel 1,500 [US$0.35]. The health of prisoners is better than before, as they are cared for by the government by cooperating with non-government organizations working on health issues, to check and to treat prisoners.

“It should be noted that at present, there are 25 prisons nationwide with 13,325 prisoners; LICADHO found that 90% of the prisoners are overcrowded, as these 25 prisons can house merely 8,000 prisoners.” Rasmei Kampuchea, Vol.18, #5254, 20.7.2010

Newspapers Appearing on the Newsstand:
Tuesday, 20 July 2010

Kampuchea Thmey, Vol.9, #2305, 20.7.2010

  • Samdech Hun Sen Announced to Continue a Long-Term Career in Politics
  • The Opposition Party Asked the United States of America to Guarantee [opposition party leader] Mr. Sam Rainsy’s Return [but so far, there is no response]
  • In This Year’s [lower secondary school] Grade 9 Examinations, 91.81% of the [159,724] Students Passed Which Is Comparable to Last Year

Koh Santepheap, Vol.43, #7012, 20.7.2010

  • Two Female Workers Jumped from the Second Floor of a House to Escape [from the VC Manpower Company, sending workers to Malaysia] – One Was Seriously Injury [she broke her spine], the Other One Ran Away [Phnom Penh]

Moneaksekar Khmer, Vol.17, #3936, 20.7.2010

  • The United States of America [during a visit by US Under-Secretary of State Mr. William Burns] Asked Cambodian Politicians to Think about the Freedom of Expression in Politics before They Decide to Use Court Systems to Solve Problems
  • The US Senate Created a New Law Requiring Companies Registered at the US Stock Exchange to Declare Their Payments to the Cambodian Government before Starting Oil and Gas Exploitation Later in 2012

Nokor Wat, Vol.1, #8, 20.7.2010

  • Cambodia Continues to Develop the Preah Vihear Area without Caring about Thai Warnings [Thailand claimed that the demarcation of the area between both countries have not been finished, but Cambodia claimed developments are made only on Cambodian territory]

Phnom Penh Post [Khmer Edition], Vol.1, #218, 20.7.2010

  • Those Who Attempt to Overthrow Hun Sen Using No-Democratic Means Will Receive a Response by Force [the Prime Minister warned the opposition parties for recently discussing his health condition]
  • Cambodia Angkor Air Will Buy Two Planes [Airbus 321, which cost about US$99.5 million each] to Expand Its Flights [so there will be five planes in total]
  • The Khmer Rouge Tribunal Closed Investigations of Case 002 [involving former Khmer Rouge leaders Khiev Samphan, Ieng Sary, Ieng Thirith, and Nuon Chea]

Rasmei Kampuchea, Vol.18, #5254, 20.7.2010

  • LICADHO: Prisons in Cambodia Could Become Detention Places with the Highest Prisoner Rates in the World
  • Samdech Dekchor Wants Universities to Be Established in All Provinces [to reduce the expenses of students who seek to further their education in cities]
  • The National Budget for 2011 Amounts to Riel 12,000,000,000,000 [approx. US$2,800 million, compared with 2010 when it was Riel 8,000,000,000,000 or approx. US$1,900 Million – according to the Ministry of Economy and Finance]
  • Garment Workers of Two Factories with About 2,000 Workers Strike to Demand Improved Work Conditions in 16 Points [such as an extra payment of US$10 for female workers who have delivered a baby buy milk powder, and the permission for a 90 days absentee regulation during pregnancy – Phnom Penh]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.

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Germany Is Encouraging Investments in Cambodia – Saturday, 17.7.2010

Posted on 19 July 2010. Filed under: Week 673 | Tags: , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 673

Note:

Apologies again for the delay – I am back in Phnom Penh, but I returned with a defective computer. I hope within one day to be up to date again.

Norbert Klein

“According to the German Embassy, German investments in Cambodia are small, but the Embassy is encouraging more to come while Germany is the biggest buyer of products from Cambodia among the other countries of the European Union.

“The deputy head of Mission of the German Embassy in Cambodia, Mr. Thomas Heilmaier, told Rasmei Kampuchea on 13 July 2010 that, even though Germany is a major commercial partner of Cambodia, the German Embassy wants to see a further increase in this field.

“He said, ‘The Embassy wants to see increasing commercial ties between Cambodia and Germany. I think there is potential in many sectors.’

“According to figures from a European delegation to Cambodia, among all member countries of the European Union that buy products from Cambodia, Germany is the biggest buyer. Germany receives as much as 31% of the products from Cambodia to the European Union, while the products from Germany to Cambodia are only 12% among other countries of the European Union.

“Besides Germany, other countries of the European Union buying from Cambodia are England with 29%, and Spain with 13%. Countries of the European Union exporting products to Cambodia are France with 36%, Belgium with 14%, and Italy with 11%.

“In addition to commercial ties, Mr. Thomas Heilmaier said that at present, Germany is trying to promote investment relations, though there are only a few German investors in Cambodia.

“He said, ‘In our efforts, the Embassy is maintaining good cooperation with the Chamber of Commerce of Cambodia.’

“He added that many German businesspeople and investors had visited Cambodia, but so far, many German companies still use their offices in Bangkok or in Vietnam to watch over the whole region.” Rasmei Kampuchea, Vol.18, #5252, 17.7.2010

Newspapers Appearing on the Newsstand:
Saturday, 17 July 2010

Kampuchea Thmey, Vol.9, #2303, 17.7.2010

  • The [Phnom Penh] Municipal Court Decided to Temporarily Suspend Detaining [Sam Rainsy Party parliamentarian] Mu Sochua, but Will Cut Her Salary [taking the fine and compensation for losing against Prime Minister Hun Sen’s defamation case from her salary at the National Assembly]
  • Cambodia Denied That an [anti-Thai government] Red Shirt Leader Is Hiding in Cambodia [after an accusation by Thai press The Nation]
  • The Ministry of Information Sued Khmer Amatak for Disinformation [after it published, on 5 July 2010, an article with a title “The 13th Anniversary of the Coup in July 1993 Signals that Hun Sen Has Gathered Power”]

Koh Santepheap, Vol.43, #7010, 17-18.7.2010

  • Prime Minister Hun Sen Is Completely Recovered [from swine flu and his eye problems], and He Presided over a Cabinet Meeting
  • A Gold Seller Was Fatally Shot and [Two] Robbers Took Away 370 Chi of Gold [US$538,350], US$3,000, Baht 5,000 [approx. US$150], and Riel 20 Million [approx. US$4,600 – Preah Vihear]

Moneaksekar Khmer, Vol.17, #3934, 17-18.7.2010

  • The World Inter-Parliament Meeting [held in Geneva] Concentrated on the Mistreatment of Parliamentarians by the Ruling Parties in 34 Countries [and asked the Cambodian government to stop suing opposition parliamentarian Ms. Mu Sochua]

Rasmei Kampuchea, Vol.18, #5252, 17.7.2010

  • Germany Is Encouraging Investment in Cambodia
  • So Far No Action Has Been Taken by the Authorities against the Champa Manpower Group after Its Irregularities Had Been Discovered [this company forced workers, including underage girls, to live in unhygienic conditions while receiving training before they are sent to work in Malaysia – Phnom Penh]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
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The ADB Wants Cambodia to Step Up Investments in Agriculture – Monday, 12.7.2010

Posted on 14 July 2010. Filed under: Week 673 | Tags: , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 673

Note:

Sorry for the new delays – computer problems.

I hope to be back in Phnom Penh by the coming weekend.

Norbert Klein

“Phnom Penh: The president of the Asian Development Bank, Mr. Kuroda Haruhiko [ADB総裁黒田東彦], stated during a food safety forum in Manila in the Philippines on 7 July 2010, that with the signs of economic recovery in Asia, the area has to achieve regional food security, where also Cambodia has to step up investments in agriculture.

“The Asian Development Bank stated on 8 July 2010 that it wants the Cambodian government to find more investors in agriculture, while the economy in Asia is recovering from the global economic crisis. Therefore, investments in agriculture must be stepped up in order to protect poor people from the bad impacts of rising food prices.

“The president of the Asian Development Bank, Mr. Kuroda Haruhiko, said that to achieve regional, national, and family food security are long term challenges for Asia, even though the economy is getting better at present. In 2008, the food crisis was taken by the Asian Development Bank as an example of a difficult experience. Mr. Kuroda added that in mid 2008, food prices around the world increased to the highest rate in 30 years, and many people among the poor in Cambodia had difficulties in managing their money to buy their daily food.

“The intention of the Asian Development Bank is in line with strategies of the Ministry of Agriculture, Forestry, and Fisheries and especially also of the Royal Government of Cambodia as a whole, as Cambodia is trying to recover from the economic crisis and is heading toward success. Cambodia is accomplishing development in agriculture and is strengthening strategic plans in this field countrywide, since Cambodia is a country that depends mainly on agriculture; many national and international investors are cooperating with the Royal Government of Cambodia to serve agriculture.” Kampuchea Thmey, Vol.9, #2298, 11-12.7.2010

Newspapers Appearing on the Newsstand:
Monday, 12 July 2010

Kampuchea Thmey, Vol.9, #2298, 11-12.7.2010

  • The ADB Wants Cambodia to Step Up Investments in Agriculture
  • Nine Stone Grinding Machines Used for Exploring Gold Were Intercepted and Six People Were Arrested [all Vietnamese – they had established the sites illegally – Ratanakiri]

Koh Santepheap, Vol.43, #7005, 12.7.2010

  • The Phnom Penh Municipal Court Issued a Verdict, Ordering a Gunman to Come to the Court to Receive His Punishment [while drunk, the gunman, a police official of the Ministry of Interior, drew his pistol and fatally shot a man in Russey Keo district, Phnom Penh]
  • The Phnom Penh Municipality Did Not Permit Marching [by the Cambodian Confederation Union on 15 July 2010] to Mark the Second Anniversary of the Siamese [Thai] Invasion in the Regions of the Preah Vihear Temple of Cambodia
  • More Than 100 Tuol Kork Market Vendors Protested against the Increase of Stall Prices [Phnom Penh]

Moneaksekar Khmer, Vol.17, #3929, 12.7.2010

  • The Cambodia Representative of the Office of the UN High Commissioner for Human Rights [Mr. Christophe Peschoux], Who Has Been Warned [by the Cambodian government] He Might Be Expelled, Plans to Write an Explanation of the Legal Issues and the International Obligations of Cambodia [recently, he criticized that the deportation of two Thais over a bomb attack accusation in Bangkok was a ‘political decisions’ which lacked appropriate procedure]
  • More Than 10,000 Khmer Workers [among 4,000] Can Have the Opportunity to Work Legally in Siam [Thailand] after a Campaign to Clear Illegal Workers [by the Thai authorities; the Khmer Embassy is providing forms for clarifying their nationality so that they can continue to work in Thailand]

Rasmei Kampuchea, Vol.18, #5247, 11-12.7.2010

  • The Head Monk of a Pagoda Took Off His Robe to Commit a Robbery – He Was Arrested with Three Other Members [Kompong Chhnang]
  • Twenty Two Reservoirs and a 19 Kilometers Long Canal [in the area of the Tonle Sap lake] Have Been Completely Filled in and Destroyed [there are 249 reservoirs in total; those reservoirs can affect bio-diversity and the eco-system of the Tonle Sap lake]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
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Borders Link and Borders Separate – Sunday, 4.7.2010

Posted on 7 July 2010. Filed under: *Editorial*, Week 671 | Tags: , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 671

The Mirror carries regularly reports about incidents considered to be border violations, but much more frequently information about smuggling. Some people are caught and sent to court; the border with Thailand has been beyond regular control, so that finally an attempt had to be made that even a large number of illegal border crossings had to be brought under control, as The Mirror had reported on 10 June 2010, from which we quote again:

Illegal border entries closed in crackdown

Between 30 and 40 illegal border crossings in Banteay Meanchey province have been closed in an attempt to curb the smuggling of pigs, gas, petrol, fruits and expired perishable foods from Thailand to Cambodia, provincial officials said Wednesday.

“We have closed more than 30 illegal border crossing points along the border with Thailand to stop smuggling, and this closure is forever,” Banteay Meanchey deputy governor Im Phoansophal said…

He declined to provide any figures supporting this claim, though he accused local businessmen of resorting to smuggling in order to evade taxes.

“Businessmen have always used these illegal crossing points to smuggle their goods. They prefer to do things this way because they don’t want to pay tax on items, and they think it will cost less to just bribe local officials,” he said.

Obviously, these 30 to 40 border crossings had been used regularly and formally – though illegally – for some time, before there was an effort made to put this chaotic situation to an end. This surely does not mean that there is no illegal border crossing going on any longer at the Cambodian-Thai border, which extends for about 800 kilometers, for long stretches through forested areas.

When a Thai newspaper published a report, saying that Thai anti-government activists, suspected of having been involved in the bombing of a building in Thailand during the recent violent confrontations in Bangkok, had entered Cambodia, Cambodian government officials quickly denied this and accused the Thai government and the Thai media of making false accusations against Cambodia.

The Phnom Penh Post reported on 29 and 30 June 2010:

In a statement issued Monday, the Press and Quick Reaction Unit at the Council of Ministers said there was no evidence the men had entered Cambodia. The statement also called on the Thai government to end what it described as a “malicious campaign to fault Cambodia…”

Foreign Ministry spokesman Koy Kuong said Monday that the allegations were “stupid.”

“Cambodia completely denies this kind of provocative information,” he said…

In addition to arguing that there was no evidence that the two fugitives were in Cambodia, the Council of Ministers statement called on the Thai government to end its “malicious campaign to fault Cambodia,” and accused it of “fanning acts of provocation against the Kingdom of Cambodia.” …

But Koy Kuong, spokesman for the Cambodian Ministry of Foreign Affairs,… also said the names of the two fugitives cited in the report on Monday – Warisaya and Kobchai – had not appeared on registration lists at the border.

“The border always registers people when they cross the border, and the two names mentioned as suspects were not on that list,” he said. “They raise incorrect information. When Thailand has problems, they blame Cambodia.”

“If Thailand denies that they have accused Cambodia, then they should make corrections in all their media that have published such false information,” he said.

“I think this is a play from the Thai government officials, who speak out without taking responsibility for their comments.”

These official and massive Cambodian denials – assuming that nobody could have crossed the border without having their names registered in an official border crossing list – were combined with accusations against the Thai government and media, requesting “they should make corrections in all their media that have published such false information.”

This war of words was accompanied by the forwarding of a document by the Spokesman and Deputy Director for Press Department of the Office of the Council of Ministers, the Press and Quick Reaction Unit – a document written by Pen Ngoeun, an Advisor to the Office of the Council of Ministers and member of the Advisory Board of the Press and Quick Reaction Unit of the Office of the Council of Ministers, representing “only the personal opinion of the writer, and does not reflect under any shape and form the opinion of the Press and Quick Reaction Unit nor that of the Office of the Council of Ministers.” In spite of this disclaimer, it is interesting that this long document was widely published at this time and with this background, asking: WILL THAILAND’S ENMITY TOWARDS CAMBODIA END.

This long document is accusing that Thailand, since 150 years, has taken a negative attitude against Cambodia. “This writing is not a piece about history, but as far back as the eyes can see, the Kingdom of Thailand has kept its enmity towards Cambodia,” which is similar to “the current state of mind of the government of Abhisit Vijjajeva, with ‘former terrorist’ turned foreign minister Kasit Pyromya, and the malicious and machiavellic [deputy prime minister] Suthep Thaugsuban at his sides…” This negative attitude was also the cause which made Cambodia to entrust its destiny to French colonial rule. “Thailand always acts like a hungry mad dog that missed a good piece of meat and had never stopped dreaming about it, since.”

“Finally, Thailand has made official, its territorial ambition on Cambodian territories in 2007 in Christchurch, New Zealand during the 31st session of the World Heritage Committee by presenting for the first time to such an important international gathering a map dressed up unilaterally and secretly by Thailand and thus laying claim on an area of 4.6 km sq. inside the Cambodian territory near the Temple of Preah Vihear, as an objection of various uncoordinated, confusing, illegitimate, and nonsense motives to the inscription of the Temple of Preah Vihear to the World Heritage List.

Would Thailand wake up from the bad dream of a hungry mad dog? It had to be decided by Thailand. It had nothing to do with Cambodia.”

It is appropriate to say that not only persons in positions of political leadership will have to find ways to help to establish good neighborly relations. This will also be necessary in Cambodia, not only by using a different type of language, but also by seeing some facts, not published in Cambodia and therefore hardly seen, and therefore also not considered in Cambodia.

What this Advisor to the Office of the Council of Ministers and member of the Advisory Board of the Press and Quick Reaction Unit of the Office of the Council of Ministers calls “various uncoordinated, confusing, illegitimate, and nonsense motives to the inscription of the Temple of Preah Vihear to the World Heritage List” related to the contested 4.6 square kilometers around the Temple of Preah Vihear, is described with quite different words in a document, based on a meeting at the headquarters of UNESCO in Paris, signed by Deputy Prime Minister Sok An on 18 June 2008, inscribing the Temple “without at this stage a buffer zone on the northern and western areas of the Temple” – “without prejudice to the rights of the Kingdom of Cambodia and the Kingdom of Thailand on the demarcation works of the Joint Commission for Land Boundary.” The related map, superseding the maps formerly presented in Cambodia’s nomination file, signed by the chairperson of the Border Committee of Cambodia Var Kim Hong at the same time, is here:

Cambodian map around Preah Vihear Temple

Cambodian map around Preah Vihear Temple

Joint Communique

The meeting was held in a spirit of friendship and cooperation.

During the meeting both sides agreed as follows:

  1. The Kingdom of Thailand supports the inscription, at the 32th session of the World Heritage Committee (Québec, Canada, July 2008), of the Temple of Preah Vihear on the World Heritage List proposed by the Kingdom of Cambodia, the perimeter of which is identified as N. 1 in the map prepared by the Cambodian authorities and herewith attached. The map also includes, identified as N.2, a buffer zone to the East and South of the Temple.
  2. In the spirit of goodwill and conciliation, the Kingdom of Cambodia accepts that the Temple of Preah Vihear be nominated for inscription on the World Heritage List without at this stage a buffer zone on the northern and western areas of the Temple.
  3. The map mentioned in paragraph 1 above shall supersede the maps concerning and including the “Schéma Directeur pour le Zonage de Preah Vihear” as well as all the graphic references indicating the “core zone” and other zoning (zonage) of the Temple of Preah Vihear site in Cambodia’s nomination file;
  4. Pending the results of the work of the Joint Commission for Land Boundary (JBC) concerning the northern and western areas surrounding the Temple of Preah Vihear, which are identified as N. 3 in the map mentioned in paragraph 1 above, the management plan of these areas will be prepared in a concerted manner between the Cambodian and Thai authorities in conformity with the international conservation standards with a view to maintain the outstanding universal value of the property. Such management plan will be included in the final management plan for the Temple and its surrounding areas to be submitted to the World Heritage Centre by 1st February 2010 for the consideration of the World Heritage Committee at its 34th session in 2010;
  5. The inscription of the Temple of Preah Vihear on the World Heritage List shall be without prejudice to the rights of the Kingdom of Cambodia and the Kingdom of Thailand on the demarcation works of the Joint Commission for Land Boundary (JBC) of the two countries…

Finally, after, and in spite of all the strong denials and accusations, the two Thai bombing suspects, Kobchai Boonplod and Varisareeya Boonsom, were arrested in Cambodia and handed over to Thai authorities.

We recall:

“If Thailand denies that they have accused Cambodia, then they should make corrections in all their media that have published such false information.”

“I think this is a play from the Thai government officials, who speak out without taking responsibility for their comments.”

Will this now – with reversed roles – be considered and implemented in Cambodia?

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