Perception and Reality – Again – Sunday, 18.1.2009

Posted on 19 January 2009. Filed under: *Editorial*, Week 595 | Tags: allegations, angkor metal corporation, badawi, cambodia, codein, confidence, constitution, copper, corruption, defenders, documentation, drugs, eviction, example, extra payments, fees, financial contracts, harmony, hospital, hr, human rights, human rights watch, impunity, indochina mining, intimidation, japan, judges, judgment, kickbacks, kr tribunal, kuwait, land rights. military police, loans, malaysia, mining, natural resources, peace, perception, phi mining, preah vihear, prison, reality, violence |

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The Mirror, Vol. 13, No. 595

In the Mirror, we have taken up the public importance of perceptions several times over the years.

Actually, we had raised this question at the beginning of the publication of The Mirror on the Internet in January 2007, with reference to Prime Minister Dato Seri Abdullah bin Haji Ahmad Badawi of Malaysia under the tile “Perception and Reality.” At his inauguration, he had pointed to the important role of perceptions held by the public – which may or may not conform to reality, but are nevertheless extremely important for the political situation of a country.

And Dato Seri Syed Hamid Albar, as Minister of Foreign Affairs of Malaysia, took up the concern for the role of perceptions, saying that “negative developments do not contribute to creating a climate of confidence in the world, which is vitally necessary for all of us, regardless of different faiths and beliefs, to live in peace and harmony.”

Not only the reality is important – but how it is understood and interpreted what is heard and seen – this too is extremely important. Some good things may be misunderstood as if they were bad. But if many things heard and seen result in negative perceptions, it can have deeply devastating consequences for a seemingly well functioning society.

This week, we list up some reports – really not knowing how the public can help to clarify what is confused, to avoid moving further down into the dark.

The international Human Rights Organization Human Rights Watch had, in its 2009 report covering the situation of many countries, also criticized Cambodia.

Human Rights Watch does not report only about notoriously criticized countries like Myanmar, but it deals also with the human rights situation – to name some more countries – in France, Germany, Italy, the Netherlands, Russia, Spain, the United Kingdom, and in the United States of America. Many of these countries take problems raised very seriously.

The brief Cambodia section of the Events of 2008 is followed by about 20 additional, detailed background documents

The content of all this is – unfortunately – not new: criticism of the criminal justice system, cases of intimidation, violence, imprisonments. Endemic impunity, rampant corruption, and illegal plundering of natural resources. And: Cambodia is due to be reviewed under the Universal Periodic Review mechanism of the UN Human Rights Commission in December 2009.

Most cases had been reported in the Khmer press during the year, quite a number also we had mirrored.

The official Cambodian reaction was reported in the Cambodia Daily as follows:

“Om Yentieng, head of the government’s human rights committee, dismissed the report’s findings, saying Human Rights Watch was defaming the country with lies and, in the process, making themselves foolish.

‘I refuse all of the accusations,’ he said, ‘they are just trying to make up things, or they just want to spoil heir name. They are playing the role as a puppet in order to gain an advantage for themselves.’”

(Cambodia Daily, 16 January 2009)

As an illustration of the gap between this perception and the reality we point to some reports mirrored during the past week – small and big events:

When people need public certifications or documentation, there are often no publicly displayed fees, saying transparently what is to be paid – “The price of a certificate, to get employment, to register the place of residence, or to get married is US$5.00, but the price goes up with its urgency – US$5.00 for one month – US$45.00 for 15 days, US$100.00 for one week, and US$150.00 for one day.” Similar arrangements may be in place in other countries too. But the report claims what is said to be general knowledge: “…these extra charges do not go to the Ministry of Economy and Finance.”

When a family had lost their new born son in a hospital formerly supported by Japan, the following financial dealings were reported. They had been going on for some time, but nobody had dared to speak up. – “There are notices written on the walls of the Japanese hospital with big Khmer letters on blue background, saying please do not pay anything to the staff, but only to the cashiers. Patients who are not able to pay for the services are invited to contact a monitoring group, and if someone asks for money in addition to the prescribed fees, they should be reported to the monitoring group. The service charges are approx. US$3.50 for a woman delivering her first baby; the normal room charge is approx. US$2.50 per night. – However, everything is different from the above prohibition notice. Each patient pays extra money in addition to the services, such as approx. US$10.00 to US$30.00 for doctors, approx. USUS$2.50 to each medical staff who injects three syringes three times per day etc. A woman said that, when the head of her baby appeared half way, first the doctors asked her how much money she would offer them. That woman offered them approx. US$12.00, but the doctors demanded more. Because she begged that that was all the money she had, they agreed. This is an incredible story, but that was what that woman said herself. Another woman staying in the next bed offered the doctors US$5.00, but only when they arrived at the sum of US$30.00 they agreed.”

When defense lawyers at the Khmer Rouge Tribunal were unable to get information about alleged kickbacks of Khmer staff – to higher level persons, for having received their positions – which would have satisfied them that there will be no unfairness in the trials, they finally filed a request for clarification of these corruption allegation at the Phnom Penh court. Now they feel intimidated by judges who prepare to sue them for defamation – instead of being grateful that the allegations could be refuted by a court forever.

When a delegation from the Senate and from human rights groups tried to inspect and to check forest sites allegedly cleared for planting rubber trees in Ratanakiri, the DM Group, the company under suspicion, prevented them from fulfilling their task.

When a Danish Woman had bought several thousand over-the-counter painkiller tablets with codeine, that can be easily and legally bought at many pharmacies all over Phnom Penh, and she tried to mail them at the Post Office – they are cheap here, and she hoped to sell them abroad to make some small extra money to support her son – she was arrested. Now she was convicted to serve 15 years in prison and fined approx. US$7,500 for drug trafficking. None of the press report said anything about any involvement with illegal substances.

When 234 families felt threatened as owners of their land by the Heng Development Company, they were satisfied that the Kandal provincial court had confirmed their land rights on 26 February 2007. But now the company deployed machinery and started to clear their land. When the legal owners protested, the company told them that the Kandal court had made a wrong judgment. The Military Police in Kandal Stung, led by their commander – a nephew of the director of the Heng Development Company – deployed 20 to 30 armed military police who opened fire with their AK-47 rifles – at least three men were seriously injured.

When it was reported that the US company PHI Mining had bought the Indochina Mining Corporation, now a subsidiary of PHI Mining, and that it now cooperates with the Cambodian company Angkor Metal Corporation, it was not big news. But maybe it had been big news before, and we had missed to see it – or it should have been big news. As we have mirrored yesterday, his cooperation relates to Cambodian natural resources , where the initial valuation of this copper ore area is estimated at USUS$1 billion. And we also mirrored yesterday that the Angkor Metal Corporation does not disclose much about itself in the way other companies do, though the US partner company writes that the “Founders of Angkor Metal Corporation include a son and a son-in-law of Mr. Hun Sen, Prime Minister of Cambodia, thus ensuring political support to acquire and extend mining license.”

The Constitution of Cambodia says:

The National Assembly shall approve the national budget, State planning, loans, financial contracts, and the creation, modification and annulment of tax. (Article 90)

We do not have information about any public bidding for the financial contract for national mineral resources, which the Angkor Metal Corporation finally got, neither do we have information on the status of the National Assembly approval procedures for the project and loan agreements – in the range of US$500 million – which are, according to the Ministry of Foreign Affairs, already signed by Cambodia and by Kuwait.

As stated initially, in public politics the perception of what is going on is often more important for the public democratic process than the reality – so we raised all the issues above – all based on information which was either in Cambodian newspapers, or which is available publicly on the Internet. Prime Minister Badawi had accepted, therefore, the need for self-criticism in searching for the reasons for such perceptions. But at the same time he considered it necessary to engage in identifying what he saw as “wanton violations of human dignity, natural justice, human rights and international law.”

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