Investments on Islands in the Cambodian Sea Are Full of Secrets and Corruption as They Are Not Put Up for Public Bidding – Friday, 13.8.2010

Posted on 14 August 2010. Filed under: Week 677 | Tags: , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 677

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

“A Sam Rainsy Party parliamentarian, Mr. Son Chhay, said that it is illegal that the government delivered these islands to private companies, and the income from these investments is not inserted into the national budget. The investment or concession arrangements for those islands are confidential and corrupt. Mr. Son Chhay, said, ‘Where will the income from the islands be taken? As a parliamentarian, we have to observe and monitor the national income, after the government had issued sub-decrees to hand those islands over to companies, but we have not seen any documents about the amount of income from these leasings and concessions.’

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

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

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

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

“Nevertheless, non-government officials watching the environment in Cambodia noticed that some companies taking charge of island developments do not study the effects on the environment. Like on Puos Island, while there is yet no result from the developments by a Russian company, there is mysterious information and it might be related to corruption. Obviously, the Puos Island development plan has not been provided any benefit to the nation, besides environmental deterioration and impacts on the living conditions of citizens who used to do fishing near the island.

“According to expert officials, there are about 40 islands in the Khmer sea with investment potential where some have already been developed, while some others are being developed by companies such as Rong Island, P’Oun Island, Bang Island, and Puos Island. Recently, the Cambodian government provided licenses to private companies to invest on four more islands in Koh Kong, such as Sameth, Putsa, Chhan, and Toteung islands. Among those companies, there are also Yuon [Vietnamese] companies, and the development periods are up to 90 years. This might lead of the loss of Cambodian territory, as the Cambodian government does not present investment contract documents for those companies.

“A non-government organization official in Kampot said that some years ago, a Yuon company, Try Pheap, developed Tonsay Island in Kep and evicted the Khmer citizens living there from that island. At present, that Yuon company has not continued its developments. After it obtained the license, it stopped its activities. Such a problem emerged, as previously the government did not conduct public biddings and did not set clear conditions publicly before offering a license to that private company. Therefore, from now on, the government must conduct public biddings before providing licenses to companies to develop and operate on islands in the Cambodian sea, in order to avoid secret and strongly corrupt practices as in the past.” Moneaksekar Khmer, Vol.17, #3957, 13.8.2010

Newspapers Appearing on the Newsstand:
Friday, 13August 2010

Kampuchea Thmey, Vol.9, #2326, 13.8.2010

  • The Head of the Government [Prime Minister Hun Sen] Called for Participation [from all relevant institutions and authorities] to Save the Tonle Sap Lake That Is Suffering Various Dangers
  • The CamActive Company Was Checked [following a complaint from the Monument Books and The United Knowledge companies that have legal contracts with the Cambodian authorities with exclusive rights to import and distribute English books from the Oxford University Press – according to the police of the Ministry of the Interior], and [6,465 English] Books of the Oxford University Press Imported Illegally Were Seized [Phnom Penh]

Koh Santepheap, Vol.43, #7033, 13.8.2010

  • Hundreds of Pieces of Ebony Wood Were Found Hidden in a Site in Ang Snuol District [nobody responsible for the site has been arrested – Kratie]

Moneaksekar Khmer, Vol.17, #3957, 13.8.2010

  • Investments on Islands in the Cambodian Sea Is Full of Secrets and Corruption as They Are Not Put UP for Public Bidding

Nokor Wat, Vol.1, #29, 13.8.2010

  • [The Opposition party president] Mr. Sam Rainsy Welcomed to Find Border Solutions [by the government that intends to bring the Cambodian-Thai border issues to the UN Security Council]
  • 100 Years Ago Misery for Korean People Started [resulting from the invasion by Japan] – It Has Just Received an Apology from Japan [through the Japanese Prime Minister]

Phnom Penh Post [Khmer Edition], Vol.1, #236, 13.8.2010

  • Taiwan Reacts against a Comment of Mr. Hun Sen [who recently stated Cambodian adherence to the One-China Policy, stating that Taiwan is just a province of China; Taiwan claims that it is an independent state]
  • The Government Will Raise Border Issues [with Thailand] when the UN Secretary General Comes to Cambodia [in October 2010 – according to the Prime Minister Hun Sen – a plan for such a visit has not been confirmed by the UN offices in Cambodia]

Rasmei Kampuchea, Vol.18, #5275, 13.8.2010

  • Samdech Hun Sen Asked Thailand Not to Be Afraid of the International Organizations [like ASEAN, UN, UN special representatives, or any dignitaries like the Indonesian president – if they participate in the negotiations with Cambodia and Thailand over border issues] China Will Provide US$8 Million to Construct a Road to the Preah Vihear Temple]
  • More Than 300 Hectares of Rubber Plantation Were Expropriated from the Tai Seng Company to Be Delivered to the Samaki Group [temporarily, who had controlled it since 1980s – Ratanakiri]
  • The United States of America Praised the Mine Clearance Skills of Cambodian Troops [based on the achievements of Cambodian deminers sent to Sudan under the framework of the United Nations]

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 – Prime Minister Hun Sen’s Solution: “Dialogue, No Winning or Losing” – Sunday, 8.8.2010

Posted on 8 August 2010. Filed under: *Editorial*, Week 676 | Tags: , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 676

When The Mirror presented, as last Sunday’s issue, a series of quotes and excerpts from publicly available documents it was done with the hope that some quick negative conclusions – not based on available texts, either disregarding, or even contradicting them – can be avoided.

Some steps in time are clear and not contested, especially the 1962 decision of the International Court of Justice in The Hague, stating that it …FINDS THAT THE TEMPLE OF PREAH VIHEAR IS SITUATED IN TERRITORY UNDER THE SOVEREIGNTY OF CAMBODIA.

Some other steps on the way are less well known widely, while they were also called into memory, for example some principles on which the World Heritage List is operated, 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.” The convention makes it clear that decisions about cultural world heritage do not make any judgment on the sovereignty and territory of States:

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).

The UNESCO World Heritage Convention is concerned about World Heritage Sites, “part of the world heritage of mankind as a whole,” not about the solution of border problems.

There are rules and decisions of the World Heritage Committee, and there are declarations on the way to the decision of 2008 when the Temple of Preah Vihear was listed as a World Heritage Site, together with decisions how to elaborate its management. Though a management plan, prepared by the Cambodian side, is to be discussed only by the next meeting of the World Heritage Committee in 2011, statements by Prime Minister Hun Sen, quoted in the Cambodia Daily on 5 August 2010, cleared the way into the future:


“Mr. Hun Sen said yesterday that dialogue was the way forward for the two countries. ‘We will use dialogue to solve the rest of the problem,’ he said. ‘I don’t want winning or losing – it is better that we have the win together in solving the problem.’”

Actually, there are two separate – but related – problems:

One problem is concerned with the management plan for Preah Vihear requested by the World Heritage Committee with its 2008 decision to list the Temple of Preah Vihear, where it:

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;
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,..
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…

The other problem is related to the demarcation of the Cambodian-Thai border, for which both countries signed a Memorandum of Understanding in 2000. The Thai Prime Minister Abhisit Vejjajiva was quoted on 8 August 2010, to have said that “Thailand has no intention of revoking the border Memorandum of Understanding (MoU) with Cambodia inked in 2000” – he said so in response to a “demonstration in the [Thai] capital yesterday demanding the Thai government to cancel the Memorandum of Understanding.” The same report says that “under the Memorandum of Understanding, Cambodia and Thailand need to consult each other if they want to carry out any activities in the disputed 4.6 sq km territory claimed by both countries near the Preah Vihear Temple.” It is not clear whether this Memorandum was published in the media in Cambodia – only the fact of its existence, not its content, has been referenced regularly in the press.

That these border problems also need to be addressed, was obviously agreed by both sides, as it is stated in the large Cambodian 2008 Submission Document, separating the two issues: the World Heritage inscription – and the border problems:

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.

The Kingdom of Thailand reconfirmed its support of the 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

The proposals of Prime Minister Hun Sen, who has also in other situations worked successful for win-win results, solving complex problems, provide a clear way towards a solution for both problem, based on the existing common agreements.

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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 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]

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Cambodia Warned UN Officials Not to Interfere in Cambodian Affairs – Friday, 9.7.2010

Posted on 10 July 2010. Filed under: Week 672 | Tags: , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 672

“The Ministry of Foreign Affairs of Cambodia accused the director of the Office of the High Commissioner for Human Rights in Cambodia, Mr. Christophe Peschoux, claiming that he acted beyond his role when he criticized the deportation of two Thai red-shirt activists on Monday 5 July 2010, and the Ministry warned that such comment from him might make the government reconsider his presence in Cambodia.

“On Wednesday, 7 July 2010, the director of the Office of the High Commissioner for Human Rights in Cambodia, Mr. Christophe Peschoux, spoke to local media, saying that the deportation of the two Thais are ‘political decisions’ which lack appropriate procedure.

“In a letter dated 8 July 2010, the Ministry reminded Mr. Peschoux that he has no right to make such a criticism, as it relates to decisions within the exclusive right of the Cambodian government. The letter ends with the following remark, ‘Any such activities in future will make the Royal Government of Cambodia to decide over his presence in Cambodia.’

“This letter is similar to one sent in March to the United Nations Resident Coordinator, Mr. Douglas Broderick, which had warned to expell him from Cambodia for criticizing the process taken by the government for the adoption of the anti-corruption law.

“The spokesperson of the Ministry of Foreign Affairs, Mr. Koy Kuong, said on 8 July 2010 that the letter was sent to Mr. Peschoux to alert him to respect a memorandum of understanding, signed on 1 January 2010 with the government. He added, ‘It does not mean that we want to expell him, but we just want to alert him.’

“Mr. Peschoux could not be reached for comment on 8 July 2010.” Phnom Penh Post [Khmer Edition], Vol.1, #211, 9.7.2010

Newspapers Appearing on the Newsstand:
Friday, 9 July 2010

Kampuchea Thmey, Vol.9, #2296, 9.7.2010

  • Workers Will Receive a Minimum Salary of US$61 per Month from 1 October 2010 [before that, the minimum salary is US$50; the president of the Cambodian Free Trade Union of Workers, Mr. Chea Mony, announced a plan to strike on 13, 14, and 15 July 2010 to demand an increase of the minimum salary to US$70]
  • Because of Jealousy, a Man Killed His Wife by Cutting Her Throat [he was arrested – Pursat]

Koh Santepheap, Vol.43, #7003, 9.7.2010

  • Cambodia Is Open for Equity Ownership by Foreign Investments [according to the World Bank, Cambodia will allow foreign investors to take up to 100% of ownership in all sectors, except for electricity and the ports]

Moneaksekar Khmer, Vol.17, #3927, 9.7.2010

  • [Sam Rainsy Party parliamentarian] Mu Sochua Plans to Hold a Press Conference [about the courts and justice in Cambodia on 15 July 2010] a Day Ahead of the Deadline to Pay a Fine [for losing in Prime Minister Hun Sen’s defamation case]

Phnom Penh Post [Khmer Edition], Vol.1, #211, 9.7.2010

  • Cambodia Warned UN Officials Not to Interfere in Cambodian Affairs
  • Defense Lawyers [of former Khmer Rouge leader Nuon Chea] Asked [the Khmer Rouge Tribunal] to Investigate Political Interference into the Affairs of the Tribunal [they said that the government is interfering to threaten the right of their client in judicial hearings; the government opposes to question government officials and investigations of other former Khmer Rouge leaders]
  • The Phnom Penh Municipal Court Decided to Detain the Second Wife of Oknha Khov Chily over the [failed] Murders [of the wife and a daughter of a Senior Minister of the Cambodian People’s Party, a former FUNCINPEC minister of Public Works and Transportation, Mr. Sun Chanthol – Phnom Penh]
  • The Green Light Is Given for Marriages between Cambodians and South Koreans [the spokesperson of the Ministry of Foreign Affairs, Mr. Koy Kuong, said that the ban on marriages is lifted after the Cambodian government has organized a clear monitoring mechanism against fake marriages and human trafficking]

Rasmei Kampuchea, Vol.18, #5245, 9.7.2010

  • A Gay Man Was Killed and His Body Was Thrown Away at Kilometer 6 [of National Road 5, in the Russey Keo district of Phnom Penh; perpetrators are not yet identified]
  • Two People Died and Fifty Seven Others Are Having Severe Diarrhea [Svay Rieng]

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The Sam Rainsy Party Supports the Development of the Triangle Economic Zone, but Suggested to the Government to Think of Some Bad Impacts – Wednesday, 30.6.2010

Posted on 5 July 2010. Filed under: Week 671 | Tags: , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 671

“The acting spokesperson of the Sam Rainsy Party, Mr. Kim Sophearith, said that all development must be linked with the interest of the nation and of the citizens. He said so on Tuesday 29 June 2010, after the secretariat of the National Assembly released an announcement on Monday 28 June 2010, that the National Assembly will hold an annual international conference in Kratie about the role of the parliament in encouraging and strengthening the development of the triangle zone.

“The announcement says that a conference between the Commissions on Foreign Affairs of the National Assembly of Cambodia, Laos, and Yuon [Vietnam] will be organized for four days, starting from 6 July 2010, aiming to step up friendship and cooperation between countries that are good neighbors, and to participate more actively to jointly encourage friendship, solidarity, and cooperation in the border regions of the three countries.

“It is noticed that Cambodia and Laos would gain little benefit from the development of the triangle economic zone, while Yuon, the initiator, benefits most. The triangle economic zone might create big industrial factories where Yuon can create best productivity processes, with the production for sale in the region, while Cambodia and Laos cannot do the same.

“Mr. Kim Sophearith added that he supports the development plans of the government, but the development must be thoroughly studied to discover any bad impacts in advance, because both development or poverty alleviation will have its impacts on the economy in Cambodia, to progress as in neighboring countries.

“Analysts noticed that most development plans of the government by investments, from local or from foreign investors, frequently victimize Khmer citizens. Obviously, in Phnom Penh, thousands of poor families, or tens of thousands of people, had suffered misery from intimidation, violence, human rights violations, or were imprisoned by the authorities or by development companies, like in the case of Sambok Chab and in the case of Dei Krahom in the Bassak commune, Chamkar Mon district, Phnom Penh, where citizens were evicted from their settlements where they had been living for a long time, now moved to the suburbs of Phnom Penh, where there are no adequate utility system, no schools, and no hospitals.

“Citizens in the Boeng Kak area in the Tuol Kork district are also being victimized by the development plans of the Shukaku company which belongs to Yeay Phou, well-known as a businesswoman among many in Cambodia, who is close to high ranking officials of the ruling party. Some citizens said that they had been offered very few solutions from the state, and some did not receive any, because the state carried out expropriation legislation adopted by the National Assembly earlier in 2010.

“The Sam Rainsy Party considers that this law will affect many poor families when the state intends to develop an area and then requires citizens living in that area to leave, even without receiving any compensation. Also, the development in the northeast of Cambodia in Ratanakiri or in Mondolkiri had seriously affected many ethnic minority people and their communities, when the government provided concession land to local and to foreign companies for their development.

“At present, many ethnic minority people are losing the traditions handed down from their ancestors, because they do not have the land of their graves any longer, or the land for cultivation. In addition, in Kompong Thom, various families of veterans who died or are disabled were victimized by the provision of economic concession land to a Vietnamese company to plant rubber trees.

“Thus, can this not be considered as development based on the misery of Khmer citizens? Moneaksekar Khmer criticizes this intending to ask the government to look at the difficulties of the many Khmer citizens who have been jailed due to such developments, where the government does not think sufficiently of the benefits for poor people. Therefore, because of the bitter lessons and experiences mentioned above, when planning the development of the triangle zone of the three countries – Cambodia, Laos, and Vietnam – the Cambodian government must conduct thorough studies in advance about possible bad impacts on the environment and especially on the citizens in the region, as suggested by the acting spokesperson of the Sam Rainsy Party, Mr. Kim Sophearith, who said that all development must be linked with the interest of the nation and of the citizens.” Moneaksekar Khmer, Vol.17, #3919, 30.6.2010

Newspapers Appearing on the Newsstand:
Wednesday, 30 June 2010

Deum Ampil, Vol.4, #517, 30.6.2010

  • The Prime Minister, the Deputy Prime Minister [Yim Chhay Ly], and the Senior Ministers [Chhay Thorn and Tao Seng Huor and two other officials] Are Infected with A/H1N1 [Swine Flu – according to the Ministry of Health]
  • The Ruling Party Condemns Those Who Block the Demarcation of the Border [while the opposition party says that it will continue to check the border demarcation in order to ensure transparency and independence]

Kampuchea Thmey, Vol.9, #2288, 30.6.2010

  • There Is No Bribery in the Demolition of Reservoirs around the Tonle Sap Lake [claimed the Minister of Water Resources and Meteorology, Mr. Lim Kean Hor – it is said that some people who own reservoirs try to bribe officials so that their reservoirs are not demolished]
  • Burma Plans to Create Direct Flights to Cambodia [but has not specified the exact date]
  • Chemicals Are Still Applied on Food [to make it look fresh and to prevent the fly] Sold at Markets [which affect the health of eaters]

Koh Santepheap, Vol.43, #6995, 30.6.2010

  • The Sam Rainsy Party Decided Not to Pay the Fine [approximately US$2,000] of Mu Sochua [for losing a defamation case with Prime Minister Hun Sen], while a Treasury Official Said that the Deadline for the Payment Is 1 July 2010
  • A Court Decided to Detain a Defrocked Monk in Prey Sar Prison, as there Were Pictures of 627 Beautiful Girls Found on a Memory Stick, Bathing [nude] in Holy Water, Whom He Had Filmed Secretly

Moneaksekar Khmer, Vol.17, #3919, 30.6.2010

  • The Sam Rainsy Party Supports the Development of the Triangle Economic Zone, but Suggested to the Government to Think of Some Bad Impacts

Phnom Penh Post [Khmer Edition], Vol.1, #204, 30.6.2010

  • Thailand Released [ten] Cambodian Citizens [and two soldiers] Arrested [for crossing the border illegally]
  • [Sam Rainsy Party parliamentarian] Mu Sochua: If I Was Afraid [of being jailed], I Would Not Have Sued the Prime Minister [she was aware of the possibility of losing the case against Prime Minister Hun Sen and of getting jailed, before she decided to sue him. Now she is required to pay a fine, but she will not pay it and rather get jailed, as she considers the verdict not to have provided justice]

Rasmei Kampuchea, Vol.18, #5237, 30.6.2010

  • Inquiry: Violence against Women in 2009 Declined Much Compared to 2005 [according to a study about 3,040 citizens in 24 provinces and cities, the violence by husbands against wives declined from 64% in 2005 to 53% in 2009]
  • A Prince [the Duke of Gloucester] Who Is a Royal Family Member of the English Royalty Visits Siem Reap and the Banteay Chhmar Temple [to observe the repair of the temples by the Global Heritage Fund]
  • “Cultural Life in the City” Is the Theme of Cambodia during the World Exhibition in Shanghai [China]

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Not Everything Legal is Considered Legitimate – Sunday, 20.6.2010

Posted on 22 June 2010. Filed under: *Editorial*, Week 669 | Tags: , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 669

A Secretary of State of the Ministry of Health spoke against the economic exploitation from blood donations and blood infusions during an event at the occasion of the World Blood Donors’ Day. Did she say that the financial transactions related to blood donations and transfusions are illegal? No. They are legal. But she still considers these business aspect as “totally against the moral of medical professionalism, and such behavior must be avoided.”

We encounter here a situation where something that is legal is still being considered not to be legitimate. No law is violated, but still some people claim to have good reasons to say that it is not acceptable.

And the Secretary of State elaborated further about the consequences of such a discrepancy, when – from a moral perspective – a legal but illegitimate action leads to a loss of “trust from the general public” in medical institutions which are involved in such actions.

The UN Special Rapporteur on the Situation of Human Rights in Cambodia, Mr. Subedi, is quoted to have made a similar remark. Speaking to journalists he said that several reasons: “the lack of resources, institutional problems, and the interference from outside of the court system have created institutions which are not trusted by citizens.”

He did not say that the law is violated – but still: the result is not trusted by many citizens.

Probably it can be said that many actions which caused the sufferings and the deaths of many people under the Khmer Rouge regime were implemented according to the law – the laws of that time – and still a basic feeling for justice considers them not to have been legitimate.

To question legality in the name of legitimacy is not without problems – but still it has to be raised in every society which is built on basic human values, such as the values stated in the Constitution of the Kingdom of Cambodia; nobody can avoid to face this dilemma.

As reported by Reuters, the UN Special Rapporteur on the Situation of Human Rights in Cambodia stated at the end of his third mission to Cambodia on 17 June 2010, that he was troubled by the land disputes and the apparent inability of the poor to get a fair hearing in court. And in a reference to the government’s tough stand on dissent, he expressed concern about what he called a narrowing of the political space for debate. He has the duty to report the results of this visit to the UN Human Rights Council, and he will do so in September 2010. Again: there was no statement claiming that laws are violated – but also a clear indication that he understands that there is doubt and lack of trust in the courts, and in the legitimacy of the results of court actions, felt and expressed by many people.

Facing this situation , the head of the government’s Cambodia Human Rights Commission is quoted to have said already that he expects that the assessment by the UN Special Rapporteur will not be correct, as he was in the country only for a short visit.

It is a general phenomenon that flawed or wrong information and opinion can best be countered and maybe corrected by open and transparent communication – but this may also lead to clarify that there are different, even opposing opinions.

The rapporteur, Mr. Surya Subedi, expressed also that he was disappointed that he could not meet the Prime Minister – a meeting had been scheduled only for the end of his 10-days visit, and the visit could not materialize because the Prime Minister was unwell.

In response, the Prime Minister criticized Mr. Subedi, considering it as a sign of disrespect that he said he was disappointed about the Prime Minister’s illness. “Every time he’s come here, I’ve met him,” Hun Sen said. “From now on, I’ll see him just once a year. I hope he will hear this: I’m ill, I don’t need to report to you,” Hun Sen added, accusing Subedi of wanting to “colonize” his country.

The necessary exchange of information and of opinion with Mr. Subedi, as the United Nations appointed Special Rapporteur on the Situation of Human Rights in Cambodia, will not become easier. When Cambodia was “colonized” like many other countries by European powers and by Japan were colonized, this was done with military threat or lethal force. It is not obvious why this service of the United Nations, agreed upon with the Royal Government of Cambodia, looking into the status of the human rights situation in Cambodia, considering the Constitution of the Kingdom of Cambodia and the laws based on it, is an effort to colonize Cambodia.

If it were not that hundreds of people would demonstrate – often holding pictures of the Prime Minister and the First Lady whom they trust that they will help them to find justice – and thousands of people gave their thumb prints to raise their concerns, considering that they have been unjustly evicted – Mr. Subedi would not listen. He listened also to these people after meeting government representatives and members of the judiciary. And these people are among the ‘masters of their own country” according to Article 51 of the Constitution, and they have the right to struggle, with all other sections of society, that the application of the law is felt to be legitimate.

Where this social consensus is lost – like recently in large section of the Thai society – this can lead to serious problems.

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A Parliamentarian from the Cambodian People’s Party Rejected the Reports of COMFREL and of the Inter-Parliamentary Union – Friday, 12.2.2010

Posted on 13 February 2010. Filed under: Week 651 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 651

“Phnom Penh: A parliamentarian and high ranking official of the Cambodian People’s Party voiced his strong reaction by totally rejecting a report of the Committee for Free and Fair Elections (COMFREL) on Thursday 11 February 2010, and of an announcement by the Inter-Parliamentary Union (IPU) over the suspension of the immunity of Sam Rainsy Party parliamentarians.

“The parliamentarian from Prey Veng and chairperson of the Commission on Economy, Banking, and Audits of the National Assembly, Mr. Cheam Yeap, said that the Cambodian People’s Party won the through the [2008] elections as many as 90 seats, more than two thirds of the total of 123 seats. Under this situation, leaders of the Cambodian People’s Party do not commit any wrongdoings, because it could affect the confidence of citizens who are voters or party members.

“Mr. Cheam Yeap added that he would like to announce, instead, what the Permanent Committee of the National Assembly did, saying, ‘As a parliamentarian, what we did (suspended the immunity of Sam Rainsy Party’s parliamentarians) was based on the law. The suspension or the withdrawal of the immunity is not an important matter. We just put off their raincoats (the immunity) to let them get soaked like others, and to let the court question and work on them. The National Assembly has the obligation to obey the law. Though the immunity of parliamentarians from the Sam Rainsy Party was suspended, they can attend meetings and retain the necessary rights to vote on laws and to receive their salary like the other parliamentarians.’

“He went on to say that the reports of COMFREL and of the IPU, which criticized that the National Assembly’s records in this term are worse than in the previous terms, and that the suspension of the immunity of the Sam Rainsy Party parliamentarians was not done based on the law… claim unnecessary concerns which contrasts the reality. ‘As the National Assembly, we adhere to and implement the laws of Cambodia.’

“Mr. Cheam Yeap stressed that both the government and the National Assembly are not worried, because what they have done complied with the Cambodian law.

“The reaction of the parliamentarian from the ruling Cambodian People’s Party was made a day after COMFREL had issued a report on 10 February 2010 which says that democracy in Cambodia is being affected, because the Cambodian People’s Party caused the freedom of expression and the discussions in the National Assembly to diminish. Also, criticism of the suspension of the immunity of the Sam Rainsy Party parliamentarians in three cases – of Mr. Sam Rainsy, of Ms. Mu Sochua, and of Mr. Ho Van – was easily made but was not based on the law.

“Meanwhile, the IPU criticized, on 10 February 2010, that the suspension of the immunity of the three Sam Rainsy Party parliamentarians did not go through careful discussions and reviews beforehand. The IPU added that it will put this issue on the agenda of the 122nd meeting in April and May 2010.

“Regarding the suspension of the immunity, [the Sam Rainsy Party parliamentarian] Mr Ho Van appealed to the president of the National Assembly to give him back his immunity, because the judgment of the Phnom Penh Municipal Court dated 2 February 2010 decided to lift the accusation against him, over his assumed defamation against 22 senior military officials, and it has been sent to the president of the National Assembly.

“Mr. Cheam Yeap said that the Permanent Committee of the National Assembly led by Samdech Heng Samrin will organize a meeting very soon to install the immunity back to Mr. Ho Van, after the National Assembly had received information about the judgment and his request earlier this week.” Rasmei Kampuchea, Vol.18, #5124, 12.2.2010

Newspapers Appearing on the Newsstand:
Friday, 12 February 2010

Deum Ampil, Vol.4, #412, 12-18.2.2010

  • A Son of General Chea Man [Region 4 military commander] Continues Wood Trading though the Prime Minister Had Warned Against It
  • 5,000 Grilled Pigs Are Needed during the Traditional Chinese New Year Festival [on 14 February 2010 in Cambodia]

Kampuchea Thmey, Vol.9, #2175, 12.2.2010

  • Cambodia Rejected a Siamese [Thai] Declaration that the Listing of the Preah Vihear Temple [as a world heritage site] Is Not Yet Finished [as Cambodia has not fully met the management plan for the temple as required by UNESCO]
  • Forty Three People Were Injured when a Car Overturned Driving Downhill [Sihanoukville]

Note:

The claim that the Cambodian government has fully met the requirements of the UNESCO World Heritage Committee is surprising for the interested public, as it has only been reported that a Cambodian report was submitted before 1 February 2010 to the World Heritage Committee, while there is no report how the following requirements, from the UNESCO minutes, have been fulfilled – and the Thai government publicly claims that they do not know the Cambodian report – though the Thai government should have been involved – according to the UNESCO minutes.

Of special interest are the following points of the UNESCO minutes:

  • “14. 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;
  • “15. 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;
  • “16. Further requests the State Party of Cambodia to submit to the World Heritage Center by February 2010, for submission to the World Heritage Committee at its 34th session in 2010 a full Management Plan for the inscribed property, including a finalized map.”

These points touch on matters where “the participation of the Government of Thailand” seems to be required, according to the UNESCO minutes, as the border demarcation between Cambodia and Thailand has not yet been accomplished.

Further details are in the lower section of The Mirror of 7 February 2010.

Khmer Amatak, Vol.11, #734, 12.2.2010

  • Kratie Military Police Threatened to Shoot the Representatives of the Authorities Who Intercepted Trucks Loaded with Illegally Cut Wood [heading to Vietnam; finally, with a further intervention from the provincial authorities, forestry administration officials could seize those trucks, but the military police officials who threatened them were not punished]

Khmer Machas Srok, Vol.4, #604, 12.2.2010

  • Google Told Cambodia to Send Mapping Document to the Tele Atlas Company to Change the Khmer-Siamese Border Data
  • The Amount of [garment and textile] Exports Is US$2.8 Billion and the Amount of Salaries Paid to [more than 300,000 textile and garment] Workers Is Only US$27 Million per Year [according to an official of the Ministry of Labor, a worker gets about US$60 per month, and if they work additional hours, they get US$100 to US$120 per month]

Koh Santepheap, Vol.43, #6882, 12.2.2010

  • China Wants to Invest to Plant Rubber Trees on 60,000 Hectares of Land in Cambodia [according to a meeting between the Minister of the Council of Ministers, Deputy Prime Minister Sok An, and the Chinese Ambassador]

Moneaksekar Khmer, Vol.17, #3810, 12-17.2.2010

  • The Freedom of Expression Became Restricted and the Not-Independent Courts Become Tools Used for Mistreating Opposition Party Activists [according to the UN Human Rights Special Rapporteur, Mr. Surya Subedi – it is said that after his visit to Cambodia from 18 to 30 January 2010, he brought the bad human rights condition in Cambodia to the attention of the UN secretary general.]

Phnom Penh Post [Khmer Edition], Vol.1, #110, 12.2.2010

  • Thai Troops Are Conducting War Exercises, while Cambodian Troops Are on Alert [at the border]
  • [The former Khmer Rouge leader] Ieng Sary Asked to be transferred to House Arrest Rather Than to Be Jailed in Prison

Rasmei Kampuchea, Vol.18, #5124, 12.2.2010

  • A Parliamentarian from the Cambodian People’s Party Rejected Reports of COMFREL and the Inter-Parliamentary Union
  • Traffic Accidents Killed 138 People in January 2010 [countrywide; the number of deaths increased by 34 compared to the corresponding period in 2009]
  • About US$4 Million [from development partners and USAID] Is Planned to Be Spent for A/H1N1 Vaccine Campaign [such as on training, transportation, and project planning]

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Cambodia Wants the USA to Support Cambodia’s Candidacy as a Non-Permanent Member of the United Nations Security Council – Wednesday, 10.2.2010

Posted on 11 February 2010. Filed under: Week 651 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 651

“Cambodia has requested the United States of America to support the candidacy of Cambodia to become a non-permanent member of the United Nations Security Council.

“During a meeting between the Minister of Foreign Affairs and International Cooperation, Mr. Hor Namhong, and [the US Deputy Assistant Secretary of State and US Ambassador to ASEAN] Mr. Scot Marciel at the Ministry of Foreign Affairs in the morning of 9 February 2010, Mr. Hor Namhong requested the USA, through Mr. Scot Marciel, to support Cambodia’s candidacy as a non-permanent member of the UN Security Council for 2013 and 2014.

“Since Cambodia has become a member of the United Nations, it has never participated working in the framework of the UN Security Council.

“Mr. Hor Namhong pointed out to Cambodia’s qualifications to serve as a non-permanent member of the UN Security Council, saying that Cambodia, with the help from the UN Transitional Authority in Cambodia (UNTAC), in 1993 organized free and fair elections for the first time in Cambodia after it had been freed from the Pol Pot genocidal regime.

“The next non-permanent Security Council Members of the United Nations will be elected in 2012.

“It should be noted that in recent years, Cambodia has sent its troops within the UN framework to help many developing countries and countries that have just recovered from war, such as Chad.

“During the meeting, Cambodia also requested America to cancel the debt that Cambodia owes America since the time of the Lon Nol regime time [the Khmer Republic, 1970 to 1975].

“Cambodia owes America more than US$300 million since the Lon Nol regime from 1970 to 1975.

Note:

The Cambodian Daily of 10.2.2010 explains details of the loan with normal repayment obligations:

“Between 1972 and 1974, the US Department of Agriculture financed $274 million in purchases of US cotton, rice, and flour for Cambodia… with interest, the total had risen to $339 million by 2007.”

The Cambodian Daily further reports: “Mr. Maciel also said that the had reiterated in the meetings that the US was ‘very disappointed’ with Cambodia’s decision in December 2010 to deport 20 ethnic Uighur asylum seekers back to China over the objections of the UN High Commissioner for Refugees” [contrary to the Cambodian commitment to the relevant UN conventions].

“Cambodia suggested two ways the USA could cancel the debt. In the first choice, Mr. Hor Namhong suggested the USA could just cancel all the debt, but as an alternative choice, he asked the USA via Mr. Scot Marciel to cancel 70% of the debt of more than US$300 million in order to allow Cambodia to develop the country. Cambodia would pay back the rest of 30% to the USA later.

“Though he listened that there are these two modalities proposed by Cambodia, Mr. Scot Marciel could only say that he will bring Cambodia’s request about the canceling of debt to the US government when he returns back.

Note:

The Cambodian Daily of 10.2.2010 adds the following further information:

Contrary to the explanation by Mr. Maciel, the spokesperson of the Cambodian Ministry of Foreign Affairs, Mr. Koy Kuong, claimed that the money was paid for the slaughter of Cambodians – “The debt was used for weaponry and the weaponry was used to destroy all things including the life in the country.”

“Mr. Scot Marciel stressed that in the USA there is no legal basis regarding the canceling of debts.” Deum Ampil, Vol.4, #410, 10.2.2010

Newspapers Appearing on the Newsstand:
Wednesday, 10 February 2010

Deum Ampil, Vol.4, #410, 10.2.2010

  • Cambodia Will Appeal to the Court in The Hague and to the UN Security Council [to solve the border dispute with Thailand; according to Prime Minister Hun Sen]
  • US Wants Cambodia and Thailand to Peacefully Solve Border Disputes [according to the US Ambassador to ASEAN, Mr. Scot Marciel]
  • Cambodia Wants the USA to Support Cambodia’s Candidacy as a Non-Permanent Member of the United Nations Security Council

Kampuchea Thmey, Vol.9, #2173, 10.2.2010

  • Samdech Dekchor Hun Sen: Siamese [Thai] Troops Can No Longer Remain at the Ta Moan Temple [claiming that it is in Khmer territory]
  • Thailand Increases Security Efforts before the Court Makes a Judgment over the Property of [Thai ousted and fugitive prime minister] Thaksin Shinawatra
  • Cambodia and Italy Signed the First Agreement on Culture [about cooperation on development projects at the Angkor area, as well as about training for young experts in cultural preservation work at the Angkor area]

Khmer Amatak, Vol.11, #733, 10.2.2010

  • The Cambodian Government Rejected Information that It Had Provided Khmer Citizenship to Thaksin Shinawatra

Khmer Machas Srok, Vol.4, #602, 10.2.2010

  • The Khmer King Is Listed as a Member of the Community of French Scholars [of the “Academie Française”; based on his contributions to pre-historical research in Cambodia, where he is appreciated for his efforts to maintain the Khmer cultural heritage, and especially, his support for a French training program for people in restoration techniques for the Khmer Angkor Wat Temples]

Koh Santepheap, Vol.43, #6880, 10.2.2010

  • A French Drug Addict Robbed the [Cambodia Asia] Bank; It Was the First Time that a Foreigner Committed Armed Robbery [he was arrested – Phnom Penh]
  • The Anti-Corruption Draft Reached the National Assembly [but the content is not yet made known]

Phnom Penh Post [Khmer Edition], Vol.1, #108, 10.2.2010

  • America Does Not Plan to Cancel the Debt [of about US$300 million; according to the US Ambassador to ASEAN, Mr. Scot Marciel]
  • [The North Korean President] Mr. Kim Jong Il Told the Chinese Ambassador that the Korean Peninsula Should Be Free from Nuclear Weapons

Rasmei Kampuchea, Vol.18, #5122, 10.2.2010

  • [Four] Robbers Went into a House, Shot One Person to Death and Seriously and Lightly Injured Three Others, and Took Away US$15,000 [Pailin]

Sereypheap Thmey, Vol.18, #1873, 10.2.2010

  • Hun Sen Warned that If Negotiations [with Thailand] Do Not Bring Solutions, Armed Force Will Be Used

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The Royal Government Released a Sub-Decree about Obligatory Military Service – Wednesday, 30.12.2009

Posted on 31 December 2009. Filed under: Week 645 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 645

“The Royal Government of Cambodia issued a royal sub-decree about the conditions and modalities for a census for the recruitment, the conscription, and for the possible delays for youth who are studying, and for citizens under special conditions, and about the law for the implementation of military service.

“The sub-decree, signed by the head of the Royal Government, Samdech Akkak Moha Senapadei Dekchor Hun Sen, states that it aims to define the conditions and modalities for a census for the recruitment, the conscription, and the possible delays for youth who are studying, and for citizens under special conditions, and about the law for the implementation of military service. It aims to protect the territorial integrity and the national sovereignty, and contributes to the reform of the military sector, strengthening the foundation of the forces for national defense, developing citizens physically, as required by the country, and training in national defense skills.

“The sub-decree describes a National Commission for Military Service, which has the Minister of Defense as its head, the Minister of Interior or a secretary of state as the deputy head, the commander-in-chief of the Royal Cambodian Armed Forces [RCAF] as another deputy head, the Minister of Economy and Finance or a secretary of state, the Minister of Planning or a secretary of state, the Minister of Health or a secretary of state, the Minister of Labor or a secretary of state, the Minister of Social Affairs or a secretary of state, and the secretary of the Public Affairs Secretariat, the director general of the National Police, the commander of the National Military Police as members, and director of personnel of the Ministry of Defense as a secretary.

“The sub-decree adds that census for obligatory military service will be conducted by the military service committees of the communes from January to March every year. Recruitments will be made in early August every year, and the military service commissions of the commune have to issue the invitations to the citizens whose names are listed in the census lists and who live under their control, to attend to the recruitment process and the medical checkup, to prepare them for military service.

“This sub-decree states also the conditions for a delay for youth who are studying, stating that the youth who can receive a delay are: students during studies to finish their courses; students preparing to take exams for higher education, for higher degrees, or for associated degrees, and for high school and lower secondary school certificates; and students receiving scholarships to study abroad and students preparing to further their education abroad.

“The sub-decree offers also delay in military service for citizens under special situations. These are citizen who are the only labor force in their family and are the breadwinner of the family; citizens who have not yet reached the age to do full labor, or who are too old, or disabled; citizens who are the only child whose father or mother lost their life in the battlefield; citizen who live in a one-child-family – a family with only one child and the mother, or a child-and-father family; citizens who lost their husband or wife and have many children to raise; citizens who are receiving treatment for illness; citizens who have to leave the country with their parents to fulfill a long-term mission abroad; civil servants who have to fulfill a task abroad more than 3 months; lecturers and teachers who are working under the Ministry of Education; workers who are experts in their factories or enterprises, where a skilled replacement cannot be found immediately; and employers who are responsible leading in expert positions in their enterprises and cannot find a replacement.

“As for the calls to military service, the sub-decree states that citizens who volunteer to fulfill their military service are the first ones to be conscripted. A lottery system will be used if there are more, or less, persons than needed who want to start their military service. The commissions have to conscript citizens for military serve based on the required numbers. The commune military service commissions have to send the draft notices to the conscripted persons directly through the commune authorities or its unit heads, to ministries, departments, factories, enterprises, or educational institutions, within at least 30 days before the day the conscripts are required to appear.

“It should be noted that the military service law of the Kingdom of Cambodia defines the age of affected citizens to be from 18 to 30, and women can make their service as citizens through voluntary services. This sub-decree is directed at Khmer citizens in general who are civilians, workers, employees, employers, students, civil servants, and citizens who have two nationalities and live permanently in the Kingdom of Cambodia.” Kampuchea Thmey, Vol.8, #2137, 30.12.2009

Newspapers Appearing on the Newsstand:
Wednesday, 30 December 2009

Deum Ampil, Vol.3, #374, 30.12.2009

  • A Man Lured a 5-Year-Old Girl and Raped Her Four Times [he was arrested – Sihanoukville]
  • Major Leaders [from the UNHCR, the United States, and Australia] Criticized [Thai] Prime Minister Abhisit Vijjajiva for Deporting Hmong People Back to Laos

Kampuchea Thmey, Vol.8, #2137, 30.12.2009

  • The Royal Government Released a Sub-Decree about Obligatory Military Service
  • Wood Traders [in the military] Burnt Two Bridges to Block the Authorities Who Went to Crack Down [Battambang]
  • A Policeman of the Ministry of Interior Used a Pistol to Hit a Person on the Head and Shot Three Times in the Air [he was detained – Phnom Penh]

Khmer Machas Srok, Vol.3, #557, 30.12.2009

  • The National Assembly Adopted the Expropriation Law, though Some Articles Make Citizens to Lose Benefits

Koh Santepheap, Vol.42, #6844, 30.12.2009

  • UNHCR Dismissed the Request of Khmer Kampuchea Krom People for Asylum because They Are Cambodian Citizens
  • The Head of the Supreme Court of Vietnam [Mr. Trương Hoà Bình – Truong Hoa Binh] Visited Cambodia to Seek Cooperation [with the Supreme Court of Cambodia, such as in the general field of laws, and in the training of judges]

Phnom Penh Post [Khmer Edition], Vol.1, #78, 30.12.2009

  • [The president of the Senate and of the Cambodian People’s Party] Mr. Chea Sim Encouraged the Strengthening of Discipline for Khmer Monks
  • Phnom Penh Organizes a Three-Day Exhibition [from 30 December 2009 to 1 January 2010] to Celebrate the Founding of Phnom Penh [575 years ago – at Wat Phnom]

Rasmei Kampuchea, Vol.17, #5086, 30.12.2009

  • Civil Society Is Not Satisfied as the National Assembly Adopted the Expropriation Law
  • The Ministry of Education and Metfone [a Vietnamese mobile phone company] Signed a Memorandum of the Understanding Worth US$5 Million about the Provision of Internet Services to Public Educational Institutions and the Provision of Scholarships

Sereypheap Thmey, Vol.17, #1844, 30.12.2009

  • [The Svay Rieng Court] Issued an Arrest Warrant for Mr. Sam Rainsy [he removed temporary Cambodian-Vietnamese border markers – Mr. Sam Rainsy is at present abroad]
  • [The high ranking official of the Cambodian People’s Party and chairperson of the Commission on Economy, Finance, Banking, and Audits of the National Assembly] Cheam Yeap Recognized that Some Government Officials from the Cambodian People’s Party Are Corrupt [in response to a publication of a US magazine, in which a foreign journalist criticized that children of Cambodian government officials and of oknhas compete with each other to show off their luxury cars bought with their parent’s money. And the journalist criticized it that they got much money from illegal activities, like illegal logging or committing corruption. In response, Mr. Cheam Yeap said there is really corruption committed by some officials from the CPP, but not by all. But he added that opposition party officials also commit corruption]

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