Disregarding or Facing Agreements in the Press? – Sunday, 22.8.2010

Posted on 23 August 2010. Filed under: *Editorial*, Week 678 | Tags: , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 678

The Mirror was created to mirror the Khmer language press – that is to focus on important dynamics in society, as they are reflected in the press. That includes also to observe when there seem to be discrepancies between different streams of reporting. And it includes also to observe what seems not to be reported in the Khmer language press, though one would expect it.

Monitoring what is going on includes also to observe the reaction to one’s own publication. The main website of The Mirror by now gets up to 10,000 visits per month (it started in January 2007 with zero – replacing the former edition printed on paper).

While observing this wide interest with satisfaction, it is also disappointing to see that some important pieces of information, related to the conflicts with Thailand, are regularly not reported in the Khmer press. If this impression is wrong, we would appreciate to be informed which publications and public documents in the Khmer press we missed. The Mirror does not have access to confidential information; what we use and quote is publicly available, especially on the Internet.

In response to careful, detailed documentations, where we asked for specific responses, if our documentation is deficient, so that we can correct and improve it, there was either no response – and the public debate continues as if it were not missing some important points – or I get mail saying just “You are completely wrong!” I do not mind to get such mail, if it points to where I am wrong – I appreciate corrections.

Therefore I am repeating here some essential points, and I will do so until they are receiving proper attention in the present situation of tensions.

I was utterly surprised, talking recently to a friend who is a regular reader: when I mentioned some of the facts which had been on The Mirror repeatedly, he had obviously missed them. He thought the controversies about the Temple of Preah Vihear on the World Heritage list were related to Thailand referring to maps drawn by Thailand, and therefore Thailand was denying that the whole area around the Temple of Preah Vihear was designated a World Heritage Site.

The contrary is true, according to the documents. Emphasis in the following sections is added during editing.

For Preah Vihear

From the Cambodian 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:

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… The meeting was conducted in a fruitful and constructive atmosphere to discuss ways and means of strengthening the neighborly cooperation for a further reach for long lasting cooperation between Cambodia and Thailand… 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.

And finally, during a meeting in Paris (France) on 22 May 2008 between a Cambodian delegation led by His Excellency Mr. SOK An,…The Kingdom of Thailand reconfirmed its support for the Heritage Committee to be held in Quebec, Canada in July 2008. For its 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.

On 18 June 2008, a Joint Communique was signed by Deputy Prime Minister Sok An, including a map presented and signed by Mr. Var Kim Hong, the Head of the Cambodian Border Committee, which was – as far as we know – never presented in the media in Cambodia (again – any correction of this information is welcome), but it was repeatedly in The Mirror, including the Cambodian proposed map for the listing, the last time here. The text says the following:

1. The Kingdom of Thailand supports the inscription, at the 32th session of the World Heritage Committee (Québec, Canada, July 2008), of the Temple of Preah Vihear on the World Heritage List proposed by the Kingdom of Cambodia, the perimeter of which is identified as N. 1 in the map prepared by the Cambodian authorities and herewith attached. The map also includes, identified as N.2, a buffer zone to the East and South of the Temple.

2. In the spirit of goodwill and conciliation, the Kingdom of Cambodia accepts that the Temple of Preah Vihear be nominated for inscription on the World Heritage List without at this stage a buffer zone on the northern and western areas of the Temple.

3. The map mentioned in paragraph 1 above shall supersede the maps concerning and including the “Schéma Directeur pour le Zonage de Preah Vihear” as well as all the graphic references indicating the “core zone” and other zoning (zonage) of the Temple of Preah Vihear site in Cambodia’s nomination file;..”

This is the last public map, a Cambodian map, which was to “supersede” – that is: to replace – the formerly used Cambodian maps.

As a consequence, this was decided:

The World Heritage Committee,

9. 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;…

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,…

15. Requests the State Party of Cambodia to submit to the World Heritage Center, by 1 February 2009, the following documents: c) Confirmation that the management zone for the property will include the inscribed property and buffer zone identified in the RGPP [“revised graphic plan of the property”]; d) progress report on the preparation of the Management Plan)

All these points were to be implemented after convening this international coordinating committee, inviting the Government of Thailand and others, to work together and to present their results.

Questions:

– Why is the discussion in the Khmer media not referring to the official documents about the listing of the Temple of Preah Vihear, clearly limited in nature: “only the Temple of Preah Vihear and not the wider promontory with its cliffs and caves.” This is not based on a map unilaterally drawn by Thailand, but it relates to what the Cambodian side had officially brought to the World Heritage Committee. – There were even statements from people in official positions saying: “There is nothing to be discussed with Thailand.”

– Why are the Khmer media disregarding that there were – from the beginning – the following requests by the World Heritage Committee: “to convene an international coordinating committee… inviting the participation of the Government of Thailand… [to provide the expected results] – a) a provisional map providing additional details of the inscribed property and a map delineating the buffer zone…” It has never been reported in the press that the Cambodian Government did invite the Thai Government according to this request by the World Heritage Committee. – There were even statements from people in official positions saying: “There are no buffer zones.”

Reading the documents, it seems that Thailand is not insisting on some unilaterally drawn Thai maps, but looks forward that the documented decisions of the World Heritage Committee be implemented.

For the Border

This is a different legal issue from the World Heritage Listing (though, of course, related).

In order to demarcate the border between the two countries, a Memorandum of Understanding “on the Survey and Demarcation of Land Boundary” was concluded between the two countries in June 2000, long before the Preah Vihear World Heritage Listing was on the agenda of the relevant UNESCO committee. This Memorandum is related to the whole stretch of the border. That the whole length of the approximately 800 km border is to be demarcated shows that both sides agreed that this is not yet done – there is not yet mutually agreed border. Both sides agreed on this – otherwise they would not have signed this joint agreement.

While there is frequent reference to this Memorandum of Understanding from 2000 in the Khmer press, it was quite difficult to find it in Cambodia, also consulting with several persons from the media did not help. One e-mail request to a friend in Thailand immediately provided a source on the Internet.

But there is a noteworthy difference in the handling of the related task: While in Thailand, related government officials and agencies are accountable to the Thai National Assembly about what they do related to the border – the executive is monitored by the legislative – we are not aware that either the Cambodian National Assembly nor the Khmer press have requested similar information to monitor the activities of the Cambodian government officials and agencies involved. The different legal arrangements under the different constitutions of both countries result in different procedures.

Shortly after Prime Minister Hun Sen had made his conciliatory declaration about a win-win solution by mutual dialogue without a winner and a loser, several statements from various other sectors of the government were released, strongly blaming Thailand and calling for multilateral negotiations. The Prime Minister added his voice – but more recent news say that there still may be a bilateral meeting between the two prime ministers soon in Brussels at an ASEN meeting.

Whatever the future will bring in terms of bilateral or multilateral meetings – the written submissions and the documented decisions will have to be faced. To continue to disregard them can hardly bring the solution where both sides win, the goal that Prime Minister Hun Sen has seen as important for all.

Please recommend The Mirror also to your colleagues and friends.

Back to top

Advertisements
Read Full Post | Make a Comment ( None so far )

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.
And please recommend The Mirror also to your colleagues and friends.

Back to top

Read Full Post | Make a Comment ( 1 so far )

The Prime Minister Encourages Officials to Care about the National Interest – Tuesday, 10.8.2010

Posted on 10 August 2010. Filed under: Week 677 | Tags: , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 677

“Prime Minister Hun Sen advised high ranking officials yesterday [9 August 2010] that their positions cannot be passed on to their family members of the next generation, but he suggested to focus on creating contributions in the national interest rather than to maintain their positions.

“In a speech during a forum on questions of national development held by the government in Phnom Penh, Prime Minister Hun Sen stated that government officials should respect and act according to their roles to serve the public.

“He added, ‘Do not forget that the positions of minister, deputy prime minister, secretary of state, and under-secretary of state in all institutions are not permanent ones or can be passed on to your children.’ He went on to say, ‘It is the same for the provincial governors. You cannot keep your positions forever or pass them on to your children. What we do is for the future of the whole nation.’

“A son of Prime Minister Hun Sen, Mr. Hun Manet, 32, is a general of the Royal Cambodian Armed Forces; he has earned a degree from the US West Point Military Academy and a senior degree in economics from Bristol University of England. However, Prime Minister Hun Sen said that he does not want Mr. Hun Manet to enter politics.” Phnom Penh Post [Khmer Edition], Vol.1, #233, 10.8.2010

Newspapers Appearing on the Newsstand:
Tuesday, 10 August 2010

Kampuchea Thmey, Vol.9, #2323, 10.8.2010

  • A Person Died after Being Run over by a Truck on National Road 1 [in a traffic accident – Kandal]

Koh Santepheap, Vol.43, #7030, 10.8.2010

  • The Head of the Cambodian Government Called for an International Conference on the Cambodian-Thai Border Dispute at the Preah Vihear Temple
  • More Than 19 Tonnes of Medicines of No Quality Were Burnt by the Authorities at a Medical Waste Area [Phnom Penh]

Moneaksekar Khmer, Vol.17, #3954, 10.8.2010

  • [Prime Minister] Hun Sen Appealed to Foreign Countries to Organize an International Conference to Solve the Cambodian-Siam [Thai] Border Issues Where Tension Cannot Be Solved

Nokor Wat, Vol.1, #26, 10.8.2010

  • The Prime Minister Warned Officials Who Are Hungry for Power [trying to pass their power over to their children, but they should rather think about national interest]
  • [Thai Deputy Prime Minister] Suthep Thaugsuban Denied that Thai Troops Are Intruding into Cambodian Territory [as accused by the Phnom Penh government, the Thai side claims that Thai troops are just deployed to protect Thai territory along the border]

Phnom Penh Post [Khmer Edition], Vol.1, #233, 10.8.2010

  • The Prime Minister Encourages Officials to Care about the National Interest
  • The Cambodian Government Encourages Development on the Islands [to attract tourists]
  • Hearing [of opposition party president, Mr. Sam Rainsy, and two imprisoned villagers] over the Uprooting of [Cambodian-Vietnamese] Border Markers Was Delayed [until 30 August 2010, as the two villagers do not have defense lawyer]

Rasmei Kampuchea, Vol.18, #5272, 10.8.2010

  • Cambodia Confirmed Adherence to the One-China Policy [by not allowing any Taiwanese representative offices to be opened in Cambodia; according to a speech by Prime Minister Hun Sen]
  • Indian Troops Help Train UN Peace-Keeping Skills and Advanced Mine Clearance Techniques for Cambodia Troops
  • The 2010 Khmer Youth Art Event Began with a Big Supporting Audience [at the Chaktomuk hall in Phnom Penh]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend The Mirror also to your colleagues and friends.

Back to top

Read Full Post | Make a Comment ( 1 so far )

The World Bank Provides US$23 Million for Education – Monday, 9.8.2010

Posted on 10 August 2010. Filed under: Week 677 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 677

“Phnom Penh: According to an announcement of the World Bank on 5 August 2010 in Washington, the World Bank approved US$23 million as grant aid and loan to reinforce higher education in Cambodia.

“The announcement reads that of the US$23 million, US$11.5 million is grant aid and the other US$11.5 million is a loan.

“The World Bank Country Manager in Cambodia, Mr. Qimiao Fan, stated, ‘Investment in human resources for sustainable development and poverty alleviation is part of the strategy of aid for Cambodia.’

tho”According to the announcement about funding for Cambodia, released on Friday evening [6.8.2010], the project to strengthen higher education quality and to promote capacity aims at consolidating teaching quality, management, and research capacity, and will also provide scholarships to students who otherwise would not have the opportunity to study.

“The World Bank Country Manager added, ‘I hope that the new project will help Cambodia, especially the Ministry of Education, Youth, and Sport, to strengthen quality standard of education as well as to build up educational capacities for the public and the private sectors.

“High ranking officials of the Royal Government of Cambodia welcomed this aid – it is what Cambodia needs for the development of human resources. Also, such development requires involvement from the local authorities, donors, and non-government organizations.

“The five-year project will concentrate on:

  1. Strengthening of the capacity of higher educational systems in Cambodia by promoting the development, management, and good governance of higher education institutions. This includes strengthening the capacity of the Department of Higher Education, the Department of Research and Studies, the Committee on Quality Education, and of institutions of higher education.
  2. Contributing to development of competitiveness and new kinds of loans that can help consolidate teaching and management, as well as offer real solutions to developmental problems in Cambodia.
  3. Providing scholarships to students who otherwise would not have the opportunity to study, based on the definition of the target groups of the poor, and on educational criteria.
  4. Monitoring and assessing the management of the project.

Nokor Wat, Vol.1, #25, 8-9.8.2010

Newspapers Appearing on the Newsstand:
Monday, 9 August 2010

Kampuchea Thmey, Vol.9, #2322, 8-9.8.2010

  • Most Citizens in Banteay Meanchey Stop Eating Pork [because it is infected with diseases, which harm the people’s health]

Koh Santepheap, Vol.43, #7029, 9.8.2010

  • The Head of the Royal Government Protested [by sending letters] to the United Nations about Abhisit’s Remarks Threatening to Use the Army [Mr. Abhisit allegedly was quoted by The Nation, to have said “…we will cancel the Memorandum of Understanding of 2000 if the problems of aggression cannot be settled. We will use both diplomatic and military means.” Prime Minister Hun Sen claimed this remark violates the UN Charter]
  • Fifty Three Male and Female Teen Gang Members Were Rounded up in Siem Reap

Moneaksekar Khmer, Vol.17, #3953, 9.8.2010

  • A Human Right Organization [the Cambodian Human Rights and Development Association – ADHOC] Condemned the Actions of the Authorities against Representatives of the Residents of the Chi Kraeng District, Where at Least Forty Six People Face Arrest [after they protested over a land dispute in Siem Reap, and some were already detained since 2009]

Nokor Wat, Vol.1, #25, 8-9.8.2010

  • The World Bank Provides US$23 Million for Education
  • A Man Was Fatally Axed by an Unknown Person, Leaving His Wife and Daughters [Kandal]
  • The UNESCO Secretary General Asked Cambodia and Thailand to Negotiate over the Preah Temple Issue [on 7 August 2010]

Phnom Penh Post [Khmer Edition], Vol.1, #232, 9.8.2010

  • A Woman Fainted and Six Others Were Injured in a Protest Was Confronted [by police and bodyguards] over a Land Dispute [around 50 citizens from Battambang came to protest in Phnom Penh over a land dispute of 1,672 hectare with a military police official – a picture from the Phnom Penh Post is accessible here:]

  • The Sam Rainsy Party Supports the Khmer Krom Position [and appealed to the Cambodian government not to cooperate with the Vietnamese government to restrict the freedom of expression of Khmer Krom people]

Rasmei Kampuchea, Vol.18, #5271, 8-9.8.2010

  • Thai Extremists Set a Deadline for the [Thai] Government to Cancel the Memorandum of Understanding [signed in 2000 Cambodia] within Seven Days [otherwise they will protest again in front of the Government House]
  • Cambodia Warned that Thailand Would Become a Lawless Country if It Decided to Cancel the Memorandum of Understanding about Border with Cambodia [Deputy Prime Minister Sok An is quoted to have said so]

Note

1

As the “MoU” is frequently referenced – though we are not aware that it has ever been published in the Khmer press (if it was, we would appreciate information when and where this was done) – we present here its Article V, as it was quoted by the Thai side in the context of the work foreseen in the minutes of the World Heritage Committee about the decision in 2008 to list the Temple of Preah Vihear, saying that the World Heritage Committee

  • “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…”

Memorandum of Understanding between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on the Survey and Demarcation of Land Boundary. 14 June 2000

Article V

To facilitate the effective survey along the entire stretch of the common land boundary, authorities of either Government and their agent shall not carry out any work resulting in changes of environment of the frontier zone, except that which is carried out by the Joint Technical Sub-Commission in the interest of the survey and demarcation.

According to this Article V, certain activities in the border area require mutual coordination and cooperation.

2

It should also be noted that the Thai Prime Minister Abhisit Vejjajiva has no intention to cancel the Memorandum of Understanding about the border with Cambodia. In a live television debate of several hours last Sunday, with representatives of the newly-formed ‘Thailand Patriot Network’ and civil society groups, including some “yellow-shirt” persons from the People’s Alliance for Democracy (PAD), who request the cancellation of the Memorandum of Understanding, the Thai prime minister not only publicly rejected their request during this live TV debate, he also stated again the position of the Thai government to respect the 1962 decision of the International Court of Justice, that the Temple of Preah Vihear belongs to Cambodia and not to Thailand. – What is necessary, he says, is to work according to the Memorandum of Understanding of 2000 on the border.

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend The Mirror also to your colleagues and friends.

Back to top

Read Full Post | Make a Comment ( None so far )

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.

Please recommend The Mirror also to your colleagues and friends.

Back to top

Read Full Post | Make a Comment ( None so far )

The Petrolimex Company of Vietnam Opens a Representative Office in Cambodia – Tuesday, 03.8.2010

Posted on 5 August 2010. Filed under: Week 676 | Tags: , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 676

“The National Oil Corporation of Vietnam, Petrolimex, launched its representative office in Phnom Penh on 2 August 2010.

“During the inauguration, the director of Petrolimex, Mr. Dui Ngoc Bao, said that the representative office has the role to promote the name of the company and to do market research as well as to find trade opportunities for oil, gas, and related products, and other services in Cambodia.

“He added, ‘It is a significant step in our strategy to expand our corporation and to promote our operation on the international market, especially also on the Cambodian market

.”The Minister of Foreign Affairs of Vietnam, Deputy Prime Minister. Pham Gia Khiem [Phạm Gia Khiêm], said that Petrolimex has been operating in Cambodia since 1990, and the oil products this company supply more than half of the oil demands in Cambodia, earning US$700 million each year.

“The Minister of Commerce, Mr. Cham Prasidh, said that this company has supplied oil for local companies in Cambodia for nearly 20 years, and the oil of this company is competitive in quality and in price. He said, ‘Cambodia consumes about 1 million tonnes each year, and 80% of the oil is supplied by Petrolimex. We do not even need to check the quality of the oil, since we know well that the oil produced by the company is of high quality’.

“Mr. Cham Prasidh added, ‘Also Sokimex and Tela buy oil from Petrolimex.’ He went on to say that besides these two companies, Price Victory, Chevron, and Total might also buy oil from Petrolimex.

“He said, ‘The opening of the representative office of Petrolimex in Cambodia is a new step for the oil sector in Cambodia. I encourage the company to open its branch office in Cambodia soon, because it can help advertise the company, though agreements and contracts on operation cannot be signed.’

“The deputy director of Sokimex, which supplies 30% of the market in Cambodit, Mr. Hy Heng, said on 2 August 2010 that Sokimex has bought oil from Petrolimex since 1993, and the representative office to be opened will facilitate his company in contacting Petrolimex.

-“He said, ‘The oil market in Cambodia is very competitive – more than 10 oil companies are operating in Cambodia at present. The representative office of Petrolimex will offer information about the competitive oil market here.'” Phnom Penh Post [Khmer Edition], Vol.1, #228, 3.8.2010

Newspapers Appearing on the Newsstand:
Tuesday, 03 August 2010

Kampuchea Thmey, Vol.9, #2317, 3.8.2010

  • Siamese [Thai] Troops Demanded Khmer Troops to Withdraw from the Veal Intry Area [near the Preah Vihear Temple. Siamese demonstrators warned to demonstrate in front of the Preah Vihear Temple on 7 August 2010]

Koh Santepheap, Vol.43, #7024, 3.8.2010

  • The Minister of Health of Vietnam [Mr. Nguyen Quoc Trieu – Nguyễn Quốc Triệu] Met with Samdech Dekchor Hun Sen [during his visit to strengthen cooperation in the health sector between both countries]

Moneaksekar Khmer, Vol.17, #3948, 3.8.2010

  • Khmers Crossing the Border Illegally to Cut Illegally Trees in Siem [Thailand] Face Torture and Detention, while Yuons [Vietnamese] Coming to Cut Trees Illegally in Cambodia [in Mondolkiri] Were Freed after They Paid US$1,000 in Fines
  • Grade Quality Wood Trading to Yuon [Vietnam] Is Anarchically Active through the Chrey Thom Border Crossing

Nokor Wat, Vol.1, #20, 3.8.2010

  • This Week, 43 People Were Infected with Swine Flu A/H1N1 [according to an official of the Ministry of Health]
  • In the First Six Months of 2010, More Than 100,000 Tonnes of Rice Were Exported [an increase by 2,356% compared with the corresponding period last year]

Phnom Penh Post [Khmer Edition], Vol.1, #228, 3.8.2010

  • Cambodia Warned Thailand That There Will Be Tension if Thailand Continues to Increase the Number of Troops along the Border
  • The Petrolimex Company of Vietnam Opens a Representative Office in Cambodia

Rasmei Kampuchea, Vol.18, #5266, 3.8.2010

  • Cambodia Announced that the Thai Objection Were Not Successful during the Meeting of UNESCO [see also the last Mirror editorial “Preah Vihear – Who Said What and Why” – you can click here]
  • The Ministry of Health of Cambodia and the City of Ho Chi Minh in Vietnam Signed a Memorandum of Understanding [on cooperation to develop human resources and to conduct research]
  • Each Year 20,000 Cambodians Traveled to Receive Medical Treatments in Vietnam [according to the Ministry of Health of Vietnam]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend The Mirror also to your colleagues and friends.

Back to top

Read Full Post | Make a Comment ( 1 so far )

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.”






Please recommend The Mirror
also to your colleagues and friends.


Back to top

Read Full Post | Make a Comment ( 6 so far )

Korea Trade-Investment Promotion Agency: The Exports from Cambodia Increased by 258.7% – Thursday, 29.7.2010

Posted on 30 July 2010. Filed under: Week 675 | Tags: , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 675

“Phnom Penh: The director of the Korea Trade-Investment Promotion Agency said that Cambodian exports to South Korea increased up to 258.7%.

“The director of the Korea Trade-Investment Promotion Agency to Cambodia, Mr. Lee Gwang-Ho, said on 28 July 2010 that investment and trade between Cambodia and Korea increased remarkably within the first six months of 2010.

“He added that the amount of exports from South Korea to Cambodia increased only by 22% while the exports from Cambodia to Korea rose by as much by 258.7% in the first six months of 2010, compared with the corresponding period last year.

“According to figures provided by Mr. Lee Gwang-Ho, though the export of Cambodia to South Korea went up, the total value of export is still low.

“He said, ‘The export from Korea to Cambodia was US$153,462,000, while the export from Cambodia amounted to only US$22,635,000.’

“The products from South Korea exported to Cambodia are mostly textile products in the form of raw materials needed by the garment factories, cars and trucks, garments, food, pesticide, medicines and other substances, tires and spare parts, whereas the products exported from Cambodia to South Korea include garments, forestry products, aluminum, food, machines used in construction, minerals, and shoes.

“According to Mr. Lee Gwang-Ho, by March 2010, Korean investments were still the biggest in Cambodia. The total investments by Korean companies registered is about US$2.7 billion.

“He went on to say that the fields of investment of Korean investors in Cambodia are the following: 52% in real estate, 21% in construction, 7% in the production sector [South Korea establishes production facilities in Cambodia to create products], 3% in the mineral sector, 3% in tourism, 3% in banking, 3% in services, 3% in agriculture, 2% in technical services, and 1% in telecommunication.” Rasmei Kampuchea, Vol.18, #5262, 29.7.2010

Newspapers Appearing on the Newsstand:
Thursday, 29 July 2010

Kampuchea Thmey, Vol.9, #2313, 29.7.2010

  • Almost Ten Persons Armed with Weapons Robbed Documents of Oknha Ly Say Kheang [at his company – Phnom Penh]
  • More Than 3000 Workers of the PCCS Garment Factory Continue to Strike [to demand that the factory re-employ one representative of them; ten of them sustained injuries after a clash with police – Phnom Penh]

Koh Santepheap, Vol.43, #7020, 29.7.2010

  • [About 100] Citizens [representing 225 families] from the San Kor Commune in Kompong Svay District Asked for an Intervention by Samdech Dekchor Hun Sen [near his residence in Phnom Penh; their rice fields of about 821 hectares are to be delivered to a private company by order of a court – Kompong Thom]

Moneaksekar Khmer, Vol.17, #3944, 29.7.2010

  • Google Corrected a Section of Googlemaps [on the Internet] for the Preah Vihear Temple Region after Cambodia had Protested in February [before, half of the temple had been shown to be in Thai territory]
  • The Sam Rainsy Party Condemned that Armed Forces Had Suppressed Workers of the PCCS Garment Factory, Injuring 15 Workers [Phnom Penh]

Nokor Wat, Vol.1, #16, 29.7.2010

  • Siam [Thailand] Warned to Walk Out from the UNESCO Meeting [of the World Heritage Committee if it supports the unilateral Cambodian development plan for the Preah Vihear Temple – the World Heritage Committee had requested that Cambodia should develop a management plan together with Thailand and up to six other countries]
  • Cambodia Has One Million Hectares of Land for Rubber Plantations [according to the head of the Rubber Plantation Department, Mr. Ly Phalla]

Phnom Penh Post [Khmer Edition], Vol.1, #225, 29.7.2010

  • Vietnamese Rubber Plantation Companies Step Up Investments in Cambodia to US$1 Billion [to plant rubber trees on 100,000 hectares]
  • [President of the Cambodian Independent Teachers’ Association] Rong Chhun: The Answers to Test Items [of mathematics of the Grade 12 exam] Leaked on Tuesday Night [in Phnom Penh, Kompong Cham, Svay Rieng, and Sihanoukville; the exam finished on Wednesday 28 July 2010; he planned to send a report to the Ministry of Education]
  • A Plane Crash in Pakistan Killed 150 People

Rasmei Kampuchea, Vol.18, #5262, 29.7.2010

  • Korea Trade-Investment Promotion Agency: The Exports from Cambodia Increased by 258.7%
  • Cambodia Does Not Care about the Decision of the Thai Cabinet That Opposes the Preah Vihear Temple Development Plan
  • Two Big Casinos [Holiday and Kompong Som City] Allow Khmer Citizens to Do Football Betting [while it is prohibited – Sihanoukville]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend The Mirror also to your colleagues and friends.

Back to top

Read Full Post | Make a Comment ( 1 so far )

An Official Said the Visit to Singapore Benefits Cambodia – Wednesday, 28.7.2010

Posted on 29 July 2010. Filed under: Week 675 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 675

“Phnom Penh: The Prime Minister of the Kingdom of Cambodia, Samdech Akkak Moha Senapadei Dekchor Hun Sen, returned to Cambodia in the evening of 27 July 2010, after paying an official visit to the Republic of Singapore for three days.

“At the Phnom Penh International Airport, the Minister of Foreign Affairs and International Cooperation, Mr. Hor Namhong, held a press conference, saying that the visit to Singapore was essential for Cambodia as it benefits Cambodia, since Singapore has a vigorous economic growth. Practically, within the first six months of 2010, Singapore achieved a 17% economic growth. Because Singapore is an important economic partner of Cambodia, both countries’ trade increased within these six months. Trade increased up to 62%, amounting to more than US$1 billion. Also, investments from Singapore are rising.

“During the visit, Samdech Dekchor Hun Sen had discussions with the Singaporean prime minister, and both sides agreed to concentrate on mutual economic development and the exchange of their perspective on regional issues.

“The Cambodian Prime Minister, Samdech Dekchor Hun Sen, made a speech during a business meal, organized by the Ministry of Commerce and Industry of Singapore in the National University of Singapore in the morning of 26 July 2010.

“Samdech Hun Sen invited Singaporean businesspeople, who have never visited Cambodia, to come to study the Cambodian reality, take up investment opportunities, and meet with Cambodian commercial associations to seek partners and to cooperate to contribute to successful results together. He added, ‘You have capital, knowledge, and experience, and with the extensive potential of Cambodia, there are many places and opportunities where both countries’ economies can benefit from each other.’ Samdech Dekchor promised Singaporean investors and businesspeople to facilitate a favorable and friendly business atmosphere, to be widely open for Singaporean investments and businesses.

“Samdech Hun Sen asked Singaporean investors to establish rice milling factories in Cambodia, because Cambodia harvests lots of paddy rice each year, but the export of unprocessed paddy rice makes Cambodia to lose a lot of profits.

“It should be noted that both countries established diplomatic ties in 1965, but severed them in 1975. They were then reestablished in 1992.

“The trade from Singapore to Cambodia in 2009 amounted to more than US$208 million, while the Cambodian export to Singapore was more than US$481 million.

“From 1994 to 2010, the amount of investments from Singapore was more than US$570 million, concentrated in several sectors, such as tourism, industry, agriculture, and infrastructure.” Rasmei Kampuchea, Vol.18, #5261, 28.7.2010

Newspapers Appearing on the Newsstand:
Wednesday, 28 July 2010

Kampuchea Thmey, Vol.9, #2312, 28.7.2010

  • According to the Opinion of His Excellency Hor Namhong [Minister of Foreign Affairs and International Cooperation] the Sentence of Duch [the former Tuol Sleng Prison chief] Is Too Light [he was sentenced for 35 years in jail, but considering his prior imprisonment and a reduction of the penalty, he will serve only up to 19 years]
  • Twelve Foreigners and Two Khmers Were Seriously and Lightly Injured after a Bus Hit a Cow and Overturned [Kompong Thom]

Koh Santepheap, Vol.43, #7019, 28.7.2010

  • Duch’s Verdict Seems to Be Surprisingly Tolerant [based on the impression of Cambodian citizens; according to The New York Times] while the Cambodian Center for Human Rights Said It Is a Model for the Cambodian Courts
  • Workers of the PCCS Garment Factory Strike and Blocked the Russian Federation Boulevard [to demand the factory to re-employ a worker’s representative], but the Authorities Used Force to Disperse Them [Phnom Penh]

Moneaksekar Khmer, Vol.17, #3943, 28.7.2010

  • The Committee for Free and Fair Elections [COMFREL] ((Note: if an Internet access brings up “http://www.comfrel.org/khm/index.php” – by deleting “khm/index.php” the English version of the COMFREL site should appear)) in Cambodia Criticized the Government for Using the Courts to Push the Opposition Party Away from Competition for the Upcoming Elections
  • A US Senator [Mr. John Kerry] and the Sam Rainsy Party Encouraged that an Independent Court Systems Be Established in Order to Eliminate Impunity in Cambodia

Nokor Wat, Vol.1, #15, 28.7.2010

  • [Opposition party parliamentarian] Mu Sochua Praised [the head of the Cambodian Red Cross] Her Excellency Bun Rany Hun Sen [for her effort to protect the honor of Khmer women]
  • The Royal Government Invests in the Improvement of National Road 5 [377 km from Phnom Penh to Banteay Meanchey; responsible for this is the Chamroen Industrial Development company of Cambodia to spend US$500 million; and the width of the road will be enlarged to 15 meters]

Phnom Penh Post [Khmer Edition], Vol.1, #224, 28.7.2010

  • Duch Will Appeal against the Sentence [that convicted him to 35 years in prison] while the World [France, Japan, the USA, and the Office of the United Nations High Commissioner for Human Rights] Welcome the Sentence
  • Ms. Mu Sochua Accepted Money from the Women Movement [collected for her, to compensate Prime Minister Hun Sen, as she lost in a defamation case]
  • The Ministry of Education Warned Dishonest Invigilators [who get bribes from students and allow them to cheat during the Grade 12 exams]

Rasmei Kampuchea, Vol.18, #5261, 28.7.2010

  • An Official Said the Visit to Singapore Benefits Cambodia
  • Regarding Duch’s Verdict, Cambodia Says It Is Not Appropriate while a Foreign Country [France] Says It Is Good
  • [About 1,000] Yellow-Shirt Demonstrators [who protested in front of the UNESCO office in Bangkok] Demanded that the Preah Vihear Temple Is Excluded from the World Heritage List [it is related to the unilateral development plan of Cambodia in the Preah Vihear temple region]

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend The Mirror also to your colleagues and friends.

Back to top

Read Full Post | Make a Comment ( 2 so far )

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

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

The Mirror, Vol. 14, No. 675

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

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

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

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

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

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

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

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

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

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

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

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

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

Newspapers Appearing on the Newsstand:
Tuesday, 27 July 2010

Kampuchea Thmey, Vol.9, #2311, 27.7.2010

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

Koh Santepheap, Vol.43, #7018, 27.7.2010

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

Moneaksekar Khmer, Vol.17, #3942, 27.7.2010

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

Nokor Wat, Vol.1, #14, 27.7.2010

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

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

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

Rasmei Kampuchea, Vol.18, #5260, 27.7.2010

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

Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend The Mirror also to your colleagues and friends.

Back to top

Read Full Post | Make a Comment ( 1 so far )

« Previous Entries

Liked it here?
Why not try sites on the blogroll...