Can Changing Priorities Change the Law? – Sunday, 8.3.2009

Posted on 13 March 2009. Filed under: *Editorial*, Week 602 | Tags: , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 601

Apologies for the delays in publishing – due to my international travel. I try to catch up as soon as possible.

Norbert Klein

The life of a society is not like a mechanism which works according to preset laws of physics or chemistry. The different agents in a society – all the people, and some people with special functions – may see different things getting more important, and they change their mind. But not every change of mind can lead to a change of the rules according to which a society works.

Some of such changes are surprising. We take some examples from quite different fields, just to show that a direction was taken, or a result was reached, which had not been expected at all.

On 22 January 2009, General Ke Kim Yan was removed from his position of Royal Cambodian Armed Forces commander-in-chief by Prime Minister Hun Sen. This had triggered concerns among some generals at military garrisons and at divisions, being afraid that they too might be removed, but Deputy Prime Minister and Minister of Defense Tea Banh had affirmed that there are no such shifts to come -m but they came. Later, on 7 February 2009, we mirrored a report that the Prime Minister had explained that the removal of the commander-in-chief was part of the ongoing military reform. The rumors that there might be more involved showed up in the press on 13 February 2009, claiming that the Prime Minister had ordered to take legal action against Mr. Ke Kim Yan. More detailed information reached the public, when the official Chinese news agency Xinhua reported three days later that the government criticized the press for publishing leaked information (without denying its content). According to the minutes, “the Council of Ministers has been informed and commented on the termination of the position of commander-in-chief of HE Ke Kim Yan based on two reasons: First, reforming the RCAF rank and file by adhering to work effectiveness in the military rank and file. Second, involvement with land issues by a top and powerful person in the military rank and file and doing business by using the name of military for personal gain.” The minutes went on to describe a resolution by the Council of Ministers to have both military and government bodies investigate Ke Kim Yan’s land dealings.

And the end? This week came the final clarification: The Prime Minister announced that Mr. Ke Kim Yan will be the 10th Deputy Prime Minister, heading the drug control administration.

The 14th ASEAN Summit was held from 27 February to 1 March 2009, in Hua Hin, Thailand. After the ASEAN Charter had come into force in December 2008, the summit was under the heading ‘ASEAN Charter for ASEAN Peoples,’ to start a new era of ASEAN with people at the heart of cooperation. It had therefore been expected that the summit would focus on human rights, but the global financial crisis moved up to the top of the agenda.

Nevertheless, it had been foreseen because of this orientation of ASEAN – being for the ASEAN people – some people not from the governments, but from civil society, would also have a chance to meet and to discuss with government leaders. But as it was reported, the government representatives of Cambodia and Myanmar threatened rather to boycott this meeting than to discussion the creation of an ASEAN human rights institution with civil society persons. So the persons from Myanmar and from Cambodia withdrew, in order not to be an obstacle to this important discussion.

Even so, by the end of the summit, it had not been possible to find an agreement about the nomination of an ASEAN human rights commissioner, also the creation of the ASEAN human rights organization did not progress well. The plan originally announced was not achieved.

But the final declaration of the summit continues to uphold the vision of ASEAN as “a rules-based community of shared values and norms, a cohesive peaceful, stable and resilient region with shared responsibility for comprehensive security, as well as a dynamic and outward-looking region in an increasingly integrated and interdependent world.”

The confidence, that events and decision will be proceeding according to set rules, is basic for the stable development not only for an international community like ASEAN, but for every society. That is why the events described above are confusing for the public – for “the people” – because the rules according which events proceeded, and the values and norms applied, are not transparent to the public.

Now there is another field where it is not clear how rules-based proceedings – a state of law, as another terms says – were applied in the closure of the gambling chain CamboSix, which was announced by the Prime Minister on 24 February 2009 during a graduation ceremony, explaining the negative social consequences of gambling. But CamboSix had, after all, a license to operate, issued by the competent authorities of the government, valid until the year 2011. Now, about an estimated number of 6,000 to 8,000 workers lost their jobs, and the Minister of Finance was quoted that though the government had issued a license, there are “no particular contract links between both parties.” But the international partial co-owners see this differently: CamboSix, partly owned by foreign companies, claims to have lost more than US$12 million in investments made before the withdrawal of their license, and they will ask for compensation according to the legal protection provided to investors in general.

Raising this question is not giving an endorsement for gambling. But how is the public to understand this action? Just five days prior to this suspensions, the Secretary of State of the Ministry of Economy and Finance Chea Meng Chhieng had stated the 2009 goals of the state to collect a 12.5% tax, to produce more tax income over the 2008 figures: US$20 million, tax income from all kinds of gambling.

As we had reported on 24 February, the Prime Minister had ordered the Ministry of Economy and Finance to observe all hotels that have entertainment clubs and all types of electronic entertainment centers, as they are required to prohibit Khmer citizens to enter for gambling. “If there is any violation of the rules, like permitting Khmer citizens to enter, the Ministry of Economy and Finance must revoke their licenses and immediately stop their operation within 24 hours.”

Police in Phnom Penh, who do not understand the difference between computer based gambling and computer games, have closed also about 20 of the 160 shops hosting the role-playing game Justice X-War 2, though this is a game where the participants do not bet and cannot win any money. Even the Secretary-General of the government’s National Information Technology Development Authority, Dr. Phu Leewood, was quoted in the Cambodia Daily to regret this confusion: “Gambling is betting, while gaming is not. I used to play games a lot when I was at university.” But shops stay closed, and many people who wanted to register for the upcoming game tournament at the Cambodia ICT World Expo, scheduled for 3 to 5 April 2009, do not dare to come forwards, as they are afraid to be mistaken to be gamblers.

So far, there are many reports how the soccer-betting company CamboSix is affected. Is this regulation also be enforced where a hotel has a gambling room with slot machines? According to recent observations, there does not seem to be such checking in force at the Naga Casino – the biggest such establishment in Phnom Penh.

On 4 September 2007, we had mirrored a Khmer newspaper report that a door was opened too late for a Cambodian 4-Star General to enter the casino, so he called four police vans and had three Malaysian Naga Casino foremen handcuffed – followed by a report one day later that $150,000 were spent for the release of these three Malaysian employees of Naga Casino.

On Friday, we carried a headline that the Prime Minister apologized to the public for the late action of closing gambling institutions. There are also reports that there is an understandable wide public support for this action. It might falter again, if the public will see – as in the past – that the enforcement of sudden government decrees, and the enforcement even of laws, continues to be selective.

In spite of the failure of the recent ASEAN summit to nominate an ASEAN human rights commissioner for the ASEAN human rights organization to be created, the vision of ASEAN as “a rules-based community of shared values and norms” remains as a hope that all member countries will make progress, if this vision is upheld, and will be “peaceful, stable and resilient, as well as dynamic and outward-looking” as the final ASEAN summit document says for the whole community.

Please recommend us also to your colleagues and friends.

Back to top

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

Prime Minister Hun Sen Explains the Change in the Position of the Commander-in-Chief – Saturday, 7.2.2009

Posted on 9 February 2009. Filed under: Week 598 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 598

“Phnom Penh: Rumors about the reasons for the removal, two weeks ago, of General Ke Kim Yan moved Prime Minister Samdech Hun Sen on Friday 6 February 2009 to clearly explain that the removal of the commander-in-chief was part of the ongoing military reform, but it was not the result of internal disputes in the Cambodian People’s Party [CPP], the party ruling the country.

“Speaking to journalists at the Ministry of Foreign Affairs, Samdech Hun Sen said that he is aware that some people say that the removal of the commander-in-chief is to strengthen the forces of Hun Sen and to diminish the forces of Samdech Chea Sim. But Samdech [Hun Sen] added that even if Mr. Ke Kim Yan were still the commander-in-chief, there would be no problem in the CPP.

“Together with this claim, Prime Minister Samdech Hun Sen went on to say that General Ke Kim Yan is still a general, having protection forces for which the government has to be responsible. As for the party’s affairs, Mr. Ke Kim Yan is still a permanent member of the Central Committee of the CPP, and head of a certain working group in Banteay Meanchey.

“With reference to the motions in the CPP, raised in public opinions recently, Prime Minister Samdech Hun Sen stressed that military adjustments are normal in military reforms, when the government wants to improve efficiency, just as in reforms in other sectors. But this time, this is not happening in the form of a slow method, but Samdech Hun Sen wants that it happens faster in order to be in line with the present situation.

“As for the rights of a prime minister, since the time when Samdech took over the office as prime minister for the first time in 1985, Samdech Dekchor Hun Sen said that for all decisions about any reforms or changes in appointments, the prime minister did not need to ask for ideas from the party.

“As mentioned above, Prime Minister Samdech Hun Sen warned opposition groups and accused them of provoking fractional splits among the CPP, using the information about the removal of General Ke Kim Yan as the commander-in-chief.

“Prime Minister Samdech Hun Sen warned, ‘Anyone and any party which dares to interfere in CPP affairs, that person and that party will not have peace. I will fight until your last shelter is no more, like with the Funcinpec in 1997. And now, all commentators, please stop making comments to split the CPP into factions and opposition,’ where Samdech seemed to refer to the Sam Rainsy Party, which nowadays should be able to control their own party members.

“Mr. Yim Sovann added that real military reform has not only to do with the change of persons among the top leadership, but it is also necessary to check the salaries of the military, to check weapons, medicines, and the livelihood of military families. Another point is that all military commanders must be neutral in their attitudes and thinking, and they must not be involved with any political party, in order to avoid conflicts of interest in fulfilling their roles.” Rasmei Kampuchea, Vol.17, #4815, 7.2.2009

Newspapers Appearing on the Newsstand:
Saturday, 7 February 2009

Kampuchea Thmey, Vol.8, #1867, 7.2.2009

  • Cambodia Brewery Limited Issues Alert because some Pressure Containers for Beer [stolen from the factory] Are Pressure-Filled with Oxygen for Hospitals to Treat Patients [and not with carbon dioxyde which goes with beer]
  • [Singaporean and Taiwanese agricultural] Researchers Said Soil in Cambodia Is Pristine Like Offered by God
  • Sri Lanka Offers Amnesty for Tamil Tiger Insurgents If They Surrender
  • Ms. Hilary Clinton Chooses Indonesia for Her First Visit Abroad

Khmer Sthapana, Vol.2, #199, 7.2.2009

  • The Committee for Free and Fair Elections – COMFREL: Parties with Few Seats Have No Opportunity to Express Their Opinion
  • [Around 1,700] Workers of the Sang Yong Garment Factory Strike by Closing the Factory [because the factory has suspended work for two months – Russey Keo, Phnom Penh]

Koh Santepheap, Vol.42, #6572, 7-8.2.2009

  • Prime Minister Hun Sen Explains the Change in the Position of the Commander-in-Chief
  • A British Television Station [Quick Silver or Channel 4] Interviews the Municipal Authorities [about the economic situation and the evictions]
    A Pregnant Woman Is Choked to Death and Her Face Is Cut with Razor Blades in a Room of a Guesthouse [murderer is not yet identified – Siem Reap]
  • Murderers Who Killed Three People by Cutting Their Throats at the Victims’ Home [in Prek Pra commune, Meanchey] Was Arrested [the murderers are husband and wife, they killed to rob the victims who were their close friends]

Moneaksekar Khmer, Vol.16, #3681, 7-8.2.2009

  • The German Ambassador Condemns Hun Sun for Prohibiting Opposition Party Parliamentarian [Ms. Mu Sochua] to Attend the Third Annual Economic Forum [sponsored by the Supreme National Economic Council of the government, supported by the World Bank, the Asia Development Bank, and UNDP]
  • Dey Krahom Residents Protest in Front of the Municipality to Demand US$20,000 Compensation

Rasmei Kampuchea, Vol.17, #4815, 7.2.2009

  • The Siamese [Thai] Prime Minister Never Said that the Territory under the Preah Vihear Temple Belongs to Siam [Thailand – Mr. Abhisit Vejjajiva said so in a press conference about negotiations related to the contested area around the temple]
  • Samdech Hun Sen Told the Thai Minister [of Defense]: ‘It Is a Historic Time to Solve Problems so that the Next Generations No Longer Have Problems’
  • The German Agency GTZ Signed an Agreement Supporting the National Audit Authority’s Development [for the second stage from 2009 to 2011, with assistance of Euro 2 million – approx. US$2.6 million]
  • Note about details of the GTZ engagement from the GTZ web site:

    The “Support to the National Audit Authority” provides technical assistance in Cambodia with the objective to enhance accountability and transparency in the system of Public Finances in Cambodia.

    We are fully aware that the major preconditions for the success of our company are not only the price and quality of the services we provide, but also our good reputation and our integrity. Integrity is rooted in the company’s philosophy and is of personal significance to all staff. Our Code of Conduct comprises rules on how to deal with conflicts of interest and to avoid corruption.

    The message we send out is that rather than seeing corruption as a necessary evil or a by-product of work processes, we are strongly committed to fighting it. The best way to combat corruption has always been to bring it out into the public.

    Everyone engaged in the fight against corruption must help to uncover corruption in every shape and form.

    GTZ has appointed the lawyer Dr Joussen as its Ombudsman.

    Dr. Edgar Joussen
    Bleibtreustrasse 1
    10623 Berlin, Germany
    Tel.: +49 700 66283762, Fax: +49 30 31518744
    E-mail: ra-js@ra-js.de

    Dr. Edgar Joussen runs his own legal office in Berlin and is a bank clerk by training. He has specialised in anti-corruption consulting for many years. In 2000 he also began advising Deutsche Bahn AG.
    The Ombudsman is a point of contact and an advisor on corruption-related matters for GTZ’s staff and business partners.

    Dr. Joussen may be contacted by phone, mail, fax or e-mail. A personal meeting will be arranged where appropriate.

  • India Promises to Continue to Support Cooperation in the National Defense Sector with Cambodia
  • High Ranking Military Officer [unnamed three-star general] Is Sued for Adultery
  • [The president of the Cambodian Independent Teachers’ Association] Rong Chhun Sends two Letters to International Organizations [International Education Organization and International Labor Organization] about the Transfer of the President Cambodian Independent Teachers’ Association in Kompong Thom [Mr. Sun Thun was transfered for political reasons from Triel High School to teach at a lower secondary school]
  • Cambodia Will Ask UNESCO to List the Chapei [a Cambodian long-necked lute – not clear if the instrument, or if Mr. Kong Nai as one of the last living masters, under the category of Living Human Treasure] and Lakhon Khol [all-male. Cambodian masked dance theater], after Angkor and the Temple of Preah Vihear [by UNESCO as World Heritage], and Sbek Thom – Khmer Shadow Theater] and the Royal Ballet of Cambodia Were Listed [by UNESCO as Intangible Cultural Heritage of Humanity]

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

And please recommend us also to your colleagues and friends.


Back to top

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

Charge d’Affaires of the Delegation of the European Commission to Cambodia Rafael Dochao Moreno: Cambodia Is on the Reform Track, and Reforms Are Crucial – Tuesday, 3.2.2009

Posted on 4 February 2009. Filed under: Week 598 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 598

“Phnom Penh: The cooperation between the Cambodian government and the Delegation of the European Commission to Cambodia was broadened towards civil society, and the European Commission is an important development partner of the government. A reporter of Rasmei Kampuchea, Mr. Yin Leangkong, had an interview with the Chargé d’Affaires of the Delegation of the European Commission to Cambodia, Mr. Rafael Dochao Moreno, to analyze these relations.

Rasmei Kampuchea: What improvements regarding relations of cooperation between the European Union [a political and economic union of 27 member states] and the Cambodian government do you see in recent years?

The Chargé d’Affaires: The relations between the European Union and the Cambodian government grew very well during these recent years, while we had significant economic and technical cooperation with the Cambodian government. Last year, we sent an observer mission to Cambodia in order to participate in observing the elections. Through the election observer mission of the European Union, we created some recommendations from the observations, and those recommendations were supported not only by civil society, but also by the Cambodian government and different opposition parties. Therefore, both groups – civil society and the Cambodian government – supported the position of the European Union regarding the elections.

Rasmei Kampuchea: What problems do you consider to be challenges between the European Commission and the Cambodian government?

The Chargé d’Affaires: Being partners, we always worked together and discussed with one another, and also we provided aid to the Cambodian government. Actually, we are not always satisfied with all what the Cambodian government has done, but also, we do not think that all what the government has done is mostly wrong. Our position is to offer support to reform programs of the Royal Government of Cambodia. We also follow with interest the slow reform progress, which has not accomplished what we had hoped for, for example, the adoption of an anti-corruption law is very slow. But we know also that the Royal Government of Cambodia is making efforts to encourage this work to move ahead.

“The European Union is also concerned about the forced evictions by using such force. Like the recent Dey Krahom case, we discussed it also with the Royal Government of Cambodia to find solutions for this problem, and we will continue to meet and discuss eviction problems, and the guarantee of the rule of law in Cambodia.

Rasmei Kampuchea: Do you consider such evictions to be part of corruption in the government?

The Chargé d’Affaires: It is a difficult problem, and I cannot answer this question, but I would like to emphasize that what we want to see is the rule of law. It is known that the European Commission has assisted Cambodia in many different sectors. For instance, we help the Khmer Rouge Tribunal’s proceedings, seeing that international standards of law have been established. We support also good governance in different sectors in Cambodia.

“Regarding the evictions, I am really concerned about the use of force in evictions, and we are concerned that there has to be support for the rule of law, leading to justice and fairness in compensations for the various families living there.

Rasmei Kampuchea: Together with the progress of this cooperation, the relations have also faced problems. What do you think can be done to make the cooperation between both sides smooth?

The Chargé d’Affaires: What is important is that we focus on bilateral discussions between the European Union and the Royal Government of Cambodia. I would like to mention three significant events: First, last November, we had regular and official discussions about human rights, good governance, and democracy. Second, we will discuss cooperation between the European Union and the Royal Government of Cambodia, to know what factors need to be improved. Third, we will provide support for different sectors through this cooperation, such as human rights, rural development, health, and education. In March, there will be a joint meeting between Cambodia and the European Commission, in order to further strengthen partnership, and make it smoother – which are the points for our eventual discussions.

Rasmei Kampuchea: Regarding the progress of democracy in Cambodia, do you think that Cambodia is on the right track?

The Chargé d’Affaires: Cambodia is on a track of reforms, and theses reforms are crucial. I would like to refer to the experience of Spain [the home country of Mr. Rafael Dochao Moreno]. From 1939 to 1975, this country was under the control of the Dictator Franco, and during that period, the court system was very corrupt. However, after he died, Spain undertook reforms towards a just court system and a new administration system, but it took many years to improve the situation. Likewise, Cambodia needs much time to achieve these high goals, and it might take a generation.

“It is important that these reforms are started from the schools. Teachers need better salaries, and judges have to earn higher salaries in order to crack down on corruption, and all of us have to start working together to weed out corruption.

Rasmei Kampuchea: According to your point of view, is Cambodia already on the right track towards those positive goals?

The Chargé d’Affaires: We have sponsored and supported by funding programs for education through the Ministry of Education, Youth and Sport. We do not grant monetary resources to build schools, but we support, both with funds and training, to expand the capability of education officials, like through accounting skill, financial management, and audits. As for the education sector in Cambodia, I can say that it is on the right track, and that is why we continue supporting this sector.

Rasmei Kampuchea: In May, Cambodia will hold provincial and city council elections. Has the Cambodian government requested funds or experts from the European Union?

The Chargé d’Affaires: We have not received any request from the government, asking for funds for the elections. But after the general elections in July 2008, we provided two experts to help the National Election Committee technically – one person helps with the legal section, and the other one helps with the publishing system. This support is provided for six to eight months. As we knew, there is much work that we have to do as stated in reports of the election observer missions, in order to assure independence and trustworthiness of the National Election Committee.

Rasmei Kampuchea: Some people think that the provincial and city elections are useless. What do you think? Are they useful for the progress of democracy or not?

The Chargé d’Affaires: I cannot say whether they are useful or not, but what I think is that the European Union provides support for decentralization and deconcentration. Therefore, any work contributing to encourage decentralization and deconcentration is good.

Rasmei Kampuchea: Relating to Siem Reap Airlines which has been black-listed in the European Union since late 2008, what is its process?

The Chargé d’Affaires: We got a report in late 2008 from a direct assessment by a group of the International Civil Aviation Organization that came to assess different safety systems, and they released a report saying that the safety systems in Cambodia need improvements. The report was sent also to the Royal Government of Cambodia for consideration. In November 2008, the European Union held a meeting with the Cambodian government to hear responses to the problems found. According to reports from member countries, the European Union decided to put Siem Reap Airlines on a blacklist, so that flights are not allowed to Europe, and this company had to halt their activities until now. What we want to see is that there should be assurances from the Royal Government of Cambodia and from Siem Reap Airlines about their safety and security procedures, before we remove it from the blacklist.” Rasmei Kampuchea, Vol.17, #4811, 3.2.2009

Newspapers Appearing on the Newsstand:
Tuesday, 3 February 2009

Deum Ampil, Vol.3, #111, 3-4.2.2009

  • An Economist [the director of the Cambodia Development Resource Institute, Mr. Chan Sophal]: The Government Has to Prepare More Money to Encourage Local Products and to Export Goods
  • A Clay Grinding Machine Seizes [left] Hand of a Woman [a kiln worker – Siem Reap]

Khmer Aphivoath Sethakech, Vol.7, #333, 3.2.2009

  • Funcinpec and the Norodom Ranariddh Party Form Alliance to Compete Together for Seats in the Future
  • 25 Houses Behind the Tuol Sangkae Electricity Power Station Were Destroyed [by fire – Russey Keo, Phnom Penh]

Kampuchea Thmey, Vol.8, #1863, 3.2.2009

  • Construction of the Kbal Thnol Elevated Road Will Begin in April, at a Cost of US$6 Million [Phnom Penh]
  • 20 Trainees Go to Japan to Study Human Resources Development in the Health Sector and in Medical Treatment Services
  • Mr. Obama Will Start Direct Negotiations with Iran and Syria

Khmer Sthapana, Vol.2, #195, 3.2.2009

  • The National Bank Decreases the Bank Reserve Rate [from 16% to 12%] for Private Banks so that They Can Provide Loans to Reinvest in Real Estate

Koh Santepheap, Vol.42, #668, 3.2.2009

  • German [parliament] Delegation Wants to See Opposition Parties in Commissions of the National Assembly; [the chairperson of the parliamentary Commission on Economy, Finance, and Audits] Mr. Cheam Yeap: He Had Let Them to Join, but They Disagreed [as they have no responsibility for any commission – while the German delegation shared their experience that opposition parties also lead commissions so that all parties have to work together]
  • The 7NG Company Distributes Donations to Former Dey Krahom Residents [of 79 families who had recently agreed to receive a small house far away as compensation in Dangkao district after the eviction, and calls on the rest of 12 families to accept this also]

Moneaksekar Khmer, Vol.16, #3677, 3.2.2009

  • 42 Court Officials [including the president of the Supreme Court, Mr. Dith Munty, and the prosecutor of the Supreme Court, Mr. Ouk Vithun] and 27 Generals Are Sent into Retirement
  • An English Television [Channel 4] Reported that Many Foreign Companies Are Seeking to Acquire Land in Cambodia

Rasmei Kampuchea, Vol.17, #4811, 3.2.2009

  • Chargé d’Affaires of the Delegation of the European Commission to Cambodia Rafael Dochao Moreno: Cambodia Is on the Reform Track, and Reforms Are Crucial
  • Cambodians Become Fisher Slaves in the Sea of Thailand [theguardianweekly global network published an article with the title Forced to Fish: Cambodia’s Sea Slaves]
  • Cambodia Will Demand Thailand in a Bangkok Meeting to Define a Specific Date to Put Preah Vihear Border Markers [though there is no mutual agreement where to put them]

  • Hungary Will Forgive 50% of the Loans given to Cambodia and Change the Remaining 50% into Grant Aid [no amounts mentioned]
  • Samdech Dekchor Hun Sen Asks the Federal Republic of Germany to Assist in Legal and Court Reforms
  • The Government Closes the Sexy Apsara Paintings Website

    Note: It is an unclear situation, because the government has not issued a widely and publicly known banning order, and not all Internet service providers in Cambodia are blocking the site. – See the Mirror editorial from last Sunday here.]

  • 352 Species of Animals Are Found Living in the Region where the Kirirom 3 Hydro-Electric Dam Is to Be Built [there is concern that this plan will affect the shelter of the animals living in that 1,118 hectares of forest land]
  • Pictures of Carnivore and Herbivore Dinosaurs Found on Angkor and Bayon Walls

Samleng Yuvachun Khmer, Vol.16, #3479, 3.2.2009

  • [Thai Prime Minister] Abhisit Government Rejects 15-Day Ultimatum [for the premier to resign] by Pro-[ousted former Thai Prime Minister]-Thaksin Red-Shirt Demonstrators

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

And please recommend us also to your colleagues and friends.


Back to top

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

Thursday, 29.5.2008: Legal and Judicial Reform Remain Main Problems for Cambodia

Posted on 30 May 2008. Filed under: Week 562 | Tags: , , , , , , , , |

The Mirror, Vol. 12, No. 562

“Phnom Penh: The Senate of Cambodia, in cooperation with the Konrad Adenauer Foundation and the Center for International Migration and Development, held a conference about ‘Legal and Judicial Reform for the Modernization of the Kingdom of Cambodia’ on 27 May 2008.

The chairperson of the Commission on Legislation and the Judiciary of the Senate, Mr. Ouk Bunchhoeun, stated, ‘The main problems for our commission to deal with are the legal and judicial reforms towards modernization.’

“Mr. Ouk Bunchhoeun said that strategies for reforms in the fields of legislation and of the judiciary were adopted by the Royal Government in June 2003, to consider four basic areas: individual rights, democracy, the separation of powers, and legislation [cf. the address on ‘Doctrine of Precedents, Separation of Powers, Checks and Balances‘ by Minister Sok An at a ‘Workshop on National Vision and Priorities on the Rule of Law and Judicial Reform,’ 10-11 June 2002].

“Mr. Ouk Bunchhoeun hopes that the Royal Government will speed up the reforms on legislation and the judiciary, and also push to take policy initiatives to promote the wider provision of legal and judicial services, which are key conditions for a continuous development of social justice and for poverty alleviation.

“Mr. Kong Phaleak, a professor of law and a member of the Arbitration Council, mentioned that the legal and judicial reform process in Cambodia, from the past until now, has four main concerns: the general view of the legal and of the judiciary reforms, strategies for organizing the reforms, the implementation of the reforms, and the results of the implementation of the legal and judiciary reforms.

“The professor said that the general view of the legal and judiciary reforms is related to the political will of the Royal Government of Cambodia, where a Council for Legal and Judicial Reform was created in 2002. A permanent coordinating unit was created in 2002, and a project management unit was also created in 2002.

“Mr. Kong Phaleak stressed that the goal of the legal and judicial reforms is to create a state of law and a court system which can be trusted and which have the necessary stability to support the policies of individual rights, the separation of powers, and of the legislative process.

“The professor raised the question, ‘What should be done to achieve the goal of the legal and judicial reforms?’ Strategies for organizing the legal and judicial reforms have to consider basic values when organizing related documents, and these involve the four basic considerations of the Constitution of 1993: those views are individual rights, democracy, the separation of powers, and the constitution itself.

“The President of the Royal Academy for the Legal Professions, Mr. Tep Darong, intervened by pointing to the fact that the law is a tool which plays a most important role to guarantee economic growth, the progress of politics, of the culture, and of many other sectors.

“Mr. Tep Darong stated that a large number of judges and prosecutors working in the courts countrywide were not educated in professional legal educational institutions. Their basic capacity is low, which makes it difficult to implement important laws which will be adopted soon.

“Dr. Jörg Menzel, a Senior Legal Advisor to the Senate, said that in the process of the legal and judicial reforms in Cambodia, one should look and focus on minor points and start from there.

“Dr. Menzel raised as an example that now, when traveling at night and the traffic light is red, still there are vehicles crossing. At this point it is necessary to think what people should do when there are traffic lights, but people do not obey them.

“A Senate member from the Sam Rainsy Party, Mr. Kong Korm, said that so far, legal and judicial reforms have not yet clearly focused on the separation of the legislative, the executive, and the judicial powers, as well as on the decentralization policy – all this is very difficult.

“Mr. Tep Darong explained that so far, the separation of the three powers has not yet been clearly established, i.e. the separation is still weak.

The Constitution of the Kingdom of Cambodia:

Article 128:
The Judicial power shall be an independent power…

Article 130:
Judicial power shall not be granted to the legislative or executive branches.

“He affirmed that if we want to achieve the separation of powers, we have to wait until an elected party fully adopt that absolute principle of law. Talking about decentralization, a part of the [executive] power is transferred to the communes, but this is not the whole power.

“He added that the reason why the Royal Government proceeds step by step is that the capacity for training for commune councilors is limited, and most of the commune councilors have a low level of knowledge.” Rasmei Kampuchea, Vol.16, #4601, 29.5.2008

Newspapers Appearing on the Newsstand:
Thursday, 29 May 2008


Cambodge Soir, Vol.1, #27, 29-4.5-6.2008

  • ‘If We Can Reduce Domestic Violence, the Number of Divorces Will Also Decline’ [says Director of the Cambodian League for the Promotion and Defense of Human Rights – LICADHO – Dr. Kek Galabru]


Chuoy Khmer, Vol.2, #108, 29.5.2008

  • [Municipal Governor] Kep Chuktema Is Successful in Moving Citizens from Expensive Areas to Suburbs [where there is no development, and the very poor infrastructure makes it difficult for them to live there]


Deum Tnot, Vol.1, #18, 29-30.5.2008

  • Minister of Social Affairs and Labor H.E. Ith Sam Heng and the Director of a Department of the Ministry of Social Affairs and Labor Mr. Chea Son Have Been Criticized over Their Partisanship [nepotism in employment]
  • Rubbish Piles of the CINTRI Company [rubbish collection] Destroy the Beauty and Reputation of Phnom Penh, the Heart of the Country


Kampuchea Thmey, Vol.7, #1653, 29.5.2008

  • There Are Some Reactions [from the Sam Rainsy Party, the Norodom Ranariddh Party, and Funcinpec] Related to the Survey Results of the [US bases] International Republican Institute [which show that 77% of citizens think that the government walks in the right direction]
  • [Human Rights Party president] Kem Sokha Will Hold a Farmers Congress on 30 May, but Some in Civil Society Said It Is Political Trick


Khmer Machas Srok, Vol.2, #164, 29.5.2008

  • Former Yuon [Vietnamese] Expert [Mr. Uy Tin] Talked about the Invasion by Yuon Soldiers into Cambodia [in 1979 – he said that the war in Cambodia by Vietnam was caused by China, he accused China to have urged the Khmer Rouge to fight against Vietnam in order to weaken Vietnam, which had just been united after the war against the US]


Koh Santepheap, Vol.41, #6357, 29.5.2008

  • Samdech Dekchor [Hun Sen]: Some Developing Partners Are not Qualified because They Believe Other Reports and Do Not Ask the Government
  • The House Arrest of [Burmese elected democracy leader] Ms. Aung San Suu Kyi Was Extended for One More Year [on Tuesday, 27 May 2008]


Moneaksekar Khmer, Vol.15, #3472, 29.5.2008

  • The US Checks the Possibility to Provide Funds to the Khmer Rouge Tribunal


Rasmei Kampuchea, Vol.16, #4601, 29.5.2008

  • Samdech Dekchor: ‘Reforms Are Crucial to Make the Royal Government to Die or to Live’ [he said so on 28 May 2008 in the annual review meeting on financial reform]
  • Legal and Judicial Reform Remain Main Problems for Cambodia
  • The Ministry of Public Works and Transport Called the Sou Guon [phonetic] Company to Evaluate the Use of Old Trucks [which cause many problems on the roads]


Samleng Yuvachun Khmer, Vol.15, #3320, 29.5.2008

  • Samdech Krom Preah [Norodom Ranariddh]: Hun Sen Wants to Take Me to Prey Sar Prison, so Why Not they Arrest Murderers Murdering Film Stars, Singers, and Politicians?


Sralanh Khmer, Vol.3, #666, 29.5.2008

  • Poipet Immigration Police Cause Damage to Khmer Laborers [by extorting money from Khmer poor laborers]

Have a look at last week’s editorial: The oil price spiral – special investments – and a comparison of the activities in Myanmar and China

Back to top

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

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