Civil Society: The National Anti-Corruption Council Is Not an Independent Institution and the Nomination of Officials Is Politically Oriented – Wednesday, 16.6.2010

Posted on 17 June 2010. Filed under: Week 669 | Tags: , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 669

“Officials of some important civil society organizations in Cambodia do not trust that officials of the National Anti-Corruption Council, that held the first meeting at the Council of Ministers yesterday, can function properly, saying, ‘The National Anti-Corruption Council is not an independent institution, but it is politically oriented.

“The president of Cambodian Human Rights and Development Association [ADHOC], Mr. Thun Saray, said, ‘Civil society organizations do not think the institution is dependent, and as we had said before, this institution is composed of people appointed based on their political orientation.

“Also, the executive director of the Cambodia Defenders Project, Mr. Sok Sam Oeun, said that he could not say whether this newly created National Anti-Corruption Council can operate effectively to fight corruption.

“He noticed that the members of the council are persons with similar faces, adding, ‘It is just like the same car driven by the same drivers, but just it is painted with a new color to appear a bit nicer.’

“So far, both the Anti-Corruption Unit and the National Anti-Corruption Council do not seem to have earned the full support from the general public.

“Mr. Om Yentieng, becoming a member of the National Anti-Corruption Council automatically, as he has been nominated as head of the Anti-Corruption Unit last week, said that the eleven members of the National Anti-Corruption Council have now been appointed.

“A senior official of the Sam Rainsy Party thinks that Mr. Om Yentieng, nominated by the Prime Minister as the head of the Anti-Corruption Unit, will not be able to work effectively.

“Answering journalists questions regarding the appointment of Mr. Om Yentieng as head of the new Anti-Corruption Unit by Mr. Hun Sen’s government, a Sam Rainsy party parliamentarian and spokesperson of the party, Mr. Yim Sovann, said that he does not believe there will be a change in the fight against corruption.

“Mr. Yim Sovann added, ‘I think that corruption will not decline when Mr. Om Yentieng is the head of the new Anti-Corruption Unit at the Council of Ministers.’

“Mr. Yim Sovann noticed that corruption has spread further, adding ‘I believe that there is no change in the fight against corruption.’

“It should be noted that, according to the anti-corruption law signed by the King of the Kingdom of Cambodia in March 2010, the National Anti-Corruption Council must have eleven members assigned by the National Assembly, the Senate, the King, the government, the National Audit Authority, the Ministry of Parliamentary Affairs and Inspection, and the Human Rights Committee of the government.

“That law states that other duties of the council are to check the operations of the Anti-Corruption Unit, the investigators, and to report to Prime Minister Hun Sen to make final decisions.

“The president of ADHOC, Mr. Thun Saray, told reporters on Monday that civil society organizations will closely observe the activities of this institution.” Khmer Machas Srok, Vol.4, #682, 16.6.2010

Newspapers Appearing on the Newsstand:
Wednesday, 16 June 2010

Deum Ampil, Vol.4, #505, 16.6.2010

  • Cambodia for the First Time Will Have a National Arbitration Center to Solve Commercial Disputes [and to promote trust in the field of commerce – according to the Minister of Commerce, Mr. Cham Prasidh]
  • The Medical Ship USNS Mercy [of the United States of America navy] Comes to Provide Free Treatment to Khmer Citizens

Kampuchea Thmey, Vol.9, #2276, 16.6.2010

  • The National Anti-Corruption Council Is Established
  • [The Minister of Foreign Affairs and International Cooperation] His Excellency Hor Namhong Declared Victory in the Case with [the opposition party president] Mr. Sam Rainsy in France [who accused Mr. Hor Namhong as having been involved in killing people during Khmer Rouge regime while he was in Boeng Trabaek prison; Mr. Hor Namhong demanded only Euro 1 or approx.US$1.25 as a symbolic compensation from Mr. Sam Rainsy]

Khmer Amatak, Vol.11, #780, 16.6.2010

  • The US Department of State Upgraded Cambodia to the Tier 2 in the Fight of Human Trafficking and Excluded Cambodia from the Tier 2 Watch List [on human trafficking]

Khmer Machas Srok, Vol.4, #682, 16.6.2010

Koh Santepheap, Vol.43, #6983, 16.6.2010

  • In a Horrific Tragedy, an Old Man and an Old Woman together with Their Son Were Murdered at Night [perpetrators are not yet identified – Kompong Speu]

Phnom Penh Post [Khmer Edition], Vol.1, #194, 16.6.2010

  • The Authorities Blocked Land Dispute Protesters [about 200 persons from different provinces and cities] to Hand Over a Petition to the Prime Minister [to ask for his intervention]
  • Samdech Euv [the former King]: My Visit [at the end of June] to Vietnam Is Private [he said so, as he retired and does not enter into politics and does not handle diplomatic affairs; earlier on, the Sam Rainsy Party had asked him to mention the irregularities over the putting of border markers with Vietnam during his visit]

Rasmei Kampuchea, Vol.18, #5225, 16.6.2010

  • The Staff Member of the Cabinet of the Prime Minister Accepted a Petition that Police Prevented from Being Carried to Samdech Hun Sen’s Residence [the petition was brought by about 200 land dispute protesters from different provinces and cities]
  • Delegations of the Supreme Audit Institutions of Cambodia, Laos, and Vietnam Met to Promote Good Governance in Public Affairs [Phnom Penh]

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Opposition Party Parliamentarians and Civil Society Officials Stated that the Government Does Not Implement the Constitution – Friday, 30.10.2009

Posted on 31 October 2009. Filed under: Week 636 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 636

“On the occasion of the 5th Coronation Day of Preah Karuna Samdech Preah Boromneath Norodom Sihamoni, high ranking officials from the opposition parties, who are parliamentarians, and national and international observers, pointed to the Cambodian government’s obligation and need to implement the supreme law of the country by creating and reforming at least two institutions of Cambodia.

“A parliamentarian from the Sam Rainsy Party, Mr. Son Chhay, agrees with the idea of an international observer, Mr. Lao Mong Hay, and of a civil society official of Cambodia as well of a parliamentarian [from the Human Rights Party], Mr. Kem Sokha over the duty that the King at present fulfills, especially the idea that the government must create and progress two supreme institutions led by the King.

From the Constitution of the Kingdom of Cambodia

Article 23:
The King is the Supreme Commander of the Royal Khmer Armed Forces. A Commander-in-Chief of the Royal Khmer Armed Forces shall be appointed to command the Armed Forces.

Article 24:
The King shall serve as Chairman of the Supreme Council of National Defense to be established by law.

“Mr. Son Chhay, a leader of the Sam Rainsy parliamentarians, said, ‘I hope that Cambodia will in the future create a Supreme Council of National Defense which, according to the Constitution, must be under the presidency of the King with the role as Chairman of that Supreme Council of National Defense.’

“Mr. Son Chhay agreed with a statement of a senior researcher of the Asian Human Rights Commission based in Hong Kong, Mr. Lao Mong Hay, in this point.

“Dr. Lao Mong Hay sees an obligation of the government, as stipulated in the Constitution of Cambodia, to create a Supreme Council of National Defense with the King as Chairman. So far, according to a statement of Mr. Lao Mong Hay, the government formed by the Cambodian People’s Party, with Mr. Hun Sen as the Prime Minister, has not discussed the creation of a Supreme Council of National Defense under the oversight by the King.

“Everything in the defense sector is seen being organized and decided directly by Prime Minister Hun Sen. This leads to criticism that the defense system of Cambodia is not conform with the Constitution of the country, which states the need to establish a Supreme Council of National Defense led by the King.

“The founder of the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) – a large human rights organization in Cambodia, Ms. Pong Chhiv Kek [also known as Dr. Kek Galabru], said that in the five years since the coronation of Preah Karuna Preah Bath Norodom Sihamoni, it is seen by the public that in general, he cares for humanitarian affairs for his citizens. She expressed her concern related to a point of the Constitution which says that the King takes the thrown, but does not take the power.

From the Constitution of the Kingdom of Cambodia

Article 7:
The King of Cambodia shall reign but shall not govern.
The King shall be the Head of State for life. The King shall be inviolable.

Article 8:
The King of Cambodia shall be a symbol of unity and eternity of the nation.
The King shall be guarantor of the national independence, sovereignty, and territorial integrity of the Kingdom of Cambodia, the protector of rights and freedom for all citizens and the guarantor of international treaties.

“Ms. Pong Chhiv Kek said, ‘I regret that the Constitution states that the King reigns, but is not involved in political affairs, so that he could fulfill many other duties according to the constitution.’

“The Constitution of Cambodia stipulates that the King of Cambodia shall reign but shall not govern, though, according to another article, it makes the King responsible for the territorial integrity of Cambodia, for the protection of the rights and the freedom for all citizens, and for an independent court system, though he does not have the power to decide anything, and can only be burdened by the mistakes decided upon by the government.

“A parliamentarian and president of the Human Rights Party, Mr. Kem Sokha, noted also the point in the Constitution which states that the King must not be involved in politics, and that the King does not have power, as at present, the power is controlled by the government. According to his opinion, the King should be given the possibility to ensure the respect for human rights and the independence of the court system, as well as the right to pardon journalists and human rights activists who are jailed by government authorities. He stressed that at present, unless there is request from the government, the King does not decide to an amnesty, but Mr. Kem Sokha thinks that the government should not prevent the King from granting an amnesty.

From the Constitution of the Kingdom of Cambodia

Article 27:
The King shall have the right to grant partial or complete amnesty.

“Senior politicians from the opposition parties and from civil society organization official expressed their ideas under the impression that the King seems to be restricted in fulfilling his duties which are stated as his rights, as stated in the Constitution, to help his people.

“Besides expressing good wishes to the King at the 5th Coronation Day after he succeeded his father, some scholars want to see the country’s Constitution implemented properly by the government, like by organizing the National Congress, which, as stated by the supreme law of Cambodia, is to be held annually under the chairmanship of the King. It is an event to remember the National Congress held by the current King’s father, Samdech Preah Norodom Sihanouk, to provide an opportunity for the citizens to express their concerns, hopes, and wishes, as well as to question the prime minister about how the country is ruled, while now, the Cambodian People’s Party government, especially Prime Minister Hun Sen, said that it is not possible to hold such a congress.

From the Constitution of the Kingdom of Cambodia

Article :
Article 147:
The National Congress shall enable the people to be directly informed on various matters of national interests and to raise issues and requests for the State authority to solve.
Khmer citizens of both sexes shall have the right to participate in the National Congress.
Article 148:
The National Congress shall meet once a year in early December at the convocation of the Prime Minister.
It shall proceed under the chairmanship of the King.
Article 149:
The National Congress adopts recommendations to the Senate and the National Assembly, and to the Executive branch for reflection.
The organization and operation of the National Congress should be determined by law.

“But according to the Sam Rainsy Party and the Human Right Party, and to national and international observers, the government could do what is stated in the Constitution, if the government had a real intention to do it.” Khmer Machas Srok, Vol.3, #520, 30.10.2009

.

Newspapers Appearing on the Newsstand:
Friday, 30 October 2009

Deum Ampil, Vol.3, #323, 29.10.2009

  • About 20% of Cambodian Citizens Live under the Threat of Food Insecurity [because of the rising prices of food, the economic crisis, and natural disaster which bring more burden; according to an under-secretary of state of the Ministry of Agriculture, Forestry, and Fisheries]
  • The Number of People Who Died from A/H1N1 Infection Increased to 4, and there Are 239 Infected People
  • This Year, 391 Boats and 25,501 Boat Racers Will Join for the Competitions [at the Water Festival]

Kampuchea Thmey, Vol.8, #2085, 29.10.2009

  • [The Thai ousted prime minister] Mr. Thaksin Shinawatra Plans to Come to Cambodia Soon to Thank Samdech Dekchor Hun Sen [but a date has not yet been specified; according to the Bangkok Post]

Khmer Amatak, Vol.3, #668, 29.10.2009

  • [The Sam Rainsy Party parliamentarian] Mu Sochua Continues to Seek Justice [over a defamation sentence] at the Supreme Court, before Paying a Fine [Riel 16.5 million, approx. US$4,100] to [Prime Minister] Hun Sen

Khmer Machas Srok, Vol.3, #520, 30.10.2009

  • Opposition Party Parliamentarians and Civil Society Officials Stated that the Government Does Not Implement the Constitution

Koh Santepheap, Vol.42, #6792, 30.10.2009

  • Reaction from the Cambodian Embassy: The Nation Makes Nonsense and Makes Itself Disreputable [a response to an editorial of the Thai newspaper, The Nation, published on 25 October 2009, claiming that some words in that editorial insulted Prime Minister Hun Sen, by saying, ‘You can take a man out of the forest, but you cannot take the forest from that man…’]
  • A Man Who Threatened Mr. Soy Sopheap [a CTN television presenter and the director of Deum Ampil] via Phone Was Detained [Phnom Penh]

Phnom Penh Post [Khmer Edition], Vol.1, #36-37, 29-30.10.2009

  • Orphanages Care for More Than 10,000 Children [at present there are 221 orphanages, 21 of them belong to the state]
  • The Government Will Provide Social Concession Land [more than 20,000 hectares] to Veterans and Families of Dead Militants
  • Among 100 Real Estate Companies, Only 38 Have Licenses [the unlicensed companies will be charged Riel 5 million, approx. US$1,250]

Rasmei Kampuchea, Vol.17, #5033-5034, 29-30.10.2009

  • The Appeals Court Decided to Uphold the Conviction of the [Sam Rainsy Party parliamentarian] Ms. Mu Sochua for Defamation against the Prime Minister [though her defamation suit against the Prime Minister had not been dealt with by the court
  • Samdech Dekchor Hun Sen Asked the United Nations to Assist in Overcoming the Impacts of the Typhoon Ketsana
  • A French Delegation Will Visit Cambodia at the End of This Month [to strengthen the Cambodian-French friendship]

.

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Positions of Judges, of Prosecutors, and of Clerks Are Reformed on a Large Scale – Wednesday, 14.1.2009

Posted on 15 January 2009. Filed under: Week 595 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

On Monday, 12 January 2009, we had the 100,000th visit to the Mirror – starting from January 2007.

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The Mirror, Vol. 13, No. 595

“Phnom Penh: The fourth term Royal Government starts to implement reform strategies for the court system as the first priority by beginning to change the positions of judges, of prosecutors, and of clerks countrywide on a large scale.

“The Minister of Justice, Mr. Ang Vong Vathana, told the Kampuchea Thmey that the Royal Government plans to reshuffle court leaders countrywide, but not depending on wrongdoing as the only reason.

“He said that the reform of the court system was made the first priority in order to be in line with the political mechanisms of the new term Royal Government in the second phase of the Rectangular Strategy.

“He went on to say that as the basis of good governance it is necessary to build the legal basis; if the resources of those who implement the law at the basis are not strong and fair, good governance will not function smoothly as it is needed.

“Mr. Ang Vong Vathana said also that reforms of court officials will be made by the Supreme Council of the Magistracy in this morning on 14 January 2009. Reshuffles of court officials are not made only with judges, with prosecutors, and with clerks, but also with court presidents. However, Mr. Ang Vong Vathana did not mention the names of those who will be reshuffled, but just told primarily that a prosecutor of the Phnom Penh Municipal Court, Mr. Ouk Savuth, will be replaced by Mr. Yen Chakriya. Mr. Ouk Savuth will be appointed to work as deputy prosecutor of the Appeals Court.

Note: Article 21 of the Cambodian Constitution:

Upon proposals by the Council of Ministers, the King shall sign decrees (Kret) appointing, transferring or ending the mission of high civil and military officials, ambassadors and Envoys Extraordinary and Plenipotentiary. Upon proposals by the Supreme Council of the Magistracy, the King shall sign decrees (Kret) appointing, transferring or removing judges.

“Mr. Ang Vong Vathana stressed that these reappointments are normal, but some court officials are replaced also due to wrongdoings, and some hold their positions already four years and must be reshuffled. Nevertheless, most of these reforms, as they relate to court officials, are only a change from one place to another place.

“Previously, the court system was strongly criticized for being corrupt, and most victims were poor people while most people who won court cases were the powerful.” Kampuchea Thmey, Vol.8, #1846, 14.1.2009

Newspapers Appearing on the Newsstand:
Wednesday, 14 January 2009

Cheat Khmer, Vol.1, #3, 14.1.2009

  • The President of the Cambodian Center for Human Rights [Mr. Ou Virak]: Freedom of Expression and Press Freedom in Cambodia Are Limited [in 2008, because journalists were threatened to be sued at courts, jailed, and murdered, while the authorities have not found murderers or those who support them for prosecution]

Deum Ampil, Vol.3, #106, 14-15.1.2009

  • The Embassy of Nepal Asks to Build of Pagodas in the Nepalese Style in Cambodia

Kampuchea Thmey, Vol.8, #16, .1.2009

  • Positions of Judges, of Prosecutors, and of Clerks Are Reformed on a Large Scale
  • A Canadian Man Was Arrested for Debauchery [with four underage children, two boys and two girls – Kompong Cham]

Khmer Aphivoath Sethakech, Vol.7, #323, 14.1.2009

  • The United States of America Decides to Grant Military Aid of More Than US$600,000 [to Cambodia]

Koh Santepheap, Vol.42, #6551, 14.1.2009

  • In 2008, There Were 268 Crimes of Rape Committed [with 285 victims – among them 165 were underage – and 340 perpetrators were involved, compared to 2007, there were 301 cases]; This Inhuman Act Is Still an Extremely Serious Issue
  • Eclipse of the Sun Will Occur on 26 January 2009 and Cambodia Can See This Natural Phenomenon on Chinese New Year
  • [Around 300] Students and Villagers Block a Road to Stop the Transporting of [ about 50] Trucks Loaded with Stone [the transportation damages the road, causes dust, and creates disturbing noise – Siam Reap]
  • Nearly 200 Million People Start to Travel to Their Home Towns [to celebrate the Chinese New Year on 26 January 2009]

Moneaksekar Khmer, Vol.16, #3665, 14.1.2009

  • Co-Defense Lawyers of Nuon Chea Said that They Are Being Intimidated by Judges of the Khmer Rouge Tribunal [who prepare to sue them back for filling request for the clarification of corruption allegation, considered to be a defamation, and a disgrace for the Khmer Rouge Tribunal]

Rasmei Angkor, Vol.16, #1402, 14.1.2009

  • A Korean Man Shot by Another Korean Man Died at the Calmette Hospital [two other perpetrators are not yet found]
  • A Man Who had Killed a [three-year-old] Girl and Her Grandmother with Acid Was Arrested [in Kampot]

Rasmei Kampuchea, Vol.17, #4794, 14.1.2009

  • The Cambodian Prime Minister Starts an Official Visit to Kuwait
  • Dey Krahom Dispute: The Municipality Offers US$20,000 [to 91 families still not prepared to move away], but he Residents Disagree
  • World Bank Grants a Loan of US$10 Million to Develop the Agriculture
  • The Royal Government Provides a Loan of US$15 Million to the Cambodian Rice Millers Association to Buy Paddy Rice for Stock
  • Ms. In Soklida Wants to Withdraw Nearly US$30,000 from the [Cambodian] Canadia Bank [from a joint bank account with Ms. Chea Ratha, with whom she had an affair and who is now hiding in a foreign country being accused of involvement in an acid attack against Ms. In Soklida’s aunt]
  • Siamese [Thai] Troops Prevented a Khmer Company to Continue Constructing Fences [for building a casino] at the Cham Border Crossing [Anlong Veng, Oddar Meanchey]

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