Not Everything Legal is Considered Legitimate – Sunday, 20.6.2010

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

The Mirror, Vol. 14, No. 669

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The Economic Exploitation from Blood Donations Is Against the Moral of Medical Professionalism – Tuesday, 15.6.2010

Posted on 15 June 2010. Filed under: Week 669 | Tags: , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 669

“Phnom Penh: A Secretary of State of the Ministry of Health said that the exploitation from blood donations and from blood infusions is against the moral of medical professionalism and it must be avoided.

“A Secretary of State of the Ministry of Health, Ms. Ouk Monna, said so during a World Blood Donors’ Day event, held on 14 June 2010 at the National Institute of Education, focusing on young donors with the slogan ‘New Blood for the World.’ ‘The economic exploitation from blood donations and blood injections is totally against the moral of medical professionalism, and such behavior must be avoided.’ She added, ‘The elimination of these activities can earn trust from the general public, and it will lead to receiving 100% voluntary blood donations from the Cambodian people.’

“She went on to say that like the focus says clearly, the Ministry of Health strongly supports the National Blood Transfusion Center to make more efforts in order to meet the safe, sufficient, and timely supply of blood as needed by patients at different hospitals. Safe blood donations are supportive services for the treatment and the care for patients, and they help to reduce the death rate of patients.

“Ms. Ouk Monna continued to say that in order to promote the provision of health services, the National Blood Transfusion Center must make broader publicity efforts about voluntarism to donate blood, so that citizens, including young people in the communities, as well as civil servants at different institutions, departments, and at the ministries gain knowledge about it and join to donate blood.

“According to a report from the National Blood Donation Center, in 2009 35,895 bags of blood were donated by volunteers from different families and from friends of patients, and about 51% of the donated blood was used in different hospitals in Phnom Penh, and the rest of 49% in hospitals in the provinces countrywide.

“The director of the National Blood Donation Center, Mr. Nhem Thuok said, ‘The national blood donation service is under the administration of the Ministry of Health and its key role is to implement a blood safety strategy policy where the major goal is to guarantee safe, sufficient, and timely blood donations in order to meet the demands of patients at public and private hospitals nationwide.’

“He added that since the reestablishment of blood donation services in 1991, the collection of blood donated by volunteers around the country keeps increasing, and it is in line with the improvement of the health infrastructure that leads to the growing use of blood. He went on to say that there are only 3 volunteers donating their blood among 1,000 people, a very low rate. According to a study, there will not be sufficient blood supplies unless 2 among 100 people donate their blood.

Ms. Dith Kimean, a volunteer blood donors, said, ‘The World Blood Donors Day does encourage and educate youth to do social work to help the society, especially also to save people’s lives through the voluntary donation of blood.’ She added that every year, millions of people in the world, including thousands of Cambodian people, need blood so that their lives can be saved after they had an accident or a sickness that makes them lose blood.” Rasmei Kampuchea, Vol.18, #5224, 15.6.2010

Newspapers Appearing on the Newsstand:
Tuesday, 15 June 2010

Deum Ampil, Vol.4, #504, 15.6.2010

  • The Economic Exploitation from Blood Donations Is Against the Moral of Medical Professionalism
  • The Judgment of the International Court in The Hague [of 15 June 1962, which decided that the Preah Vihear Temple is on Cambodian land] Is Commemorated [by officials of the Cambodian government, of non-government organizations, and of opposition party members] and They Call on Thailand to Withdraw Troops from Border Regions [the question of the borders between Cambodia and Thailand had not been finally resolved at that time].

Kampuchea Thmey, Vol.9, #2275, 15.6.2010

  • Thirty One Families in the Andoung Trabaek Commune Were Shot at and Evicted from Their Homes [by forestry officials – Svay Rieng]
  • Three People Were Killed in a Traffic Accident on National Road 1 [when a motorbike struck a truck – Kandal]

Khmer Machas Srok, Vol.4, #681, 15.6.2010

  • Putting the [Cambodian-Vietnamese] Border Markers Number 292, 293, 294, and 295 [in the Prey Tonle Commune, Banteay Meas district, Kampot] Makes Some Commune and Police Officials [from the Cambodian People’s Party and some other citizens] Lose Their Rice Fields to Yuon [Vietnam – this is the claim of a citizen who asked not to be named]

Koh Santepheap, Vol.43, #6982, 15.6.2010

  • [About eighty] Citizens [representing 136 families] from the Memut District Asked Samdech Dekchor Hun Sen to Solve a Land Dispute [of 250 hectares; two representatives were arrested and others were threatened that they will be arrested if they do not agree to remove their houses and give their thumb prints to deliver their land to another person]

Moneaksekar Khmer, Vol.17, #3906, 15.6.2010

  • Citizens Victimized by Land Disputes Delivered a Petition to the UN Special Rapporteur on the Situation of Human Rights in Cambodia Quietly [Phnom Penh]

Phnom Penh Post [Khmer Edition], Vol.1, #193, 15.6.2010

  • [The UN Special Rapporteur on the Situation of Human Rights in Cambodia] Subedi Promised to Take Land Disputes to the Government [after citizens from different provinces and cities victimized by land disputes gathered in front of the Office of the UN High Commissioner for Human Rights in Phnom Penh to send him a petition]
  • Cambodia Was Praised [by the US Department of State] over the Fight against Human Trafficking [through the strengthening of law enforcement]

Rasmei Kampuchea, Vol.18, #5224, 15.6.2010

  • The Judgment of the International Court in The Hague [of 15 June 1962, which decided that the Preah Vihear Temple is on Cambodian land] Is Commemorated [by officials of the Cambodian government, of non-government organizations, and of opposition party members] and They Call on Thailand to Withdraw Troops from Border Regions [the question of the borders between Cambodia and Thailand was not finally resolved at that time]
  • Three People Were Killed because Stones Fell on Them [after there were lightnings] while They Were Taking Shelter from the Rain [in a cave – Kampot]

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.

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