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Showing posts with label Cambodia news. Show all posts
Showing posts with label Cambodia news. Show all posts

Monday, June 13, 2011

Rainsy summoned yet again

Monday, 13 June 2011
Meas Sokchea
The Phnom Penh Post

Embattled opposition leader Sam Rainsy has been ordered to appear at the Phnom Penh Municipal Court on June 22 to answer allegations that his political party did not send its 2006 annual report to the Ministry of Interior on time, sparking the Sam Rainsy Party to threaten a counter-suit.

The ministry filed a complaint against the SRP in August, 2007 for the late report. According to the summons, dated June 6 and obtained by The Post yesterday, the SRP failed to file a timely report on its activities, income and spending, bank-account balance and party inventory.

Khieu Sopheak, spokesman for the Ministry of Interior, said yesterday that the SRP submitted the report, required of all parties, after the deadline. The ministry is demanding that the SRP pay 3 million riel (US$734).

When asked why the complaint was being dug up nearly four years after it was filed, Khieu Sopheak declined to comment, referring questions to the court.


Hing Bun Chea, the deputy prosecutor at the Phnom Penh Municipal Court who signed the summons, could not be reached for comment.

Meanwhile, the SRP has demanded that the ministry rescind the complaint, threatening to sue for defamation.

In a statement on Friday, the SRP said it had submitted the report by a deadline of December 31, 2006, and that both the Ministry of Interior and the Ministry of Economy and Finance had received it two days later, on January 2.

“The Ministry of Interior’s intention in filing a complaint to the Phnom Penh Municipal Court accusing the SRP of not sending its 2006 annual report to the Ministry of Interior is to disturb and defame the SRP,” the party said.

“The SRP would like to ask the Ministry of Interior to withdraw the complaint … otherwise, the SRP will sue the Interior Minister [Sar Kheng] of defaming the SRP,” the statement said.

Khieu Sopheak said the ministry would not withdraw its complaint, and said the SRP statement only made the ministry more inclined to file additional complaints against the opposition party.

“If [Sam Rainsy] dares to sue the Ministry of Interior, we will file additional complaints,” he said. Khieu Sopheak suggested that Sam Rainsy recognise his mistake and “implore” the ministry to withdraw the complaint.

SRP spokesman Yim Sovann said submitting a report one or two days late was “normal” and that the complaint was a “laughable” ploy.

He countered that the government was often late in responding to questions submitted by SRP parliamentarians, often taking months to reply and sometimes not responding at all.

“In the Constitution, it states that the government must answer in seven days, but sometimes in three months the government has not answered,” he said. “How does the Ministry of Interior think?”

Sam Rainsy, who currently lives abroad in self-imposed exile, would face as long as 14 years in prison from a string of convictions if he were to return to the Kingdom.

Cambodian 'spy' case draws official criticism

Cambodian embassy officials in Bangkok have found legal representation for a Cambodian man who was arrested on charges of espionage last week, an allegation the Foreign Ministry called a “deceitful fabrication”.

Ung Kimthai, 43, was apprehended by Thai officials on Tuesday in Thailand’s Sisaket province along with Wieng Terng Yang, a Vietnamese national, and Suchat Muhammad, a Thai national, Thai newspaper The Nation reported on Saturday.

In addition to charges of espionage, additional charges have been brought against Suchat for drunk driving and Ung Kimthai for drug abuse.

“This clearly shows Cambodia’s intent and disputes its claims that Thailand was the first to start using force and incursion. The arrests, on the other hand, show that Cambodia has been active militarily [against Thailand],” Thai Prime Minister Abhisit Vejjajiva was quoted as saying.

Koy Kuong, spokesman for the Ministry of Foreign Affairs, said yesterday that Ung Kimthai, who is from Neak Loeung town in Kandal province, entered Thailand on June 2 as a tourist and was arrested on Tuesday.

Embassy officials, he added, had met with Ung Kimthai, who reportedly rejected the charges against him and said he had merely entered as a tourist, citing the recent visa exemption agreement between the two countries that allows tourists from both sides to visit without a visa.

“[Ung Kimthai] is being malignly accused,” said Koy Kuong, adding that Cambodian authorities would find a second legal representative for him when he is due to appear in court.


The... fabrication is only a pretext to justify future aggression


The Ministry of Foreign Affairs has rejected the espionage allegations, saying they are meant to mislead the public.

“The Royal Government of Cambodia wishes to assert that the above fabrication is only a pretext to justify future aggression against Cambodia,” the ministry said in a statement released on Friday.

“Cambodia feels it is very regrettable that the Prime Ministry of a neighbouring country has resorted to lies as an approach for Thai foreign policy.”

Thai Foreign Minister Kasit Piromya said on Saturday that legal action would be taken against all three men, Thai state news agency MCOT reported.

When asked whether the Thai government would seek a “prisoner exchange” for two Thai nationals now serving time in Cambodia for espionage, he said he would let the legal process run its course, adding that under Thai law prisoners must serve at least two-thirds of their sentence before such an exchange would be possible.

Veera Somkwamkid, coordinator for the Thai Patriot Network, and his secretary, Ratree Pipattanapaiboon, were sentenced in February to eight and six years, respectively, for espionage, illegal entry and trespassing into a military area last year.

Koy Kuong, however, said a prisoner exchange was “impossible”. “Thailand shows ill-will in making up such a story to exchange for their prisoners,” he said.

Thai foreign ministry spokesman Thani Thongphakdi could not be reached for comment yesterday.

Wednesday, June 1, 2011

Cambodia's coastline awarded as world most beautiful bay


PHNOM PENH, May 31 (Xinhua) -- Club of the World's Most Beautiful Bays has officially recognized Cambodia's coastal areas as its member, the minister of tourism, Thong Khon confirmed Tuesday.

The recognition was made after Cambodia's proposal in May last year.

"With the club's recognition, we have optimism that our clean and well-preserved beaches will attract more foreign tourists,"he said, adding"it will also be an impetus to encourage more investors to the areas."

Cambodia's coastline is stretching in the length of 450 km in four provinces of Koh Kong, Sihanoukville, Kampot and Kep.

It is the country's second most popular destination for tourists after Siem Reap's Angkor Wat temple, the world heritage site.

The club was established in March 1997, in Berlin, Germany. Including Cambodia, it has 27 countries as member with 33 bays to be recognized as the most beautiful bays in the world, said the minister.

According to the club's criteria, to be listed as the world's most beautiful bay, a bay must be under protection project with a wildlife and flora area. Also, it must be recognized by both local and regional level, and it must possess at least two features recognized by UNESCO in the cultural or natural assets categories.

Tourism industry is one of the main four pillars supporting Cambodian economy. In 2010, the sector received 2.5 million foreign tourists generating the total revenue of 1.75 billion U.S. dollars.

Cancel Prey Lang grants: SRP


Villagers protest against land concessions the government has granted in Prey Lang forest during a demonstration at the Freedom Park in Phnom Penh last week. (Photo by: Heng Chivoan)

Tuesday, 31 May 2011
Meas Sokchea
The Phnom Penh Post

Opposition Sam Rainsy Party lawmakers sent a letter to Prime Minister Hun Sen yesterday requesting that he cancel all economic land concessions in Prey Lang forest following public outcry over the issue.

The letter, signed by nine parliamentarians, singles out a 6,044-hectare concession to Vietnamese-owned CRCK Rubber Development Co Ltd, but also calls on the premier to cancel the other concessions in the forest. The lawmakers also suggested that the government support listing Prey Lang as a UNESCO World Heritage site.

Hun Sen approved a 70-year lease for CRCK in September 2009. In May last year, the Ministry of Agriculture, Forestry and Fisheries signed a contract with the company, and CRCK began clearing forest in order to make way for a rubber plantation early this year, according to reports from local residents.

In the letter, the SRP lawmakers cited signatures from 29,208 people from four provinces who requested their intervention in the matter.


“Those violations have resulted in losses to a very worthy natural resource to the area, including natural forest, fruit-productive forest, wild animals and all kinds of biodiversity,” the MPs wrote, adding that the economic and cultural interests of locals, especially members of the Kuy ethnic minority, have also been adversely affected.

The forest, which stretches for roughly 3,600-square kilometres between the Mekong and Stung Treng rivers across parts of four provinces – Kampong Thom, Kratie, Preah Vihear and Stung Treng– lacks state protection despite its rich biodiversity and value to local people.

The Prey Lang network, a local activist group, says more than 40,000 hectares in the forest have been granted for rubber plantations alone, while 27 exploration licences and related concessions have been handed to mining firms.

Chhun Chhorn, Kampong Thom provincial governor, defended the actions of CRCK yesterday, claiming that the concessions in Prey Lang would bring development to the area and suggesting that the SRP lawmakers were playing politics with the issue.

“It is their right, awarded by the government, to clear that land to plant rubber. They are not acting illegally,” he said.

Chhun Chorn said people have used the forest for hundreds of years but are still poor and will find a better living by working for rubber plantations and factories.

Mem Sotharavin, an SRP lawmaker from Kampong Thom province, said CRCK’s practice of importing labour from Vietnam undermined any development it may bring to the area.

“I support development, but it should avoid [negatively] affecting people,” he said. “People have not had jobs [from the concession] at all. If people have jobs as [Chhun Chhorn] said, it is no problem.”

Thai attacks murderous: Phnom Penh

May 31, 2011
By Supalak Ganjanakhundee
The Nation, Agencies

Cambodia yesterday began its legal battle in the International Court of Justice over the Preah Vihear Temple by accusing Thailand of deadly intrusions into its territory and requesting temporary measures for Thai troops to withdraw.

"Thailand does not merely challenge Cambodia's sovereignty in this region, but is imposing its own interpretation by occupying this zone by murderous armed incursions," Cambodian Foreign Minister Hor Namhong told the court.

Hor Namhong testified that his country was requesting that the ICJ clarify its 1962 judgement on the Preah Vihear ownership case, as the two sides had failed to interpret the ruling jointly and this had led to armed conflict between the two neighbours.

Thailand is basing its recent military action on an interpretation of the 1962 judgement that is "both erroneous and unacceptable", he said.

Thailand is using its reading of the ruling "to provide legal cover for armed incursions into Cambodian territory".


Major military clashes around the ancient Hindu temple in February caused the deaths of eight people including civilians on both sides.

The ICJ yesterday and today is holding oral hearings on Cambodia's request for provisional measures to ban Thai military activities and any act that could be regarded as interference in Cambodian sovereignty.

The request and hearing are the result of Cambodia's application for an interpretation of the 1962 ruling.

The Thai defence team led by Ambassador to The Hague Virachai Plasai argued that the ICJ had no authority to rule on this case since a border dispute did not fall under its jurisdiction, said Chavanond Intarakomalya-sut, secretary to Thailand's foreign minister. Thailand has already complied with the ICJ's 1962 ruling and has nothing more to do with the case, he said.

"Basically, the Cambodian oral testimony has nothing new, and we believe that our argument is solid enough to convince the court," Chavanond said in a phone interview from The Hague.

The Foreign Ministry expects the court to deliver its concurrence on the provisional measures within three weeks after the oral hearing, he sai

ASEAN, China hardening positions on overlapping claims in South China Sea

 

Tuesday, May 31, 2011
By Kavi Chongkittavorn
The Nations (Thailand)/Asia News Network

After 15 years of discreet and patient diplomacy over the overlapping claims in South China Sea, both the Association of Southeast Asian Nations (ASEAN) and China have now showed signs of fatigue at the lack of progress towards a resolution as well as joint development schemes. Incidents of alleged intrusions and confrontations in the resource-rich maritime territories among various claimants have increased in the past two years.

But the most serious one occurred on March 2 when the Philippine oil exploration ship, MV Veritas Voyager, was harassed by the Chinese Navy patrol boats at Reed Bank. It topped the agenda when Chinese Defense Minister Gen. Liang Guanlie visited the Philippines last week. The incident immediately harked back to the event in March 1995 when the Philippines confronted China after the discovery of new structures in the Mischief Reefs, which subsequently led ASEAN to issue a joint statement, the first and only one, expressing “serious concern” over Beijing's action.

Over those years, there were high hopes that the Declaration of the Conduct of Parties in the South China in 2002 would not only encourage the claimants to restrain from any activity that would destabilize the whole region but help to resolve issues related to territorial sovereignty. Somehow the long-standing pledge for the promotion of trust-building measures and mutually beneficial cooperative continue to be an elusive aim in the past nine years.


One stumbling block remains the wordings of the implementing guidelines of the 2002 document, which was agreed upon when their bilateral relations were at the zenith.

The ASEAN claimants, Vietnam, Brunei, Malaysia, the Philippines and China still fight over them when their senior officials last met in Medan, Indonesia. Given the current tension and growing mutual suspicion, especially between China and Vietnam/Philippines, it is doubtful if they could finalize the guidelines in time for next year's 10th commemoration in Phnom Penh, when Cambodia chairs the 20th ASEAN summit. Their collective assertiveness showed that the disputes in South China Sea represent their core national interests.

More than conflicting parties like to admit, the relatively benign environment which ASEAN and China used to enjoy tackling the South China Sea problem since the Mischief Reef in 1995 effectively ended last July.

The dispute got an international stamp when the U.S. Secretary Hilary Clinton raised the issue openly on the freedom and safety of navigation in South China Sea and expressed a strong support for the ASEAN document.

Furthermore, the U.S. also offered to facilitate diplomatic efforts to find a resolution. From that moment on, China and the ASEAN claimants knew full well that the conflicts have been thrown open into an international arena — something they kept under wraps for the past 15 years.

China was quite happy to continue negotiations with ASEAN over the guidelines without intervention from other players. Back in 1994, when China was still a consultative partner of ASEAN, visiting Chinese Foreign Minister Qian Qichen told ASEAN counterparts in Brunei Darussalam that Asian countries must solve their problems in an Oriental Way.

Somehow this approach rings hollow and does not bode well with the current atmosphere.

The lack of progress coupling with growing claimants' presence and visible physical structures has provided the raison d'etre for the ASEAN claimants, in particular Vietnam and now the Philippines, to harden their pursuits for more tangible outcomes.

To add fuel to the fire, last week, the two ASEAN countries agreed to work on a joint exploration oil and gas project in the disputed areas.

Previously, ASEAN claimants and China held bilateral negotiations trying to craft collaborative frameworks that would be acceptable to both sides — settling sovereignty issue with ASEAN claimants and overall cooperation with all ASEAN members. Unfortunately, some claimants viewed the exercise as a foot-dragging tactic to further strengthen presence in claimed islands or islets. At the moment, Vietnam occupies 23 islets while China and Malaysia occupy seven each. The Philippines has claimed the so-called Kalayaan island Group made up of 54 islands, reefs and shoals.

Last July in Hanoi, Chinese Foreign Minister Yang Jiechi was visibly upset when the South China Sea issue was brought and discussed openly at the ASEAN Regional Forum. It was a radical departure from the modus operandi agreed at the Huangzhou meeting between China and ASEAN in April 1995, both sides successfully kept the dispute within their turf.

At this hill resort meeting, ASEAN for the first time jointly called on China to be more transparent about its claims over the South China Sea including the significance of the nine-dot line. The lack of better answers and practice gradually pushed the ASEAN claimant beyond the bilateral framework. The fact that the dispute last year received a wider international attention was also partly attributed to the ASEAN chair's diplomatic maneuverability.

One immediate consequence of this shift would be the less-polite aspect of China's attitude and policy towards ASEAN. It is currently in a reset mode. Beijing views the ASEAN positions over the guidelines as problematic as undermining its sovereignty claims. With ASEAN members juggling their positions between the claimants and non-claimants as well as China's ambivalence on ASEAN as individual nations and as an organization, the ASEAN-China relations will be under severe tests from now on.

Without the law-binding code of conduct, it is hard to foresee long-term peace and stability in the region's maritime territory.

The whole scheme of things is further complicated by the new strategic landscape coupling with the rise of China and its blue navy fleets as well as the U.S.'s proactive engagement in Asia. As such, it is not hard to envisage additional non-claimant players or facilitators that want to guarantee the safety of sea lanes for their vital mercantile activities.

Finally, if the ongoing disputes are not properly handled, it would have huge spill-over effects on the broader China-U.S. rivalry in this region. The Philippines, not to mention Japan and South Korea in Northeast Asia with their overlapping claims of Islands with China, has a treaty alliance with the U.S. For instance, a small incidental armed attack in the Kalayaan Island chains can easily turn ugly amid growing China-U.S. rivalry. The Philippine government is confident that any attack on a Filipino ship in the areas under its administration is a direct attack on the U.S. as stipulated in the defense treaty with the U.S.

Malaysia lauds Cambodia, Thailands effort to solve border dispute in court

 

May 31, 2011
Xinhua

Malaysia on Monday lauded Thailand and Cambodia's commitment to solve their border dispute peacefully as Cambodia referred the conflict to the International Court of Justice in the Hague.

"Tensions in the Cambodian-Thai border have caused a great deal of concern in the region and this was evident during the recent Asean summit in Jakarta," Malaysia's Deputy Prime Minister Muhyiddin Yassin said in a speech at the 25th Asia-Pacific Roundtable here.

Cambodia sued Thailand to the International Court of Justice on Monday, asking the court to order Thai troops to withdraw from the disputed area around the ancient temple Preah Vihear.

Both countries have been claiming sovereignty to the more than 900-year-old temple and its surrounding areas for the past few decades.


Cambodia last month asked the International Court of Justice to explain its ruling in 1962 that the temple belonged to Cambodia.

Latest clashes between Cambodian and Thai troops killed at least 20 and injured dozens while tens of thousands fled the area in April.

Cambodia microfinance: it's not all about credit, savings matter too

Tuesday, 31 May 2011
Guardian.co.uk

Liz Ford: Nobody is too poor to save, insists Care International, which supports community microfinance initiatives that offer safe and efficient ways to put money aside

Sarom Eng, 55, has five children. She perches on a wooden slatted bench in her village, Preytotung, in Battambang province, as she speaks about her business ventures. Family members, including her daughter and one of her five grandchildren, neighbours and animals mill around the garden that surrounds her small stilted wooden house as we talk. Lined up opposite the bench are huge plastic bags full of kapok fibres, which have been plucked from pods that hang from nearby ceiba trees, and are ready for sale.

Eng has developed a good seasonal business, buying the pods from farmers who have the trees on their land, and selling the kapok to companies that make mattresses and pillows. It has been funded through loans she's taken out from the Khum Chrey community-based microfinance organisation (CBMIFO). She's on her third or fourth loan now – the most recent for 1.5m Cambodian riel, about $370. She employs neighbours and family to help pluck and bag the kapok, and she expects to get a 50% rate of return when she sells her goods. "I've never had a problem with paying the money back. I usually pay back before I need to."

The income generated, along with money earned from selling fruit up along the Thai border and from growing rice in a field about 4km from her home, means she can support her children and grandchildren, and save money.


After all the recent controversy surrounding microfinance – such as reports of unscrupulous lenders and the suicides of those under pressure to repay loans, particularly in the Indian state of Andhra Pradesh, and the very public spat between Muhammad Yunus and Grameen, the microfinance bank he founded – Eng offers an example of what can be achieved from the informal banking sector, if it's done right.

La Morm, from Svay Chrum village in another part of Battambang province, offers another. Earlier this year, Morm, 46, borrowed 2m riel ($490) from her local CBMIFO, which she used to buy two sewing machines for the business she runs from her home. Morm started her sewing business years ago to supplement the income generated from the family's fruit farming. People from across the region come to her house to have their clothes made for special occasions, and the space under her stilted house is lined with coloured fabrics and threads twirled around bits of bamboo. She believes the new machines will bring in an extra $75 a month. "It would take a long time to save and buy the sewing machine outright," she says. "I wanted to expand the business because there was more demand. I took the loan out a month ago and I'll pay it back in a year." The new machines will also allow her to train neighbours to sew and employ more people.

Eng and Morm belong to microfinance institutions (MFIs) that are supported by the Cambodian Community Savings Federation (CCSF), an organisation set up and funded by the NGO Care International in 1998, but which now operates as an independent NGO and rural credit operator.

The CCSF helped established microfinance projects for villages around Battambang, in Cambodia's north-west, to develop the area after years of abuse by the Khmer Rouge, which was driven from the region in the late 1990s. Over the past 13 years, small village-based groups have merged to form bigger institutions that now employ their own staff and have their own offices where people can come to discuss loans, make deposits or take out savings at the counter.

The CCSF provides capital to, and oversees the operations of, up to 33 CBMIFOs now set up in 13 districts in Battambang. It also offers support and training to 230 staff employed by the CBMIFOs. The CCSF gets its funding from development institutions, such as the sustainability oriented Rabobank in the Netherlands.

The improved security in the region and better road access from the capital, Phnom Penh, has led to an influx of microfinance institutions to the province. This offers huge opportunities, but also the potential for the problems that we've seen in India.

Pisey Phal, the chief executive of CCSF, emphasises that her organisation is concerned with poverty alleviation, not profits. "The CBMIFOs are like credit banks. They know the community very well, which reduces some of the problems," she says. "Traditional banks are very formal and strict in their repayment schedules. In our case, [CBMIFOs] provide a seven-day allowance for borrowers. If they are busy on the repayment due date, they can pay within seven days without a penalty, which helps our members."

And there's a strict set of criteria that have to be met before a loan can authorised.

Anyone who wants to take out a loan must have a permanent address, an existing legal business, they must be able to demonstrate the ability to repay and have a good credit rating – background checks are made with village elders and, if dealing with large amounts, with commune chiefs (who oversee between 10 and 15 villages) and all loans have to be signed off by the local authorities. Loans for more than $75 require a site visit to the business. Repayment schedules are decided when the loan is taken out, which can be up to two years. In certain cases, borrowers can pay back the money in bulk after crops have been harvested, or pay back within six months. Interest rates on repayments are a maximum of 3% a month.

Crucially, though, a borrower must be saving at least 1,000 riel a month with the CBMIFO.

Savings are often the forgotten part of microfinance, but provide an important safety net for anyone not able to access the formal banking system. CBMIFOs offer a 7% annual interest rate on savings.

Sarom Eng has been depositing money with the CBMIFO for 11 years and would prefer to take out loans than dig into her savings, which she says she wants to keep for emergencies and to help support herself and her husband when she gets older.

Unlike some banks, which require payment to open an account, Eng doesn't have to pay a fee to the CBMIFO to save there.

Ajaz Ahmed Khan, a microfinance adviser with Care International UK, says there is too much emphasis on credit and not enough on savings when people talk about microfinance.

"Nobody is too poor to save, but they can save in inefficient ways. They can save in animals, for example, or store money under the bed. Not all people want a loan, but most people will want savings, especially if you get some interest from it. CBMIFOs provide a safe, secure and accessible way of saving."

New initiative

Cambodia is the latest country to be added to the list of the states supported by Care International UK's new microfinance initiative, Lendwithcare.org, which was launched last year. It wants to encourage supporters from around the world to offer small loans to people in Cambodia, Benin, Togo, the Philippines and Indonesia through local MFIs.

Profiles of the people who have had their loans approved by MFIs in these countries, such as CBMIFOs in Battambang, are published on the Lendwithcare.org website and the public can make loans to specific businesses. Once the full amount of the loan has been pledged, the money is transferred to the MFI to cover the loan, which will have already been given to the borrower. When the borrower pays back the loan, the money is then transferred back to the supporter. The initiative provides another income stream for MFIs, which means they can support more local people, and it also reduces the risk of the loans as they are effectively taken over by Care.

Khan says this could mean CBMIFOs take more risks – such as supporting poorer people, who often miss out on the benefits of microfinance because they have little or no collatoral – as Care is covering the costs. "There is no downside to the MFI," says Khan, who assesses the MFIs before they can be part of the Lendwithcare.org project.

Khan is clearly a supporter of microfinance, but is very much a realist about its potential. "People oversold microfinance. It was never going to be a panacea. But it is a way to help restore people's dignity. People want to help themselves, people don't want handouts.

Thailand pushing for WHC understanding on temple dispute

 


BANGKOK, May 31(MCOT online news) - Thailand will speed its attempt to inform the UNESCO's World Heritage Committee (WHC) to understand Thailand's stance on Preah Vihear temple, while planning to hold further talks with Cambodia before the 35th session of WHC annual meeting to start on June 19, Minister of Natural Resources and Environment Suwit Khunkitti said on Tuesday.

Mr Suwit who is also Thai government's chief negotiator notified the cabinet about the result of special meeting between Thailand and Cambodia on May 25 to 26 on the ancient temple dispute at Paris-based UNESCO, mediated by its Director-General Irina Bokova.

He said the Thai delegation stood firm that the Cambodian management plan for Preah Vihear temple had caused problems between the two countries and the Thai representatives would go ahead with Thailand's plan to inform the 20 WHC member countries to understand that possible problem may arise in the future if the WHC accepts the Preah Vihear management plan proposed by Cambodia at the 35th WHC meeting being held June 26-29.

However, Mr Suwit admitted that the move was not easy as many WHC member countries had provided assistance to Cambodia in the past but he was confident that those countries would understand the problem.


During the Paris meeting, UNESCO demonstrated a better understanding of the issue and towards Thailand’s rationale for proposing that the WHC postpone consideration of Cambodia’s management plan in the area of the Preah Vihear temple pending finalisation of the boundary negotiations between the two countries.

This also included the proposal that in the long-term, Preah Vihear temple should be inscribed as a transboundary property.

However, at this stage, Cambodia continued to insist that its management plan be considered at the WHC meeting.

Mr Suwit said further discussion on how to proceed would therefore be needed and he expected Thailand and Cambodia would hold talks again before the start of WHC meeting on June 16.

The International Court of Justice (ICJ) awarded Preah Vihear temple to Cambodia in 1962 and the temple was enlisted as a World Heritage Site on July 7, 2008.

Since then, both sides have built up military forces along the border and periodic clashes have happened, resulting in the deaths of troops and civilians on both sides.

Regarding the Cambodian request to the ICJ to interpret judgment on the case of Preah Vihear temple, including its request for indication of provisional measures, Mr Suwit said Thailand had to await the result of the ICJ hearing.

Thai legal team led by Minister of Foreign Affairs Kasit Piromya now in the Hague, Netherlands on Tuesday is scheduled to present the observation on Cambodian request on provision measures to ICJ for the second day at 10pm Thai time.

The result of hearing should be known within 1-3 weeks. In any case, the provisional measure is a separate case from Cambodia’s request to interpret the court’s 1962 ruling on Preah Vihear. Should the provisional measures be issued or not, it will not affect the interpretation case.

As for the interpretation of the court’s 1962 ruling, it was expected that the court would require official statement from both sides about September or October and would take one or two years to consider.

On the first day of the hearing, Thai legal team had told the court that Thailand had accepted and complied with a 1962 ICJ ruling that the temple belonged to Cambodia. However the court has no jurisdiction to judge the Cambodian request.

Meanwhile, Cambodia had also accepted without protest the line drawn by Thailand demarking the area that encompasses the Preah Vihear temple compound following the 1962 Court decision.

After being silence for 40 years, Cambodia started to challenge the perimeter limits of the temple only recently when it wanted to list the temple as a World Heritage site and wanted the area as buffer zone to manage the temple under the management plan of the ancient Hindu temple.

Cambodia has also admitted that it had yet to demarcate the border - including the area where Preah Vihear temple is located - when it signed the memorandum of understanding with Thailand in 2000.

Thailand wished to live in peace, develop good relations and cooperation with Cambodia, so that there is no reason for any conflict, said the Thai legal team.

"To let them walk away because they are old means they would get away with it": Brad Adams


"Old age should not afford protection to people who committed very serious crimes — that's not a defense": A warning to the former KR

Decrease Increase Aging, ill war crimes suspects still face trials

Tuesday, May 31, 2011
By GREGORY KATZ
The Associated Press

LONDON — It has become a common sight: an elderly, shrunken, hollow-eyed suspect brought to trial decades after being accused of horrific war crimes. They may be too aged to fully participate in their defense, or too debilitated by disease to endure a lengthy court case.

Now it is former Bosnian Serb military commander Ratko Mladic arguing he is too weak to stand trial. His lawyer said Monday that Mladic, 69, would die before his trial begins if he is extradited to the U.N. International Criminal Tribunal in The Hague to face genocide charges. He is said to have suffered several strokes and to have difficulty speaking.

Time and again, the questions have arisen: Are you ever too old or too ill to be judged for your past? Are justice and the public interest served by trying such infirm people? Most experts say it's justified — arguing responsibility doesn't diminish with age, especially set against the enormity of the crimes.

"Old age should not afford protection to people who committed very serious crimes — that's not a defense," said Efraim Zuroff, who pursues elderly Nazi war criminals with the Simon Wiesenthal Center.


"You have to keep in mind the victims who deserve that their tormenters are held accountable; the passage of time does not diminish the guilt."

Mladic follows John Demjanjuk, a 91-year-old retired U.S. autoworker convicted in Munich this month on 28,060 counts of accessory to murder. Demjanjuk's lawyers failed to convince the court that the former Nazi death camp guard was too sick to be tried because of a bone marrow disorder, kidney disease, anemia, and other ailments.

The age and medical condition of Khmer Rouge defendants is also a central issue at Cambodia's upcoming U.N.-backed tribunal, set next month to judge four of the brutal regime's top officials. The accused, ranging in age from 79 to 85, suffer from a variety of illnesses.

"To let them walk away because they are old means they would get away with it," Brad Adams, director of the Asia division of Human Rights Watch, said about the Khmer Rouge defendants. "They all appear to have some maladies but none of them have such significant illnesses that they are not competent to stand trial"

He said the Cambodian suspects are accused of masterminding the slaughter of up to two million people in their own country and should not be excused simply because they are infirm — or because it took so long for authorities to track them down.

"The reason they are so old is because of the failure of the states to track them down and charge them much earlier," Adams said. "They were living in Thailand and traveling around the world. It was a collective failure to deal with them."

Demjanjuk's case was one of the most extreme. After experts examined him, he was found to be fit to stand trial if hearings were limited to two 90-minute sessions per day.

He was brought to court in a wheelchair and placed in a hospital bed, where he lay listening to a translator throughout the proceedings, usually wearing dark sunglasses with a baseball cap pulled down low over his face. A doctor and paramedics remained in the court room throughout the trial. Roughly a dozen sessions were canceled for health reasons, including the need for blood transfusions.

Zuroff said it's imperative to try even ailing war crimes suspects in order to prevent future atrocities.

"There's also obviously the deterrence issue — it shows that if you commit a crime like that, that even many years later an effort will be made to bring you to trial."

And he said Mladic — and others who use this delaying tactic — are usually not as ill as they claim.

"These defendants become ten times worse than they really are as part of a public show to try and elicit sympathy," he said.

In Cambodia, International Co-prosecutor Andrew Cayley said there is a strong public interest in trying the Khmer Rouge defendants.

"The public here want them tried," he said. "They want this case done as quickly as possible. After all the four accused are alleged to have murdered over a million and a half of their own people. Nobody I know thinks age is a bar to vigorously addressing that fact."

He said the defendants — former head of state Khieu Samphan, chief ideologue Nuon Chea, former Social Affairs Minister Ieng Thirith, and ex-foreign minister Ieng Sary — will receive quality medical care and monitoring during the trial. The top Khmer Rouge leader Pol Pot died in 1998.

Theary Seng, a human rights lawyer whose parents were killed by the Khmer Rouge, said the fact that more than three decades have passed since the atrocities were committed has lessened the quality of the justice she and other victims will receive. She said victims are "bracing" for the possibility that one or two defendants will die before a verdict is reached.

"We are beyond the issues of fairness," she said. "It's an issue what is the highest quality of justice we can achieve in light of all the limitations and obstacles in our way. The advanced age of these four defendants is certainly one of the principal obstacles to quality justice. From the current standpoint, it's pretty shoddy justice we victims are getting from the Court."

If Mladic, accused in the 1995 slaughter of some 8,000 civilians in Srebrenica, is ultimately extradited, he would receive good medical care while detained at the war crimes tribunal in The Hague, officials said.

Spokeswoman Nerma Jelacic said the tribunal has a clinic that can provide assistance "around the clock" and can also take suspects to civilian hospitals if needed.

Nonetheless, its most high profile suspect, former Serb president Slobodan Milosevic, died of a heart attack in his cell in 2006, forever escaping judgment.

The tribunal's procedures are notoriously slow. The trial of Bosnian Serb political leader Radovan Karadzic began in 2009 and is still not finished.

Still, Zumra Sehomeriovic, a Bosnian woman whose husband was killed in Srebrenica, said prosecution of Mladic is necessary.

"This is proof that this type of crime never gets old and that the perpetrators will face justice," she said.
___
David Rising in Berlin, Mike Eckel in Phnom Penh, Grant Peck in Bangkok, and Aida Cerkez in Sarajevo contributed to this report.

Press Release - Phnom Penh, 1 June 2011

The Cambodian Center for Human Rights (CCHR), a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights in Cambodia, marks International Children’s Day, held today, by launching the findings of a study into rape cases in Cambodia on the Cambodian Human Rights Portal, www.sithi.org. The study presents information on all forms of rape committed throughout the Kingdom including, and of particular interest to International Children’s Day, those perpetrated against child victims.

The CCHR study covered the period from May 2010 to May 2011 during which time 250 cases of rape were reported in the Khmer and English language press. Our data shows that in 72% of reported cases over the time period the victim was under the age of 18. The study also showed that in cases where the relationship between the victim and the alleged perpetrator was stated, 29% of rapes victims under the age of 18 were alleged to have been perpetrated by a member of the victim’s family while 31% of rapes of minors involved a neighbour as the alleged perpetrator.

Other key findings of the investigation included:

13%of the cases recorded involved more than 1 perpetrator. 6% of these rape cases involved 3 or more perpetrators.
In 11% of rape cases recorded the perpetrator was under 18 years of age.
The most reported rape cases that CCHR recorded were in Phnom Penh with 18% occurring in Cambodia’s capital and largest city. Phnom Penh was followed by Battambang, Cambodia’s second largest city, where 12% of reported rape cases occurred.
The youngest known victim as recorded by CCHR was a two year old girl who was allegedly raped by her sixteen year old neighbour in Kandal Province. The oldest victim recorded by CCHR was a 85 year old woman from Banteay Meanchey who was allegedly raped by her son in law.

Ou Virak, President of CCHR, commented on the investigation: “International Children’s Day provides an opportunity for us to reflect upon children whose youth is stolen by the commission upon them of the heinous crime of rape. All Cambodians should unite to call on the government to act to ensure that our children are protected from the horror of rape and the perpetrators of that most cowardly crime are brought to justice. The issue of crimes against children and the way that the criminal justice system deals with such crimes must receive due attention at the Committee on the Rights of the Child when it addresses Cambodia this Friday”.

The information presented by CCHR was collected from media reports in the Khmer and English press. CCHR does not contend that the information presented is conclusive. On the contrary, it is expected that this information represents only a small proportion of rape cases that occur in Cambodia. The information is presented to offer an indication of the nature of the cases that occur and that are reported, and the manner in which they are dealt with by the authorities. CCHR encourages other organizations and institutions – government and non-government – to publish similar information to increase the material available and to enhance the public’s understanding of this issue and help the authorities to better manage there response.