Cambodia Passes First Law to Combat Graft

Son Chhay, a legislator with the opposition Sam Rainsy Party

Cambodia's parliament has passed the country's first law to combat corruption, but critics say it is flawed, and could entrench rather than end corruption.

After 15 years of trying, Cambodia now has a law against corruption, which is a scourge in this impoverished nation.

Parliament passed the legislation on Thursday. Among other things, it imposes prison sentences of up to 15 years on officials convicted of taking bribes. It also requires politicians, military personnel, police officers, judges, and civil servants to disclose their wealth to a new anti-corruption body. Leaders of civic action groups also must report their wealth.

The government calls the new law an important tool in fighting corruption.

But many opposition politicians and civic activists are critical.

Yong Kim Eng is from the Coalition for Integrity and Social Accountability, a collection of organizations fighting graft.

He says that since those serving on the anti-corruption body will be appointed by the ruling party and will report to the prime minister, there is the risk of political interference.

"Also we have questioned a lot about that as well - about independence, about what it will be accountable for. We want to have enough independence that this body can take action, can reduce the corruption in Cambodia," he said.

Son Chhay, a legislator with the opposition Sam Rainsy Party, fears the law will be misused.

"Because the prime minister and the deputy minister of the Council of Ministers will have full control over who can be prosecuted. The target will be the opposition and civil society, or the group of businesses who are not willing to support the government, who are critical of the government. So they will be able to find something there to prosecute them," he said.

Critics complain the government ignored requests for the public to have a say in drafting the new law. Son Chhay says that among the changes the ruling party refused to consider was making financial disclosures public.

A government spokesman responded to the criticism by saying that the opposition will have the opportunity to propose amendments in the future, as with any law.

Corruption is a serious problem here. Last year, the U.S. ambassador to Cambodia said that $500 million is lost to graft each year, a comment that angered Phnom Penh. And the international anti-corruption group Transparency International ranks Cambodia as one of the world's most corrupt countries.

On Friday the U.S. Embassy welcomed the passage of the law and expressed hope that rules to implement it will "clarify and enhance" its aim of combating corruption in accordance with international standards.

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Tan Chong to distribute Nissan CBUs in Cambodia

KUALA LUMPUR: TAN CHONG MOTOR HOLDINGS BHD []'s wholly-owned subsidiary ETCM (C) Pty Ltd, has secured the exclusive rights to distribute Nissan vehicles in Cambodia.

In a statement on Thursday, March 11, Tan Chong said its subsidiary has entered into a distribution agreement with Nissan Motor Co Ltd to solely distribute completely built-up (CBU) vehicles in Cambodia.

ETCM also was given the right to appoint dealers to sell the vehicles and/or perform after-sales services.

"The expansion of the group's 50-year alliance with Nissan Motor into the vehicle market in Cambodia provides a strategic benefit to spread our Nissan business outside of Malaysia to tap into emerging markets," Tan Chong said in the statement on Thursday.

Our local knowledge of the region will add value to Nissan's global brand presence in Asean in line with further Afta market liberalisation," Tan Chong said in the statement.

The total financial commitment for the new Nissan business in Cambodia for the first five years of operation, including setting up of showrooms and working capital, is estimated at US$5 million (RM16.6 million), to be funded by Tan Chong group from its internal sources.

The distribution is expected to commence by 2Q10, with initial sales volume estimated at 200 units a year.

"The new business venture is not expected to contribute significantly to the group's revenue and profit for FY10 ending Dec 31, but is expected to contribute positively to the earnings of the group in the long term," the statement added.
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Cambodia passes controversial anti-graft law

By Prak Chan Thul

PHNOM PENH (Reuters) - Cambodia's parliament passed a controversial anti-graft law on Thursday, with the government unmoved by protests from rights groups and opposition politicians who say the legislation will entrench official corruption.

The National Assembly, dominated by the ruling Cambodian People's Party, voted in favour of the long-awaited bill despite calls from the United Nations and civil society groups to postpone the vote so the public could be consulted.

Lawmakers from the opposition Sam Rainsy Party (SRP) walked out in protest at what they said was a law that lacked transparency and would deter individuals from reporting corruption.

Critics also complained the law did not require government officials or their spouses to declare their assets, which they said would promote illegal practices.

"This is a law to protect corruption," SRP spokesman and lawmaker Yim Sovann told reporters as he joined the walkout. "It doesn't mean anything. The people have not been involved in the fight against corruption."

Yim Sovann said the legislation did not guarantee members of a yet-to-be appointed Anti-Corruption National Council would be independent of the government.

He also joined rights groups in condemning a clause under which whistle-blowers making corruption allegations could be jailed for up to six months if their claims could not be proven.

Cambodia has come under fire over its strict defamation laws, which rights groups and opposition lawmakers say are being used to stifle criticism of the government.

Corruption is rife and the payment of bribes is part and parcel of doing business in the impoverished Southeast Asian country, from one-off payments to state officials to guarantees of lucrative contracts or shares of company profits.

Graft watchdog Transparency International last year ranked Cambodia 158th out of 180 countries in terms of corruption, with a low-ranking denoting high instances of graft.

The United Nations had expressed concern about the bill, which took 15 years to draft, and had urged the government to provide more time for the public, aid donors and civil society to scrutinise the legislation before it was passed.

In a statement released on Wednesday, before the law was approved, it said the draft should undergo a "transparent and participatory consultation process" and "contain sufficient safeguards to protect the rights and duties of Cambodian people who will be the ultimate beneficiaries".

Deputy Prime Minister Sok An countered criticism of the draft in parliament and defended the clause that punished whistle-blowers whose claims could not be proven.

"It is not just Cambodia that prevents the issue of causing trouble or launching attacks on individuals," Sok An said. Read more!

Cambodia drug-resistant malaria stirs health fears

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PAILIN, Cambodia (Reuters) - In a dusty village near the Thai-Cambodia border, 24-year-old Oeur Samoeun sits on a dark green hammock recovering from a strain of malaria that has resisted the most powerful drugs available.

Ravaged by days of fever and chills, he is considered lucky: the parasite has left his body. But for many others, the potentially deadly disease never quite disappears.

His province of Pailin is the epicentre of strains of malaria that have baffled healthcare experts worldwide, raising fears a dangerous new form of malaria could already be spreading across the globe.

"The fear is what we're observing right now could be the starting point for something worse regionally and globally," said Dr. Charles Delacollette, Mekong Malaria Programme Coordinator at the World Health Organisation.

A new England Journal of Medicine study last year showed that conventional malaria-fighting treatments derived from artemisinin took almost twice as long to clear the parasites that cause the disease in patients in Pailin and others in northwestern Thailand, suggesting the drugs were losing potency in the area.

That is echoed by U.S. development agency USAID, which says artemisinin-based combination therapy is "now taking two to three times longer to kill malaria parasites along the Thai-Cambodian border than elsewhere." The agency has helped to monitor the situation in the area for years.

The disease transmitted via mosquito bites kills more than 1 million people worldwide each year and children account for about 90 percent of the deaths in the worst affected areas of sub-Saharan Africa and parts of Asia.

The studies shine a spotlight on the remote province of Pailin, a former stronghold of ultra-communist Khmer Rogue rebels and once reknown for blood-red rubies and lush forests.

MULTIPLIED AND DISPERSED

Pailin is the origin of three drug-resistant malaria parasites over the past five decades. Thanks to prolonged civil conflict, dense jungles and movement of mass migrants in the gem mines in the 1980s and 90s, the strains multiplied and dispersed through Myanmar, India and two eventually reached Africa.

Few can say why it is a hotbed for drug-resistant malaria but experts point to a combination of sociological factors and a complicated history spanning the Khmer Rouge era when 1.7 million people, nearly a quarter of Cambodia's population, perished from execution, overwork or torture during their 1975-79 rule.

Driven from the capital, the rebels waged an insurgency from western Cambodia with Pailin one of their last holdouts until their defeat in the late 1990s.

"During the Khmer Rouge era, people came here illegally and when they get malaria, they go to the market, buy pills and self-medicate," Sophal Uth, a Pailin-based field officer for non-profit Malaria Consortium said. "It was difficult for the government to control."

With weak public health infrastructure and rising malaria cases, Cambodia made malaria drugs available over the counter more than a decade ago. Most Cambodians don't have access to public health services and rely on private medical centres.

The strategy carried risks. Easy access reduced the number of cases but also led to incorrect dosages and substandard or counterfeit medicine, which instead of killing the parasites only make them stronger.

For some like Oeur, a migrant worker who likely caught malaria on a logging trip or while sleeping in his rickety shed without a mosquito net, artemisinin-based medicine still works.

Artemisinin, derived from the sweet wormwood, or Artemisia annua plant, is the best drug available against malaria, especially when used in artemisinin combination therapy (ACT) medicines made by firms such as Swiss drugmaker Novartis AG and France's Sanofi-Aventis.

MOST HAVE HAD MALARIA

After three days of ACT, Oeur is weak but parasite-free.

The Mekong River region of Thailand, Cambodia, Vietnam and Laos use ACTs against the "falciparum" parasite, the most severe form of malaria, as suggested by the World Health Organisation.

"Artemisinin is the most effective antimalarial we have left," Dr. Chansuda Wongsrichanalai of USAID's office of public health in Bangkok said. "We don't have any ideal alternatives available and ready to for use in a control programme right now."

Pailin's gem mines are gone and so are most foreign migrants and the troops. Severe deforestation has left most hill tops barren. Yet the parasites are as virulent as ever. Most of its inhabitants have had malaria at least once in their lives.

Malaria experts, weary of being called alarmists, are quick to point out ACTs still work -- they are just taking longer. The WHO isn't even calling it drug-resistance, they preferred to use the term "altered response" or "tolerance to artemisinin."

"From a public health perspective, I don't think it really matters much if it's resistance or something else given that at the end of the month, patients are returning to the health facility with the same malaria," Dr. John MacArthur, chief of the President's Malaria Initiative at the U.S. Centres for Disease Control and Prevention said.

Potential fallout from ACT resistance led the Bill & Melinda Gates Foundation to fund a $22.5 million (15 million pound) containment programme. Cambodia will also receive $102 million from The Global Fund to fight malaria in the next five years.

The Gates Foundation programme aims to use screening, bed nets and grass-roots muscle to contain the parasites along the border area and eliminate them before they can spread further.

Last November, Malaria Consortium said studies show artemisinin resistance already may be present in Myanmar, China and Vietnam, where between 12-31 percent of patients still had the parasite in the system after three days of treatment.

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CAMBODIA: War crimes court juggles public demands

PHNOM PENH, 10 March 2010 (IRIN) - Competing pressures in Cambodia's Khmer Rouge war crimes tribunal could work against the victims it is supposed to represent, human rights groups warn.

Since its establishment in 2006, the UN-backed tribunal has sought to provide a greater voice to victims of the regime, while at the same time expediting a legal process bogged down by delays. As a result, the court decided last month to filter the representation of all victims through two lawyers because of the high number of applicants seeking to participate in the second case.

Known as the Extraordinary Chambers in the Courts of Cambodia (ECCC) [http://www.eccc.gov.kh/], the tribunal includes a "civil party" system designed to give lay people an official role to provide testimony, question suspects and request reparations.

More than 4,000 people applied and about 250 had been accepted by the end of last year. By contrast, just 90 civil parties participated in the tribunal's first case.

Court delays

In the tribunal's first case last year against the regime's most notorious prison chief, Kaing Guek Eav, civil parties were represented by four legal teams, giving victims a strong presence in the courtroom.

But participation was often muddled by repetitive and irrelevant questions from some lawyers that steered testimony away from the core issues of the trial and slowed proceedings.

This, coupled with the ballooning number of civil parties, prompted the tribunal to seek victim participation reforms for its remaining case.

Still awaiting trial in the second case are four ageing leaders, widely considered the architects of the Khmer Rouge's vision to transform the country into an agrarian utopia. Some 1.7 million Cambodians died in the process, according to estimates.

In a 9 February ruling, the court said victims would be represented in the second case by two lead lawyers, one Cambodian and one international, whose strategy and views are supposed to reflect a consensus among the individual civil party lawyers.

"The number of Civil Party applicants, combined with the complexity, size and other unique features of the ECCC proceedings, make it necessary to adopt a new system of victim representation during the trial and appeal stage," the court said in a statement. [http://www.eccc.gov.kh/english/news.view.aspx?doc_id=336]

But while most observers recognize that the original system of individual legal representation would be impractical in the much larger second case, they warn that their diminished role could make victims feel disenfranchised.

"A lot of people's stories will be lost," says Thun Saray, president of the local rights group Adhoc. "The victims have an important role to play and this gives them a smaller role."

Applications limited

The charges against the suspects in detention are restricted to particular crime sites, which means prospective cases pertaining to other sites will not be able to participate in the trial.

"It's common in all courts dealing with crimes of this magnitude to limit the investigation to a representative sample of all the crimes committed because of time and resource constraints," court spokesman Lars Olsen told IRIN.

While the court's investigation into the second case began in 2007, the public was not told which sites were involved until last November – leaving them little time before the deadline in January.

"I think it will be a very big problem when many of the victims who want to be civil parties are told the crimes against them don't apply [to the trial]," said Sok Sam Oeun, director of the Cambodian Defender's Project [see: http://www.cdpcambodia.org/] , a legal aid group. "Many didn't know about the guidelines until very late."

The court, in turn, says victims should not regard their status in the court as an official judgment of their suffering.

"It's a technical decision as to how they relate to the particular cases," Helen Jarvis, head of the court's Victims' Support Section, told IRIN.

"Even if they're not designated a civil party, their information is valuable to the court's investigation of the systematic nature of the crimes. There is bound to be some disappointment but they should not feel there are first-class victims and second-class victims." Read more!

JETRO opens office in Cambodia to promote trade, business ties+

PHNOM PENH, March 10 (AP) - (Kyodo)—The Japan External Trade Organization officially opened its office in the Cambodian capital Wednesday to promote trade and business ties between Japan and Cambodia.

Cambodian Commerce Minister Cham Prasidh said at the opening ceremony in Phnom Penh that JETRO will play an important role in "bridging business ties" between Cambodian and Japanese businesspeople, and expressed his strong hope that two-way trade as well as and Japanese investment in Cambodia will rise in the near future.

JETRO Chairman Yasuo Hayashi said at the ceremony that the new office in Cambodia will focus not only on promoting Japanese investment in Cambodia and bilateral trade, but also on developing Cambodia's export industries.

The Japanese government-backed organization, which was set up in 1958 to promote Japanese exports, changed its charter after Japan became a major exporting country and now helps Japan's trading partners to tackle the Japanese market.

Hayashi said two-way trade between Japan and Cambodia has more than doubled over the past decade, from $104 million in 2000 to $255 million in 2009.

Japanese exports to Cambodia declined by 39.4 percent in 2009 year on year to $112 million, mainly because of the financial crisis, but imports from Cambodia grew by 18.3 percent to $143 million, he said.

Japan's main exports to Cambodia are vessels, machines and transportation equipment, and its main imports are footwear and sewn products.

Hayashi said the number of Japanese companies investing in Cambodia has increased from 36 in 2008 to 57 as of the end of January this year, a growth of over 20 in less than two years.

Cham Prasidh noted that Japan ranks 14th among foreign countries investing in the country, far behind China and South Korea which rank first and second respectively in terms of size of capital investment.

He said Cambodia can offer Japanese investors a central location in Southeast Asia, a good seaport and cheap labor.

Including the newly launched office in Phnom Penh, JETRO now has offices in eight of the 10 ASEAN countries -- all except for Brunei and Laos.

Read more!

Cambodia to preserve for tourism sites at Khmer Rouge stronghold, including Pol Pot grave

By Associated Press


Phnom Penh, Cambodia (AP) — Cambodia will preserve 14 sites at the last bastion of the murderous Khmer Rouge, including the home of their leader Pol Pot, as tourist attractions, an official said Wednesday.

Following Cabinet approval last week, the sites at Anlong Veng will be protected from destruction by local people and illegal encroachment, the area's district chief Yim Phana said.

Anlong Veng, about 185 miles (300 kilometers) north of Phnom Penh, fell to government forces in 1998 after nearly 20 years of fighting.

The Khmer Rouge regime, under which an estimated 1.7 million people died from execution, disease and malnutrition, was toppled in 1979 but its guerrillas fought on in the jungles, with Anlong Veng becoming their last stronghold.

Yim Phana said the 14 sites include homes belonging to Khmer Rouge leaders, an ammunition warehouse and the grave of Pol Pot, who died in 1998.

Once a remote town, Anlong Veng is now connected by good roads to nearby Thailand and Cambodia's greatest tourist attractions, the temples of Angkor.
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Cambodian rubber exports rose 36pc last year, government says

CAMBODIA’S rubber exports to international markets increased by an annualised 36 percent in 2009, according to official figures obtained from the Department of CamControl Tuesday.

Data show that the Kingdom exported 32,871 tonnes of rubber worth about US$61 million to Vietnam through the Trapaing Thlong border in Kampong Cham province and O’Yadav crossing in Ratanakiri province last year.

Around 24,199 tonnes of rubber, worth about $45 million, were exported in 2008.

Commentators believe the real amount of rubber leaving the country may have been even higher than CamControl’s statistics, due to still-prevalent illegal smuggling.

Ly Phalla, director general of the Cambodian Rubber Plantation Department (CRP), told the Post Tuesday: “We believe that the real quantity of rubber which Cambodia exported last year would be more than what was shown in the official statistics, considering the amount of rubber plantations in the country in 2009.”

The real quantity of rubber which Cambodia exported last year would be more.

According to statistics from the CRP, Cambodia had 34,000 hectares of yielding rubber plantations in 2009.

Ly Phalla added that Cambodia may be able to harvest at least 60,000 tonnes of rubber in 2010, as 50,000 hectares of trees would reach yielding maturity this year.

However, Mork Kim Hong, president of the Cambodian Rubber Association, said he believes that although the country has produced newly yielding trees, others have been cut down and replaced with other crops.

“We agree that there are newly yielding trees, but we do not think that rubber output will be very high,” he said, adding that at present, average output at big plantations is 1.4 tonne per hectare. At smaller plantations it can be up to 2 tonnes per hectare, he said.

Nevertheless, Cambodia’s rubber exports have increased each year since crop prices on international markets increased in 2008.

In 2009, Cambodia’s rubber price was between $1,000 and $3,100 per tonne. This high price has been echoed in recent months on international markets.

According to Bloomberg, rubber futures traded in Japan have advanced 7 percent so far this year, after doubling in 2009.

Production has fallen, while global economic recovery and government stimulus measures in China and the United States have boosted demand for tyres.

Regional rise in output
Rubber output in Malaysia, the world’s third-largest grower, is set to rise by 17 percent this year as farmers boost yields to benefit from high prices, a Bloomberg report said Tuesday.

Malaysia’s Minister for Plantation Industries Bernard Dompok said that production may reach 1 million tonnes in 2010 from 856,189 tonnes last year.

India, the world’s fourth-biggest producer, increased production by 6.7 percent last month after record prices prompted farmers to boost yields in the main growing region, the state-operated rubber board said.

Predictions that rubber production will continue to be on the rise worldwide during this year have also been echoed by the Association of Natural Rubber Producing Countries, an organisation of which Cambodia is the newest member following admission last year.

On March 1, the association said that output was set to surge in Vietnam, Malaysia and India between February and April this year, typically a period of low production. Read more!

Man to be deported after 27 years in Oz

KARLIS SALNA

Authorities are seeking to deport a Cambodian-born man, raised and educated in Australia since arriving as a nine-year-old some 27 years ago.

The unidentified man does not want to return to Cambodia where six of his eight siblings are reported to have been killed.

He says he no longer has any family or other contacts in Cambodia.

A report by the Commonwealth and Immigration Ombudsman, tabled in the federal parliament on Wednesday, reveals his tragic past.

It includes time spent in jail, where he had a history of self-harm that continued after being placed in immigration detention.

In May 2009, a noose was discovered in his room at the Villawood Detention Centre where he has been for almost three years.

"He is recorded as having attempted self-harm a number of times when previously in gaol, including at least one attempt at hanging," according to the Ombudsman's assessment.

While the report concedes the man has not responded well to attempts at rehabilitation, it points out that having been in Australia for the majority of his life, he is basically a member of the community.

"It nevertheless remains relevant that Mr X came to Australia as a child of nine, was raised and educated here, and, despite his poor record as a member of the community, has been part of the Australian community for almost 27 years."

But despite having been here for much of his life, he is considered a non-citizen, and the Department of Immigration and Citizenship wants to "remove Mr X to Cambodia".

The ombudsman has recommended the man be considered for a suitable visa until a decision is made about his long-term immigration status.

He is one of seven individuals the Ombudsman has reported on.

Five of those included in the document have been in detention for more than three years, including one for almost seven years and another for five years and nine months.

Four of the detainees are being held at Villawood while the other three are in community detention.

Read more!

Cambodian NGOs slam anti-graft bill before debate

By Prak Chan Thul

The anti-corruption law in Cambodia is just a game play under the eyes of donors. The law is in a protection of all CPP elite criminals.

PHNOM PENH (Reuters) - Rights groups in Cambodia on Tuesday deplored an anti-corruption law that parliament will debate this week, saying it would not stop graft and offered no protection to whistle-blowers who uncovered corruption.

A coalition representing about 245 local non-governmental organisations (NGOs) told a news conference that debate on the anti-graft law -- in the works for 15 years but put quickly before parliament after being published on March 4 -- should be delayed for a month so the public could be consulted.

In particular, the groups wanted officials' assets to be declared publicly and whistle-blowers protected.

"If witnesses can't have protection, no one is going to come forward and report," said Pung Chhiv Kek, president of rights group Licadho, adding that witnesses could lay themselves open to defamation suits.

The debate is due to start on Wednesday.

Phay Siphan, a Cambodian government spokesman, rejected the criticism.

"The anti-corruption law will make the country an equitable society. The country will provide better public services and become a moral society," he said.

The main opposition Sam Rainsy Party said it joined the civil society groups in asking for a delay to the parliamentary debate.

"The draft is not good enough and was sent to parliament hurriedly," said party spokesman and lawmaker Yim Sovann.

"This law is not good, both in terms of the mechanism and the legal means to prevent corruption. There is not enough political will to fight corruption," he added.

(Reporting by Prak Chan Thul; Editing by Alan Raybould) Read more!

ASEAN chief clarifies statement on Cambodia issues

The Secretary-General of ASEAN clarified that media reports quoting him over a military exercise in Cambodia on March 4, 2010 were taken totally out of context, a statement released by the ASEAN Secretariat said here on Tuesday.

Dr Surin Pitsuwan said his comments were with specific reference to the prevailing situation along the Cambodian-Thai border and not to any particular military exercise in Cambodia.

"The question directed at me was of a general nature, and my responses were with specific reference to the prevailing situation along the Cambodian-Thai border which I have expressed on many occasions before to all ASEAN Foreign Ministers and to the ASEAN Leaders," said Dr Surin in response to media reports on his comments.

Dr Surin was quoted by a news agency on March 5 as saying, "We are very concerned with such development," in response to a question from the media after attending a conference in Bangkok.

Dr Surin added that his concerns on the border situation had been publicly expressed on numerous occasions and were a routine response to media enquires.

He stressed that no other media, foreign or Thai, had reported on his statements made following the Bangkok conference.

Expressing his deep regret that the issue has caused much misunderstanding and discomfort and had "a very unfortunate and unwarranted effect", Dr Surin said he had no intention nor was he referring to any particular military exercise in Cambodia which he had no knowledge of at that point in time.

Source: Xinhua Read more!

Khmers complicit in Vietnamization

My apologies. It's impossible to answer all e-mails on or related to any week's topic. But be assured that I read every one and even retrieve some that my ISP sends to a spam folder. My answers will sooner or later find their way to my columns.

To some who urge that I translate my writing into Khmer, I respond that God never meant a day to exceed 24 hours. Can't someone translate them?

A few days ago, the Hun Sen military test-fired 100 miles from the disputed border with Thailand, some 200 Russian-made Katyusha rockets, a Stalin-era weapon known today as BM21. A bank of 40 launch tubes mounted on a truck can fire in 20 seconds, with a range of about 20 miles and more.

Sen's military spokesman said the test was to strengthen Cambodia's abilities for "national defense against invaders." The test firing helped keep people intimidated and Sen in power.

Did it sidetrack the issue of Vietnamization of Cambodia? It seems only retired Johns Hopkins professor Naranhkiri Tith keeps a focus on the issue on his Web site. http://cambodiana.org/default.aspx. His proposed "roadmap," is a path he describes as "necessary but not sufficient," to save the Cambodian people.

His schematic should have been translated into Khmer long ago, because, if I rephrase a common saying to relate to Tith: "I know that you believe you understand what you think Tith said, but I'm not sure you realize that what you heard is not what he meant."

A reader e-mailed me George Santayana's quote -- "Those who cannot learn from history are doomed to repeat it" -- but I am reminded of Karl Marx's, "History does nothing; it does not possess immense riches, it does not fight battles. It is men, real, living, who do all this." I like Thomas Jefferson's "I like dreams of the future better than the history of the past" and American poet and champion of individualism Ralph Waldo Emerson, who said, "Make the most of yourself for that is all there is of you."

Today, let me examine the 25-year "Treaty of Peace, Friendship, and Cooperation" that effectively integrated Cambodia into a greater Vietnam.

As people educated in the culture of Confucianism, Vietnamese leaders' actions are, generally, carefully thought-out and calculated to maximize Vietnam's interests. They know what they want, what their national interests are and they move methodically to attain them.

Unfortunately for Khmers and their country, King Sihamoni, son of King Father Sihanouk, signed the supplements to the treaty, giving Vietnamese full access to colonize and Vietnamize Cambodia. The treaty cites "the traditions of Vietnam-Kampuchea militant solidarity and fraternal friendship."

Recall the Vietnamese revolutionary activities in Cambodia, described in my earlier column: Among them, in 1949, Hanoi's Canvassing Committee created the Revolutionary Kampuchean People's Party and, in 1950, Hanoi created the Kampuchean People's Liberation Army. That was the near 30 years of "great revolutionary gains" for Cambodia?

In its preamble, the treaty cites the "closely interrelated" independence, freedom, peace and security of Vietnam and Cambodia -- what affects one affects the other -- and that both countries are "duty-bound to help each other wholeheartedly and with all their might" safeguard and consolidate the products of their "revolution." It cites both countries' "militant solidarity" and "long-term and all-round cooperation and friendship" as representing their "vital interests."

In the treaty's first three articles, the Cambodians hand Ho Chi Minh the goal he had dreamed about.

In Article 1, the two countries pledge to "do all they can" to maintain their "traditions of militant solidarity" and to develop "mutual trust and assistance in all fields." In Article 2, they pledge to "wholeheartedly support and assist each other in all domains and in all necessary forms," as well as to take "effective measures to implement this commitment whenever one of them requires."

Cambodian leader Hun Sen can "require" Vietnamese intervention and Sen will be assisted "in all domains and in all necessary forms," and vice versa.

In Article 3, both countries pledge "mutual fraternal exchanges and cooperation" and mutual assistance in the economic, cultural, educational, public health, scientific, and technological fields, as well as the training of cadres and the exchange of "specialists and experience in all fields of national construction."

Article 4 stipulates a border agreement based on the "present border line." In Article 5, both parties pledge a "long-standing tradition of militant solidarity and fraternal friendship" to which they "attach great importance." Article 6 requires that the parties "frequently exchange views" on all questions concerning both countries' relationships and on "international matters of mutual interest." Articles 7, 8, 9, speak of the right and obligation of each party to any bilateral and multilateral agreements.

The treaty opens the door for Vietnam to operate in Cambodia. For example, Vietnam always has been short of food, and Cambodia is historically rich in fertile land and fish and natural resources.

In 1962, Prince Sihanouk wrote: "Whether he is called Gia Long, Ho Chi Minh, or Ngo Dinh Diem, no (Vietnamese) will sleep soundly until he succeeds in pushing the Khmer toward annihilation, after having made them go through the stage of slavery."

Pol Pot and his French-trained Marxists handed Cambodia to Vietnam. Then Heng Samrin and company agreed to a Vietnamized Cambodia. Now the King has ratified it.

Why blame the Vietnamese for expansionism when Khmers have acquiesced to it?

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where he taught political science for 13 years. Write him at peangmeth@yahoo.com. Read more!

Helping communities in Cambodia save for change

When Sean Ing first heard of "Saving for Change" in January 2009, she was skeptical. But Ing had a big expense coming up - her daughter's wedding, which she wasn't sure how to fund. Ing owns 1.5 hectares of farm land, but it takes her half a year to harvest the rice and she had limited access to banking services. So she decided to listen.

"First I decided to just listen to what the trainer had to say about saving money. Then it got more interesting, and I thought I would want to give it a try," the 53-year-old thin, jovial farmer said.

Then Ing found out Saving for Change allows members loans not only to solve short-term credit needs, but also to expand their income sources such as by raising livestock and growing vegetables.

She decided to join a savings group to help address her family's financial difficulty.

Ing lives in Bantoat Bos, a village some 400 km from the Cambodia's capital, Phnom Penh. People in Ing's village depend heavily on rain-fed agriculture for their living. The majority grow wet-season rice. During the dry season, some migrate to other provinces and some cross the border to look for work in Thailand.

Many are poor, earning less than a dollar a day. And like many poor Cambodians, most villagers in Bantoat Bos consider themselves too poor to save money.

The Saving for Change program aims to address this misconception.

Never too poor to save Five men and five women in Ing's village started their Saving for Change group in mid January 2010. With the support of a trainer, they established group rules, selected group leaders, and named their group Bantoat Bos Prosperity.

This group meets and saves three times a month, and members can borrow money at the second meeting of every month. When the group meets, each member puts in savings ranging from 5,000 Riels ($1.25) to 15,000 Riels ($3.60) into the group's savings box.

In January, Bantoat Bos Prosperity saved 305,000 Riels ($75) and Ing was the first beneficiary. She borrowed 300,000 Riels to prepare meals - buying chickens, pork, and vegetables - for her daughter's wedding.

According to the group's rules, Ing will pay a two percent interest per month, and she has three months to pay back the loan. That will give her enough time to harvest and sell her rice.

The Saving for Change program shows poor, rural communities how to save their money as a group and make small but important loans to each other. Members of Ing's group act as their own community bank - they save, lend, and pay each other interest.

This approach has helped Ing and thousands of other Cambodian families to reduce dependency on credit providers, moneylenders, and intermediaries who would demand collateral like land titles and charge high interest.

From small savings to big changes During an Oxfam's recent visit, all 10 members of Bantoat Bos Prosperity gathered under the shade of some banana, coconut and mango trees. They sat in a circle on a blue plastic sheet and began their group meeting.

Everybody had some money to save. Ing handed over 10,000 Riels ($2.50) for savings and 6,000 Riels ($1.50) to cover the interest on her loan.

These savings are tiny amounts but they add up over time, and in return, can help people like Ing overcome financial difficulty and bring changes in their lives.

They also teach Bantoat Bos Prosperity members basic skills in managing financial resources.

In Cambodia, the Saving for Change program has been helping people in Banteay Meanchey and Preh Vihear provinces since 2009 to work their own way out of poverty.

Since Oxfam America launched the program in Mali in 2005, it has spread to three other countries - Senegal, El Salvador, and Cambodia - and is reaching 351,000 families who have mobilized savings of more than $6 million.

Working with local organizations in Cambodia such as RACHA and Save Cambodia's Wildlife, Oxfam America has formed Saving for Change groups for 41,000 people and about 80 percent of them are female. The organization expects to reach 91,000 Cambodians in the next three years. Read more!

Lending Scheme to Bring Solar to Cambodia’s Poor

By SIMON MARKS


With access to solar-powered energy products for Cambodia’s rural poor extremely limited, the solar energy company Kamworks and the Cambodia Mutual Savings and Credit Network are partnering to provide low-interest loans to customers hoping to outfit their homes with solar panels, while Kamworks will provide and install the equipment.

Directors at the two companies said the scheme — the first of its kind in Cambodia — will help the country’s rural poor gain access to renewable energy.

“You have to say the investment for solar-powered technology is higher initially than fossil fuels,” said Jeroen Verschelling, a director at Kamworks. “Even though there is a payback time of less than one year, people still find it very hard to make the investment.”

Mr Verschelling said all the equipment Kamworks produces will have to be of the highest quality as “the moment it stops working the client will stop paying” back the loan and the foundations of the entire partnership will come undone.

Buyers interested in equipping their homes with solar technologies will first pay a visit to Cambodia Mutual Savings, which will share retail space with Kamworks at a building in Cambodia’s Kandal province, to take out a loan ranging from $25 to $599, depending on the product. A visit to Kamworks would complete the purchase.

Customers can go for a small solar-powered lantern, which aims to replace kerosene lighting at a cost of $25, or they can purchase a complete solar home system, which ranges from $199 for a 20-watt array to $599 for 80 watts.

The lantern comes with a one-year warranty, while the panel systems are covered for 20 years.

“This should create less dependency on fossil fuels for power,” said Mr Verschelling. “We are trying to do something about climate change.”

Mr Verschelling said that entering the market before the national grid expands is probably its best bet with less than 20 percent of rural inhabitants with a sustained power supply for electricity.

“I’m not sure if the grid is really the answer for the poor parts of society,” he said. “It’s not a clean energy source as most of the energy comes from fossil fuels.”

Moreover, once the loan is paid off, households fitted with the solar products should see their living costs decline.

“It is totally new and if it is efficient we can develop it further,” said Christine Dellocque, managing director at Cambodia Mutual.

Ms. Dellocque said the lender had determined interest rates for the loans — which could be as low as 1.7 percent — by conducting studies of household wages and saving capabilities among potential borrowers in Kandal province.

Before a loan is handed out, Cambodia Mutual will ensure that borrowers have set up a savings account at the company, a measure Ms. Dellocque said will act as security to the loan.

“If clients have a capacity for saving, they also have the capacity for credit,” she said.

Ms. Dellocque added that using traditional collateral — land titles and property — as security for such small loans was unbalanced. Instead, the solar panels themselves will be used as collateral, she said.
Read more!

Rape victims face bribes, corruption

Associated Press


PHNOM PENH, Cambodia — Rape victims seeking justice in Cambodia face serious obstacles such as police who demand bribes before making an arrest, a human rights report released today said.

The report by Amnesty International says the incidence of rape appears to be growing in Cambodia, but corruption and discrimination within the police and courts prevent rapists from being prosecuted.

The London-based group based its findings on research in 10 provinces last year and dozens of interviews with rape victims between the ages of 10 and 40, family members, government officials, rights groups, medical personnel, police and lawyers.

One of those interviewed was the father of an 19-year-old woman with a learning disability who was raped twice. The father said police asked him for 100,000 riel ($25) to arrest his daughter's attacker — an amount roughly equivalent to the monthly salary of a civil servant.

"Police only work if you have money, if you can pay," the father was quoted as saying in the report. "But we don't have that. And if you don't, the police just ignore the case."

Donna Guest, Amnesty's Asia-Pacific deputy director, said some rape victims were forced to marry their attackers as part of a deal between the families involved, who see it as a way to marry off a woman stigmatized by rape while dropping the complaint against her attacker.

"For too many survivors of rape, the pursuit of justice and medical support adds further distress to the initial abuse," Guest said.

Amnesty urged the Cambodian government to "publicly condemn sexual violence," saying much more needs to be done to dispel the stigma associated with rape.

There are no comprehensive statistics on rape and sexual violence against women and girls in the country, but officials at the National Police, the Ministry of Women's Affairs and elsewhere "believe the incidence of rape in Cambodia is increasing and that a growing number of victims are children," the report said.

Police recorded 468 cases of rape, attempted rape and sexual harassment in 2009, a 24 percent increase over the previous year, but those figures are considered low and unreliable, the report said.

Interior Ministry spokesman Lt. Gen. Khieu Sopheak confirmed that rapes cases in Cambodia appear to be increasing, but he criticized the Amnesty report as overly negative.

"Even though there is an increase in rape cases, I can assure you that all of the rapists we have arrested are in jail," he said.

Read more!

Rape risk rises in Cambodia, says Amnesty International

By Guy DeLauney
BBC News, Cambodia


Human rights organisations in Cambodia have called for the government to tackle the rising incidence of rape.

A report by Amnesty International says victims have limited access to justice, medical services and counselling.

It claims that rape cases are often settled by cash payments to the victim - or bribes to the authorities.

Official statistics show a significant increase of the number of rapes reported to police last year - almost a quarter more than in 2008.

But Amnesty says the true figure may be much higher - because many victims never tell the authorities about their attacks.

Commander's block

Its report highlights a lack of faith in law enforcement officials and the judicial process.

One incident cited involved a policeman accused of sexually assaulting a woman in a karaoke bar.

His commanding officer refused to press charges - and insisted the attack could not be considered rape, as the woman had not been a virgin.

The government has acknowledged that sexual violence is a problem.

In a speech last week, the minister of women's affairs said there were increasing fears of gang rape.

She suggested that increasing access to alcohol, drugs and pornography was responsible.

Social workers say that a change in attitude towards victims of sexual violence is sorely needed.

Sun Maly runs a women's safe house in Battambang province.

"When they become victims of rape like this they become stigmatised by their own community. Especially in the case of children - when they've been sexually assaulted they drop out of school because of discrimination or embarrassment," she said.

Amnesty says that that many cases are currently settled by cash payments - or not pursued because the victim cannot afford to pay police and court officials.

It is calling on the authorities to make sure that those who commit rape or sexual violence are punished through the judicial process.

Read more!

Full steam ahead for new rail link in south-east Asia

By Elaine Moore in Phnom Penh


Plans for a long discussed rail network to link China to six south-east Asian countries are advancing as critical gaps are filled in Cambodia.

An antiquated line to Vietnam built by the French a century ago is at present China's only rail link to the region, but officials began plotting the new network in 1995 to extend the French connection through various national lines all the way to Singapore, the southern tip of mainland south-east Asia.

The network is expected to strengthen economic ties by reducing transport costs and making travel more convenient. A new trade agreement came into effect in January slashing tariffs on most goods exported between China and members of the Association of South East Asian Nations.

The Asian Development Bank recently agreed to extend a second $42m loan for the $141m reconstruction of Cambodia's rail network. Australia and Malaysia have also advanced funding.

Cambodia's rail network collapsed over decades of war, neglect and vandalism. Phnom Penh, the capital, lacks a functioning train station. In the north-west, locals ride along the tracks on bamboo platforms balanced on wheels.

More than 650km of track is to be renovated, including a 48km section running west to Thailand that will then connect Cambodia onward to Malaysia and Singapore. The first segment of renovated track, between Phnom Penh and Touk Meas on the coast near Vietnam, is to open to freight trains late this year.

The other segments are to be finished by 2013.

The national network will be operated by Toll Holdings, an Australian company, and Royal Group, a local company.

Cambodia's roads often become waterlogged and impassable during the rainy season, so Senaka Fernando, the chairman of the British Business Association of Cambodia, welcomed the railway project's potential to improve transport.

The next project will be to fill the gap between the Cambodia-Singapore and Vietnam-China lines.

A feasibility study is under way. Preliminary estimates put the cost at $600m-$700m.

Read more!

Block Cambodia's military-business ties, donors urged

Global Witness urges Cambodia’s donors to condemn sponsorship of military units by private businesses

Aid donors to Cambodia, including the US, EU, Japan, China and the World Bank, should send a strong message to the government that they will not countenance the bankrolling of Cambodia’s military by private businesses, said Global Witness today.

The call follows the announcement last week by Cambodian Prime Minister Hun Sen of the formation of 42 official partnerships between private businesses and Cambodian military units. The partnerships will “solve the dire situation of the armed forces, police, military police, and their families through a culture of sharing” according to a government memo.

Global Witness is concerned that this policy officially sanctions an arrangement where businesses get military protection in return for financial backing. A number of the companies named as military sponsors already have track records of using the military to protect their business interests. For example, Global Witness’s 2009 report, Country for Sale, described how the Try Pheap Company used armed forces to guard a mine in Stung Treng Province.

Other high-profile Cambodian companies allegedly providing sponsorship include the Mong Reththy Group, the Ly Yong Phat Company, and the Chub Rubber Plantation Company.

“Since the end of Cambodia’s civil war, the Royal Cambodian Armed Forces has operated as a vast organised crime network,” said Gavin Hayman, Campaigns Director at Global Witness. “It is unacceptable for private companies to be financing a military renowned for its corruption and involvement in illegal activities and human rights abuses.”

The arrangement also threatens to undermine the legitimacy of international aid, especially in the case of donors such as the US who are directly funding the military. In 2009 the US spent more than $1 million on military financing, education and training in Cambodia.

“Yet again, Cambodia’s donors are being mocked by the government’s blatant violation of basic governance and transparency standards. The existence of a strong patronage system between the military and private business is not new. But what is different and shocking is that it has become official government policy,” said Hayman. “Donors should send a firm and decisive message that Cambodia’s military exists to protect the people, not the financial assets of a privileged few.”

“This fire-sale of military units represents an appalling breach of governance standards and threatens to undermine the country’s future stability,” said Hayman. “The donor community has collectively poured billions into the restoration of peace and democracy in Cambodia since the fall of the Khmer Rouge. Surely they are not going to stand by and allow this to be undercut by a policy of selling off the armed forces to private business interests? This is tantamount to sanctioning a mercenary force.”

/Ends

Notes

1. Global Witness has worked in Cambodia for over 15 years and published 18 reports on corruption within the management of the country’s natural resources. For examples, see www.globalwitness.org

2. The policy of military-business partnerships was first reported in the Cambodia Daily on Friday 26 February in an article titled Businesses Tie Official Knot With Military. For a full list of companies and military units allegedly involved, contact Global Witness.

3. In the 2009 financial year, the US spent an estimated $1,106,000 on Foreign Military Financing and International Military Education and Training in Cambodia, according to the US Department of State’s Executive Budget Summary: Function 150 & Other International Programs Fiscal Year 2011, accessed at www.state.gov/documents/organization/135888.pdf

Global Witness investigates and campaigns to prevent natural resource-related conflict and corruption and associated environmental and human rights abuses.
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Cambodia's proposed NGO law stirs suspicion and concern

Written by: Thin Lei Win


PHNOM PENH (AlertNet) - A proposed law regulating non-governmental organisations (NGOs) in Cambodia is raising concerns among advocacy and aid groups that it will be used by the government to restrict their activities in the impoverished Southeast Asian country.

During a ceremony in November to mark 30 years of NGO-government cooperation, Cambodian Prime Minister Hun Sen said a law governing the non-profit sector would be next on the agenda after the enactment of an anti-corruption bill.

Hun Sen has talked about enacting an NGO law since 2008, but this was the first time he indicated a time frame -- the anti-corruption bill is headed to the National Assembly and many expect it to be passed soon after.

"NGOs demand that the government shows transparency, but they can't show the same to us," The Phnom Penh Post newspaper quoted Hun Sen as saying.

"We respect the local and international NGOs whose activities serve humanity and help the government of Cambodia ... They will not be threatened by this draft law," he added. "But we believe that some NGOs whose activities seem to serve the opposition party will be afraid of it."

Detractors say the draft law is an attempt to muzzle a burgeoning civil society that has become openly critical of Hun Sen who has been prime minister for the past 25 years.

His ruling Cambodian People's Party (CPP) has faced growing criticism that it has abused its power by using its parliamentary majority to interfere with the judiciary and restrict political freedom since its last election win in 2007.

"DETERIORATING" HUMAN RIGHTS

Last year, Cambodia passed legislation tightening defamation laws and outlawing public protests by more than 200 people, which rights groups and donors said were moves to stifle criticism of the ruling party.

The United Nation's special rapporteur for human rights, Surya Subedi, has also flagged up concerns about many of Cambodia's institutions, like the courts, saying they were weak.

Against this backdrop, the Cooperation Committee for Cambodia (CCC), an umbrella organisation representing more than 100 local and international NGOs, released a statement in December to say the time was not right for an NGO law. It was signed by some 230 NGOs.

"NGOs are also concerned about possible restrictions of activity on grounds of discretionary interpretation and use of the law, particularly given the deterioration of human rights situation in Cambodia since 2008," Borithy Lun, CCC's executive director, told AlertNet.

NGO officials say they have not seen a draft of the law and there have been no discussions, despite formal requests to various government ministries.

"We are not against the law. If we are spending money on behalf of the people of Cambodia, it is right that we should report to them," Sharon Wilkinson, CARE International's Cambodia country director, told AlertNet.

However, she expressed concern that a 2002 draft law was vague on the basis on which the government may refuse to register an NGO whose staff, it said, could face a fine and jail if found to be operating without the necessary registration.

TOO MANY NGOS?

Supporters of the draft law say, in a country of only 15 million people, it would help regulate a sector accommodating more than 3,000 NGOs and associations -- according to some estimates -- working on issues ranging from health, education and infrastructure to environmental protection and governance.

Although Cambodia has been peaceful for over a decade and recently enjoyed several years of economic growth and political stability, 40 percent of its population still live below the poverty line.

According to the latest U.N. human development index, four out of 10 people live below the poverty line of $1.25 a day, more than a third of children under five are underweight, life expectancy at 60.6 years is just above Namibia and Gabon and close to a quarter of the adults are illiterate.

"In Cambodia, it is easy to set up shop or register as an NGO and relatively easy to hire expatriates. It is very open and there is almost no restriction," said Francis Perez, country director of Oxfam in Cambodia.

However, he added: "The concerns of different sectors around the NGO law are legitimate and should be discussed openly."

The plethora of NGOs in Cambodia has raised questions about their own levels of transparency and accountability as well as the hefty salaries earned by expatriate staff compared to Cambodian ones.

However, it is still unclear to what extent a new NGO law would address these issues.

"The need for regulation should not be determined by the amount of NGOs, but by the actual need for further regulation," said CCC, which says self-regulation through the Good Practices Project, a voluntary certification system it has set up, is the best way to ensure NGO transparency. Read more!

Cambodia makes Khmer Rouge bastion tourist site: cabinet

PHNOM PENH (AFP) – Cambodia's government said on Friday it was designating the final Khmer Rouge rebel stronghold a historic site for international and domestic tourists.

The cabinet approved a sub-decree to "preserve and develop" Anlong Veng in northern Cambodia, the final centre for the Khmer Rouge before the movement was defeated in 1998, a statement by the government said.

Anlong Veng will be made a "historic tourism site for national and international guests to visit and understand the last political leadership of the genocidal regime."

Among the anticipated attractions is the spot where late Khmer Rouge leader Pol Pot was unceremoniously cremated under a pile of garbage and rubber tires in 1998, after he was purged from the movement.

Other attractions are a munitions warehouse, homes belonging to former Khmer Rouge cadres, and the fenced-off area where Pol Pot spent his last months under house arrest.

Officials have been planning since 2000 to transform Anlong Veng into a showcase of the communist regime?s final days. The tourism ministry has picked out some three dozen sites of interest in the isolated hilly area.

Prime Minister Hun Sen also asked cabinet officials to compile a guidebook to the area and his "win-win policy" to defeat the Khmer Rouge, the statement said.

Tourism is one of the only sources of foreign exchange for impoverished Cambodia, which is recovering from nearly three decades of conflict that ended in 1998.

The kingdom aims to lure three million tourists annually by next year, and in 2009 attracted more than two million foreign visitors.
Read more!