Thai PM hits back in Cambodia border temple row

Thai Prime Minister Abhisit Vejjajiva, pictured, has refused to back down after reopening a debate on the 11th century Preah Vihear temple on the Thai-Cambodia border which has provoked bloody clashes. (AFP/File/Kim Jae-Hwan)
Cambodian soldiers stand guard near the controversial Preah Vihear temple on the Cambodia-Thai border. Thai Prime Minister Abhisit Vejjajiva has refused to back down after reopening a debate over the ancient temple which has provoked bloody clashes. (AFP/File/Tang Chhin Sothy)

Sunday, June 21, 2009

BANGKOK (AFP) — Thai Prime Minister Abhisit Vejjajiva has refused to back down after reopening a debate over an ancient temple on the disputed border with Cambodia which has provoked bloody clashes.

Bangkok this week asked world heritage body UNESCO to reconsider its decision to formally list the 11th century Preah Vihear temple in Cambodia, as ownership of land surrounding the ruins is still in dispute.

Cambodia on Saturday rebuked Thailand for raising the matter, saying that its soldiers would defend their land again if necessary following outbreaks of violence in the past year which have left seven dead.

But Abhisit -- who made a one-day visit to Cambodia last week in an attempt to push forward border talks -- said the UNESCO move itself was to blame for the tensions.

"We are concerned that the moves by UNESCO may speed up conflicts, tensions or a border clash," the Oxford-educated Abhisit said on his weekend television programme.

He said Thai deputy prime minister Suthep Thaugsuban would soon travel to Cambodia to explain Thailand's position, but said that Bangkok still believed all border issues should be solved by peaceful measures.

Cambodia and Thailand have been at loggerheads over the land around the Preah Vihear temple for decades, but tensions spilled over into violence last July when the temple was granted UN World Heritage status.

Although the World Court ruled in 1962 that it belonged to Cambodia, the most accessible entrance to the ancient Khmer temple with its crumbling stone staircases and elegant carvings is in northeastern Thailand.

Soldiers from Cambodia and Thailand continue to patrol the area, with the last gunbattle in the temple area in April leaving three people dead.

Cambodian Foreign Minister Hor Namhong said in Phnom Penh on Saturday that his country "welcomes Thailand militarily, diplomatically, internationally or through peaceful negotiations."

"(But) it (border fighting) has happened twice... (so) if they want to send their troops to Cambodia a third time, we will welcome them too," he said.

The border between the two countries has never been fully demarcated, in part because it is littered with landmines left over from decades of war in Cambodia.

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War and conservation in Cambodia

Bokor National Park, Cambodia. Heavily armed forestry rangers and their Australian security consultant arrest a poacher with an endangered Hog Badger during a night patrol. TRAFFIC Asia 2006. Photo by: Adam Oswell with WWF.
The Kouprey Bos sauveli, a species of wild ox. Illustration by: Helmut Diller.
The Asian elephant has been hunted out of the forest around Sre Chis. Photo by: Rhett Butler.
Critically Endangered Siamese crocodile in Thailand: the species has disappeared from the Sri Chis forests. Photo by: Rhett Butler.
While tigers still reside in the forest around Sri Chis, their population has declined according to interviews. Photo by: Martin Harvey with WWF.
Phnom Penh, Cambodia. An anti-wildlife trade billboard outside a local school. Part of a government education program that aims to educate Cambodians about the country's wildlife laws. TRAFFIC Asia 2006. Photo by: Adam Oswell of WWF.

June 21, 2009
Jeremy Hance
mongabay.com

The decades-long conflict in Cambodia devastated not only the human population of the Southeast Asian country but its biodiversity as well. The conflict led to widespread declines of species in the once wildlife-rich nation while steering traditional society towards unsustainable hunting practices, resulting in a situation where wildlife is still in decline in Cambodia, according to a new study from researchers with the World Wildlife Fund (WWF).

Although many biodiversity hotspots have seen their share of conflict—the Democratic Republic of Congo (DRC), Liberia, Vietnam—the relationship between war and conservation has rarely been studied. Social scientist Michael Mascia with WWF and Colby Loucks, Deputy Director of the WWF's Conservation Science Program interviewed Cambodian villagers to understand the impacts of war on village’s surrounding wilderness.

“Armed conflict is a social phenomenon often detrimental to wildlife and wildlife habitat, but the legacy of armed conflict for wildlife in post-conflict settings remains unexplored,” Loucks and Mascia, along with other authors, write in their paper published in Conservation Letters.

Since scientific data for wildlife abundance in Cambodia was lacking, Loucks and Mascia depended on the knowledge of locals in the Sre Chis commune, a collection of six villages in eastern Kratie province. Asking the interviewees about 18 different species, the researchers found that the decades-long conflict in Cambodia caused deep-declines in wildlife abundance, the loss of some species altogether, and moved the society from subsistence hunting to commercial exploitation.

“We looked at how conflict directly and indirectly shaped people’s use of wildlife – during and after conflict. The influx of guns, the emergence of new markets, the forced hunting teams – all were directly related to conflict. It was the conflict, lastly, for well over two decades that created the environment for permanent shifts in livelihoods to the dependence on the trade of wildlife,” Loucks and Mascia told mongabay.com

Wildlife declined from pre-1953 (when the conflict began) to 2005, but the most measured declines occurred in the 1970s—when the conflict was at its worst. The researchers found that 14 of 18 species declined, while five disappeared altogether, including the Asian elephant, the kouprey, Eld’s deer, hog deer, and Siamese crocodile. Before the conflict arrived in Sre Chis, the villagers only sold one species to outside markets—the guar—but by the 1970s seven more species were being trafficked: elephants, banteng, Eld’s deer, hog deer, tiger, leopard and sun bear.

“It is clear to [the villagers] that there are fewer individuals of the species…and that they need to go further from the villages to find them,” Loucks said.

Shockingly every one of these species (or subspecies) is threatened with extinction according to the IUCN Red List, except the Indochinese leopard which hasn’t been surveyed. The sun bear is considered Vulnerable, while the Indochinese tiger, Asian elephant, Eld’s deer, and hog deer are all listed as Endangered. The Siamese crocodile, the banteng, a species of wild cattle, and a wild ox known as the kouprey are each Critically Endangered.

As related by Loucks and Mascia, these declines consistently followed societal changes brought on by war: additional firearms, the beginning of a wildlife trade for international markets, and a Khmer Rouge policy that actually mandated hunting. Prior to the 1970s villagers hunted with the crossbow, since guns were either illegal or difficult to obtain, but when the Khmer Rouge came to Sre Chis they handed out guns to locals and paid them to hunt. During the conflict, wildlife meat went to soldier on the front lines.

The conflict in Cambodia ended in 1991, but the interviewers discovered that wildlife declines continued due to the technological and social changes brought on by war. Instead of hunting for soldiers, the villagers had now begun to hunt for commercial sale in markets both in Cambodia and abroad.

“Documenting these impacts and the subsequent ripple effects in post-conflict society – shifting livelihood strategies and the decline of wildlife – allow us to understand the links between conflict and wildlife decline,” Loucks and Mascia said. “This sheds light on the importance of re-engaging with communities, empowering them to manage their resources, and providing economic opportunities soon after the cessation of conflict. With this information, we can design more effective conservation strategies, tailored to local conditions.”

Importance of conservation to postconflict society

The UN has drafted important guidelines for ‘disarmament, demobilization, and reintegration’ of combatants (known as DDR), but they don’t take into account the conservation of natural resources, according to Loucks and Mascia. Even though many conflicts begin with—or in some way involve—over-exploitation of a nation’s resources.

Therefore the authors suggest “that conservation investments in postconflict societies should be integrated within and support broader peace-building efforts targeting combatants, noncombatants, civil society organizations, and the state”.

Mascia goes on to say that “many conservation strategies are consistent with current approaches to peace-building, such as capacity-building for government agencies and local communities, fostering good governance and rule of law, and promoting alternative livelihoods and income generating activities. In societies where natural resources are a source of conflict, strengthening civil society and good governance in the environmental sector is necessary not just for effective conservation of biodiversity, but for peace-building generally.”

Loucks and Mascia see conservation as a tool to aid with disarmament in postconflict society by justifying confiscating weapons when used for illegal hunting. In addition, conservation organization act as important support for newly formed governments by “promoting rule of law; encouraging participatory and transparent decision making; and supporting other activities that foster good governance within the conservation sector and beyond,” according to the paper.

Furthermore, the authors argue, conservation groups have the capacity to monitor postconflict efforts to make certain both individuals and large-scale investments are not engaging in unsustainable natural resource exploitation. Instead of handing such postconflict countries over to international corporations for large-scale monoculture plantations, industrial agriculture or mining—which may degrade the environment and stoke further conflict—conservation organizations could manage environmental restoration projects.

Such restoration projects “would serve multiple purposes” the authors write, including “employment of both ex-combatants and noncombatants, enhanced delivery of ecosystem services to resource-dependent communities, critical habitat for wildlife, and reduced wildlife trade by providing alternative sources of income.”

Finally, the authors recommend that conservation groups be allowed to perform capacity-building at the community level in order to reach out to remote areas, places where a new government may not have influence or even means of communication. According to the paper, such programs “can empower local actors and strengthen local governance regimes, absorb ex-combatants into the labor force, and provide legal economic opportunities for ex-combatants and noncombatants alike.”

The people—not just the wildlife—of post-conflict nations would benefit greatly from increased conservation and environmental awareness, according to the paper.

“We believe that the UN, governments, civil society, and NGOs all have a role they can play to integrate natural resource conservation, biodiversity protection, and peace-building efforts from the local to national or global scale. To design conservation strategies that are both ecologically and socially sustainable, we need to build tailored solutions that bridge the traditional divide between security and the environment.” Loucks and Mascia told mongabay.com.

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A Lot to Learn

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Educational Quality May Not Match Quantity

By An Sithav
Economics Today

Unskilled and semi-skilled workers are not the only victims of the recent wave of unemployment: this year’s university graduates also seem unlikely to land a job.

These potential skilled additions to the labor force could provide timely contributions to economic growth if they find appropriate employment, analysts said. But once strong demand from the private sector and NGOs has withered in the wake of the economic downturn, leading some to predict a contraction in the skilled labor market this year.

Chan Sophal, the president of the Cambodian Economic Association warned that recent graduates will likely find it harder to find decent employment this year because economic activities, especially new investment projects, are expected to be down on 2008. "For instance,a number of Korean investment projects and investors reportedly returned home after their government called them back in the face of the serious economic downturn at home," he said.

Foreign buyers of Cambodia’s garments and visitors to Siem Reap’s many hotels have tightened their belts amid the downturn’s uncertainty, with predictable results for beleaguered tourism and the already-decimated garment sector, until recently key employers of fresh graduates. “Hotels in Siem Reap receive fewer tourists in 2009 compared to 2008 and garment factories cut down sub-contracts to smaller firms,” said Chan Sophal. "All of these directly reduced the prospects of new decent employment for fresh graduates.”

Way Off Course

Source: National Educational Congress summary report, MoEYS, March 2009

Other experts pointed finger at graduates themselves, saying youth are pursuing irrelevant courses of study at poorly accredited institutions, and failing to gain appropriate work experience.

Ban Thero, vice-chancellor at Cambodian Mekong University, said students must specialize in a particular field or skill, rather than attempt to study as many subjects as possible. "I personally believe that students who study at two universities at once are wasting their time since they do not have enough time to do enough research … They must change their attitude toward reading and research."

Cambodia’s growing number of higher education institutions (HEIs)—the Ministry of Education (MoEYS) officially recognizes 63, of which 18 are public and 45 private—have seen significant improvements in quality, said Im Sethy, minister of MoEYS. “Collectively these public and private HEIs provide higher education to about 140,000 students including doctoral, master, bachelor, and associate degrees,” he added.

But improvements in both quality and quantity do not necessarily translate into a good education. An additional proliferation of privately run colleges and universities can add to the problem by concentrating on the bottom line rather than educational value. Much of the staff at these institutions have dubious qualifications and offer classes of doubtful quality.

Sandra D’Amico, secretary-general of the Cambodian Federation of Employers and Business Association (CAMFEBA), said the poorly informed younger generation is characterized by a “lack of knowledge on how to find a job, a lack of experiences, a lack of right skilled demands for potential employers and lack of support skills.”

“The challenge in education is not only the curriculum and types of courses that are provided, a large part of the challenge is how we teach,” D’Amico said at the March 12 Cambodia Outlook conference. “We need to build in the basics from the beginning: Education and development will not have an impact if those who are learning do not have access to the facilities and support they need to learn.”

David Williams, a technical consultant at the International Labor Organization (ILO), shared similar sentiments. “There is in Cambodia today a significant—and growing—mismatch between the needs of employers and the skills of new labor market entrants,” he told Economics Today. “Cambodia—at its current level of development—needs more vocational and technical skills that are carefully tailored towards the needs of the labor market if it is to address the current youth employment challenge and provide decent work opportunities for all new labor force entrants.”

Based on his experience as manager of a company in Cambodia, Laurent Notin, general manager of the research firm Indochina Research, said there are indeed startling discrepancies between courses offered in Cambodia and the needs of the market.

“For example, there is a lack of quality sales people, while all companies need qualified sales staff, whom not only sell products but also develop long-term relationships with clients based on mutual trust,” he said. “Young people are often not well prepared to the employment market: they have limited professional experience, have not … done internships. While the international companies are often more prestigious, they are also far more demanding in terms of skills, experience and attitude.

School’s Out

Certainly the around 23,000 graduates of the 2008-2009 academic year are likely to find their next few years testing. During the rigors of a recession, employers become far more demanding, sparing selecting only a select few the best candidates.

Notin remarked that finding the right job is never easy, but has certainly become more difficult as companies cut their budgets. “In addition, most graduates have not been correctly prepared to enter the market on essentials skills such as writing a CV, writing a cover letter or undertaking job interviews.”

Denis Gambade, director of the French- Cambodian Chamber of Commerce, said that there are “no more huge recruitment plans like last year.”

“This year, companies need staff, but they are looking for the skilled and experienced ones first. Companies cannot afford to have huge payrolls like before; they want efficient staff.”

Ban Thero, agreed that the demand for labor is currently unsteady. “However,” he said, “demand for skilled and talented potential employees is still increasing, while demand for unskilled workers is decreasing.”

The news might not all be bad: Chan Sophal said that demand is still high for the best graduates and could be increasing. “As competition gets tougher, companies need to recruit more competent Cambodians, some to replace more costly expatriates,” he told Economics Today, recommending students study hard.

Cambodian Mekong University’s Ban Thero suggested students take their studies more seriously. “To upgrade and equip themselves for the market’s demands, students have to work harder to be better prepared during their time in universities,” he said.

The ILO’s David Williams argued for more state spending on education. “Under-investment in education is one key factor at the heart of this: Cambodia spends less than 2 percent of its GDP on education, compared with 4.2 percent in Thailand and 6.2 percent in Malaysia,” he said. To address the problems, more effective and targeted employment services are needed, especially in the provinces, as well as needs and demand-based job training, including technical and vocational training. “Greater investment in education [and] diversification of the economy and expansion of the industrial base, including moving up the value chain in existing key sectors, so as to create greater ‘skilled’ employment opportunities for young Cambodians,” would be the best strategy, Williams concluded.

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Thailand plays with word on the explosive Preah Vihear affair

Thailand plays with word on the explosive Preah Vihear affair

FM: Thai objection to Preah Vihear listing against World Heritage, UNESCO, not Cambodia

BANGKOK, June 20 (TNA) -- Foreign Affairs Minister Kasit Piromya reasserted Saturday that Thailand’s plan object to Cambodia’s listing of Preah Vihear temple as a World Heritage Site is directed at the World Heritage Committee and the United Nations Educational, Scientific and Cultural Organization (UNESCO), not the Cambodian government.

He said Suwit Khunkitti, Minister of Natural Resources and Environment, who will attend a World Heritage Committee meeting in Seville, Spain, next week as an observer, will meet the chairman of the Committee beforehand regarding Thailand’s objection to Cambodia’s unilateral listing of the temple which sits on the border between the two countries.

UNESCO granted Cambodia’s application for Preah Vihear to be designated a World Heritage site in July last year.

The International Court of Justice ruled in 1962 that the temple belongs to Cambodia but armed clashes between soldiers of the two countries have occurred periodically near the temple, especially at a 4.6 square kilometre disputed area, since then.

“This issue is between Thailand and the World Heritage Committee and the UNESCO and not between Thailand and Cambodia,” Mr. Kasit, adding that Thai Prime Minister Abhisit Vejjajiva had said that Cambodia is not involved in this matter.

Mr. Kasit declined to say whether the Thai action would change the prior decision because it is up to the committee, and Thailand is attending not as a member but as observer.

He said the meeting also has other matters of its agenda, to discuss and may also act on Thailand’s proposal on naming other historical sites to become World Heritage sites.

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Cambodia: 40% of children between 7-17 involved in child labor

Keeping children in school and out of work: putting a stop to child labour in Cambodia

11 Jun 2009
Source: ChildFund Australia
Website: http://www.childfund.org.au

In Cambodia, 40% of all children aged between 7-17 years are engaged in some form of child labour - work that is defined as undesirable for children or potentially injurious to their wellbeing.

While Cambodia has enjoyed a period of economic growth during the last ten years, poverty remains widespread, and many families must supplement their household income through the earnings of their children. The global financial crisis has exacerbated the problem with even more families forced to rely on earnings from their children.

Over one-third of families are still forced to survive on less than one dollar a day, and most children in Cambodia suffer some level of malnutrition, enough to cause at least moderate stunting of their growth. Improved economic conditions have also created greater inequalities in society - widening the gap between the rich and poor.

ChildFund Australia CEO Nigel Spence says: "For most families, sending a child out to work is not a voluntary choice - parents regret having to remove their children from school, and worry about the dangers they face. But the additional income is often the key to survival for the whole family."

While the majority of Cambodian children living in rural areas perform agricultural tasks on the family farm, or participate in household duties, children involved in child labour face much greater risks. The salt production industry, fishing sector, brick factories and plantation work are environments where children are known to be subject to abuse and exploitation.

ChildFund Cambodia country director Carol Mortensen adds: "The use of children from rural areas as extremely poorly paid domestic servants in provincial towns and cities is common. Some receive no pay at all, but are simply given shelter and food. This form of labour can be very risky due to the vulnerability of such children to various forms of abuse, including violence and sexual exploitation."

Preventing child labour

ChildFund is tackling the incidence of child labour with preventative strategies. The central goal of ChildFund's programs is to encourage school attendance for as long as possible.

Carol explains: "Most Cambodian children really want to attend school, at least to primary school level. And those attending school are, by definition, unavailable for child labour. The longer children remain at school and the higher the level of formal education they reach, the greater their chances of avoiding exploitative labour and finding decent employment in their adult life."

In Svay Rieng, ChildFund Cambodia is addressing the child labour problem through its Voices of our Children project. This increases attendance at school by improving the quality and accessibility of schools, ensuring schools are safe places to learn, improving play and recreation facilities and increasing the relevance of curriculum and learning through teacher training.

ChildFund also recognises that young people not in school are particularly vulnerable to exploitative forms of child labour. ChildFund's Youth for Development programs are teaching practical lifeskills, providing small business training and assistance in establishing livelihoods such as fish farming, improved rice growing, animal husbandry and ceramic pot making.

Girls and boys participating in the project learn about money management and business planning, take out micro loans and establish small businesses which will assist their families and build their own confidence and skills as decision-makers.

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Cambodia asked America to cancel $300 million debts

MP Cheam Yeap (L) and MP Sik Bun Hok (R).

Source: Khmer Sthapana newspaper
Reported in English by Khmerization

A delegation of the Cambodian members of parliament has asked the U.S government to forfeit $300 million of debts that Cambodia owed since the early 1970s, reports Khmer Sthapana.

A delegation led by Mr. Cheam Yeap, an MP from the ruling Cambodian People's Party, visited America from 30th May t0 8th June and has asked the officials from the U.S State Department to cancel the debts which were owed by the Lon Nol regime since 1972. The U.S officials have told them that the request will be passed on to Secretary of State Hillary Clinton for consideration.

Mr. Cheam Yeap said that the original debt was $160 million but due to compounded interests for the last 37 years, the debts have doubled to $300 million.

During the 1980s, under the Heng Samrin regime, Cambodia had borrowed about $1,000 million from Russia. Cambodia had already asked Russia to cancel that debt, but so far has not received an answer from the Russian government yet.

Cambodia was said to be heavily in debted to China as the Khmer Rouge regime was said to have borrowed heavily from the Chinese government during their 3 year-rule in the 1970s.

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Mu Sochua's lawsuit rejected

SRP lawmaker Mu Sochua speaks with reporters at a recent press conference at the National Assembly. (Photo by: TRACEY SHELTON)

Thursday, 11 June 2009
Written by Meas Sokchea
The Phnom Penh Post

No explanation given for dismissal of opposition lawmaker's defamation case against Hun Sen, which follows out-of-court testimony from the prime minister.

THE lawyer for opposition Sam Rainsy Party lawmaker Mu Sochua learned Wednesday that his client's defamation lawsuit against Prime Minister Hun Sen had been thrown out of Phnom Penh Municipal Court, though he said he had received no explanation for the dismissal.

Kong Sam Onn said he received a letter informing him of the decision Wednesday.

"They sent me a letter at 10am to tell me that the prosecutor would not take action over Mu Sochua's suit," he said. "They did not give a reason."

Following news of the dismissal, Mu Sochua told the Post that she would appeal it, adding that she wanted an outcome that she considered fair.

"The court has rejected my lawsuit, and I have enough proof to make my case," she said.

"I still respect Hun Sen, but I need justice. I want people to see a just system."

Deputy prosecutor Hing Bun Chea declined to comment Wednesday afternoon, saying he was busy.

No jurisdiction

Mu Sochua also criticised a court decision allowing Prime Minister Hun Sen to appear at the Council of Ministers to answer questions relating to her lawsuit Monday, arguing that the council had no legal jurisdiction in the case.

"The court does not belong to the Council of Ministers. If a poor person or I am forced to go to the court, the prime minister must go to the court as well. If the court is just, it must be balanced," she said.

Hing Bun Chea said earlier in the day that the court had summoned Prime Minister Hun Sen to the Municipal Court, but that the procedure had been moved to the Council of Ministers following a request from Hun Sen's attorney Ky Tech.

Ky Tech said the questioning session had been moved for security reasons, adding that the appearance of Hun Sen's bodyguards at the court could have led the public to believe that the court could not reach an independent ruling.

Mu Sochua filed her suit against Hun Sen in late April, alleging he made insulting references to her during a speech in Kampot province on April 4. Hun Sen then countersued Mu Sochua for defamation, claiming the comments did not refer specifically to her.

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Ministry of Information approved a licence for Mr. Soy Sopheap to open a radio station, but rejected the same application from the Sam Rainsy Party

Source: Radio Free Asia
Reported in English by Khmerization

Mr. Soy Sopheap (pictured), publisher of Deum Ampil newspaper and an anchorman for CTN TV, has been given a licence by the Ministry of Information to open a radio station, reports Radio Free Asia.

Mr. Soy Sopheap said that his radio, to be called Radio Deum Ampil, will serve the Cambodian nation and the Khmer people. He said: "We will be focusing on social issues and issues affecting our future. The role of our radio is to pay attention to all angles of the issues for the interests of our nation. What I think is that we must know ourselves first. When we know ourselves, we will know the values of our nation."

He added that his radio will not serve any political interests. He said: "The first Khmer newspaper was founded on 19th December, 1936. As a Khmer son and as a younger generation, I want to uphold the original aims of the birth of that newspaper. What I want to say is that we will not accept financial supports from foreigners or any political parties. These money (to fund the radio) come from our savings."

Mr. Son Chhay, MP from the opposition Sam Rainsy Party (SRP), said that the government has not been fair in giving licences to people to operate radio stations. He said the SRP had previously applied for a licence to operate a radio station but was rejected. Later, a member of the party applied for a licence to open a private radio station but was rejected on the grounds that there is no more frequency available.

Mr. Son Chhay added that it is unfair that the Ministry of Information approved a radio licence for a known supporter of the ruling Cambodian People's Party (CPP) when it rejected the same application from an opposition party. He said: "What is more important than this is that the Ministry (of Information) did not respect its previous words that there is no frequency available. But this time it provided someone with a licence, so it means that the ministry has lied and this will no doubt damage the reputation of the Ministry."

Mr. Son Chhay said that the Cambodian government is a government for all Khmer people, therefore it should approve a radio licence to all Khmers equally, but to just give licences to supporters of the ruling CPP only is very biased indeed.

When contacted on telephone by Radio Free Asia, Minister of Information Khieu Kanharith refused to make any comments by saying only that he is busy

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Allegations of corruption and political interferences: a thorn in the side of the KRT

Phnom Penh (Cambodia). 04/06/2009: Michiel Pestman, co-lawyer for Nuon Chea, during a press conference at the FCC, reveals security problems and governmental interferences at the ECCC
©John Vink/Magnum

While Duch's trial is set to enter its seventh week on Monday June 8th, pressure on the Extraordinary Chambers in the Courts of Cambodia (ECCC) to address allegations of corruption and political interferences has kept growing. In the latest stir, a press conference was given by Michiel Pestman, the international co-lawyer for Nuon Chea, former Brother Nº2, on Thursday June 4th in Phnom Penh. He denounced a “security incident”, which occurred on the previous day, concerning a confidential letter originating from his office, which was allegedly taken out unbeknownst to him. He also expressed concern over the recent appointment of Helen Jarvis at the head of the Victims Unit as well as interferences of the Cambodian government in the judicial process, whilst also raising the issue of corruption that allegedly affects the national side of the internationalised tribunal...

Political manipulation and corruption, an explosive mix
“Ominous signs of political manipulation by the Cambodian government and a repeated failure to tackle corruption continue to plague the Khmer Rouge Tribunal,” noted from the outset the Open Society Justice in its last press release dated May 27th. It is a “toxic mix for the court,” its director, James A. Goldston, commented. Indeed, some senior officials recently expressed public warnings against additional indictments, further to the five existing defendants. Following Prime Minister Hun Sen, they argued that this could favour a return of the war in Cambodia. Moreover, the press release indicated, “[I]t appears that the government of Cambodia is attempting to block the investigating judges from interviewing certain insider witnesses who hold current positions of power.” Also, it was added, since the publication in August 2008 of a confidential report by the United Nations (UN) Office of Internal Oversight Services (OIOS), which detailed complaints of the court's staff paying kickbacks to political overseers, the Phnom Penh government has “refused to cooperate with the United Nations to create a process for court staff to report corruption.” With no safeguards in place, this policy “encourages a culture of silence.”


Co-Prosecutors and co-Investigating Judges asked to explain themselves
In their turn, on June 3rd, the international co-lawyers for the former ideologist of the Khmer Rouge regime, Michiel Pestman and Victor Koppe, sent separate letters to the tribunal's co-Investigating Judges and co-Prosecutors on a “Possible Breach of ECCC Agreement and Law.” They asked the two Cambodian magistrates – Chea Leang and You Bunleng – whether they have received any instructions from any member or official of their government with respect to their work at the court, while they must be independent in the performance of their functions according to established standards. They also recalled the international magistrates – Robert Petit and Marcel Lemonde – that “any UN official at the ECCC are ethically obligated to inform the parties of any violations by their Cambodian colleagues of the Agreement and/or Law, in particular those provisions which seek to ensure a fair trial.” According to them, there is evidence suggesting that the government opposed the hearing by the co-Investigating Judges of King-Father Norodom Sihanouk or Prime Minister Hun Sen.

“Co-Investigating Judge Lemonde keeps repeating that he will leave the day he can no longer fulfil his functions properly. If he knows there were government interferences in the work of his Cambodian colleague, he must inform the parties about it,” Michiel Pestman insisted. Asked for a reaction, Marcel Lemonde said he would respond to the letter from the lawyers, but not through the media.


Demands for the disclosure of a UN-OIOS investigation on corruption
Also, the Dutch lawyer welcomed the fact that his request for the disclosure of the UN-OIOS report on corruption within the court was joined by the lawyers for civil parties group 1 in the trial of Duch. As a reminder, Michiel Pestman and his two international colleagues – believing that such a situation could jeopardise the right of their client to a fair trial –, had filed, in their names, a complaint with the Municipal Court of Phnom Penh on January 9th to request that it examines the allegations of corruption. The complaint had finally been dismissed by the prosecution a month later. The three lawyers had then referred it to the Cambodian Court of Appeal and they are now waiting for the General Prosecutor to request a copy of the report from the UN. Late February, they had written to the UN Secretary-General, Ban Ki-Moon, to request a “confidential” access to the report of the investigation carried out by a UN-OIOS team. On March 27th, they had filed a request with the co-Investigating Judges to ask them to investigate on the allegations of corruption, to which the magistrates had replied on April 3rd that this did not fall within their competencies.

In their joint response , dated May 29th, to defence appeals against the co-Investigating Judges' order denying the request for investigative action regarding allegations of administrative corruption, the co-Prosecutors agreed with the defence team for Nuon Chea, observing that “the credibility of this Court's process would be enhanced by a release of the OIOS Report and a timely and credible resolution of this issue.”

This was also relayed by the lawyers for the civil parties. On May 11th, they filed a “Public Request that the Trial Chamber facilitate the disclosure of an (sic) UN-OIOS report to the parties”, which existence they considered to be “directly relevant to the proceedings” in trial of the former director of detention centre S-21. They argued that the publication of this report after the closure of the proceedings may “expose the trial judgment to claims on the part of the Accused and others that corruption within the ECCC rendered the trial unfair, or that corruption constitutes an abuse of process warranting a permanent stay of the proceedings against Duch.” The lawyers called for the parties to be able to make written submissions on the content of the UN-OIOS report. Whilst also “expressing full confidence in the independence and impartiality of all the judges constituting the Trial Chamber,” the lawyers for civil parties group 1 “fear the slowly corrosive effect such allegations may have to undermine the work of the ECCC and prejudice the integrity of proceedings unless matters are properly resolved in court now.” Ten days later, the Trial Chamber ordered the parties to present submissions on the impact of the publication of the UN-OIOS report on the conduct of a fair trial in Duch's case.

All hopes are now turned towards the Trial Chamber, especially as everyone has kept in mind the words of Neo-Zealand judge Cartwright, who had publicly stated that “these historic trials, which are so important for the people of Cambodia, must not be tainted by corruption.”


Donors' softened stance
Dampened by the corruption scandal, the tribunal's donors had dug in their heels and UNDP, the UN agency which manages all funds affected to the ECCC, had decided, in mid-2008, to freeze payments to the Cambodian side of the court – which functions on two budgets, national and international, managed separately). Very recently, although no progress was registered regarding the issue of alleged corruption, donor countries have started to backtrack. For instance, Australia recently asked UNDP to release the funds it destined for the Cambodian side, while Japan, once again, rescued the Cambodian government by granting them 4 million dollars in order to enable the tribunal to function until the end of the year.


The Cambodian government annoyed by the scandal
On the day following the request of the lawyers for civil parties group 1, that is on May 12th, in a boomerang game, the spokesperson for the Cambodian Council of Ministers, Phay Siphan, announced that his government was investigating allegations of ill practices involving the court's international staff as well as civil party lawyers, which could discredit the tribunal... The following Monday, on May 18th, the appointment of Helen Jarvis at the head of the Victims Unit, in replacement of Keat Bophal, former member of the Office of the High Commissioner for Human Rights, after her resignation, was made public. Until then, Helen Jarvis had been in charge of the Public Affairs for the tribunal, and had also been appointed ethics monitor for the court. Previously, she had been an adviser to the Cambodian deputy Prime Minster Sok An.


Helen Jarvis targeted by criticism
On Wednesday June 3rd, as he was leaving after visiting his client, walking in the ground separating the cells of the detainees from the court building, Michiel Pestman's eyes were caught by a document that had ended up in a ditch. Looking closer, he recounted, he discovered that it was no other than a confidential document originating from his office. “I cannot explain myself how the document ended up there […] but we referred it to the security office. An investigation was opened. […] From now on, we have to be very careful about what we write on paper. […] The document left our office without our authorisation.” It is a draft letter to the attention of Helen Jarvis, in which Nuon Chea's lawyers raise their concerns regarding her recent appointment at the head of the Victims Unit and her possible lack of impartiality.

Indeed, some ten days before, they discovered a letter posted on the Internet in the name of the Australian Leninist Party Faction, dated from 2006 and containing “worrying” statements and signed, among others, by the new head of the Victims Unit. The lawyer quoted an excerpt: “We too are Marxists and believe that 'the ends justifies the means'. […] In time of revolution and civil war, the most extreme measures will sometimes become necessary and justified. Against the bourgeoisie and their state agencies we don’t respect their laws and their fake moral principles.” The lawyer said that he did not challenge the right of Helen Jarvis to have personal political opinions, but he was concerned that she signed a document saying she does not have to follow the rule of law. “In our letter,” the Dutch lawyer detailed, “we therefore ask her if she considers that the ECCC are a public State agency that is bourgeois...” Yet, he reminded “all the parties must follow the rules established by the tribunal,” and concluded that the Australian was not the “appropriate” person for such a position. Contacted by Ka-set, Helen Jarvis did not wish to make any comment.


Cambodian civil society's call for a resolution of the corruption issue
Echoing the concerns of Michiel Pestman, who considered the future to be very uncertain and specified that it was not the steps taken by his team, but corruption, that risked jeopardising the judicial process, CHRAC, a coalition of 21 local NGOs defending human rights and the rule of law, urged, in a joint statement published on Thursday June 4th, for further action to protect the ECCC from any corrupt practices. However, the civil society representatives welcomed the “recent steps by the government of Cambodia to address the corruption allegations and to reopen dialogue regarding the creation of a credible Ombudsman Office tasked with monitoring and resolving allegations of corrupt practices,” which they argued “must be fully independent and credible.”

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A Khmer Rouge Tribunal with civil parties but no guarantees of implementation of reparations

Choeung Ek (Phnom Penh, Cambodia). 17/04/2008: Commemoration of the start of Pol Pot’s regime at the “Killing Fields” in Choeung Ek
©John Vink/ Magnum

While the Rules Committee of the Extraordinary Chambers in the Courts of Cambodia (ECCC) – which examines potential amendments of the Internal Rules of the jurisdiction backed by the United Nations –, is meeting this week in Phnom Penh, the issue of the reparations to be awarded to victims of the Khmer Rouge is back on the table. Cambodian civil society organisations as well as lawyers for civil parties at the ECCC called to clarify this point as soon as possible, instead of waiting until the end of the judicial process, so that the measures provided for in the rules regarding collective and moral reparations do not remain a simple symbolic rule on paper.

Penniless accused
The Khmer Rouge Tribunal is the first hybrid jurisdiction with a mandate providing for the request for reparations by victims who are joined as civil parties. The CHRAC, a coalition of 21 NGOs defending human rights and the rule of law, intends to remind the court of its commitments. In an open letter, dated June 3rd, to the members of the Plenary and the Rules Committee, the organisations urge them to make a debate on the issue of reparations a main item of their agenda for the next Plenary Assembly, and to amend the existing rule.

Indeed, Rule 23 states that “the Chambers may award only collective and moral reparations to Civil Parties. These shall be awarded against, and be borne by convicted persons.” Yet, the CHRAC reminds that all five defendants before the Court have claimed to be “indigent” in order to qualify for legal aid. “As it currently stands,” the CHRAC argues, “this provision would drastically limit the potential scope of any Court-ordered reparations. Even a limited reparations award, such as an order to publish the judgment of the court, as suggested in Rule 23.12 (a), would be rendered unenforceable given the defendants lack of funds or assets to pay for such an award.”

Yet, the coalition recalls the results, presented earlier this year, of a country-wide survey among the Cambodian people conducted by the Human Rights Center of the University of Berkeley, California, which showed that “88 percent of all respondents believe that it is important to provide symbolic (moral) reparations to victims of the Khmer Rouge or their family.”


A system of voluntary contributions, an option to explore
It is not the first time that representatives of the Cambodian civil society have expressed their concerns on this issue. This time, the CHRAC clearly suggests that the tribunal allows voluntary contributions to compensate for the indigence of the defendants, who are the only ones who have to pay for the reparations to this day. “Only such an opening clause would provide a realistic perspective for the implementation of ‘collective and moral reparations’,” the coalition argues. Moreover, they also urge the court to “[S]upport credible action to investigate into the assets and property of the accused persons in order to recover potential resources to fund reparations orders”. To this day, there is nothing on how to administer and implement ECCC reparations orders, which should be corrected, the NGOs believe.


A call for the creation of a Victims Trust Fund
At the same time, civil party lawyers, including Silke Studzinsky, make the same observation as the CHRAC: the provisions on the funding of reparations are ineffective. They have therefore drafted proposals for amendments of the Internal Rules, regarding, among others, the establishment of a Victims Trust Fund by the Office of the Administration. The proposals were submitted on April 30th 2009 to the court via the Victims Unit. The initiative could be partly guided by the example of the Victims Trust Fund based on voluntary contributions and established in September 2002 by the Assembly of State Parties to the Rome Statute of the International Criminal Court (ICC) in The Hague.

Moreover, the lawyers argue that by implementing the Extraordinary Chambers into its national court structure, the Cambodian government also assumes “its duty according to para 16 of the [United Nations] Basic Principles for Victims also for the ECCC”, which states that “States should endeavor to establish national programs for reparation and other assistance to victims in the event that the parties liable for the harm suffered are unable or unwilling to meet their obligations.”


Necessary amendments to the Internal Rules
The civil party representatives note that the resources to this – independent – Trust Fund should also be contributed by the Kingdom of Cambodia itself. They conclude that “[A] Trust Fund foreseen in the Internal Rules is likely to be a good starting point for negotiations with the Royal Government of Cambodia on this matter.” On this point, they recall it is “common in many legal systems of the world, that certain reliefs concerning the detention are conditional upon the conduct of voluntary work by the detainee.” If this were to apply here, they argue that “[P]art of the compensation received for such work conducted by the defendants at the ECCC could be used as a contribution to the Trust Fund.” However, it may be noted that, in light of the advanced age of the defendants and the length of the judicial process, the last hypothesis seems most unlikely.

In addition to funds contributed by the Cambodian government and the defendants, voluntary contributions could be made by “Governments, international organizations, individuals, corporations and other entities.” The sums would all be collected by the Victims Trust Fund, which would manage these funds and their distribution. These are as many elements the lawyers would like to see written in black and white in the Internal Rules.

For Sok Sam Oeun, chairman of the CHRAC, reparations could also be funded by countries that were involved in the Pol Pot regime. Their implementation would contribute to “allay the suffering of the victims.” The important figure of the Cambodian civil society does not want to stray into idle speculations and simply hammers for now that the court must address this sensitive issue head-on.

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