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Tribunal Courts Hold Meeting on Rules

Monday, March 2, 2009


By Chun Sakada, VOA Khmer
Original report from Phnom Penh
02 March 2009


Judges and prosecutors of the Khmer Rouge tribunal began discussions Monday over amendments to the internal rules of the courts, aiming improve the process for trying jailed leaders of the regime.

A weeklong “plenary” session is held by tribunal officials every six months, and a statement from the courts said this one, their fifth, would look at a “significant number of proposed amendments” to the rules.“Many of these relate to pressing issues that need to be finalized to enable the court to fulfill its functions effectively,” Judge Kong Srim, president of the Supreme Court Chamber of the tribunal, said in opening remarks. “This plenary session is entrusted with a number of specific agenda items to discuss and decide as urgent matters.”

The rules were aimed at ensuring tribunal judges and prosecutors “extend justice fairly and skillfully,” Judge Silvia Cartwright, a Pre-Trial Chamber judge and deputy president of the plenary session, said in her remarks. They “will not allow corruption to interfere with the tribunal’s delivery of justice for the people of Cambodia.”

The plenary session opened amid media reports Monday that lawyers for Nuon Chea had requested the tribunal interview Prime Minister Hun Sen and former king Norodom Sihanouk, while requesting the testimony of Senate President Chea Sim and National Assembly President Heng Samrin for their service to the regime in the late 1970s.

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Some Remain Skeptical of Tribunal Corruption [resolution]


By Sok Khemara, VOA Khmer
Original report from Washington
02 March 2009


Amid heavy allegations of corruption that are risking further funding for the joint UN-Cambodia Khmer Rouge tribunal, officials have now established a mechanism to tackle future charges. But in the eyes of some US observers, this procedure remains ambiguous and inadequate.

The Extraordinary Chambers in the Courts of Cambodia have struggled under allegations that staff paid kickbacks to work at the tribunal, as well as mismanagement, in what worried observers claim could jeopardize justice for the victims of the Khmer Rouge.It took two meetings between the UN’s assistant secretary-general for legal affairs, Peter Taksoe-Jensen, and Deputy Prime Minister Sok An, who is in charge of the tribunal, to establish two parallel complaints procedures—one international, one local—for handling further allegations. The UN and Cambodia will meet again before March 23 to finalize the agreement, officials said.

However, John Hall, an associate professor at Chapman University of Law, in Orange, Calif., said he was not encouraged by the new mechanism.

“The choice before the tribunal is quite clear: to proceed with the trials without adequately addressing the allegations of corruption and political influence risks tainting the entire process and casting a shadow over the trials,” he told VOA Khmer in a telephone interview. “The people of Cambodia deserve more; they deserve a court operating to international standards.”

Hall said it was “hard to say” say whether the new procedures would help the tribunal gain credibility.

“This may be the best that the UN is able to negotiate with the Cambodian government at this point, and donors will have to decide whether this new mechanism, however flawed, is adequate enough to justify greater funding,” Hall said. “I think the donors are eager for the tribunal to proceed, so will be looking for a justification to fund the trials. Should they, without a better complaints mechanism? Probably not.”

Although Cambodian officials at the Extraordinary Chambers have denied corruption exists and say the Cambodian side will not fall short on funding, donors have proven hesitant to forward money for a process perceived as flawed.

Hall made four suggestions for improving the tribunal’s credibility.

“First, limit opportunities for political interference in judicial decision-making, specifically, be open to the possibility of investigating additional suspects, not limit the number to the five defendants already named,” he said. “Second, create an independent investigation mechanism for accusations of wrongdoing. Third, ensure that human rights monitors, NGOs and reporters will be allowed to keep their whistleblower sources confidential. And fourth, ensure adequate whistleblower protections for those reporting wrongdoing.”

Only five aging leaders of the regime are so far in custody—Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith and Kaing Kev Iev—30 years after the fall of the regime.

Peter Maguire, author of "Facing Death in Cambodia," who has taught law and the theory of war, told VOA Khmer by telephone that the courts are operating under a shadow of doubt, thanks to a lack of transparency and basic budgetary accountability.

Meanwhile, continued delays could lead to the deaths of regime leaders before they go through trial, much like Slobodan Milosevic, the ex-Serbian leader who died in detention of a war crimes tribunal in 2006.

“If this court doesn’t move with a bit more urgency, they run the risk of becoming the Milosevic case No. 2,” Maguire said. “What good is procedural perfection if the defendants don’t live to see their trials? Perhaps that’s [Prime Minister] Hun Sen’s objective. Only time will tell.”

Mounting costs are hampering the credibility of the courts, along with unanswered questions over corruption, he said.

“Those in charge of the Khmer Rouge tribunal have already blown giant holes in their budget, yet expect the international community to keep writing checks,” Maguire said. “Releasing the UN’s report on corruption would be a good start [to gaining credibility], but it is already too late. Corruption, nepotism and graft are common in Cambodia. Why should the Khmer Rouge tribunal be any different?”

Tribunal spokesman Reach Sambath declined to comment on the corruption issue, referring questions to Phay Siphan, spokesman for the Council of Ministers, headed by Sok An.

“There have been four or five times for national and international inspection, but no evidence of corruption found,” Phay Siphan said. He also said the new procedures agreed on late last month will not impact the process of the courts, and he denied political interference in court proceedings.

The senior UN legal affairs official, Taksoe-Jensen, speaking by phone from New York following negotiations in Cambodia over corruption reporting, said there had been some misconception and criticism over the new mechanism, but he said the goal was to address corruption and keep the process moving forward.

The “bottom line,” he told VOA Khmer, was “to create a mechanism whereby all the members of the staff can put forward the complaint about corruption” without fear of retaliation from the court. “It’s up to the donors to decide when the situation has been established whereby funds can be sent to the court again.”

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Preparations Begin for April Border Meeting


By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
02 March 2009


Officials for Thai and Cambodian border committees opened a two-day meeting in Phnom Penh Monday to organize an agenda for dialogue between the two countries in April.“We only prepared some documents for the border secretariat committee…meeting which will take place next month,” Neang Phat, secretary of state for the Ministry of Defense, told reporters after the meeting.

The meeting was closed to the press following brief opening remarks by officials early Monday.

The April meeting will include finding a joint compromise for the Preah Vihear standoff, following the meeting between both prime ministers last month, Neang Phat said. “We want to avoid clashes between the two militaries.”

Cambodian and Thailand each have soldiers deployed along the border near Preah Vihear temple, in a standoff that has led to several skirmishes and the deaths of at least four soldiers.

Last month, Cambodia lambasted Thailand for firing rockets over the border, in what Thai military officials said was an accident.

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Cambodia to host ASEAN-EU ministerial meeting in May

Sunday, March 1, 2009


PHNOM PENH, March 2 (Xinhua) -- Cambodia will host an ASEAN-EU foreign ministers' meeting from May 4 to 6 to push forward the cooperation between the two regional bodies, Chinese-language daily newspaper the Commercial News said on Monday.Representatives from over 40 countries will join the meeting to be held in tourism province of Siem Reap to find ways to strengthen the friendly cooperative ties between the ASEAN (the Association of Southeast Asian Nations) and the EU (European Union), the paper quoted Commerce Minister Cham Prasidh as saying here on Sunday upon his return from the 14 ASEAN Summit in Thailand.

The United States will also send delegates to the meeting, he added.

Meanwhile on the same occasion, Hor Namhong, Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation, told reporters that the ASEAN and the EU are now preparing to sign an agreement of friendly cooperation.

He didn't give details of the agreement.

Cambodia used to maintain good trade relationship with the EU, which was the second largest importer of its garment products.

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Only 4 parties to join local election of Cambodia in May


PHNOM PENH, March 2 (Xinhua) -- Only 4 political parties became eligible to participate in the local election of Cambodia in May, as the registration process has come to its end, said English-language daily newspaper the Phnom Penh Post on Monday.They are the major ruling Cambodian People's Party (CPP), the major opposition Sam Rainsy Party (SRP), the co-ruling Funcinpec Party and the opposition Norodom Ranariddh Party (NRP), the paper quoted Tep Nytha, secretary general of the National Election Committee (NEC), as saying.

The 4 parties have registered themselves with NEC for the election in accordance with relevant regulations, while dozens of other small parties haven't responded yet, he added.

On May 17, Cambodia will hold the polling for positions of district, provincial and municipal councils as part of the government's drive to transfer more decision-making powers to the local level.

NEC has set altogether 193 temporary offices all over the country to serve the process, and the government plans to deploy 27,133 police force nationwide to guarantee safety and order.

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22 unacceptable attacks against journalists in Cambodia


22 attacks conducted against journalists in Cambodia

PHNOM PENH, March 2 (Xinhua) -- Twenty-two cases of violence against journalists were recorded in the second half of 2008 and the first two months of 2009 in Cambodia, said English-language daily newspaper the Phnom Penh Post on Monday.These included cases in which journalists were detained and cases in which threats or accusations were made against them "by individuals, groups, authorities and court institutions," the paper quoted a press release from the Club of Cambodian Journalists (CCJ) as saying.

Meanwhile, the CCJ decried unprofessional behavior on the part of some journalists, who accepted bribes or used unethical means to advance the aims of the groups that they supported.

The press release also urged the Ministry of Information to use more discretion in issuing press cards.

"Some media pass holders are not journalists," said CCJ secretary general Prach Sim.

Over 300 newspapers are registered with the ministry, but only 10 are publishing daily and 30 can get printed on regular basis.

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Resolution of border dispute near for Cambodia, Thailand


PHNOM PENH, March 2 (Xinhua) -- Cambodia and Thailand have agreed to resolve their long-running border dispute by using a memorandum of understanding signed in 2000, said English-language daily newspaper the Phnom Penh Post on Monday.Prime Minister Hun Sen and his Thai counterpart Abhisit Vejjajiva agreed to do so during their meeting on Friday, the paper quoted Hor Namhong, Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation, as saying here on Sunday upon his return from the 14 ASEAN Summit in Thailand.

"I think if Thailand has a clear stance and is willing to use the 2000 MoU, there will be no further difficulties in the future," he said, adding that "we decided to resolve the (border) issue peacefully."

The MoU states that the Joint Border Committee (JBC) of the two countries should use maps drafted in 1904 and 1907, which was ratified by Siam (as Thailand was then known) and France, Cambodia's former colonial power, to delineate the common border.

Tension between Thailand and Cambodia ratcheted higher in 2008, when troops from both countries clashed near the Preah Vihear temple at the border area and soldiers on both sides died in their fighting in October. An uneasy peace was restored days later.

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Another blow to rights record


DECISION NOT TO INDICT SIX OFFICERS FOR KRUE SE MOSQUE ATTACK ANGERS JUSTICE GROUP




The Working Group on Justice for Peace has condemed a decision by the Office of the Attorney-General (OAG) not to charge six security officers with the murder of 32 people in 2004 at the Krue Se mosque.

The OAG decided against indicting them on Feb 10.

It has now informed the working group, led by Angkhana Neelaphaijit, wife of the missing Muslim lawyer Somchai, of its decision.

Mrs Angkhana's working group cited an International Covenant on Civil and Political Rights (ICCPR) report to express concern that no legal action had been taken against security authorities.

They are accused of serious human rights violations and extrajudicial killings of suspected drug traffickers and suspected insurgent militants in the deep South.

The ICCPR said in a recent report on Thailand's human rights situation that state authorities violated the human rights of criminal suspects. The report said that victims of human rights violations in this country would not receive any assistance from the state.

Pol Sgt-Maj Adinan Kasetkala, SM1 Decha Phalaharn, SM1 Choosak Darunpim, Sgt Chidchai Ontoh, Pvt Surachai Silanan and Col Manas Kongpan are among those accused of being involved in the killing of 32 suspected insurgents during the April 28, 2004, military attack at Pattani's Krue Se mosque.

The working group also cited a report by an independent panel which investigated the Krue Se mosque case, headed by Sujinda Yongsunthorn.

The report said the attack by security authorities on suspected insurgents at the mosque was inappropriate, as they could have used non-violent means to end the confrontation.

The government is in the process of reviewing its handling of the violence in the South.

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14th ASEAN Summit ends in Thailand



HUA HIN, Thailand, March 1 (Xinhua) -- The 14th Association of Southeast Asian Nations (ASEAN) Summit closed here Sunday after leaders of ten member states ended their annual discussions on a series of issues including the economic crisis and signed the declaration on the roadmap for an ASEAN Community.

Thai Prime Minister Abhisit Vejjajiva, whose country currently holds ASEAN's rotating chair, said after the conclusion of the summit that the leaders had a very productive meeting on a series of issues which matter not only to the region but to the international community as a whole.

During the two-day summit, leaders of the ASEAN member states focused their discussions on economic crisis, human rights body, ASEAN integration, and other regional issues like Myanmar and immigration.

On economic crisis, ASEAN leaders said that while ASEAN's economic fundamental remain sound, the deepening global economic downturn, coupled with heightened risk aversion in financial markets, have adversely impacted trade and investment in the region.

The leaders stressed the necessity of proactive and decisive actions to restore market confidence and ensure continued financial stability to promote sustainable regional economic growth.

They also agreed to stand firm against protectionism and to refrain from introducing and raising new barriers.

On ASEAN integration, the leaders signed Cha-am Hua Hin Declaration on the Roadmap for an ASEAN Community (2009-2015), setting out the guidelines for the creation of a single free trade area for the region of 800 million people by 2015.

According to the declaration, the ASEAN leaders emphasized that "narrowing the development gap shall remain an important task to ensure the benefits of ASEAN integration are fully realized through effective implementation of the Initiative for ASEAN Integration and other sub-regional framework."

A total of 24 ASEAN related documents were signed or adopted by ASEAN leaders, foreign ministers and economic ministers. These documents include, among others, the issues relating to the ASEAN community building, trade and investment, sub-regional economic cooperation, food and petroleum security.

ASEAN consists of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

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Emerging trends threaten health gains

Written by Robbie Corey-Boulet
Friday, 27 February 2009

Though the Kingdom has made progress since the health-related development goals were adopted, officials must now combat emergent trends as well as problems that persist
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Photo by: AFP
An HIV-positive woman lies in her wooden house in central Phnom Penh. Despite impressive progress in reducing HIV rates in Cambodia, the Kingdom may still not meet its Millennium Development Goals for health.

WHEN Mony Pen discovered five years ago that she was HIV-positive, the list of things she did not know about the disease included how she got it, how she could treat it and how long she could live with it.

"People told me I was probably going to die very soon," said the 28-year-old Phnom Penh native, who learned of her status only when her husband, a policeman, died of full-blown Aids two years after they married.

These days, Mony Pen, now an adviser to the Cambodian Community of Women Living with HIV/Aids (CCW), knows all about transmission and treatment, and can discuss in detail everything from antiretroviral drugs to the threats posed by opportunistic infection.

She also knows this expertise sets her apart from the majority of Cambodian women, particularly those outside Phnom Penh. The 2005 Cambodia Demographic and Health Survey (CDHS) found, for example, that 67 percent of women in Mondulkiri and Ratanakkiri provinces believed HIV/Aids could be transmitted by a mosquito bite and 56 percent believed it could be spread "by supernatural means".

Mony Pen said she believes this lack of knowledge could fuel a resurgence of the disease that might erase the much-touted gains made against it in recent years.

This concern is not hers alone. UNAIDS Country Director Tony Lisle told the Post this week that several trends - in particular, the rise in so-called indirect sex work performed in beer halls and karaoke bars - could trigger an increase in new infections that might even "set the scene for a second-wave epidemic".

In this regard, Cambodia's fight against HIV/Aids resembles its broader effort to meet targets under the three health-related Millennium Development Goals (MDGs).

With some exceptions, notably in the area of maternal health, available data shows that Cambodia met or exceeded targets for 2005 and is likely to do the same in 2010 and 2015. But certain recent trends have muddied the picture, reinforcing the fact that progress is not inevitable.

Speaking in reference to HIV/Aids, Lisle captured a widely held view of the general health picture in the Kingdom, one articulated in recent interviews by doctors, NGO workers and government officials: "Yes, Cambodia, you've done a fabulous job," he said. "But it's not over."

Child mortality
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Photo by: SOVANN PHILONG
An HIV-positive three-year-old child plays at home in Phnom Penh after receiving treatment at a Phnom Penh hospital.

A FOUR-PART LOOK AT CAMBODIA'S MDGS

Last year marked the midway point for achieving the Millennium Development Goals, benchmarks for developing countries established in 2000 that cover everything from poverty to environmental sustainability. Last year also marked the five-year anniversary of the adoption of Cambodia's Millennium Development Goals, the localised versions of the global goals. In a four-part series, the Post looks at the progress made and the challenges that remain in achieving targets set for 2010 and 2015, drawing on government data as well as interviews with officials, NGO workers and Cambodians who stand to benefit from the effort. Part Two looks at the goals for child mortality, maternal health and diseases such as HIV/Aids.


A recent survey assessing the impact of rising food prices on child health underscored the tenuous nature of progress made in pursuit of MDG No 4: to reduce child mortality.

The Cambodian Anthropometric Survey, findings of which were made public last week, found that the percentage of children classified as acutely malnourished - the number of which had fallen by half between 2000 and 2005 - increased from 8.4 percent in 2005 to 8.9 percent in 2008.

The strong link between child malnutrition and child mortality - noted, among other places, in the 2005 assessment of MDG targets published by the Ministry of Planning - suggests that, in light of the survey results, Cambodia might have trouble meeting its 2015 target mortality rate for children younger than five: 65 deaths per 1,000 live births.

The survey results run counter to Cambodia's recent performance in the area of child health. Between 1998 and 2005, the under-five child
mortality rate fell from 124 per 1,000 live births to 82, far surpassing the target of 105.

Viorica Berdaga, chief of child survival at Unicef, said via email that this decline could be attributed to factors including better access to safe water and the promotion of breastfeeding, which provides children with disease-fighting antibodies.

But Berdaga also noted that the mortality decline was in part due to a lowered fertility rate, which calls into question Cambodia's ability to reduce child mortality even further.

In its 2005 assessment, the Ministry of Planning noted that fertility declines have had a similar effect on child mortality in other developing countries but that, in most cases, "the initial positive impact" was "not enough to sustain continued improvement in child mortality due to underlying causal factors". Berdaga said this assessment could be applied to Cambodia as well.

Asked to predict whether Cambodia would meet the 2015 child mortality target, Berdaga could say only that the Kingdom "has a chance".

Maternal health
If current trends continue, several experts said, Cambodia has little, if any, chance of achieving targets set under the fifth MDG: to improve maternal health.

The most recent reliable data shows that the maternal health situation has worsened as of late. The Cambodia Demographic and Health Survey (CDHS) found that the maternal mortality rate per 100,000 live births had increased from 437 in 1997 to 472 in 2005. The interim target for that year was 343.

In a recent email interview, however, Pen Sophanara, a communications associate for the United Nations Population Fund, emphasised the "promising signs" she said could potentially reverse the trend, including higher rates of deliberate birth- spacing.

She echoed the conclusion presented in the 2005 Ministry of Planning assessment that officials could significantly lower the maternal mortality rate by providing more family planning resources, which allow women to allot sufficient time between pregnancies. Longer gaps between pregnancies tend to result in smoother pregnancies and healthier infants.

On top of limited family planning, Pen Sophanara said efforts to improve maternal health continued to be hindered by a shortage of midwives and skilled birth attendants.

She said the Ministry of Health was aiming to have one midwife stationed at each of the Kingdom's health centres by the end of the year. In addition to bolstering recruitment, she said, officials will need to distribute resources to rural health centres to ensure midwives can be effective.

Kek Galabru, president of the rights group Licadho, said midwives should be able to take blood samples, conduct ultrasounds and screen for potential delivery complications.

She also stressed that midwives should be adequately paid so they do not collect informal fees, a practice that prevents very poor women from accessing health services.

Pen Sophanara said midwife recruitment and other efforts in place could potentially yield a drop in the maternal mortality rate, pushing it closer to the goal of 140 deaths per 100,000 live births by 2015.

"Nobody wants to see women die giving lives," she said. "If these figures continue to be positive, maternal death will be lowered."

The HIV/Aids fight
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Photo by: ROBBIE COREY-BOULET
Mony Pen, whose late husband gave her HIV, works to give women access to HIV/Aids information.
One target already surpassed is that pertaining to HIV/Aids infection, a leading indicator of progress made in achieving the sixth MDG: to combat HIV/Aids, malaria and other diseases.

Meeting the target resulted in part because of a statistical error that caused the rate of infection in the late-1990s - which was used as a base in establishing benchmarks through 2015 - to be artificially inflated when the MDGs were adopted. Because of the adjustment that occurred when better data became available, current rates of infection are already lower than the targets.

For example, the estimated prevalence among Cambodian adults in 2006 was 0.9 percent, lower than the 2005 target (2.3 percent), the 2010 target (2 percent) and even the 2015 target (1.8 percent).

According to a 2008 UNAIDS report, however, Cambodia's prevalence rate is the second-highest among all countries in South and Southeast Asia (only Thailand's is higher). And, while acknowledging progress, Lisle and other experts cited a range of persistent problems.

Mony Pen said she has concluded from her own observations that discrimination against those infected with the disease remains high.

Sou Sina, 29, who is from Sihanoukville and now works at CCW in Phnom Penh, said she encountered this very obstacle when she tested positive at the age of 20.

"At the time, my family took care of me, but they were afraid," she said. "They didn't understand the disease. And that broke my heart."
Like Mony Pen, Sou Sina learned of her status only when her husband died. She also found out then that her son had been infected through mother-to-child transmission, but she did not know how to obtain treatment for him. He died two years later - at the age of four - of tuberculosis.

Lisle said it is common for women to become infected by their husbands unwittingly. In addition, he pointed to data suggesting that programs designed to prevent mother-to-child transmission have been ineffective.

Data from 2008 indicated a mother-to-child transmission rate for HIV-positive pregnant women of 35 percent.

Lisle said Cambodia has traditionally "led the region" in the fight against HIV/Aids, adding that he has every reason to believe this will continue. But a failure to respond to these emergent trends, he said, could quickly render the Kingdom's recent progress aberrational.

In Cambodia, Lisle cautioned, there exists the threat of "a second epidemic waiting right around the corner".

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