Friday, January 28, 2011

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Greater Participation by Civil Parties Urged for Tribunal

Posted: 28 Jan 2011 01:39 PM PST

Chum Mey (L) and Theary Seng (R)
Sok Khemara, VOA Khmer
Washington, DC Friday, 28 January 2011
"I under [the defendants] are already old, and that's why I'm pushing the court to do whatever, since they are still alive."
Two prominent civil party participants at the Khmer Rouge tribunals say the more complainants allowed by the Trial Chamber, the more justice and reconciliation the trials will bring.

Seng Theary, a US-Cambodian lawyer, and Chhum Mey, a survivor of the Tuol Sleng torture center, told "Hello VOA" on Thursday that victim participation is an important aspect of the tribunal.

"Hearing information, seeking truth, that's totally important for the next generation," Seng Theary said.

"I wish to appeal that all [civil complainants] cooperate with their lawyers and say, 'I want to participate,'" Seng Theary said.


The courts have selected more than 2,000 civil party participants for the upcoming trial of jailed Khmer Rouge leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith. However, those who will actually participate under the lead lawyers to testify are not known.

"I as a civil party do not retaliate or have revenge at all," Chhum Mey said. "I under [the defendants] are already old, and that's why I'm pushing the court to do whatever, since they are still alive."

The upcoming trial should also serve as a precedent for future generations to prevent another Khmer Rouge-style period, he said. And he urged the court to inform those civil parties who will participate in the trial as soon as possible.

Meanwhile, Theary Seng said, there is little time remaining for lawyers to explain the relevant legal issues to civil party participants. She urged participants to be proactive in contacting their lawyers, instead of waiting.

Cambodia Refuses To Lower Flag from Contentious Pagoda

Posted: 28 Jan 2011 01:30 PM PST






Chun Sakada, VOA Khmer
Phnom Penh Friday, 28 January 2011
"Cambodia reserves its legitimate rights to defend its sovereignty and territorial integrity."
Cambodia says it will not remove its flag from a pagoda on a disputed piece of land near Preah Vihear temple, despite a request from Thailand.

The Foreign Ministry said in a statement it would not comply with a request from Thai Prime Minister Abhisit Vejjajiva to remove the flag from Wat Keo Siha Kiri Svara.

Both sides claim the land surrounding the pagoda, which was also at the center of a prolonged military standoff that began in July 2008 and only ended a few months ago.


The Foreign Ministry called the "demand" for the removal of the flag "insulting" and said recent Thai military exercises near the border were "clearly provocative."

"Cambodia reserves its legitimate rights to defend its sovereignty and territorial integrity," the statement said.

The latest row follows the removal of a controversial placard on the border purporting to mark the place where "Thai troops invaded Cambodia" in July 2008 and withdrew on Dec. 1, 2010. That sign has been replaced with one that says, "Here! Is Cambodia."

Cambodia lays claim to the Keo Sikha Kiri Svara pagoda via turn of the century maps and conventions between France and Siam, the former name for Thailand. The pagoda was built by Cambodians in 1998 on land claimed by Cambodia. For its part, Thailand has said in the past it disputes the maps used by Cambodia and demarks the border according to its own surveys.

Foreign ministers from both countries are slated to meet in Siem Reap next week for a bilateral meeting on security and cooperation.

Just do as we demand, PAD tells govt

Posted: 28 Jan 2011 01:23 PM PST

Flagging trouble: Thai troops are under pressure to remove a Cambodian national flag flying above the entrance to Kaew Sikha Khiri Sawara temple, located about 300 metres from the ancient Preah Vihear temple. Villagers have reportedly flown the flag alongside Buddhist flags for years.
Chamlong rejects offer of talks on Cambodia

29/01/2011
Bangkok Post

The People's Alliance for Democracy has rejected the government's proposal for negotiations to end its rally.

It made its decision after the government proposed to send a delegation to hold talks to clear the air over the Thai-Cambodian border issues.

PAD core leader Chamlong Srimuang yesterday said any talks would be a waste of time.

He said government representatives had called and offered to hold a live debate.

``It is not time for talks. The government should comply with our demands,'' he said.


Maj Gen Chamlong also voiced disagreement with the plan of Chaiwat Sinsuwong, a core leader of the PAD-linked Thai Patriots Network (TPN), to bring in the red shirts to strengthen the anti-government rally.

Maj Gen Chamlong said the PAD would not get involved with the TPN's business.

The PAD has been protesting against the government by blocking Ratchadamnoen Nok Avenue since Tuesday over its handling of Thai-Cambodian border disputes.

The group is demanding Thailand's withdrawal from the Unesco World Heritage Committee, the revocation of the 2000 MoU signed with Cambodia and ejecting Cambodians in border areas the group claims belong to Thailand back to their homeland.

Government spokesman Panitan Wattanayakorn said the government has put together a team to clarify the issues to PAD leaders with staff from the Foreign Ministry as core speakers.

Prime Minister Abhisit Vejjajiva has stressed the need to hold talks with the yellow shirts to clear up any confusion and get the facts straight, he said.

``The longer the protest the worse it becomes for all parties concerned.

``The government has a team ready to talk with the PAD. They are people in charge of border issues,'' Mr Panitan said.

He said authorities cannot allow the rally and must enforce the law to keep protesters away _ a step the government hopes it will not have to take.

Deputy Prime Minister Suthep Thaugsuban said yesterday the prime minister is expected to lead the talks after his return from Switzerland where he is attending the World Economic Forum _ if the PAD agrees.

Mr Chaiwat said he had asked key members of the red shirt United Front for Democracy against Dictatorship to joint the TPN in its fight against the government. He said that while he was in jail he had discussed with the detained red shirt leaders ways to protest against the government.

``I told them that the TPN will continue rallying at the No.4 entrance gate of Government House and the yellow shirts will protest on Ratchadamnoen Avenue.

``I asked the red shirts to gather at Orathai bridge near the prime minister's office building compound,'' Mr Chaiwat said.

The red shirt key figures said they would have to discuss the matter with other leaders before making any decision, he added.

Meanwhile, the 2nd Army is seeking the removal of a Cambodian national flag at the entrance of Kaew Sikha Khiri Sawara temple next to the ancient Preah Vihear temple.

A border source said that 2nd Army commander Thawatchai Samutsakhon has been talking to local Cambodian military leaders about removing the flag. The move comes after the prime minister's order and public pressure.

Just days ago, Thailand persuaded Cambodia to demolish a stone tablet reading ``Here! is Cambodia''.

According to the source, the Cambodian military denied putting up the flag at the temple's entrance.

It was placed there by local villagers.

Lt Gen Thawatchai, the source said, feels uncomfortable about this as it is almost a non-issue.

``First the tablet. Now the flag decoration. They should think about the troops working with their Cambodian counterparts in the area,'' said the source.

The flag is neither a sign nor a claim that it is Cambodian territory, the source said.

It was there before Thai troops were deployed at the temple in July 2008 when border tensions escalated.

[Thai] Lawyers gather data to defend Veera, Ratri

Posted: 28 Jan 2011 12:48 PM PST


January 29, 2011
The Nation

A team of lawyers for the Thai Patriots Network went to the border area in Sa Kaew province yesterday to collect information for the defence of two Thai nationals facing trespassing and spying charges in Cambodia.

The eight-member group, led by Thammasat University researcher and TPN leader Walwipha Charoonroj, inspected the area in Ban Nong Chan of Sa Kaew's Khok Sung district where seven Thais were arrested by Cambodian authorities in December.

The legal team was guided by members of the Burapha Force's special taskforce in an operation led by deputy commander Lt-Colonel Apiram Ramanat.

Walwipha said the team had submitted a written request with Prime Minister Abhisit Vejjajiva and had sought permission from Cambodian authorities to inspect the area. She said the information and facts obtained would be used to defend TPN leader Veera Somkwamkid and Ratri Pipattanapaiboon in court, which has scheduled the first hearing for Tuesday. The two face the additional charge of espionage.


The five other Thais who were arrested for trespassing, including Democrat MP Panich Vikitsreth, recently returned home after being sentenced to a suspended jail term in Cambodia.

The TPN is part of the yellow-shirt People's Alliance for Democracy, which is rallying outside Government House to demand decisive action about the border conflict with Cambodia.

Before Walwipha's group arrived, Ban Nong Chan residents expressed dissatisfaction for fear the yellow shirts would stage a protest, which would further complicate the situation in the border area. However, they did not show much opposition after being told by the taskforce that the lawyers' group would be small and that they were only visiting to collect information.

In a related development, Cambodian forces stationed at the border area near the Preah Vihear temple are in two minds about bringing down the Cambodian flag raised at another temple in the disputed area, a security source said yesterday.

Cambodian military commanders General Chea Dara and Maj-General Srey Doek agree with Thailand's demand that the flag raised at Wat Keo Sekha Kirisvara be taken down, while other commanders disagreed, the source said.

Hundreds of Cambodian troops - stationed since the controversy over a stone tablet in which Thai troops were called "intruders" and the disputed area marked as "Here is Cambodia" - are still in place along with heavy weaponry and some 30 tanks.

The source described the border situation as being tense, though no serious incidents have taken place.

Thai PM tells AP: I'll do what's right for my country over Cambodia border

Posted: 28 Jan 2011 12:43 PM PST

Thailand's Prime Minister Abhisit Vejjajiva speaks during a session at the World Economic Forum in Davos, Switzerland on Friday, Jan. 28, 2011. In a nod to the post-crisis atmosphere, the World Economic Forum shifts its attention on Friday to austerity measures and priorities for improving the economy. (AP Photo/Michel Euler)
Friday, January 28, 2011
By Matt Moore (CP)

DAVOS, Switzerland — Thailand's prime minister told The Associated Press on Friday that protesters demanding it revoke its pact with Cambodia over a border dispute have a right to make they're demands, but he will do what is best for the country.

Speaking Friday at the World Economic Forum, Abhisit Vejjajiva said that since both nations are part of ASEAN any resolution must be done in a peaceful manner yet protect Thai interests, too.

"You know, they can make their demands. They have the right to do so. We have to do what is the best for the country," he told AP. "We feel that the way we approach the border problems, and the problems — as far as the relationship with Cambodia is concerned — is best for the country, which is that we try to resolve whatever issues come up in a peaceful manner."


Earlier this week, a rally by the People's Alliance for Democracy — also known as the Yellow Shirts — and an associated fringe group, raised tensions in a country still recovering from political violence last year that turned parts of the capital into a war zone. Police on Monday arrested five men accused of plotting to bomb the protest.

The demonstrators set up a stage along a major street near the U.N.'s Asian headquarters and Government House, the prime minister's office that the Yellows occupied for three months in 2008.

The protesters want the government to revoke a pact with Cambodia on settling border disputes; withdraw from the U.N. Education Scientific and Culture Organization World Heritage Committee, which approved Cambodia's application for landmark status for a temple on the border; and force Cambodian residents off land the group claims should belong to Thailand.

"So that we preserve good relations — we are both part of ASEAN — and at the same time we make sure that we protect Thai interests," he said. "So all we can do is to explain to them (that) we feel that this is the best approach and I am confident that majority of Thai people support" it.

The Cambodian issue has its origins in a dispute between Cambodia and Thailand over land near a landmark temple on their border, but has evolved into a Thai domestic political issue.

The International Court of Justice ruled in 1962 that the 11th-century Preah Vihear temple belongs to Cambodia, but the decision rankled Thailand, which still claims land around the temple.

As for neighbouring Myanmar, he said while its recent elections "may not be perfect," they were "an important first step and what we want to do now is to see the gradual opening up and making sure that political process becomes more inclusive, and we hope that the rest of the world will try to make sure that we can support Myanmar to do that."

He pointed to the release earlier this year of Nobel Peace laureate Aung San Suu Kyi in November after seven years under house arrest as a "positive step" in that process.

Afterward, she gave a recorded address to the Forum, urging investment in technology and infrastructure, and micro-lending programs in her country, but said investors "should pay close attention to the costs and collateral damage of our development, whether environmental or social."

Suu Kyi's party won the country's last election, in 1990, but the army would not let it take power and refused to convene parliament. The first parliamentary session since 1988 is to convene Monday, dominated by a military-sponsored party.

Suu Kyi spoke to the Davos participants hours after Myanmar's highest court declined Friday to hear a case she filed seeking to overturn the government's dissolution of her party.
___
Grant Peck in Bangkok contributed to this report.

Egyptian bloggers brave police intimidation

Posted: 28 Jan 2011 12:33 PM PST

Ehab El Zelaky, Web editor for the independent newspaper Al-Masry Al-Youm, pictured in the newsroom in Cairo, Egypt. El Zelaky is considered one of the first Egyptian print editors to engage bloggers in the print media. The bloggers are supported by IT specialists, human rights lawyers, and independent newspaper editors. (Anastasia Taylor-Lind / VII Mentor)
Their ranks are young and their voices continue to be heard despite threats

1/27/2011
By Suzanne Choney
msnbc.com

Their voices may not be the ones heard on the streets of Egypt, but what they're saying is coming through loud and clear over the Internet, via websites, blogs and social networking sites, like Facebook and Twitter.

Egypt's bloggers are young, as much of the nation is, with the median age being 24. Noha Atef, 26, started blogging about five years ago, spurred by reports she read about Egyptian women who were being tortured in police stations.

She hasn't experienced such ugliness first-hand, but she and her family are threatened and harassed, she said in a recent interview with The Friday Bulletin.


"Police never beat me, but more than one time summoned me. I was advised by them to stop blogging, while my family were threatened of my disappearance, rape and 'punishment' if they didn't stop me," she told the publication.

Her online work could be "easily interpreted as a text that 'encourages people to hate police,' which is a crime in Egyptian law," she said.

Such is the case for thousands of others whose laptops and cell phones are always at hand. Most are protesting not only their country's politics and President Hosni Mubarak, who has been in power for nearly 30 years, but what they say are human rights violations involving torture — and sometimes murder.

Their ranks include a support network, people like Ahmed Garbeia, a freelance software engineer who organizes workshops for bloggers, as well as human rights lawyers, and independent newspaper editors.

Sometimes, despite the support, the struggle is too much.

Blogger and political activist Shahinez Abdelsalam is one of those who recently emigrated to France, saying she was "too tired" of the battles.

"The Internet is open, fast and everywhere," says British photojournalist Anastasia Taylor-Lind, who is based in the Middle East. "But bloggers are routinely harassed, imprisoned, sometimes tortured and occasionally murdered."

Taylor-Lind says many bloggers "are the children of Cairo's intellectuals, radicals and activists and they gather late into the night in the shabby downtown street cafes their parents inhabited in the 1960s and 70s, cafes like Al Borsah and Takeiba, where the conversation over mint tea or Arabic coffee is always revolutionary and anti-Mubarak."

However, she notes, "cyber activism ... comes at a price in Egypt, and bloggers are routinely arrested and imprisoned for speaking out. During these detainments, police torture is not uncommon and there are currently more than 20 people serving prison sentences for 'crimes' connected to cyber activism in the country."

Heba Saleh, writing in The Financial Times, said that "Egypt's young activists organise on the Internet and generally eschew ideology. They want democracy, social justice and an end to corruption, torture and police brutality. Their demands do not include Islamic rule or a government of any particular hue."

Facebook and Twitter are popular venues for contact, he said, and activists' "face-to-face meetings are rare. There is no single leader and those who organise the protests remain anonymous — which has generally kept them out of the hands of the police."

Saleh quoted one organizer, who wrote on Facebook: "I don't know what will happen tomorrow and where I will be tomorrow night. I may be at home, protesting on the street, in prison or in my grave. But I know I have to go and get my rights."

Egyptian military deploys in Cairo under curfew

Posted: 28 Jan 2011 12:26 PM PST


An Egyptian protester throws stones towards a line of riot police in Cairo on Friday. (Victoria Hazou / AP)
A female activist shouts at anti-riot policemen who blocked the way to a journalists' syndicate in downtown Cairo on Jan. 26. (Ben Curtis / AP)
Ruling party HQ ablaze; protesters climb on tanks in Suez; Nobel Prize winner under house arrest

2011-01-28
NBC, msnbc.com and news services NBC, msnbc.com and news services

CAIRO — Shots were heard in central Cairo on Friday after military units moved in to quell an "open revolt" against President Hosni Mubarak's 30-year rule by tens of thousands of protesters.

Demonstrators were trying to storm the foreign ministry and the state TV building in Cairo, The Associated Press reported. Violent clashes were also reported near the Egyptian parliament.

Television images showed several buildings in Cairo, including the headquarters of the ruling party, ablaze. Flames also threatened the Egyptian National Museum.

Friday saw demonstrations across the country, which continued despite a 13-hour military curfew which began at 6 p.m. local time (11 a.m. ET). It initially covered the cities of Cairo, Suez and Alexandria, but was later extended to cover all cities. Demonstrators stayed on the streets in defiance of security forces, some mounting armored cars, cheering and waving flags.


The Al-Jazeera TV network said at least one person was killed, while Reuters reported at least five deaths. Neither could not be immediately verified.

Some 870 protesters were wounded, medical sources said, more than doubling their previous estimate. Medical officials told Reuters 450 protesters were treated on the streets and not taken to hospital, while 420 others were hospitalized.

Nobel Peace laureate Mohamed ElBaradei was put under house arrest after he joined a march earlier in the day. He and scores of protesters were forced to seek refuge in a mosque after police used water cannons and tear gas.

There were also reports that protesters had taken control of central areas of Suez and Alexandria.

Egypt's national carrier said it had also suspended its flights from Cairo for 12 hours. European airlines also modified their schedules for flights to and from Egypt, cancelling some services, due to the curfew.

'Deep concern'

The U.S. State Department said that the situation was of "deep concern," adding that "reform is vital." Secretary of State Hillary Clinton appealed for the government to allow peaceful protests and for the people on the streets to "refrain from violence."

The U.S. also warned citizens to avoid non-essential travel to Egypt and urged Americans in the country to stay put.

Shortly after the curfew began, BBC News reported that tanks had moved in to Suez and Cairo.

NBC News' Richard Engel said people were in "open revolt" on the streets of Cairo.

Engel said many people were praying in the streets, "daring" the police to move against them and enforce the curfew.

After the army moved in, Engel said the troops appeared to be taking "almost no action to stop these protests, to enforce this curfew."

"A scene that could become iconic of the day is unfolding right below me. There's an army APC, an armored personnel carrier. Instead of firing on the protesters or pushing them back, it has been surrounded by protesters … one person is standing on top of it, waving an Egyptian flag," he told msnbc TV.

Engel said the demonstrators did not want to confront the army and realized the Tunisian government had fallen when its army refused to stop the protests.

Some protesters chanted slogans calling for the army to support them, complaining of police violence.

"Where is the army? Come and see what the police is doing to us. We want the army. We want the army," the protesters in one area of central Cairo shouted.

However, Egyptian state television said the military would work in tandem with the police to get people off the streets.

"According to what some provinces witnessed in terms of riots, lawlessness, looting, destruction, attack and burning of public and private property including attacks on banks and hotels, President Hosni Mubarak decreed a curfew as a military ruler," a state TV announcer said.

The protests began when groups of thousands of protesters gathered at at least six venues in Cairo, a city of about 18 million people, and then marched toward major squares and crossed Nile bridges.

"I can't believe our own police, our own government would keep beating up on us like this," said Cairo protester Ahmad Salah, 26. "I've been here for hours and gassed and keep going forward, and they keep gassing us, and I will keep going forward. This is a cowardly government and it has to fall. We're going to make sure of it."

At several confrontation points, police used rubber bullets, batons, water cannons and tear gas against the stone-throwing demonstrators.

ElBaradei, who took to the streets Friday for the first time since his return to Egypt on Thursday, was walking with one group when clashes broke out with police.

They used batons to beat some of his supporters, who surrounded ElBaradei to protect him.

He and protesters were soaked with water cannons and eventually were forced to take refuge in a mosque, where they were trapped by riot police.

Inside the mosque, ElBaradei was prevented from leaving by tear gas. The canisters set several cars ablaze outside and several people fainted and suffered burns.

"We are the ones who will bring change," said 21-year-old Ahmed Sharif, one of scores who were with ElBaradei. "If we do nothing, things will get worse. Change must come," he screamed through a surgical mask he wore to ward off the tear gas.

'Oppression is growing'

Abeer Ahmed, a 31-year-old woman who showed up for ElBaradei with her toddler, said she has a law degree but makes a living cleaning homes.

"Nothing good is left in the country," she said. "Oppression is growing."

ElBaradei later attempted to march again with supporters chanting "peaceful, peaceful."

Hours later, it emerged he was under house arrest. Police stationed outside his suburban Cairo home told him he could not leave the building. It was unclear how he got there.

Speaking to Reuters, one witness described blood streaming from people with head wounds and others collapsing to the ground. Other witnesses gave similar descriptions.

Al-Jazeera also said opposition politician Ayman Nour, who ran in the 2005 presidential election, was hurt. Citing his son, the station said the politician was in intensive care after being hit on the head by a rock.

In Suez, Al-Jazeera reported at least five tanks moved in after the crowd chased away police from the central area of the city.

Dozens of protesters climbed onto the tanks, a Reuters witness said, and tried to talk to the soldiers. One tank had about 25 protesters on it, the witness said.

The troops tried to wave them off and residents also told Reuters that soldiers had opened fire. It was not immediately possible to confirm their reports.

Earlier in Suez, the body of a protester was carried through the streets. "They have killed my brother," one of the demonstrators shouted.

There was also a report that protesters had overcome the police in the Mediterranean port city of Alexandria.

The Guardian newspaper quoted Peter Bouckaert, of Human Rights Watch, as saying: "The police have now given up fighting the protesters. The police and protesters are now talking, with protesters bringing water and vinegar (for tear gas) to the police.

"Now walking down to downtown Alexandria, the whole road is packed as far as we can see, people shouting slogans against Mubarak and his son Gamal ... asking others to join them," he added. "It is a very festive atmosphere. Women in veils, old men, children, I even saw a blind man being led. And there are no police anywhere."

'I want a better future'

There were smaller protests in Assiut, which is located south of Cairo, and al-Arish in the Sinai peninsula.

Regional television stations were reporting clashes between thousands of demonstrators and police in Alexandria and Minya, which is south of Cairo.

"It's time for this government to change," said Amal Ahmed, a 22-year-old protester. "I want a better future for me and my family when I get married."

Friday's protest were by far the largest and most violent since they began Tuesday.

Demonstrators are demanding 82-year-old Mubarak's ouster and venting their rage at years of government neglect of rampant poverty, unemployment and rising food prices.

The protesters have said they are emboldened by the uprising in Tunisia, another north African Arab nation.

Egypt is Washington's closest Arab ally, but Mubarak may be losing U.S. support.

An Obama administration official said Friday the U.S. will review its $1.5 billion in aid to the nation.

The official spoke on condition of anonymity because of the delicacy of the situation. U.S. officials are now increasing calls on Mubarak to respond with restraint and reverse steps taken to cut off the protesters' ability to communicate.

The Egyptian authorities appeared to have disrupted social networking sites, used as an organizing tool by protesters, throughout the week.

Those disruptions escalated Friday, when Internet and cell phone services, at least in Cairo, appeared to be largely cut off.

With two-thirds of Egypt's 79 million people under the age of 30 and with many frustrated by largely toothless opposition parties, many of Egypt's youth have turned to the digital sphere as one of the few channels available to express their anger.

The attempts to sever the protesters lines of communication did not prevent tens of thousands from flooding the streets.

Raw Video: Protests in Egypt Turn Violent

Posted: 28 Jan 2011 09:44 AM PST

IPU Decision in SRP MP Mu Sochua's immunity

Posted: 28 Jan 2011 09:36 AM PST

SRP MP Mu Sochua (Photo: RFI)


COMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANS
CASE No. CMBD/47 - MU SOCHUA - CAMBODIA

Decision adopted by the Committee at its 132nd session
(Geneva, 17 - 20 January 2011)

The Committee,

Referring to the case of Ms. Mu Sochua, a member of the National Assembly of Cambodia, and to the resolution adopted by the Governing Council at its 187th session (October 2010),

Recalling the following: Ms. Sochua's public announcement that she would bring a defamation lawsuit against Prime Minister Hun Sen for a speech he made in April 2009 alluding to her in a derogatory and insulting manner resulted in the Prime Minister filing a defamation lawsuit against her; while her defamation lawsuit against the Prime Minister was quickly dismissed, the Prime Minister's lawsuit proceeded; in June 2009, the National Assembly decided to lift her parliamentary immunity in a closed session by a show of hands, without having given Ms. Sochua an opportunity to be heard; in August 2009, the Phnom Penh Municipal Court found her guilty and sentenced her to a heavy fine, a verdict which, in June 2010, was upheld in last instance by the Supreme Court; the courts, which based their arguments inter alia on a letter Ms. Sochua had written to the IPU, failed to establish the existence of the elements that constituted the offence of defamation and, in particular, to examine how Ms. Sochua's actions could have harmed the Prime Minister's reputation; Ms. Sochua stated that she would not pay the fine, in which case, according to Cambodian law, she would have had to serve a prison term; however, it was decided that the fine would be deducted from her MP's salary,

Considering that in November 2010 the fine was paid off in full, but that her parliamentary immunity has still not been restored,


Bearing in mind that United Nations human rights bodies and mechanisms have expressed concern about the independence of the judiciary in Cambodia and "noted with concern the … lack of judicial independence and effectiveness" as well as the judiciary's inability to "effectively restrain executive power"1; most recently the United Nations Special Rapporteur on the situation of human rights in Cambodia, who in his report to the United Nations Human Rights Council of 16 September 20102 identified freedom of expression as a major cause for concern, along with the numerous challenges faced by the judiciary, expressed concern about the narrowing of political space, and recommended that defamation and disinformation be decriminalized altogether,

Mindful that Article 31 of the Constitution of Cambodia stipulates that the rights and freedoms of citizens include the "human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, the human rights covenants and conventions and those on women's and children's rights; that, moreover, Articles 41, 39, 31 and 45 of the Constitution respectively guarantee freedom of expression, the right of Khmer citizens to denounce public officials for breaches of the law committed while performing their duties, and equality before the law, and prohibits discrimination against women, and that Article 46 explicitly prohibits obscenity against women,
  1. Recalls that, in the case of Mr. Ho Vann, the parliamentary authorities reported in October 2009, that restoring parliamentary immunity was not automatic but required a meeting of the National Assembly's Permanent Committee, which submits the matter to the plenary which, in turn, restores parliamentary immunity;
  2. Affirms that with the payment of the fine two months ago, the defamation case is now closed and that consequently, Ms. Sochua is entitled to have her parliamentary immunity restored; earnestly hopes that the National Assembly will do so without any further delay and would appreciate receiving confirmation thereof as a matter of urgency;
  3. Expresses the earnest hope that the parliamentary authorities will take action to ensure that cases such as this one, where a letter to the IPU was used to convict a member of parliament who had merely exercised her right to freedom of expression, do not recur;
  4. also hopes that they will take action to amend the procedure for the lifting of parliamentary immunity in such a way as to ensure respect for the rights of the parliamentarians concerned to be heard in an open session and the decision to be taken by secret ballot;
  5. Reiterates its call on the Cambodian authorities to heed the recommendations made by the Special Rapporteur on the situation of human rights in Cambodia; invites the Parliament of Cambodia once again to debate his report in parliament and to take the necessary measures to ensure implementation of his recommendations;
  6. Requests the Secretary General to convey this decision to the parliamentary authorities, inviting them once again to respond to the questions it has consistently raised regarding the way in which Ms. Sochua's parliamentary immunity was lifted;
  7. Decides to continue examining this case at its next session, to be held during the 124th IPU Assembly (April 2011).

Sam Rainsy summoned to high court

Posted: 28 Jan 2011 09:22 AM PST



Friday, 28 January 2011
Meas Sokchea
The Phnom Penh Post

The supreme Court has summoned opposition leader Sam Rainsy to appear for a hearing on February 16 in connection with his conviction for uprooting border demarcation posts in Svay Rieng province in October 2009.

In January last year, Svay Rieng provincial court sentenced the Sam Rainsy Party president in absentia to two years jail for destroying public property and racial incitement, a conviction that was upheld by the Appeal Court last October.

The Appeal Court also released two villagers – Meas Srey and Prum Chea – sentenced to a year in prison in connection with the incident.

According to a citation issued on January 21 by Supreme Court Deputy General Prosecutor Chhoun Chantha, Sam Rainsy has been summoned to appear at 8am with his lawyer Choung Choungy and the two villagers.


Choung Choungy said yesterday he has already asked for a postponement from the court. "Any day is okay provided that the court summons me next time," he said.

He added that the appeal was filed to the Supreme Court late last year on behalf of Sam Rainsy, who is now living in self-exile in France.

"I have filed a grievance complaint to the Supreme Court to cancel the decision of the Appeal Court. I cannot say whether I am hopeful or not, but I will try my best to defend my clients," Choung Choungy said.

"I would like to request the court to judge according to an independent stance. Don't be under the influence of anyone."

In a separate case, Phnom Penh Municipal Court sentenced Sam Rainsy to an additional 10 years jail in September, after convicting him of disinformation and falsifying public documents.

The charges stemmed from evidence he publicised on the SRP's website and in video press conferences following his January conviction that also alleged Vietnamese encroachment on Cambodian territory.

Choung Choungy said an appeal against the conviction had been forwarded to the Appeal Court, but that a hearing date has not yet been set.

Chhoun Chantha could not be reached on Wednesday.

Border leaflets: Police seize anti-state documents

Posted: 28 Jan 2011 09:18 AM PST

Friday, 28 January 2011
Phak Seangly
The Phnom Penh Post

Police patrolling in Battambang on Thursday morning found leaflets they described as containing an anti-government message related to Cambodian-Vietnam border issues.

Battambang town Police Chief Thuch Ra said the leaflets – which also referenced the arrest of Hun Hean, former Banteay Meanchey provincial police chief removed from office earlier this month on graft charges – were found by an officer at five locations near two local pagodas at about 5am.

"We have no clue yet about the case but we are working to find the distributor," he said.


Battambang Provincial Police Chief Sar Thet said more than 60 anti-government leaflets were picked up by police.

"We gathered the leaflets and are searching for the distributors," he said before declining to comment further.

Heng Say Hong, Licadho investigator in Battambang, said that as many as 80 anti-government leaflets were found by police referencing territory issues and describing Hun Hean as a "nationalist".

Battambang police declined to describe the leaflets in detail other than to acknowledge that they carried an anti-government message.

Battambang lecturers in graft claim

Posted: 28 Jan 2011 09:14 AM PST

Friday, 28 January 2011
Mom Kunthear
The Phnom Penh Post

About 20 lecturers at Battambang University have accused Dean Touch Visal Sok, of corruption and partisanship in the management of the school.

Chhim Kimly, 37, a lecturer at the university who says she has been suspended from her post, said yesterday that a majority of the lecturers don't support the dean's leadership and further accuse him of
mismanaging school funds and showing favouritism in the assignment of teaching schedules.

"The dean suspended me from teaching for nearly two years because I disagreed with his leadership," Chhim Kimly said. She added that the dean has refused to provide details of how university funds are used.

"When we ask how school funds are being administered, he just says that money is being spent for the development of the university, but we don't see any development."


Another teacher who spoke on condition of anonymity said that teachers filed a complaint with the Ministry of Education in October but have yet to receive an official response.

The teacher said that lecturers who support the dean get to teach 20 to 30 classes per term, while those who don't are assigned only one or two, thereby affecting their income. He said teachers have also been warned not to speak to the media.

"I want the Ministry of Education to remove this dean from the university and the Anticorruption Unit to investigate the case," he said, adding that teachers also plan to file a complaint to Prime Minister Hun Sen's cabinet.

Touch Visal Sok said on Wednesday that the accusations against him were unfounded.

"[Teachers] say something bad in order to damage the reputation of this famous school, which is managed by me," he said, adding that he has no fear of the accusations because he has done nothing wrong.

Nea Sophan, who identified himself as manager of the staff department at the Ministry of Education, said yesterday that he received the lecturers' complaint and was working on it.

"The ministry is investigating these claims," he said.

Inflation pressures mount

Posted: 28 Jan 2011 09:11 AM PST

Friday, 28 January 2011
Steve Finch
The Phnom Penh Post

Cambodia's consumer Price Index inflation last year stood at a satisfactory 4 percent, below an economic growth rate of more than 5 percent and well within the bounds of acceptability.

In 2011, however, inflationary pressures will rise leaving the Kingdom in a familiar Catch-22 scenario: Although almost all key indicators including GDP growth and bank lending will likely move in the right direction, in turn this will only fuel inflation.

The Cambodian government has increasingly used fiscal measures such as new taxes and tax enforcement along with a sober budget to help prevent runaway price rises. But with few monetary options at its disposal due to persistently high dollarisation, the state still lacks the most useful tool to control rising prices – interest rates.


Economists have predicted India will join Thailand and South Korea in raising interest rates this month to fight rising food and commodity prices, but in Cambodia no such luxury exists given the United States Federal Reserve remains the Kingdom's default formulator of monetary policy.

This familiar situation posed few problems in 2010 as the economy started its recovery. But this year inflation will become a much greater threat.

"Inflationary pressures are increasing," said Nick Owen, a Beijing-based economist specialising in Cambodia for the Economist Intelligence Unit.

The price of diesel in Cambodia has already risen 6.2 percent since December 1 at Sokimex, Tela, Caltex and Total petrol stations while premium gasoline is up 5.3 percent.

"Fuel is certainly going to have an impact, but I would be a lot more concerned about food prices, which globally are trending upwards," Stephen Higgins, the CEO of ANZ Royal bank, said yesterday.

Prices for the national staple rice have steadily climbed in recent months and will likely retain upwards momentum as exporters look to raise the volume of overseas shipments this year. Paddy was up 1.72 percent on average at markets in Phnom Penh this month up to Wednesday.

With major banks reporting lending growth of over 30 percent last year and the micro-finance industry experiencing a similar rise in loans, most financial analysts have predicted liquidity will continue to expand in 2011 exerting further inflationary pressure.

Higgins said it may therefore be time for the National Bank of Cambodia to consider raising the reserve requirement again to help put a break on this influx of cash.

This would seem prudent, given the country's outlook. The likes of the Asian Development Bank and the International Monetary Fund are predicting inflation of between 5 and 7.7 percent this year, while the EIU raised its outlook by 0.2 percentage points this month to 6.2 percent.

With inflationary pressures mounting and scarce monetary tools available to address the problem, Cambodia will be doing well if inflation is kept at the lower end of this scale.

Cambodia, Thai foreign ministers to meet next week on cooperation

Posted: 28 Jan 2011 09:07 AM PST

January 28, 2011
Xinhua

Cambodian and Thai foreign ministers are scheduled to meet next week in Cambodia's Siem Reap province on cooperation.

At the invitation of Hor Namhong, Cambodian foreign minister, Thai Foreign Minister Kasit Piromya will lead a delegation to participate in the seventh meeting of the joint commission for bilateral cooperation between Cambodia and Thailand, according to the press release from the Cambodian Ministry of Foreign Affairs and International Cooperation on Friday.

The meeting, to be held on Feb. 3-4, will focus on strengthening and expanding cooperation in all fields between the two countries. During the meeting, both sides will adopt the record of discussion of the meeting.


On Thursday, a new military confrontation between Cambodia and Thailand at the Preah Vihear temple area happened following a report that Cambodia had raised a national flag over Wat Keo Sekha Kiri Svarak pagoda at Preah Vihear temple and refused to remove it despite Thai side's request.

According to reports, the flag was raised after the contentious stone tablet, with a message "Here is Cambodia," was removed on Wednesday.

Spokesman for Cambodian Foreign Ministry, Koy Kuong, said Friday that it cannot be assumed that the current tension at Preah Vihear temple will be discussed at the meeting. However, it depends on whether the situation will cool down before the meeting.

However, Reth Sitha, deputy chief of general staff at Prime Minister Hun Sen's Bodyguard Unit and commander of Tank Unit, said on Friday that Cambodia has begun to enhance its military capacity.

Cambodia's Preah Vihear temple was enlisted as World Heritage Site on July 7, 2008. Just a week after the enlistment, Cambodia and Thailand had border conflict due to Thai claim of the ownership of 4.6 sq km of scrub next to the temple, triggering a military build-up along the border. Periodic clashes between Cambodian and Thai soldiers have resulted in the deaths of troops on both sides.

Cambodia rejects Thai PM's demand to remove flag at pagoda

Posted: 28 Jan 2011 08:46 AM PST

January 28, 2011
Xinhua

Cambodia Friday afternoon rejected Thai Prime Minister Abhisit Vejjajiva's demand to remove Cambodia's flag at the pagoda near Preah Vihear temple, according to the declaration of Cambodian Ministry of Foreign Affairs and International Cooperation.

The rejection was made following the demand by Abhisit on Thursday that Cambodia must remove its flag from the Keo Sikha Kiri Svara pagoda of Cambodia.

"The Ministry of Foreign Affairs and International Cooperation wishes to emphasize that this statement made by the prime minister of Thailand is unacceptable and that Cambodia firmly rejects such an insulting demand," said the declaration.


It added that "such a statement made by Thai prime minister in parallel with Thailand's military exercise at the border with Cambodia is clearly provocative and constitutes a casus belli for future acts of aggression against Cambodia."

"Cambodia reserves its legitimate rights to defend its sovereignty and territorial integrity," it said.

According to the map produced by the Franco-Siamese commissions between the period of 1905 and 1908, the Keo Sikha Kiri Svara pagoda, built by the people of Cambodia in 1998, is clearly situated in the Cambodian territory. "Therefore, the flag of Cambodia is legitimately flying over this pagoda."

The tension between Cambodia and Thailand over the border happened on Thursday after there was a report that Cambodia had raised a national flag over Wat Keo Sekha Kiri Svarak pagoda at Preah Vihear temple and Thai side requested to remove it, but Cambodian side rejected it.

The flag had reportedly been flown at the temple instead after the contentious stone tablet with a message 'Here is Cambodia' was removed on Wednesday.

Reth Sitha, deputy chief of general staff at the Prime Minister Hun Sen's Bodyguard Unit and commander of Tank Unit, said on Friday that Cambodia has begun to enhance its military capacity at border area.

Cambodia's Preah Vihear temple was enlisted as World Heritage Site on July 7, 2008. Just a week after the enlistment, Cambodia and Thailand have had border conflict due to Thai claim of the ownership of 1.8 square miles (4.6 sq km) of scrub next to the temple, triggering a military build-up along the border, and periodic clashes between Cambodian and Thai soldiers have resulted in the deaths of troops on both sides.

The definitive description of a non-government organisation

Posted: 28 Jan 2011 08:43 AM PST

Friday, 28 January 2011
Stuart Alan Becker
The Phnom Penh Post

THE definition of a non-governmental organisation is a legally constituted organisation that operates independently from any government. NGO is a term usually used by governments to refer to entities that have no government status – but in the context of Cambodia, one of the most donated-to countries in the world, NGOs are generally perceived as being of service in one way or another to the poor and marginalised citizens, through health services, vocational training, agricultural or infrastructure development, family and social services or other human-benefiting or humanitarian work.

Because of Cambodia's turbulent history, owing to a combination of factors including the nation's geographical location between the two larger powers of Thailand and Vietnam, together with the history of foreign intervention beginning with the French Protectorate, the Vietnam War, the Khmer Rouge period and the civil war and liberation in 1979 – it is widely recognised that NGOs have been essential in stabilising Cambodia's population.

While it may be somewhat discomforting for local people to be asked to tolerate well-funded foreigners running around getting involved in poor people's lives, even the most ardent of Cambodian nationalists must agree that NGOs have played essential roles in stabilising the population following the removal of the Pol Pot regime.


Most NGOs operating in Cambodia work closely with the government, creating a kind of mutual dependency in which the funding and expertise provided by the NGOs are deeply appreciated by state officials – especially at the village level.

Today, more than 30 years after Cambodia opened to NGOs, as the Cambodian population becomes increasingly stabilised, more than US$100 million per year in funding is distributed among the NGOs operating here.

In cases where NGOs are funded totally or partially by governments, the NGO usually maintains its non-governmental status by excluding government representatives from membership in the organisation. Thus, government aid money could be donated to an NGO from China, Japan, the United States, Germany or South Korea, for example, and the NGO could still retain its non-government status.

In most cases, representatives of the Cambodian government have a mutually beneficial relationship with NGOs which gather the funding and develop ideas about how to get benefits, training and improvements to needy sectors of the population.

NGOs need cooperation from government officials at all levels to get the work done in the provinces, so while there may be some jockeying for advantage, the relationships are often mutually supportive, as in the case of the Kampong Speu Governor's office and the NGOs working on sanitation projects.

The term NGO is usually applied only to organisations that pursue some wider social aim that has political aspects, but that is not overtly political organisations. Unlike the term "intergovernmental organisation", the term "non-governmental organisation" has no generally agreed legal definition. In many jurisdictions, these types of groups are called "civil society organisations" or referred to by other names.

According to the Cooperation Committee for Cambodia in its 2010 Review of the NGO Sector in Cambodia, 72 percent of NGOs in Cambodia are local and 28 percent are international NGOs. There are an estimated 2,000 LNGOs and more than 300 INGOs operating in Cambodia today.

In terms of size and financial strength, some of the world's biggest NGOs are involved humanitarian work such as Oxfam, CARE, World Vision and Save the Children – all large organizations with significant financial clout.

World Vision, for example, had a worldwide annual budget for 2006 of about $2.1 billion. The National Bank of Cambodia estimated Cambodia's gross domestic product in 2010 at $11.36 billion.

The number of internationally operating NGOs is estimated at 40,000. The line between an "NGO" a "nonprofit" and "civil society" is often blurred in debates. Yet in the case of Cambodia, it is generally true to regard NGOs as organisations involved somehow in providing benefits to the population.

NGOs are defined by the World Bank as "private organisations that pursue activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development".

Common usage varies between countries - for example NGO is commonly used for domestic organisations in Australia that would be referred to as non-profit organisations in the US. Such organisations that operate on the international level are fairly consistently referred to as "non-governmental organisations" in the US and elsewhere.

International non-governmental organisations have a history dating back to at least 1839. It has been estimated that by 1914 there were 1,083 NGOs.

However, the phrase "non-governmental organisation" only came into popular use with the establishment of the United Nations Organisation in 1945 with provisions in Article 71 of Chapter 10 of the United Nations Charter for a consultative role for organisations which are neither governments nor member states.

The definition of "International NGO" is first given in resolution 288 (X) of ECOSOC on February 27, 1950: it is defined as "any international organisation that is not founded by an international treaty". The vital role of NGOs and other "major groups" in sustainable development was recognised in Chapter 27 of Agenda 21, leading to intense arrangements for a consultative relationship between the UN and NGOs.

During the 20th century international treaties and international organisations such as the World Trade Organisation had been criticised as being too focused on the interests of capitalist enterprises. NGOs have developed to emphasise humanitarian issues, developmental aid and sustainable development.

A prominent example of this is the World Social Forum, which is a rival convention to the World Economic Forum held annually in January in Davos, Switzerland. The fifth World Social Forum in Porto Alegre, Brazil, in January 2005 was attended by representatives from more than 1,000 NGOs.

There's a debate that, NGOs take the place of what should belong to popular movements of the poor. Others argue that NGOs are often imperialist in nature, that they sometimes operate in a racist manner in Third World countries and that they fulfill a similar function to that of the clergy during the colonial era. Philosopher Peter Hallward argues that they are an aristocratic form of politics.

Yet, NGOs remain a fact of life in Cambodia and while some of them may have gradually shifted emphasis towards bureaucratic largesse and away from relentless service of the needy – that's not always the case – the truth is complex and each NGO is individual and shouldn't be lumped in with the rest.
An NGOs is a legally constituted organisation that operates independently from any government
Understanding the role of NGOs in Cambodia requires individual study of each one. The good news is, in the fullness of time, tactics have been developed and shared through organisations like the Cooperation Committee for Cambodia and NGOs are able to borrow proven techniques from each other about how to make programs for sanitation, health and economic development work within the framework of the local governments.

Apart from "NGO", often alternative terms are used as for example: independent sector, volunteer sector, civil society, grassroots organisations, transnational social movement organisations, private voluntary organisations, self-help organisations and non-state actors.

Non-governmental organisations are a heterogeneous group. A long list of acronyms has developed around the term "NGO". There are also numerous classifications of NGOs.The typology the World Bank uses divides them into operational and advocacy.

The primary purpose of an operational NGO is the design and implementation of development-related projects. One frequently used categorisation is the division into relief-oriented versus development-oriented organisations; they can also be classified according to whether they stress service delivery or participation; or whether they are religious or secular; and whether they are more public or private-oriented. Operational NGOs can be community-based, national or international.

The primary purpose of an Advocacy NGO is to defend or promote a specific cause. As opposed to operational project management, these organisations typically try to raise awareness, acceptance and knowledge by lobbying, press work and activist events.

USAID refers to NGOs as private voluntary organisations. Others argue, however, that this definition is problematic because many NGOs are state and corporate funded and manage projects with professional staff.

NGOs exist for a variety of reasons, usually to further the political or social goals of their members or funding providers. Examples include improving the state of the natural environment, encouraging the observance of human rights, improving the welfare of the disadvantaged, or representing a corporate agenda.

However, there are a huge number of such organisations and their goals cover a broad range of political and philosophical positions. This can also easily be applied to private schools and athletic organisations.

The number of internationally operating NGOs is estimated at 40,000. National numbers are even higher: Russia has 277,000 NGOs. India is estimated to have between 1 million and 2 million.

NGOs vary in their methods. Some act primarily as lobbyists, while others primarily conduct programs and activities. For instance, an NGO such as Oxfam, concerned with poverty alleviation, might provide needy people with the equipment and skills to find food and clean drinking water, whereas an NGO like the FFDA helps through investigation and documentation of human rights violations and provides legal assistance to victims of human rights abuses. Others, such as the Afghanistan Information Management Services, provide specialised technical products and services to support development activities implemented on the ground by other organisations.

NGOs need healthy relationships with the public to meet their goals. Foundations and charities use sophisticated public relations campaigns to raise funds and employ standard lobbying techniques with governments. Interest groups may be of political importance because of their ability to influence social and political outcomes. A code of ethics was established in 2002 by The World Association of Non Governmental NGOs.

The Cambodian Committee for Cooperation has established a voluntary code of ethics for NGOs operating in Cambodia and requests NGOs adopt self-regulation according to those established guidelines.
There is an increasing awareness that management techniques are crucial to project success in NGOs.

Generally, NGOs that are private have either a community or environmental focus. They address issues such as religion, emergency aid, or humanitarian affairs. They mobilise public support and voluntary contributions for aid, they often have strong links with community groups in developing countries, and they often work in areas where government-to-government aid is not possible. NGOs are accepted as a part of the international relations landscape, and while they influence national and multilateral policy-making, increasingly they are more directly involved in local action.

Not all people working for NGOs are volunteers. There is some dispute as to whether expatriates should be sent to developing countries. Often this type of personnel is employed to satisfy a donor who wants to see the project managed by someone from an industrialised country. However, the expertise these employees or volunteers may be counterbalanced by a number of factors: the cost of foreigners is typically higher, they have no grassroot connections in the country they are sent to, and local expertise is often undervalued.

The NGO sector is an important employer in terms of numbers. For example, by the end of 1995, CONCERN worldwide, an international Northern NGO working against poverty, employed 174 expatriates and just over 5,000 national staff working in 10 developing countries in Africa and Asia and Haiti.

Large NGOs may have annual budgets in the hundreds of millions or billions of dollars. For instance, the budget of the American Association of Retired Persons' was more than US$540 million in 1999. Funding such large budgets demands significant fundraising efforts on the part of most NGOs. Major sources of NGO funding are membership dues, the sale of goods and services, grants from international institutions or national governments, and private donations. Several European Union grants provide funds accessible to NGOs.

Even though the term "non-governmental organisation" implies independence from governments, most NGOs depend heavily on governments for their funding. A quarter of the $162 million income in 1998 of the famine-relief organisation Oxfam was donated by the British government and the EU.

The Christian relief and development organisation World Vision collected $55 million worth of goods in 1998 from the American government. Nobel Prize winner Médecins Sans Frontières (known in the US as Doctors Without Borders) gets 46 percent of its income from government sources.
Some NGOs, such as Greenpeace, do not accept funding from governments
Government funding of NGOs is controversial, since, according to David Rieff, writing in The New Republic, "the whole point of humanitarian intervention was precisely that NGOs and civil society had both a right and an obligation to respond with acts of aid and solidarity to people in need or being subjected to repression or want by the forces that controlled them, whatever the governments concerned might think about the matter". Some NGOs, such as Greenpeace do not accept funding from governments or intergovernmental organisations.

In a March 2000 report on UN reform priorities, former UN Secretary General Kofi Annan wrote in favour of international humanitarian intervention, arguing that the international community has a "right to protect" citizens of the world against ethnic cleansing, genocide, and crimes against humanity".

On the heels of the report, the Canadian government launched the Responsibility to Protect R2PPDF (434 KiB) project, outlining the issue of humanitarian intervention. While the R2P doctrine has wide applications, among the more controversial has been the Canadian government's use of R2P to justify its intervention and support of the coup in Haiti.

Years after R2P, the World Federalist Movement, an organisation which supports "the creation of democratic global structures accountable to the citizens of the world and calls for the division of international authority among separate agencies", launched Responsibility to Protect - Engaging Civil Society (R2PCS). A collaboration between the WFM and the Canadian government, this aims to bring NGOs into lockstep with the principles outlined under the original R2P project.

The governments of the countries where an NGO is registered may require reporting or other monitoring and oversight. Funding providers generally require reporting and assessment and such information is not necessarily publicly available. There may also be associations and watchdog organisations that research and publish details on the actions of NGOs working in particular geographic or program areas.

In recent years, many large corporations have increased their corporate social responsibility departments in an attempt to preempt NGO campaigns against certain corporate practices. As the logic goes, if corporations work with NGOs, NGOs will not work against corporations.

The legal form of NGOs is diverse and depends upon homegrown variations in each country's laws and practices. NGOs are not subjects of international law, as states are. An exception is the International Committee of the Red Cross, which is subject to certain matters, mainly relating to the Geneva Convention.

The Council of Europe in Strasbourg drafted the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations in 1986, which sets a common legal basis for the existence and work of NGOs in Europe. Article 11 of the European Convention on Human Rights protects the right to freedom of association, which is a norm for NGOs. Some reasearch courtesy of www.wikipedia.org.

Lawyers gather data to defend Veera, Ratri

Posted: 28 Jan 2011 08:37 AM PST

Friday, January 28, 2011
The Nation

A team of lawyers for the Thai Patriots Network went to the border area in Sa Kaew province Friday to collect information for the defence of two Thai nationals facing trespassing and spying charges in Cambodia.

The eight member group, led by Thammasat University researcher and TPN leader Walwipha Charoonroj, inspected the area in Ban Nong Chan of Sa Kaew's Khok Sung district where seven Thais were arrested by Cambodian authorities in December.

The legal team was guided by members of the Burapha Force's special task force in an operation led by deputy commander Lt Colonel Apiram Ramanat.

Japan, biggest donor to Cambodia's genocide tribunal, contributes another $11.7 million

Posted: 28 Jan 2011 08:28 AM PST

Friday, January 28, 2011
The Associated Press

PHNOM PENH, Cambodia — Japan has agreed to make a contribution of $11.7 million to the U.N.-assisted genocide tribunal that is trying former leaders of Cambodia's communist Khmer Rouge.

A tribunal statement issued Friday said that the contribution from Japan — the single biggest donor to the proceedings — will cover about 25 per cent of its budget for 2011. Japan has provided a total of about $67 million to the tribunal, about 49 per cent of all contributions.

An estimated 1.7 million people died under Khmer Rouge rule in the late 1970s. The tribunal convicted its first defendant last year, and later this year is expected to begin trying four former top Khmer Rouge leaders for crimes against humanity, genocide, war crimes and murder, torture and religious persecution.

Ministry Accepts Many NGO Changes to Draft Law

Posted: 28 Jan 2011 01:00 AM PST

Many NGOs say they are worried the law needs corrections lest it be used to crackdown on organizations deemed anti-government.

Chun Sakada, VOA Khmer
Phnom Penh Thursday, 27 January 2011
"If the current draft law is not changed, it's worrisome to NGOs."
The Ministry of Interior has accepted most of the recommendations from the non-governmental sector as it moves forward with a draft law on governing NGOs, although some concerning provisions remain, officials said Thursday.

Organizations had said they worried the new law, which seeks tighter regulations of the sector, would inhibit the growth and develop of the country by making it difficult for NGOs to both form and operate.

In a meeting between the government and NGO sectors earlier this month, organizations said they wanted to see changes to 21 articles of the law to prevent bureaucratic logjams that could diminish their effectiveness. Many of their recommendations were accepted, officials said.


"The Ministry of Interior agreed to exclude community-based organizations or associations in rural areas in the draft law," said Sin Somony, executive director of Medicam, an umbrella group of medical NGOs.

Small, rural groups would have had a hard time forming under the previous version of the law, a potential danger to grassroots organizations in many communities.

The ministry agreed to lower the number of national founders to any group, from 21 to 11, Sin Somony said. The ministry also agreed to strike a provision in the law that called for reporting of changes or dismissals of any staff members, though changes in organizational leadership will still be required.

For all the positive changes, areas of concern remain, he said.

For example, the law still prohibits an alliance between Cambodian and international NGOs, which will be detrimental to the capacity development of local organizations, he said.

Chhith Sam Ath, executive director of the NGO Forum, a large association of organizations, said the law must provide for such alliances.

"If the current draft law is not changed, it's worrisome to NGOs," he said. "So we demand they provide a clear definition of alliances between local and international NGOs to make possible their continuous work to help develop Cambodia."

The ministries of Interior and Foreign Affairs will need further discussion on that question, said Nouth Saan, secretary of state for the Ministry of Foreign Affairs. However, he confirmed that many of the changes had been accepted.

Regardless, Sin Somony said NGOs appreciated a chance to discuss the law with the government before it moves to the Council of Ministers for approval and the National Assembly for passage.

"It is a good step forward, because the government accepted the NGO recommendations and showed good will," he said. "So we hope the second draft law on non-governmental organizations will reflect what NGO and government representatives talked about."

Prison population on the rise

Posted: 28 Jan 2011 12:20 AM PST

28 January 2011
Everyday.com.kh
Translated from Khmer by Soch

An official from the jail department of the ministry of Interior (MoI) indicated yesterday that the prison population was on the rise in 2010 when compared to 2009. Kuy Bun Sen, the deputy director of the jail department of the MoI indicated that up to 15 Dec 2010, the number of prisoners is 14,043 and 915 of whom are women. This is an increase by 718 prisoners (407 of whom are women) from the 2009 population number. He indicated also that up to 15 Dec 2010, there is an additional 6,836 new prisoners, 642 of whom are women.

Sinatoons No. 8: Shukaku Inc.

Posted: 28 Jan 2011 12:11 AM PST

Cartoon by V. Sina

Thai military exercise near Ta Krabei temple

Posted: 27 Jan 2011 11:59 PM PST

28 January 2011
Everyday.com.kh
Translated from Khmer by Soch

Thai soldiers have started their military exercise in the morning of 28 Jan in Phanom Dong Phat district, Surin province. The exercise is taking place in front of Cambodia's Thmor Daun village, Kok Mon commune, Banteay Ampil district, Oddar Meanchey province. The exercise includes shooting with live ammunition and is taking place about 3 km from the border next to Ta Krabei temple located in Oddar Meanchey province.

About 100 Thai troops entered Ta Moan temple in the middle of the night; Border situation tense again

Posted: 27 Jan 2011 11:42 PM PST

Wat Keo Sekha Kiri Svarak flying a Cambodian flag (Photo: CEN)

Sitting from left to right: Gen. Hun Many, Gen. Hun Manet, Gen. Chea Dara, Gen. Kheng Someth and Gen. Srei Doek reviewing a map on 28 Jan 2011 (Photo: CEN)
28 January 2011
By Serey
Cambodia Express News
Translated from Khmer by Soch

Preah Vihear – A report from the border claimed that about 100 armed Thai troops entered Ta Moan temple last night. Also, the border situation in Preah Vihear is becoming tense again after Thailand sent reinforcement troops to the border area and demanded that Cambodia removes its flag from Wat Keo Sekha Kiri Svarak Pagoda.

A source indicated at 10AM on 28 Jan that Cambodian troops are on alert at Ta Moan and Ta Krabei temples in Oddar Meanchey province after Thailand sent additional troops to this region. The source added that during the evening of 27 Jan, at around 7-8 PM, about 100 armed Thai soldiers entered the perimeter of Ta Moan temple. These soldiers remained there for about 2 hours before they left after Cambodia insisted that they leave since their action is contrary to prior agreements.

Meanwhile, the situation in Preah Vihear temple is becoming tense again after Thai troops demanded that Cambodia removes its flag from Wat Keo Sekha Kiri Svarak Pagoda which belongs to Cambodia. However, Cambodia refused. The source claimed that up to now, there is no armed clash yet, but that both troops are on alert and are facing each other. Thailand also sent troops and large amount of weapons to the region which had problems in the past.

Cambodian Ministry of Defense sends tanks to the border again

Posted: 27 Jan 2011 11:34 PM PST

(Photo: Reuters)
28 January 2011
By Serey
Cambodia Express News
Translated from Khmer by Soch

Phnom Penh – The Cambodian Ministry of Defense (MoD) had dispatched tanks to the border in what seems due to threat from Thailand.

A high-ranking official of the MoD claimed on 28 Jan morning that a number of tanks and weapons will be sent to the northern border this morning. This official added that this is not a dispatch of military forces, but only a preparation for the defense of territorial integrity in response to the irregular situation taking place due to Thailand.

Other source claimed that Cambodian troops along the border in Preah Vihear are on alert as it is learned that there are suspicious Thai troop movements.

The changing situation comes at a time when the Thai Yellow Shirts demand that Cambodia remove its flag from Wat Keo Sekha Kiri Svarak, and also when Thai troops are being reinforced in a number of areas.

PAD severs ties with 'fake' Kasit

Posted: 27 Jan 2011 10:44 PM PST

Just pretending:
A Chinook helicopter from the Lop Buri-based General Support Aviation Battalion takes part in an artillery air transport exercise at Surathampitak army camp in Nakhon Ratchasima. PRASIT TANGPRASERT
Former bedfellows fall out over Cambodia

28/01/2011
Bangkok Post

Unity in the People's Alliance for Democracy has taken a further blow after a messy parting of the ways with its former champion, Foreign Affairs Minister Kasit Piromya.

Mr Kasit was attacked by the PAD yesterday after he refused to accept the group's demands that the government revoke a 2000 border agreement with Cambodia and withdraw from the World Heritage Committee.

The alliance also demands that the government use force to expel Cambodian soldiers and villagers from the 4.6-square-kilometre disputed area on the border.


The PAD severed ties with the foreign minister after he insisted on a policy of negotiation rather than confrontation with Cambodia.

The conflict of loyalties between his role as minister and membership of the PAD has caused Mr Kasit political headaches in the past.

He joined the PAD as a vocal member of its campaign to overthrow former prime minister Thaksin Shinawatra in 2006. Mr Kasit criticised Thaksin for alleged conflicts of interest in his government's dealings with Cambodia.

As an unelected member of the Democrat Party-led coalition, Mr Kasit said yesterday he must follow the government's policy of forging peace with neighbouring countries.

Mr Kasit said he had chosen to engage with neighbouring countries to build peace and prosperity, rather than seek confrontation.

"If there is any conflict [with neighbouring countries], we have to negotiate peacefully as friends," the minister said.

"The PAD should not act like a baby or react with emotion."

Thailand would not employ a policy of confrontation in solving problems with Cambodia as the two countries have common business interests and natural resources that they could share, Mr Kasit said.

"I'd like to plead [with the PAD]: This is the peaceful and right means of solving the problem, which will create mutual benefits without affecting Thai investors in Cambodia."

Political analysts said Mr Kasit's break with the PAD exposed further cracks within the movement.

The Thai Patriots Network and the Santi Asoke sect have separated from the PAD and are holding their own demonstrations even though their protest demands are related to the same sovereignty issues with Cambodia.

The analysts felt the PAD's credibility could be eroded now it had turned against a "friend" whom it once regarded as an authoritive figure in foreign affairs.

Attacking Mr Kasit personally rather than the government could also dilute the PAD's message.

On stage last night, PAD co-leader Sondhi Limthongkul took to task people he called "fake" PAD members - a reference to Mr Kasit. PAD spokesman Panthep Phongphuaphan said yesterday Mr Kasit had forgotten his own duties and role as foreign minister.

He said the minister failed to tell people what his ministry would do to protect national sovereignty, even though that was part of his job.

Mr Panthep said the minister allowed Cambodia to detain seven Thais who were arrested on what the PAD regarded as Thai territory.

Historian Thepmontri Limpaphayom said Mr Kasit was "sick" and had betrayed the nation. He urged Mr Abhisit to dismiss him from the cabinet.

PAD leader Chamlong Srimuang yesterday dismissed the prime minister's remark that revocation of the 2000 agreement might lead to conflicts or even war.

The memorandum required the two countries to base their border demarcation on a 1:200,000 map that put Thailand at a disadvantage, he said.

Meanwhile, the PAD and the Thai Patriots Network yesterday refused a government request that they abandon their protests on Phitsanulok and Ratchadamnoen Nok roads, claiming moving would put protesters in danger.

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