Election campaign matures

Friday, February 23, 2007

By Sam Rith and Charles McDermid
Phnom Penh Post, Issue 16 / 04, February 23 - March 8, 2007

As the run-up to the April 1 commune elections intensifies, new political tactics have emerged, others have vanished, and the major parties are promising big gains and progressive platforms.

Politicos, observers and analysts agree that the campaign atmosphere has improved, and that pre-campaign political rhetoric has taken a softer tone. Mostly gone are the aggressive smear tactics, anti-Vietnamese vitriol and outright political killings that have marred earlier elections. By many accounts, Cambodian politics have matured. But others are wondering if this is a fledgling step towards democracy or ruling-party window-dressing.

Still, with the official campaign period beginning on March 16, it is yet to be seen who will end up controlling the Cambodia's 1,621 commune councils - and who will end up as April's fools.

"So far, this year has had many, many differences from 2002; the candidates are more professional and they understand how to do a campaign much better than in 2002," said Ou Virak, executive secretary of the Alliance for Freedom of Expression. "The general public knows what to expect. They are making more demands of their candidates. It's pressure from these demands that's pushing the level of competition higher. Even the ruling party has learned the language of democracy. They've learned what to say to win votes they're getting smarter."

Koul Panha, executive director of the Committee for Free and Fair Elections, said the National Election Committee has upgraded techniques in voter and candidate registration, and in its distribution of voter information sheets.

"But in its political willingness to have free and fair elections, the NEC still has a lot of shortages, Panha said. "For example, as in the state-run media, including TV and radio. The NEC has not made an effort to make access equal for all political parties. We have seen only the ruling party. And there are security issues in the remote areas. People still have fears: the NEC has not made an effort to cooperate with local authorities to investigate complaints or punish any person who committed the crime."

But Virak and other analysts have said that the public's concerns over poverty, corruption and land grabbing have meant increased pressure on inefficient officials, and the process of appeasing constituents is changing.

"In other elections, even 2002, the network of the communist regime was used to win elections," Virak said. "In the old days what they did was kiss up to the next level , and they'd receive the position. Going to the people would have been a shock to those candidates. Now most council candidates know how elections really work. The electorate has become more mature."

Bravado is coming from the four main camps.

"Some people are going to get a big surprise on the evening of April 1, " said Sam Rainsy, leader of the Sam Rainsy Party (SRP), which won 13 commune chief positions in 2002. "The objective that we consider realistic is to win between 200 and 300 communes, including the biggest ones. This will pave the way for our victory [in national elections] next year."

Khieu Kanharith, Minister of Information for the CPP, said on February 22 that the ruling CPP should win about 97 or 98 percent of the commune positions and 95 percent of the popular vote in 2008.

According to Funcinpec spokesman Nouv Sovathero, the party's hierarchy remains strong despite the departure of Prince Norodom Ranariddh. He said Funcinpec was still able to field candidates in 1,459 communes, or sangkats.

"At least we could get from 80 to 85 percent in the coming commune election," Sovathero said. "In the general national election in 2008 we are still hoping for victory and plan to participate in the government as in previous mandates."

The newest party of the four able to field at least 1,000 candidates, the Norodom Ranariddh Party (NRP), has high hopes Ranariddh's image will translate to grassroots success.

"We believe we could win about 80 to 90 percent in the coming election," said Muth Chantha, NRP spokesman. "Before, Funcinpec won only 11 commune chiefs. Now we hope that we will get more. We do hope to have an NRP presence in all 1,621 communes.

In 2002 the CPP won 1,596 commune chief positions, an almost 98 percent hold on grassroots politics.

Rainsy concedes that an agreement was struck with the ruling CPP to create a milder political atmosphere, but bristles at the assertions of NGO Human Rights Watch that the compromise has "led to a noticeable decline in the party's role as government watchdog and advocate of the poor."

"I met with Hun Sen and Sok An and said 'Please, can we avoid political killings and intimidation?,'" Rainsy said. "I told them we could be competitors and rivals without being enemies on the battlefield. Some have said I sold out. Some have said that this is the end of the SRP. But the other side, what they don't see is that in this 'calm' we have gotten closer to the people and there have been fewer killings. Normally, before an election we had someone killed every week."

Rights NGO Licadho has reported five killings related to the commune elections.

"Even though the number of people being killed is less than 2002, it impacts the process seriously - even one being killed sends a message to others," said Kek Galabru, president of Licadho. "If just one person is killed that means people are scared and the election is not free and fair."

For years accused of fanning nationalistic fervor aimed at the CPP's ties to Vietnam, Rainsy now calls such strategies "counterproductive."

"In the past, especially in the 1993 election, all the non-CPP parties were running as freedom fighters for independence; Funcinpec and Son Sann were against a Vietnamese allied group that had a strong friendship with Hanoi," he said. "People don't have the same mindset any more. It could divert from the real issues."

But Virak believes there is another reason for the absence of anti-Vietnamese dialogue.

"My bet is because of the crackdown on the critics a year ago," Virak said. "That's a main factor. Mentioning the Vietnamese issues is much riskier than talking about democracy."

Public Forum of CCHR moderated by Ou Virak

Free speech gains voice in Cambodia's villages

By Seth Mydans International Herald Tribune TUESDAY, JANUARY 24, 2006

PHNOM PENH This has been the scene, more than 100 times, in every district of the country: a little eruption of free speech at the edge of the rice fields, and the government doesn't like it. Leaving their crops and animals behind, 800 of Cambodia's poorest people gathered the other day in the shade of a blue tarpaulin in a village south of the capital and poured out a torrent of complaints and demands. The price of fuel, the poor education system, problems with health care, bribery at every turn - these grievances have found a new outlet in independent forums like this one that challenge the government's control of information. And the subject that dominated all others in the commune of Rokar Khnong was a passionate demand by the villagers for free speech and democratic rights. One man wept as he stood at the microphone; one shouted, one raised a cheer for democracy. One woman with the cropped white hair of the elderly recited a poem in which she promised to die so that her country could live. "I love democracy," declared a farmer. "I stopped work on my harvest so I could come here and speak at a democratic forum. We want to exercise our right to free speech." Even the organizers were taken aback by the turnout and the assertiveness of the villagers. A crackdown on free speech is under way in Cambodia and in recent months the government has arrested several human rights advocates. Among them was Kem Sokha, who founded these forums three years ago. They have had a growing impact through taped radio broadcasts, which can last for four hours or more, and independent radio stations are among the targets of the crackdown. This month, under international pressure, Prime Minister Hun Sen released Kem Sokha and three other activists on bail and he now says he will drop charges against them. But other activists and political figures remain in jail and the threat of arrest for libel hangs over those who speak out. The outrage in Rokar Khnong suggests that the government will not have it easy if it tries to crush the democratic ideas that were introduced by the United Nations in the early 1990s. The concepts of human rights and free expression appear to have taken root, and if Kem Sokha's forums are an indicator, the fields and villages of Cambodia are restless with discontent. "I have a question for the government," said an old woman wearing a checkered head cloth. "You talk about democracy, but how much right do the people of Cambodia have to speak out? If we speak out, will we be arrested like Kem Sokha?" Another woman seized the microphone. "I have lived through many wars and I only have two relatives left alive," she said. "I am old now and I want to see democracy before I die." Another followed. "I don't know how to speak," she said. "But I just want to send a message to Hun Sen: Stop sending people to jail for small crimes. You are abusing your power." Further, she said, nobody can believe anything the government says. Referring to the government's official spokesman, she used a local expression: "You ask him cow and he answers buffalo." Several speakers were angry enough to refer to the torments of the Khmer Rouge years, when 1.7 million people were executed or died of starvation, disease or overwork between 1975 and 1979. "In the Khmer Rouge time my father was served soup and they asked him if it tasted good," one man said. "'Tell the truth,' they said. And so he said it did not taste good, and they killed him. Now when we speak the truth are we going to be jailed? Is Cambodia going back to the Communists again?" Another man, a former schoolteacher, noted that Kem Sokha had been arrested simply for political slogans painted on a banner. "What about the Khmer Rouge who killed millions of Cambodians 27 years ago?" he said. "Why haven't they been put on trial?" After years of delay, preparations for a trial have begun, though any proceedings are still many months away. Human rights advocates say the impunity of the Khmer Rouge - for current political reasons - has contributed to a sense of injustice in Cambodia. As with other forums, local leaders were invited to join a panel in front of the speakers, and a deputy village chief and deputy district police chief were present at Rokar Khnong. Ou Virak, a member of Kem Sokha's organization, the Cambodian Center for Human Rights, was moderating in his absence, and he invited them to speak. "In a democratic forum, we want to hear opposing ideas, not just the people who support the forum," he said. Ou Virak said it was beginning to be more difficult to organize these forums because of new fears of retribution in the villages. As the day's meeting dispersed, he thanked the local officials for allowing it to be held.

Ou Virak's interview with ABC radio

An insight into Hun Sen's realpolitik
Speaking with Radio Australia's Asia Pacific, Virak Ou of the Cambodian Centre for Human Rights has explained the recent confusion surrounding the arrest and subsequent release of human rights activists and government critics. Yes, we have heard apparently contradictory statements from Cambodian Prime Minister Hun Sen, but they are not as confusing as I first thought. Indeed, they make perfect sense.

The tide can change according to whatever Hun Sen wants and he still wants to silence the activists. And keeping the charges is one of the best tools for him at the moment. Certainly the situation has not been improved a whole lot but I think we have to understand that court is under the control of the one man and most of the power is in control of one man. So we are still very very concerned, that our ability to work for the protection of human rights as well as for a just society. It's going to be difficult and we're going to face many obstacles...

What happened was that under much pressure from the international community as well as the Cambodian people themselves Hun Sen was feeling that he needed to make some statement, needed to release them, and drop the charges so that [way] he can please the Cambodian people and the international community and to make the situation seem quieter. But then he realised that he also needed to keep the activists silent and from working, from demanding and from spreading the people's democracy and I think the Centre for Human Rights particularly is very essential, especially before the 2007, 2008 elections...

In Cambodia, it's almost like a dance, it's going back and forth. Usually, the situation gets a little better before the meeting and then after the donors' meeting, it will go back to square one. My guess is that the situation is going to remain calm before the donors' meeting, before the CG meeting, but after that, that's when my concern is. The situation could get worse, and the ball is always in the Prime Minister's hands.

Lessons? Well, one is that Cambodian politics today is as complex as it has ever been. (I have spent some time studying Indonesian politics - perhaps it's time I dug out a couple of decent texts on Cambodia politics.) A second is that international pressure, seemingly successful at first, can be readily accommodated by Phnom Penh where necessary; longer term, it's value is dubious. A third is that human rights activists in Cambodia at this time, like activists elsewhere, are a rare and courageous breed.

Cambodian leader said to drop charges

By Claudia Blume
Hong Kong
24 January 2006

Cambodian Prime Minister Hun Sen speaks to reporters after casting his vote in the Senate election at a polling station in Khet Kandal

Cambodia's Prime Minister, Hun Sen, has ordered the courts to drop defamation charges against several prominent critics. Human rights activists hope the move will lead to better dialogue with the government.

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Hun Sen's surprise decision on Tuesday came one day after the four activists wrote letters of apology to the prime minister.

Human rights activists Kem Sokha and Pa Nguon Teang, union leader Rong Chhun and journalist Mam Sonando had been detained after criticizing a controversial border pact with Vietnam, Cambodia's historical enemy.

Several other critics of the government have fled the country to avoid arrest.

Cambodian and international rights groups, as well as several foreign governments, criticized the Cambodian government over the lawsuits, saying they were evidence of a clampdown on dissent.

The U.S. Assistant Secretary of State, Christopher Hill, on a visit to Cambodia last week, urged the government to withdraw the charges. The four activists were then released on bail, but the prime minister said they would still face trial.

A fifth activist, Yeng Virak, director of the Community Legal Education Center was also released on bail last week but it was not clear whether charges against him had been dropped.

Cambodian human rights groups say they are not sure what caused Tuesday's change of heart. Ou Virak, spokesperson of the Cambodian Center for Human Rights, says he welcomes the move. But he remains cautious.

"It appears to be a positive sign. But you know, in this country, things can turn around and change quickly," said Ou. "We hope it will lead to cooperation between civil society and the government, and we are hoping that this is a positive sign that will lead to a better democratic Cambodia."

Hun Sen said Tuesday he also would ask the courts to drop charges against those critics who have fled abroad, if they too apologize to him.

But a defamation conviction against opposition leader Sam Rainsy, who fled to France, will not be reviewed. Sam Rainsy received an 18-month jail term in absentia for accusing Hun Sen of trying to kill him in a 1997 grenade attack.

Cambodian call for Jailed Activists Freedom

Last Updated 11/01/2006, 17:48:17

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Tens of thousands of people in Cambodia have endorsed a petition in a show of support for democracy.

The Cambodian Center for Human Rights says more than 40,000 villagers in six provinces have put down their thumb-prints in support of jailed activists, and calling on King Norodom Sihamoni to intervene.

A spokesman for the Center, Ou Virak, says the petition will be handed to the king.

"We want the king to know about the people's hunger for rights and democracy to be respected, about the people's desire for the human rights activists to be freed," he said.

Political crackdown

The petition drive follows the arrests of the Center's director, Kem Sokha, and his deputy amid a wider crackdown on government critics.

Both have been charged with defaming the government.

Since October nearly a dozen people, including opposition leader Sam Rainsy, have also been charged with defamation, a criminal offence in Cambodia.

The crackdown has been internationally condemned.

Australia urged to speak out

The Australian government is being urged to help preserve an increasingly fragile democracy in Cambodia.

The foreign affairs spokesman of Australia's main opposition Labor party, Kevin Rudd says Cambodian Prime Minister Hun Sen is widening a crackdown on opposition figures who have been critical of his government.

The United States, the United Nations and the World Bank have all voiced concerns about the deteriorating situation in the country.

However, Mr Rudd says Australia has been silent.

"The Australian government should be joining in the chorus of international protests about these actions by the government of Mr Hun Sen in Cambodia," he said.

"Australia under former foreign minister, Gareth Evans, fought hard to bring to birth the Cambodian democracy in the first place through the Cambodian peace process."

Ou Virak quoted in Thai Newspaper Regarding Free Press

Court acquits Supinya, ‘Thai Post’ By Ismail Wolff 16 March 2006 12:56

	Media activist Supinya Klangnarong, right, is congratulated by her mother after being acquitted by Bangkok Criminal Court yesterday.

Bangkok Criminal Court yesterday dismissed a defamation suit brought against Supinya Klangnarong and the Thai Post by Shin Corp, the telecoms giant founded by caretaker Prime Minister Thaksin Shinawatra.

Shin Corp brought legal proceedings against Supinya and four Thai Post journalists for an article published in 2003 which quoted her as saying Shin Corp’s profits had soared because of favorable government policies.

In a case that is widely seen as a key test of freedom of expression in Thailand, the court ruled that Supinya’s comments had been made without malice, and dismissed all the charges against her and the Thai Post journalists.

“The first defendant [Supinya] made her comments with good faith and honesty, and did not intend to defame the plaintiff – or to tarnish its reputation, create hatred or insult the plaintiff, but rather, out of public interest. Therefore, the first defendant is not guilty,” the court said.

The judge added that the Thai Post journalists had simply reported Supinya’s comments and were therefore also acquitted.

The court said that Shin Corp, whose business interests lie in telecommunications and broadcasting frequencies, considered a national resource under the Constitution, should be open to criticism.

As the judge read out the verdict, which brings closure to the case that Shin Corp filed more than two years ago, dozens of Supinya’s supporters cheered.

“I am very happy,” said Supinya. “This is a great verdict, not just for me but for press freedom in Thailand.

“I have always pointed out that the government had a conflict of interests, and the court has proven that to be true today.”

Supinya and the Thai Post had refused an offer by Shin Court to settle out of court last month. Roby Alampay, executive director of the South East Asian Press Alliance, said yesterday’s court decision vindicated that decision.

“We have all tried to encourage Supinya not to compromise, and it was important today for the court itself to assert its independence and lay down important principles,” Alampay said.

Supinya said she had not decided whether to countersue Shin Corp.

“My feeling is that I would not want to go through legal proceedings again, but I haven’t decided yet. I have to wait and discuss my options to make sure I make the best decision.”

Shin Corp’s lead lawyer, Somporn Pongsuwan, left the courtroom after making another failed attempt to settle out of court with the defendants before the judge read out the court’s verdict, and was unavailable for comment.

Free press advocates said the acquittals showed that the judiciary remained neutral – despite persistent attempts by the Thaksin administration to undermine its independence.

However, media advocates said the battle for press freedom in Thailand is not over, and warned that the ruling may not deter politicians from taking out defamation suits against their critics.

Other observers said the verdict would put further pressure on the embattled caretaker prime minister, who is fighting to save his political career after weeks of street demonstrations calling for his resignation.

“This is another blow to Thaksin,” said Senator Nirun Phitakwatchara, who posted bail for Supinya in 2004, in reference to accusations of corruption being made against the former telecoms tycoon that were sparked by the sale by his family of their Shin Corp shares to Singapore’s Temasek Holdings.

Free press advocates from around the world said the yesterday’s verdict would give hope to others in the region.

“We tend to look westward to Thailand as a role model, and today’s verdict has sent a clear message to Cambodia and others in the region that courts can speak out independently [of governments] and defend the important right of freedom of expression,” Ou Virak, general-secretary of the Cambodia-based Alliance for Freedom of Expression, said outside the court yesterday.

AFEC to march from Phnom Penh to Angkor Wat from February 28th, 2007

1. Project Title: March for Freedom of Expression, Political Tolerance and Non-violence from Phnom Penh to Angkor Wat

2. Background

The Alliance for Freedom of Expression in Cambodia (AFEC) is a network of 28 Cambodian human rights organizations, independent labor unions and other institutions that engage in all kind of lawful activities for the realization of the human right to Freedom of Expression (FoE). The AFEC was founded on November 28, 2005, after the Cambodian government had started a series of criminal defamation lawsuits against leading human and civil rights activists of the country. The AFEC made a significant contribution to the efforts that lead to the release of all arrested activists in January 2006: The network distributed up to 100.000 Yellow Ribbons as a symbol for the need and the support for FoE in Cambodia and collected more than 125,000 thumbprints to a petition that was handed over to the King of Cambodia. In February 2006, thousands of Cambodians participated in a peaceful March for FoE fom Wat Phnom to Phnom Oudong organized by the AFEC. Throughout 2006, the AFEC demanded the decriminalization of defamation and the distribution of untrue news (“disinformation”) in the Cambodian legislation. During the same period, the AFEC organized public events in favor of local human rights defenders that were accused and arrested arbitrarily for having made use of their FoE. Most of these activities, particularly the suppressed attempt to fly “Kites for Freedom of Expression” in front of the National Assembly, got a high media attention. On the annual General Meeting of the AFEC members on December 20, 2006, which was funded by the German Development Service (DED), it was decided that the network will organize another “March for FoE and Non-Violence” in the first quarter of 2006.

As a network, the AFEC is not (or not yet) registered, but all its member organizations are. At the annual general meeting of the AFEC, the Cambodian Center for Human Rights (CCHR) was elected Chairman of the AFEC Steering Committee until December 2007. The Director of CCHR's advocacy program was appointed General Secretary of the network. Since then, the office of CCHR is hosting the AFEC Secretariat.

3. Idea, objectives and expected outcomes of the March

The March for FoE and Non-violence in Cambodia shall lead from Wat Phnom in Phnom Penh to Angkor Wat (about 330 km) and take place from February 28^th to March 15^th, 2007. Therefore, it will end just one day before the countrywide start of the Commune Election Campaigns that very likely will be accompanied by a higher occurrence of political violence and intimidation. Along the way, AFEC member organizations will organize public events on issues of FoE, non-violence and political tolerance.

The objectives of the March are as follows:

· To promote political tolerance, non-violence and the right to FoE in the run-up to the Commune Elections.

· To involve many Cambodians as marchers, spectators or as participants in events organized along the itinerary.

· To provide many AFEC member organizations with opportunities to give the Cambodian public messages on their specific need support for FoE.

The expected outcomes of the March are the following:

· A core group of 600 people will have participated in the March; thousands of people will have accompanied the marchers for a shorter distance; ten thousands of Cambodian will have cheered for the marchers along the way and/or participated in the events organized by the AFEC members; many hundred thousands of Cambodians will have received reports from the March from radio and newspapers.

· The awareness for the right to FoE, non-violence and political tolerance amongst Cambodian citizens will have been raised significantly.

· A strong message for non-violence during the upcoming election campaign for the Commune Councils will have been given.

4. Activities in detail

The participants for the March will be recruited by the member organizations of the AFEC which include youth and students organizations, labor unions and other institutions with a bigger number of members, volunteers etc.

The start of the March at Wat Phnom and its end at Angkor Wat shall be celebrated in public events organized by the AFEC to which all 600 core participants, the media, representatives of the civil society and the international community shall be invited. Buddhist prayers for peace and speeches shall be part of the celebrations. The distance between Phnom Penh and Siem Reap will be divided into three sections of a little bit more than 100 km each. The first section ends at Tangkaor in Kampong Thom Province and the second at Stoong in the same province. The core group will be divided into three groups 200 participants. Each group shall march in one section only. For each section, five days for the marching are scheduled so that the participants have to march only 20 km a day and have enough time for recreation and participation in the public events set up by the AFEC members. The itinerary mainly follows the national roads from Phnom Penh to Siem Reap for ensuring visibility of the activity and supportive participation of large numbers of people. The participants of the three groups shall be transported to and from the start/end point of their section by tourist bus, organized in the cheapest way. For the budgeting, it was presumed that all buses start or end in Phnom Penh, but if there are at least 50 participants from another bigger province (Siem Reap, Battambang, Kampong Cham, Kampong Chhnang) one of the buses can start/end at the capital of that province.

A truck (2,5 tons) will be hired for transporting food and bags with personal belongings of the participants from station to station. A small bus and a nurse will be hired for participants that face problems in marching and need medical treatment.

During the March, different member organizations take the lead role for one day by organizing an event on which the present their perspective on the need and support for FoE in Cambodia. The labor unions, for example, will bring up other topics than the child rights organizations or the NGOs that monitor elections or the ones that combat corruption. Each of these events will be announced by press release and aired by CCHR’s radio program “Voice of Democracy” (VOD).

Radio will play a key role in drumming up support for the March, particularly for raising funds. Radio Station Beehive 105 which is a member of the AFEC will continuously ask its Cambodian listeners to contribute in cash or in kind. Buddhist monks that will participate in the organization and implementation of the March will also contribute significantly to this method of fundraising.

The member organizations of the AFEC are responsible for recruiting 600 participants for the core group. As the host of the AFEC Secretariat, CCHR will be the main responsible for the organization of the March, particularly the media work. But other members already agreed to contribute to the logistics (information of local authorities along the way, human rights monitoring, parts of the medical medical service).

The visibility of the March shall be reinforced big foam models of the yellow “f” for FoE and yellow caps for the participants. AFEC will hire oxcarts that will accompany the marchers and display banners. At the same time the oxcarts have the function to slow down the traffic. They also will carry water and other supplies.

The conflict that will arise when the authorities probably will not allow the final celebration to be hold at Angkor Wat is a part of the project. The AFEC will insist to get access to that area but avoid a violent confrontation with the police.

The costs for the March shall be kept relatively low because a considerable part of food and water for the participants will be offered by the population along the road. Pagodas will be asked to offer free accommodation.

5. Project Supervision and Implementation

The implementation of the project is supervised by CCHR's Director for Advocacy, Ou Virak, the direct counterpart of the DED expert advisor who closely accompanied the foundation and the activities of the AFEC. For assisting in the organization of the march, one person shall be hired for six weeks on a contractual basis. This project assistant will be also responsible for the coordination with the AFEC members and the media work. Therefore, a person with journalistic skills will be selected for this job.

Military Police stops AFEC from flying Freedom of Expression Kites

Armed might helps demonstrators make their point

By Cat Barton

Aprotest against the government's constraints on freedom of expression never got off the ground on November 27 as 100 heavily armed riot police obligingly helped demonstrators outside the National Assembly make their point by confiscating their plastic kites bearing the words "Freedom of Expression.".

"Without wind a kite cannot fly," said Kek Galabru, president of Licadho, a human rights NGO. "Without freedom of expression you cannot have development or democracy."

The symbolism was lost on municipal officials charged with preventing the demonstration, who offered a litany of excuses for seizing the kites before they had even been launched, said Ou Virak, spokesman for the Cambodian Center for Human Rights (CCHR).

"It is laughable," he said. "They had no legal reason to forbid us from flying kites, so they used any excuse."

Initially claiming the kites posed a risk to overhead air traffic and a terrorism threat to the nearby National Assembly building, officials at the scene had police confiscate the kites from the 150 demonstrators who had gathered in the park opposite the National Assembly, Virak said.

The event, to raise awareness of the need for a law guaranteeing people's right to peaceful protest and to highlight the importance of amending the recent law limiting parliamentarians' freedom of speech, was redefined as a terrorism threat by local officials, Galabru said.

"They were afraid of us using the kites to drop grenades on the National Assembly," she said.

Pa Socheatevong, deputy governor of Phnom Penh, said on November 28 that it was the failure of the organizers to correctly apply for permission from the Phnom Penh Municipality that obliged authorities to prevent the demonstration.

"Civil society just sent a notice of the event to City Hall, which is not enough," he said. "It seems [the event organizers] look down on the authorities. They have to write a letter asking for permission."

But organizers say such a request for permission was unnecessary.

"We didn't ask permission but we informed them that we were coming," Galabru said. "It is a park you know. People come to sit, picnic, everything. Flying a kite there would not affect public order or disrupt traffic."

Virak said a letter sent by the event organizers to City Hall on November 21 outlining the kite-flying plans received no response.

"According to the law you are only required to give three days notice," he said. "If the authorities don't respond then [you can] consider permission to be granted."

But Socheatevong said City Hall did not receive the letter until November 24 - a Friday - and by then it was too late for City Hall to grant permission for the demonstration on Monday 27.

"They did not give enough time to give them permission," he said. "That is why we cannot allow them to fly the kites - and NGOs have to understand and respect the law."

Sam Rainsy Party parliamentarian Mu Sochua said freedom of assembly and expression are fundamental, constitutionally guaranteed, rights in Cambodia and in preventing the demonstration, the government has violated these basic principles.

"You can find three hundred thousand ways to complicate the situation if you want to," she said. "But freedom of assembly and freedom of expression are constitutional rights that should be upheld, full stop."

The November 27 crackdown is part of a broader, systematic campaign on the part of the government to crack down on Cambodia's growing democratic movement, she said.

"This is a policy now of the Royal Government of Cambodia - local authorities receive clear orders to crack down on the rights of the people, the liberty of citizens," she said. "This cannot be accepted."

Both CCHR's Virak and Licadho's Galabru said that organizing events has become noticeably more difficult since the anti-Thai riots in 2002.

"Since then hardly any public protests have been approved," Virak said. "The municipality always has an excuse not to give permission."

Galabru said the 2002 riots were simply an expedient excuse to restrict citizens' freedoms.

"They were waiting for some good reason, an excuse," she said. "They found a good excuse in the anti Thai riots; since then, if workers want to demonstrate to claim their rights they don't allow it."

Sochua said such draconian attempts at social control are the hallmark of a government flailing to maintain power.

"This is a sign that the government is worried," she said. "Crackdowns in any country if done in this way are a sign of weakness, a sign of fear that the movement for democracy has gone all the way down to grass roots."

The movement for democracy within Cambodia is expanding rapidly at grassroots level, and with it comes discontent with the current system of governance, she said.

"The people are no longer willing to accept oppression as a way of life," Sochua said. "At village level people are standing up, they are marching to the offices of the commune, to the offices of the local governor, to assert their rights."

This is a new challenge for the government and they are not sure how to respond, but their current policy of repression will prove counterproductive, she said.

"Authorities are not confident about how to deal with the democracy movement and the easiest way is for them is to crack down," she said. "Such crackdowns have a negative impact, not on democracy, but on the kind of governance they want to impose on the people.

"The more they crack down on the democracy movement the stronger it will become."

Hun Sen 'Just a Victim' in Cambodia Crackdown

Hun Sen 'Just a Victim' in Cambodia Crackdown

2006.01.11

Police move into position for crowd control of supporters of Kem Sokha, the director of the Cambodian Center for Human Rights who was arrested at his office in Phnom Penh, Dec. 31, 2005. Photo: AFP

PHNOM PENH—Cambodian Prime Minister Hun Sen has defended a widening government crackdown on human rights activists, saying those arrested and charged with defaming him were being dealt with under the rule of law and that he himself was “just a victim.”

“I am just a victim, so let the court prosecute their cases, and it is up to the judges to make decisions,” the official Chinese news agency quoted Hun Sen as saying.

“The human rights workers had gone beyond the limit of their rights. For myself, personally, that is OK, but they even attacked the regime as a whole,” he said. “When they accuse this regime of being a dictatorial regime and want to topple this regime, what does that mean?”

“We only acted in accordance with the rule of law and of the courts. The government did not use force to arrest anyone and the issues of detention or charges or punishment are all up to the court to decide,” he said.

One man released on bail

Pa Nguon Tieng, deputy director of the Cambodian Center for Human Rights (CCHR), whose members are frequent and outspoken critics of the government, was detained last week and charged with criminal defamation against Hun Sen following questioning at the Phnom Penh Municipal Court.

CCHR director Kem Sokha was arrested in his office a few days earlier, and Yeng Vireak, head of the Legal Education Center, was arrested the previous week. Both men have also been charged with defaming Hun Sen. Yeng Vireak has subsequently been released on bail.

"I don't think I should have been arrested at all, because I cooperated with the government all along before my arrest. Neither did I have any connection to the banner," Yeng Vireak told RFA's Khmer service on his release.

The charges stem from a banner unfurled at an International Human Rights Day rally in December which accused Hun Sen of being a communist and a traitor who gave Cambodian land to neighboring Vietnam.

Kem Sokha has denied any connection to the banner, saying it was likely to have been planted by the government in the first place.

Yeng Vireak said he shared a crowded room with 15 other inmates at the prison where he and the others were held. Also there was independent broadcaster Mam Sonando. He said he was able to talk to Sonando and the others twice a day during exercise breaks.

The prison guards treated them well, although lack of cooling equipment and tropical heat made life uncomfortable, and inmates had no beds, sleeping on concrete floors. Kem Sokha's wife said his health was good, but that he was concerned about catching tuberculosis from other inmates.

Oct. 10, 2005: Cambodian Prime Minister Hun Sen. Photo: AFP/Hoang Dinh Nam

Legal advice saved U.S. citizen

Ou Virak, a Cambodian-American activist who was present when Pa Nguon Tieng was arrested, said he had apparently escaped arrest following a call to the U.S. Embassy in Phnom Penh.

“I told the embassy I don’t know what I did wrong,” Ou Virak told RFA’s Khmer service. “And I asked the police for documents related to my arrest. The police ordered that I give my telephone to them, but I refused.”

“And the embassy also advised me not to give them the telephone unless they had a search warrant, which he did not have. I don’t know about the others. For myself, I called the U.S. Embassy and asked it for help,” he said.

Rights group says arrests politically motivated

Police confirmed the arrest, but did not say why he was being held.

Official government spokesman Khieu Kanarith has denied that politics has played any role in the arrests, instead claiming they are the product of a judicial system that is following the rule of law.

But Brad Adams, Asia director for the New York-based Human Rights Watch, dismissed the government’s claims in an interview with RFA’s Khmer service.

“If the law was going to be applied objectively, Hun Sen himself would already have been charged on many occasions,” Adams said. “He has made many statements over the years inciting people to violence. He has threatened foreign embassies, has threatened foreign governments, he has threatened opposition members.”

“So this is not a question of the law just being used neutrally. This is a question of the law being used as a tool against political opponents,” he said.

The U.S. government and the United Nations High Commissioner for Human Rights Louise Arbour have condemned the arrests.

Outspoken critic of regime

The U.S. State Department said the cumulative effect of the arrests was “to call into question the Cambodian government’s commitment to democracy and human rights.”

Arbour said the arrests formed a disturbing trend that threatened to undo progress made “over the last decade to build an open and just society based on the rule of law.”

“Hun Sen appears to be following the Burmese model by imprisoning peaceful critics of his increasingly authoritarian government,” Adams said in a statement carried on the group’s Web site.

“The arrest of human rights activists, as well as recent show trials of opposition politicians, is a throwback to the days when Hun Sen ran a one-party state,” Adams said.

According to Human Rights Watch, Hun Sen has long sought to silence Kem Sokha, one of Cambodia's most outspoken human rights activists. He has threatened to arrest him on numerous other occasions because of his criticism of the government.

Sokha was a member of the National Assembly (1993-98), where he chaired the Human Rights Commission, and later of the Senate (1999-2002).

In 2002, Sokha founded CCHR and started a popular radio program, “Voice of Democracy,” which provides a platform for Cambodians to criticize the government publicly.

According to international observers at the scene, CCHR’s office was surrounded and raided by around 50 uniformed and plainclothes police officers at 10:30 a.m. on Dec. 31.

On orders from Mok Chito, deputy chief of the Ministry of Interior Criminal Department, they presented a search warrant and summons to Sokha.

A representative of the U.S. Embassy and several local and international human rights groups, including Human Rights Watch, were present during the arrest.

CCHR’s “Voice of Democracy” was taken off the air for several hours. Beehive Radio was prevented from providing live coverage of the arrests.

Original reporting in Khmer by Jivita. RFA Khmer service director: Kem Sos. Written for the Web in English by Luisetta Mudie and Susan Lavery. Edited by Sarah Jackson-Han.

Another rights activist arrested in Cambodia, two more briefly detained

Agence France Presse

Another rights activist arrested in Cambodia, two more briefly detained

Wednesday, January 4, 2006

Phnom Penh -- Cambodian authorities Wednesday arrested another human rights leader while two more were briefly detained as a widely-condemned sweep of government critics continues.

Pa Nguon Teang, acting director of the Cambodian Center for Human Rights, was seized at midday near the border with Laos, said Danilo Caspe, the director of the center's investigation division.

It is unknown why he was detained, Caspe said, but his arrest comes five days after the center's director Kem Sokha was seized in the capital Phnom Penh on defamation charges.

The arrest is the latest in nearly a dozen connected to criminal defamation cases brought by either the government or political party leaders. Critics say the campaign is an attempt to silence critics of Prime Minister Hun Sen's administration.

Rights activist Ou Virak said he was also detained while he was with Pa Nguon Teang in northeastern Cambodia.

"Myself and another activist were briefly detained but now we're released," said Ou Virak, who heads the Alliance for Freedom of Expression in Cambodia, another vocal critic of the defamation arrests.

On Wednesday the Hong Kong-based Asian Human Rights Commission (AHRC) urged UN Secretary-General Kofi Annan to mobilise the international community against rights abuses in Cambodia.

"This is not an issue of one or two arrests. What is happening in Cambodia is very serious.... The UN must be a catalyst to get the international community more involved," said AHRC executive director Basil Fernando.

"It would be morally wrong for the secretary general of the UN to keep silent."

The defamation cases have drawn condemnation from rights groups and international donors alike.

The United States Tuesday voiced "strong" objections to the actions by Hun Sen's administration. Both Human Rights Watch and the International Republican Institute, a US-based think tank, likened Cambodia to Myanmar, where the military-ruled government routinely crushes dissent.

"Asian counties have increasingly shown themselves to be concerned with the situation in Burma; now is a time when they should be concerned with the deteriorating situation in Cambodia," said IRI president Lorne Craner in a statement Wednesday, referring to Myanmar by its old name.

"The international community must make it clear to Hun Sen that this action and such human rights abuses cannot continue."

Officials deny the courts have been pressured into ordering that government critics be arrested.

Opposition leader Sam Rainsy, who is in exile in France, was sentenced in absentia last month to 18 months in prison for defaming Hun Sen and National Assembly president Prince Norodom Ranariddh.

International concern has also focused on the defamation convictions of journalist Mam Sonando and union leader Rong Chhun, both arrested for criticising a controversial border agreement with Vietnam.

Seven people, including a cousin of King Norodom Sihamoni, have recently been arrested or charged with defamation over the agreement, which critics say cedes too much territory to Vietnam.

FIDH on arrest of Pa Ngoun Teang and Detention of Ou Virak

www.fidh.org [english] > Asia > Cambodia 10/01/2006 Arbitrary detention / Judicial proceedings - KHM 001 / 0106 / OBS 001.1 The observatory has been informed of the arrest of Mr. Pa Nguon Teang, Deputy Director of the Cambodian Centre for Human Rights (CCHR), and Producer of the CCHR Voice of Democracy radio programme. The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Cambodia. New information: According to the information received, on January 3, 2006, Mr. Pa Nguon Teang and Mr. Ou Virak, CCHR public relation officer, went to the villages of the north-eastern province of Stung Treng to meet some local people and discuss about human rights. On January 4, 2006, Mr. Pa Nguon Teang and Mr.Ou Virak, along with another friend (whose name is not available), decided to go to the Cambodian-Laotian border as some of the villages they visited were near the border. As they approached the border checkpoint to see around, they were held by the border police, which then arrested Mr. Pa Nguon Teang. The latter said that the police had his name on a list for arrest ordered by their national police officers. The police brought back Mr. Pa Nguon Teang to Phnom Penh, and went directly to the Ministry of Interior, where Mr. Pa Nguon Teang was detained during the night. On January 4, 2006, government spokesman Mr. Khieu Kanharith stated that Mr. Pa Nguon Teang had been detained for interrogation regarding his role in the International Human Rights Day celebration on December 10, 2005 but had not been charged. On the same day, Mr. Muth Mao, head of the police in Stung Treng, confirmed that the CCHR Deputy Director had been arrested at the border checkpoint under orders from the Ministry of Interior but gave no further details. On January 5, 2006, Mr. Pa Nguon Teang was brought to the Phnom Penh Municipal Court and the Investigating Judge questioned him for about two hours about the banner used by CCHR during the December 10 International Human Rights Day celebration. On the same day, he was charged with criminal defamation and brought to Prey Sar prison near Phnom Penh, where Mr. Kem Sokha, CCHR President, and Mr. Yeng Virak, Director of the Community Legal Education Center (CLEC) and a member of the organising committee of the celebration, are also detained. Both were charged with defamation on December 31, 2005, in connection with banners displayed at the International Human Rights Day event (see background information). Background information: On December 10, 2005, a group of 63 NGOs, including CCHR and CLEC, organised a celebration of the 57th international human rights day with a gathering including booth displays, where participating NGOs displayed their activities and products. Thousands of people participated in the event, which was guarded by police officers and closely monitored by plain-clothes police officers. One of the booths was occupied by CCHR. It was decorated with old banners, which were used in 2003 and had slogans printed in Khmer script: “My vote is my life” and “I don’t vote for any party that sows fear to the people”. The banners also had handwritings on them written by the people who participated in CCHR public activities in 2003, some of which allegedly criticised the policies of Cambodian Prime Minister Mr. Hun Sen. At around 11:00 a.m., CCHR staff members manning the booth were informed by the steering committee that the police authorities had complained about the banners displayed at the stall. Upon receiving this information, CCHR staff members decided to remove the banners. After the arrest of Mr. Kem Sokha, Mr. Pa Nguon Teang took over the management of CCHR as the acting president. On January 4, 2006, the High Commissioner for Human Rights expressed deep regret over the arrests of Mr. Kem Sokkha et Mr. Yeng Virak. Actions requested: Please write to the authorities of Cambodia urging them to: i. Guarantee in all circumstances the physical and psychological integrity of Mr. Pa Nguon Teang, Mr. Kem Sokha and Mr. Yeng Virak; ii. Release immediately Mr. Pa Nguon Teang, Mr. Kem Sokha and Mr. Yeng Virak, and ensure that all charges against them be dropped, as they are arbitrary; iii. Put an end to all acts of harassment against Mr. Pa Nguon Teang, Mr. Kem Sokha and Mr. Yeng Virak, as well as all other human rights defenders in Cambodia; iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, article 6(b), which states that “everyone has the right, individually and in association with others (...) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”, and its article 8(2), which provides that “everyone has the right, individually and in association with others, to submit to governmental bodies and agencies and organisations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realisation of human rights and fundamental freedoms”; v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Cambodia. Addresses: Mr. Hun Sen, Prime Minister, Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax: +855 23 36 06 66 / 855 23 88 06 24 (c/o Council of Ministers), Email: leewood_phu@nida.gov.kh Mr. Sok n, Deputy Prime Minister, Fax: + 855 23 88 06 24, Email: leewood_phu@nida.gov.kh Mr. Sar Kheng, Deputy Prime Minister and Co-Minister of Interior, Ministry of Interior, 275 Norodom Blvd, Phnom Penh, Kingdom of Cambodia, Fax: + 855 23 21 27 08 Mr. Hor Nam Hong, Minister of Foreign Affairs, 161 Preah Sisowath Quay, cnr rue 204, Phnom Penh Kingdom of Cambodia, Fax: + 855 23 21 61 44 / + 855 23 21 61 42 Mr. Om Yentieng, President of the Cambodian Human Rights Committee, Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax: +855 12 81 37 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/o Council of Ministers) Ambassador Mr. Vun Chheang, Permanent Mission of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, Case postale 213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 788 77 74 Please also write to the diplomatic representations of Cambodia in your respective countries. *** Geneva-Paris, January 10, 2006 Kindly inform us of any action undertaken quoting the code of this appeal in your reply. The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic. To contact the Observatory, call the emergency line: Email : Appeals@fidh.omct.org Tel et fax FIDH : + 33 1 43 55 20 11 / 33 1 43 55 18 80 Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

Cambodia Land Grabbings

Cambodia Evictions

Broadcast: 10/10/2006

Reporter: Eric Campbell

Transcript

CAMPBELL: Hello and welcome to Foreign Correspondent. I’m Eric Campbell in Phnom Penh. In 1975, the genocidal Khmer Rouge regime emptied this city to create a new peasant society. Thirty one years on, thousands of people are again being ordered to leave the city, but this time it’s not for a Marxist Revolution, it’s for the greed of Cambodia’s rich and powerful – seizing the land of their poorest people.

It’s a home invasion as you’ve never seen before. These residents are fighting to protect their properties from their own government. Officials sold their land behind their backs to a rich developer. Now they’re fencing it off in preparation to throw them out.

WOMAN IN CROWD: Someone must have ordered this!

OU VIRAK: The district police chief ordered them to fence the area and this is actually… the main complaint is that the people in there will be blocked off from any access to the road, or access to information for outsiders to monitor.

CAMPBELL: Ou Virak is a Cambodian activist trying to help people fight illegal evictions.

OU VIRAK: [Cambodian Centre for Human Rights] I was told by most of the villagers here, that they were forced to an agreement that they don’t agree, and they say if they don’t agree they will be forced out or they will be thrown in gaol or anything like that nature.

CAMPBELL: All over the country people are finding that land they thought they owned has been sold to someone else. Hundreds of thousands are now in jeopardy of losing their homes and livelihoods and western governments that have invested billions in stabilising Cambodia are getting nervous.

JOSEPH MUSSOMELI: [US Ambassador, Cambodia] Property is really the key to prosperity and to freedom. Once people are not secure in what they own, then everything else falls apart.

CAMPBELL: On a scale of one to ten, how serious is this problem in Cambodia, for the future of Cambodia?

JOSEPH MUSSOMELI: I guess I would give it about a nine.

CAMPBELL: The land dispute is a direct result of the chaos caused by the Khmer Rouge. Thirty years ago, they abolished land title forcing people to work on rural communes. A quarter of the population died from execution, starvation and civil war. In 1992, the new government passed a law to give survivors secure land title. Anyone who occupied land legally for five years was suppose to become its owner. But as land values rise, the government’s ignoring its own law.

EM SINNA: Now they are forcing us to go again. This is a war about land. It makes it hard for people to find a place to live - just like in Pol Pot’s time when there were no proper houses and no way to make a living.

CAMPBELL: Em Sinna and her family have been ordered to leave the home they built in Phnom Penh ten years ago.

EM SINNA: [Showing Maher through house] This is where my children study… and this is my bedroom.

CAMPBELL: They bought the land in an urban slum and with the prosaic name of Group 78, for a thousand US dollars. Her husband, Meas Nath, has documents to prove they’ve stayed here long enough to qualify for land title.

CAMPBELL: Carnet of residence, registered with the police, stamped by the city government proving you lived here.

But the government has simply seized the area for itself. It’s offered families barren land outside town and a token six hundred dollars in compensation, even though the land right next door just sold for sixty times that much.

CHILD: [English lesson] Please come in. Would you like a cup of coffee?

CAMPBELL: The very future of these families is at stake. This area has a nearby school, hospital and market and access to services like private English lessons. The Nath family runs a grocery store from their porch and with wages from Meas Nath’s office job, they can make enough money to get by and plan for the future.

EM SINNA: Living here isn’t easy, but it’s not that hard either, because it’s close to the city and we can make a living.

CAMPBELL: The Nath family’s house doesn’t look like much but they’ve got running water, electricity, proper shelter for their family – it’s their home and the plot of land it sits on is their only real asset. Now if they lose it, the place they’ll be sent to, makes the hardship of this village look like paradise.

This is where they’re supposed to come to join thousands of other evicted families - an open field without water or power – 25 kilometres from the city. When it’s dry it’s a dustbowl, when it rains it turns into a swamp.

Evicted families are given twelve by five metre plots of land to make up for the homes they lost but it’s too far from the city for anyone to make a living or for the children to go to school. The authorities haven’t even provided tents. Families have had to buy sheets of plastic for shelter. Disease is rampant.

EVICTED CAMBODIAN MAN: [Standing in pouring rain] You see, there’s nothing to eat. They threw us here. I’m over 50. It’s heartbreaking – they’ve left us here for more than three months. I’m so hurt and suffering.

CAMPBELL: They are scenes Ou Virak never expected to see in the new, democratic Cambodia. His father was executed by the Khmer Rouge before he was born and he grew up in a refugee camp in Thailand with his four brothers. In the 1980s, his family was given asylum in the US.

OU VIRAK: I got my Master degree in Economics and I came back about two and a half years ago wanting to work as a lecturer and I joined the movement as a human activist about a year and a half ago because I felt that there’s gross violations of human rights in this country and there must be someone who can do something about it.

CAMPBELL: Virak is now trying to teach Cambodians, like these residents of Group 78, how to fight the illegal evictions.

OU VIRAK: [To residents] In this booklet there are some laws – and it also explains your rights.

CAMPBELL: But in a system where judge’s verdicts are often for sale, money is proving far stronger than law.

JOSEPH MUSSOMELI: The prices of land I think have increased by sevenfold over the last five or six years and that’s an enormous increase. So the temptations are enormous and that means the injustices also potentially can be very enormous.

CAMPBELL: It’s unclear who’s making money out of all this because the government sells the land in secret. But critics believe corrupt officials are making millions, selling land at a massive profit and paying peanuts in compensation.

When people moved here in the 1980s, it was just worthless marshland, but as the city has grown, it’s become some of the most sought after real estate in the capital. And the villages behind there have already been cleared out for commercial development and the city governor wants to build a road through Group 78 and between the village and the site of the new national parliament, is the site for the new Australian Embassy, cheek by jowl for now with one of Phnom Penh’s poorest slums.

The embassy bought the land from a powerful Australian-Cambodian businessman who’s also an advisor to the Prime Minister. A former refugee in Australia, thirty six year old Kith Meng now owns a pro-government TV station, the main mobile phone company, a betting agency and a half share in ANZ’s Cambodian banking interest.

While there’s no suggestion illegal evictions happened on the embassy site, residents have been forcibly evicted from other land that Kith Meng has acquired. It’s common for city police to act as muscle for property developers.

OU VIRAK: [To lady in house] I just want to see what’s at the back.

CAMBODIAN LADY: They already kicked people out. The land is empty. [Showing Virak through a window]

OU VIRAK: And what did they put there?

CAMBODIAN LADY: The police are guarding it.

CAMPBELL: On the other side of Group 78 from the Australian Embassy site, uniformed police were working as security guards for the new owners of yet more land ready for development.

OU VIRAK: All of them were forced to sell their property. Really they had no choice. As you can see this is actually a huge island that’s empty now and it’s all owned by companies closely linked to the Prime Minister.

CAMPBELL: As a US citizen, Virak is one of the few Cambodians brave enough to speak out publicly about what many complain of privately – the enormous wealth and power of Prime Minister Hun Sen and his network of friends and associates.

OU VIRAK: Certainly he’s one of the rich men in Cambodia and probably one of the richest men in the world. There’s always cases where him or his relatives or his in-laws, end up being the owner of some land concessions by the government.

CAMPBELL: The Prime Minister is a former Khmer Rouge commander who wields near absolute power. So, human rights groups have urged western powers to protest about the land grabs. Foreign donors provide half of Cambodia’s national budget and Australia gives almost fifty million dollars a year through its aid agency AUSAID.

HENRY HWANG: This building right here is the new national assembly building that they’re putting up. Directly across this road here, you’ll see the land allotted for the new Australian embassy.

CAMPBELL: But Henry Hwang, a US lawyer representing evicted landholders, says the Australian embassy has refused to speak out.

HENRY HWANG: What’s disturbing about this, I would say are two things. First, is that AUSAID actually is a very generous donor to the development of Cambodia and two of their three priority areas are strengthening the rule of law, and the second is reducing vulnerability of the poor. Now here you have the poorest of the poor and here you have the new Australian embassy slated to be built right in the heart of this and yet they haven’t said a thing about this issue.

CAMPBELL: Embassy staff declined to be interviewed, issuing a statement that they had no responsibility for any land around the site. US Ambassador, Joseph Mussomeli, is far more outspoken.

JOSEPH MUSSOMELI: There’s too many land disputes, there’s too many rich people, greedy people, greedy companies. This is something that goes to the livelihood of millions of Cambodians and if they want to maintain political stability here, the political parties, especially the parties in control right now, have to do more to redress this issue.

CAMPBELL: The land grabs are even more serious in poor rural communities where three quarters of the population survives on subsistence farming. In some places officials have given private companies land grants of up to three hundred thousand hectares, thirty times more than the law allows.

OU VIRAK: If you stop by a village anywhere in the country, you’re probably going to discover by talking to the villagers, that the village will be affected by land grabbing.

CAMPBELL: Ta Pom is a typical village, carved out of the jungle in the 1980s by survivors of the Khmer Rouge. Two years ago, the government gave their land along with ten other villages to a nearby state rubber plantation in partnership with a private company. A village councillor told us the rubber company’s president and his deputy had close links to Cambodia’s first family.

OU VIRAK: The current owner is the in-laws of the Hun Sen family as well and also the Vice President is married to the niece of Hun Sen.

CAMPBELL: The village chief, like most other people with any power in Cambodia, is a member of Hun Sen’s Party, the CPP, and wasn’t keen on helping us with our enquiries.

What do you think of the situation here where people’s land is being taken by the rubber plantation?

VILLAGE CHIEF: That is the company’s concern. That has to be resolved.

CAMPBELL: But isn’t it the people’s land?

OU VIRAK: [Translating to the chief] Doesn’t this land belong to the people?

VILLAGE CHIEF: This is the company’s land.

OU VIRAK: [To the chief] But the people have been living here since 1982.

VILLAGE CHIEF: In fact it’s 1979.

OU VIRAK: [To chief] If they’ve been living here since ’79 then according to the land law anyone who occupies the land for five years becomes the owner. Isn’t that right? How come they aren’t the owners if they’ve been living here since ’79?

CAMPBELL: Is it true that Hun Sen’s family has taken the land?

OU VIRAK: [Translating to the chief] Does the company’s owner have any relationship with the Hun Sen? Is it an in-law, or any relation?

VILLAGE CHIEF: I don’t know. That’s their business. [Takes off on a motor bike]

CAMPBELL: We headed off to the plantation headquarters, only to find it guarded by no less a figure than the local police chief.

Is it unusual for police to be guarding private companies like this?

VIRAK: No this is not unusual. In fact, certain companies like Phanimex use the military police officers to evict people. He did confirm that the Vice President is the nephew or the nephew-in-law, he’s married to the niece of the Prime Minister.

CAMPBELL: And Hun Sen’s brother is also the governor of this province?

OU VIRAK: Right, right Hun Sen’s brother is the governor of this province.

CAMPBELL: So, keeping it all in the family.

OU VIRAK: (smiles) I guess that’s what happened.

CAMPBELL: We did manage to track down the provincial governor Hun Neng. He’s Hun Sen’s older brother. He denies the plantation is getting any special favours.

HUN NENG: I don’t have any relatives there. It doesn’t matter even if you are a son or a daughter or any type of relative the law has to be followed.

CAMPBELL: But some people say you’re family, Hun Sen’s family, has much too much power, too many positions in government, too many controls of business, too many associates who control business as well.

HUN NENG: [Governor, Kompong Cham Province] Hun Sen has only six siblings. The first one is me – I am the older brother – and then him, and then all the sisters who are working normally, just like you and the others. And we don’t have as much property and assets as people claim.

JOSEPH MUSSOMELI: Corruption is central to everything, at all levels. I don’t know of any case of where a corrupt official has really gone to gaol here – certainly not from the ruling party.

CAMPBELL: The scale of land grabs has been a fillip for Cambodia’s weak and divided opposition.

CAMBODIAN MAN: [In crowd] Justice must win! Corruption must be defeated!

CAMPBELL: Sam Rainsy heads the biggest opposition party and has been able to project himself as the people’s saviour.

SAM RAINSY: Their home has been dismantled. They have no roof over their head, including the small children.

[To crowd on megaphone] In Cambodia, just like in other countries all over the world, there are people who love justice – who sympathise with the victims and who protect you people here so that they cannot kick you all out!

CAMPBELL: This community next to Group 78 is the latest in the firing line.

SAM RAINSY: He was beaten. He was forced to sell his land for five hundred dollars. [Holding a picture of the beaten man]

CAMPBELL: And how is he now?

SAM RAINSY: [Translating for man] His head is still hurting him.

CAMPBELL: And there’s no way to go to court to defend their rights? There’s no justice for them?

SAM RAINSY: The court is very corrupt here. If you have money to bribe the judge then you will win but if you don’t have money to bribe the judge you will lose and all these people are poor people. They cannot afford to bribe the judges, therefore they will always lose in the court.

CAMPBELL: This is supposed to be a democracy. What is happening to democracy in Cambodia?

SAM RAINSY: No this is a fake democracy. We have only a façade of democracy but we don’t have any democracy in substance. It is like the Khmer Rouge. The Khmer Rouge they expel the people from the cities but now they do with some discrimination. The rich people can stay. Only the poor are expelled from the city.

CAMPBELL: As soon as any leave, their homes are demolished. People renting are even worse off than owners. They receive no compensation at all if the landlords accept the offer. As the land is immediately ringed with barbwire, they have nowhere to sleep but the street.

Hundreds of families here have held out for months despite constant intimidation but two nights later, police moved in, in force. We arrived just moments after a pregnant woman had been beaten.

Can you just explain to us what’s happened tonight?

WOMAN AT THE SITE: She was not willing to leave the site. They want to relocate the population, the people today and the police grabbed her and beat her and she is six months pregnant.

CAMPBELL: Well this is the moment the people here have been dreading for months. It’s just on ten o’clock and an hour ago, a contingent of police arrived and ordered everyone to leave. They’ve refused to go so the police are now regrouping just beyond the village. They’re expected back in force at two am.

The residents brace themselves for attack, some erecting barricades on the street. Dawn came with no more police raids but everyone here knows their homes and land will soon be gone.

Cambodians are once again at the mercy of a regime that treats them like cattle but this time, some are prepared to risk all to fight.

OU VIRAK: Looking back at our family history, my dad was killed by the Khmer Rouge, I think the Cambodian people have suffered enough and I think we must do something to stop this.

CAMPBELL: Their hope is that those who support Cambodia’s rulers will also support its people.

New Cambodia Law Restricts Parliament’s Freedom of Speech

New Cambodia Law Restricts Parliament’s Freedom of Speech
VOA Khmer Washington DC 13/11/2006

Poch Reasey hosts 'Hello VOA' in Khmer-download(4.64KB)
Listen Poch Reasey hosts 'Hello VOA' in Khmer
Chun Sakada Reports Related Story-download(874KB)
Listen Chun Sakada Reports Related Story

Ou Virak at 2005 Conference on Freedom of Expression in Cambodia (Credit: Ou Virak)

Last Friday, Cambodia’s Constitutional Council declared that the 'Freedom of Speech Law' passed in August 2005, is constitutional.

The newly adopted legislation restricts members of parliament from abusing their parliamentary immunity, to express opinions that could be considered a violation of Article 5’s law.

Article 5 curbs lawmakers from “harming [other] individual’s dignity, social customs, public order, and national security”, said Constitutional Council’s chairman, Ben Chhin.

In light of the controversy surrounding the new law, on Monday’s show VOA Khmer invited Ou Virak, secretary general for Alliance for Freedom of Expression in Cambodia (APEC) to shed light on this topic for Hello VOA’s listeners.

Ou Virak echoes concerns that the legislation will weaken Cambodia's freedom of speech, particularly parliamentarians that have opposed the ruling party’s decisions.

Keo Remy, a legislator of the opposition party shares this sentiment, saying that "[Article 5] has certain biases that would restrict member of opposition parties from expressing their opinions freely”.

Meanwhile, Ou Virak urges fellow Cambodians to fight the new law, and demand that the Constitutional Council change its policy.

For more information, click on the above links to listen to recent reports on Freedom of Speech Law.

Mr. Ou Virak Comments on Mr. Yeng Virak's release

Mr. Ou Virak Comments on Mr. Yeng Virak's release
Khemara Sok Phnom Penh, Cambodia 11/01/2006

Sok Khemara and Poch Reasey report(1.01MB)

The Cambodian Center for Human Rights' (CCHR) spokesman Ou Virak says that he is not sure whether it is the Phnom Penh municipal court or Mr. Yeng Virak's lawyer who is responsible for Mr. Yeng's release, but he thinks it is the lawyer's appeal that secures Mr. Yeng's release on bond.

Mr. Yeng is the Community Education Legal Center's director. Mr. Yeng's lawyer Huon Chhun Hy says that his client is released on bond Wednesday.

He received a telephone call from the Ministry of Interior confirming the release. The reason for the release is not known and the lawyer waits for the clarification from the court.

He thinks it might be due to international community's pressure.

US Embassy's spokesman Jeff Daigle says that he welcomes the action and that he was informed about the release.