Combodia-Post

AUSTRALIAN businesses will today start to benefit from the country's biggest free trade agreement -- with the 600 million people of southeast Asia.

Australia already has FTAs with Singapore and Thailand. But the new deal links Australia and New Zealand with all 10 countries of the Association of South East Asian Nations.

In the past financial year, Australia's trade with ASEAN totalled $83 billion, 15 per cent of the country's total trade -- almost the share claimed by China, Australia's top trading partner.

The FTA takes effect in stages. By 2020, it will eliminate tariffs on 96 per cent of the goods exported to ASEAN countries.

Federal Trade Minister Simon Crean said yesterday the "major milestone" opened up opportunities for Australian businesses in one of the fastest-growing regions of the world.

Six of the 10 ASEAN countries are forecast to grow this year at more than double the average economic growth of industrialised countries.

Despite some phasing in of arrangements, the deal that came into effect on January 1 -- with its first working day today -- produces some immediate benefits for Australia, including:

• Elimination of the 10 per cent tariff on processed cheese exports to Malaysia, worth $9.6 million in 2008, and the 5 per cent tariff on fresh grape exports there, worth $7.2m.
• Elimination of the 3 per cent tariff on wheat exports to The Philippines, worth $22m, and the 5 per cent tariff on sheepmeat exports, worth $3m.
• Expansion from seven to 36 of the subject areas that Australian education institutions can deliver in Vietnam.

About 42 per cent of Australia's 18,500 exporting companies trade with ASEAN.

But a high proportion of our trade with most of the ASEAN countries is covered so far by a few lines of the FTA.

Melbourne-based Will Studd, widely known as Australia's "Mr Cheese", is one businessman excited by the new prospects.

"We only do a tiny bit of exporting. It's a real challenge. But this deal will certainly make it likely we will do more," the Calendar Cheese Company owner said yesterday. "There are so many barriers to trade in cheese that anything that brings them down is a good thing."

New markets tend to be opened for commodity dairy products first, he said -- such as butter, milk powder and cheddar for processing. And price is king, so reducing the tariffs can make a huge difference. Then people tend to start developing a taste for more sophisticated dairy products, including cheeses.

He said Malaysia presented an obvious opportunity, as did Vietnam, which is already familiar with cheese products because of its French heritage.

Australian Chamber of Commerce and Industry chief executive Peter Anderson said the exciting aspect to the FTA were the opportunities for Australian businesses to tap into the regional supply chains.

Mr Anderson said that with the stalling of the World Trade Organisation's Doha Round, the deal showed Australia was continuing to broaden its market access and relationships with key trading partners.

Cambodia, Laos and Thailand have yet to complete their ratification of Australia's first multi-country FTA, but are expected to do so early this year.

Although the deal principally treats ASEAN as an entity, its market access arrangements differ between the 10 member countries, with varied commitments with the newer ASEAN members, Vietnam, Burma, Cambodia and Laos.

SIX MEMBERS OF THE Association of Southeast Asian Nations, including the Philippines, took a step closer to the establishment of a single market in the region as they stopped collecting import duties on thousands of products shipped across their borders.

The Philippines, Indonesia, Thailand, Malaysia, Singapore and Brunei scrapped collections on 7,881 tariff lines starting Jan. 1.

According to the Asean Secretariat, affected tariff lines include final consumer products such as air conditioners, chili, fish and soya sauces, as well as intermediate materials, such as motorcycle parts and motor car cylinders.

Other products include mechanical appliances and prepared foodstuff, as well as those belonging to the iron and steel, plastics, machinery, chemicals, paper, cement, ceramic and glass sectors.

With the latest move, a total of 54,457 tariff lines may be transported across the six country’s borders at zero tariff.

The number represents 99.11 percent of all tariff lines listed under the Common Effective Preferential Tariffs for the Asean Free Trade Area.

The CEPT-AFTA provides for the gradual reduction in tariffs of these products, which started in 1993.

With the latest round of tariff reduction, the average tariff rate for the six countries—referred to as the Asean 6—is expected to further decrease from 0.79 percent in 2009 to 0.05 percent this year.

The remaining four Asean countries that are not affected in the tariff reduction—Cambodia, Laos, Myanmar (Burma) and Vietnam—have been given leeway and need not break down trade barriers right away since they are newer members and have less developed economies.

Under the CEPT-AFTA schedule for tariff reduction, the four countries may undertake similar moves by 2015.

Latest data from the Asean Secretariat showed that in 2008, intra-Asean import value of commodities covered by the 7,881 tariff lines amounted to $22.66 billion, or about 12 percent of the Asean-6’s total imports from within Asean.

Asean Secretary General Surin Pitsuwan said in a statement that the recent move would serve as a catalyst for the development of a single market and production base described in an agreement as the Asean Economic Community (AEC) blueprint.

The actual impact and how much this final installment will translate into savings for consumers will depend on the market dynamics of the respective Asean-6 countries, Surin said.

Supporters of a former Wellington man jailed for rape in Cambodia fear he will die behind bars, as hopes of a fresh appeal fade.

Graham Cleghorn has just spent his ninth New Year in a Cambodian prison – and now faces the prospect of an extra 10 years being added to his sentence because he is unable to pay reparations to his accusers.

He was sentenced to 20 years in 2004 for raping five of his employees, aged 14 to 19, in Siem Reap, about 300 kilometres northwest of Phnom Penh.

The former Angkor temple tour guide maintains he was framed by the Cambodian Women's Crisis Centre. Cleghorn, in his early 60s, says it fabricated the charges to get foreign aid money.

The group and the complainants vehemently deny his claims.

Two years ago, the Cambodian Court of Appeal threw out Cleghorn's second appeal.

A spokeswoman at the Foreign Affairs Ministry said the New Zealand embassy in Bangkok continued to monitor Mr Cleghorn's case and his wellbeing, and was in regular contact with his daughter in Australia.

Cleghorn was last visited by consular staff from the British embassy in Phnom Penh on December 9, the spokeswoman said. "We understand he has lodged a final Supreme Court Appeal."

However, his New Zealand lawyer, Greg King, said the appeal was "a pretty bleak prospect".

It had become bogged down in red tape and demands for tens of thousands of dollars in advance from lawyers. "It's just languishing"

Cleghorn's health was deteriorating, Mr King said. It was also possible that 10 years could be added to his sentence, as he was unable to pay reparations to his five accusers. "They could add two years on for each one."

Based on the evidence, Cleghorn would never have been convicted in a New Zealand court, Mr King said. "Yet he's still stuck in jail over there."

Supporter Brian Robinson said he had not heard from Cleghorn for months. "You can only imagine what he must be going through, what the conditions must be like. The rest of his sentence is probably longer than he is going to live."

Mr Robinson, who runs a website supporting Cleghorn, said he believed the Kiwi was the victim of a corrupt system. "In a country that's desperately poor, you get decisions that are based on bribery."

Op-Ed by Khmerization
2nd January, 2010

The recent family reunion party of the Hun clan played out like the last supper for Prime Minister Hun Sen. To long term political observers of the Cambodian affairs, it seems like the gathering of the faithful and the disciples to listen to Mr. Hun Sen’s last words or, to be exact, his last will.

In the first ever family reunion gathering in the last 31 years, Hun Sen has expressed his concerns about the possible revenge attacks against his family members when he falls from powers. “The things that I worry the most are the irregular actions that have been caused by members of the Hun clan”, he said in the speech during the reunion. He went on to warn his children, nephews and nieces that “the things I worry the most is the issue of them using (my) influence.” Mr. Hun Sen further advised his relatives: “What is important is that, if they cannot do good things to the people, don't just use the influence of the Hun clan to harass the people. The children and the nephews and nieces who don't listen to my advice and who committed bad deeds and when Hun Sen falls from power, don't forget that you are the targets of the attacks".

For nearly 31 years since Mr. Hun Sen is at the helm of Cambodia, he had never thought of organising a family reunion of such a large gathering of his extended family members. But, according to Radio Free Asia, since learning of the alleged Thai plot to hatch a coup to oust him from powers, Mr. Hun Sen seems to realise that he his not immortal.

That seems like a premonition of the waning vanity and prowess of Mr. Hun Sen and the words that he uttered towards his relatives were like a deathbed wish, uttered at the dying days of a reviled and a detested dictator.

Mr. Hun Sen’s advice seems to direct and shift all the blames and grudges and vindictiveness against his family towards the young generations of the Hun clan. Deep down, he probably knew full well that, if there is such revenge attacks against his family when he falls from powers, those attacks would be as a result of his own bad deeds committed while he rules the country and not as a result of the misdeeds or bad deeds committed by the young generations of the Hun clan.

In many democratic countries such as the United States, Australia, the UK, Japan or even Thailand, where leaders are democratically elected by the people, they have never warned of the possible revenge attacks against their relatives when they leave office. Only leaders who came to powers through the barrel of a gun and who committed excesses, worries about such possible revenge attacks on their family members after they fall from powers. Mr. Hun Sen probably realise that he is such one leader who had done many bad things against his own people that could warrant such revenge attacks.

The grenade attacks on 30th March 1997 that killed 19 and wounded 190 people that warranted the American FBI to get involved in the investigations, the July 1997 coup d’etat against Funcinpec Party that saw the killings of more than 100 supporters of Prince Ranariddh, including the tortures and murders of Ministers Mr. Ho Sok and Kruoch Yoeum and numerous other brutalities, are just some examples of Mr. Hun Sen’s implicated crimes and bad deeds.

The criminal acts committed by his nephews, the like of the feared Hun To and Nim Sophea- the son of Nim Chandara and Mrs. Hun Sinath, who in 2003 spayed bullets indiscriminately that killed 3 people and got away scotch free, are the bad deeds that Mr. Hun Sen is also concerned about.

One can foresee that there will be some sorts of justice actions and ramifications being taken against Mr. Hun Sen and his clans after he falls from powers, either through legal channels or through other acts. The family of the slain union leader Chea Vichea, the families of the late Gen. Ho Sok, Gen. Kruoch Yoeum and Gen. Chao Sambath who were tortured and executed during the 1997 coup, the family of actress Pisith Pilika who was allegedly ordered killed by Hun Sen’s wife in 1999 for having an affair with him and the families of other victims of Mr. Hun Sen’s excesses will surely seek justice through judicial or other channels after Mr. Hun Sen falls from powers.

The fates of other dictators like Hitler, Mussolini of war time Italy, Ceaucescu of Romania, Saddam of Iraq and the leaders of war time Japan who were hanged by the Allied Forces after World War II, should give Mr. Hun Sen some insight into his possible fate.

While I don’t expect that actions against the above leaders will be applied against Mr. Hun Sen when he falls from powers, I’m convinced that some sorts of legal remedies through judicial channels will be sought by his victims. These actions, if taken, should not be considered as revenge, but rather as legal remedies to heal the wound in a view of moving toward a reconciliation process.

Dear KI-Media Editors,

Please find attached a synopsis of US Ambassador Carol Rodley’s speech and replies to questions fielded to her. Mrs. Rodley’s event took place at Mark Twain Library in Long Beach, California, on Saturday, December 19, 2009. I would like to warn your readers in advance that this synopsis bears some of my bias and it is not intended to be a faithful transcript of Mrs. Rodley’s speech and answers. Furthermore, I did not jot down all the questions that were fielded to her, I am providing here only questions and answers that are pertinent to Cambodia. Mr. Meach Sovannara, a reporter for the Khmer Post, was also present at Mrs. Rodley’s event and he recorded the entire two hour event. I would urge your readers to listen to this recording at:
My sincere thanks to Mr. Meach Sovannara for posting this recording.

Happy New Year to your team and to all KI-Media readers!

P. from Long Beach


Prior to her posting as US Ambassador, Mrs. Carol Rodley was posted in Afghanistan. Therefore, as her opening remark, she indicated that, in comparison to Afghanistan, Cambodia is facing a problem of a poor country, thus in comparison to Afghanistan, Cambodia is not in a too bad shape.

She also indicated that prior to Afghanistan, she was also posted in Cambodia in 2000. Upon her return to Cambodia from Afghanistan, she noted that Cambodia is no longer the same country she left. For one thing, there was tremendous change in infrastructure between 2000, the year she saw Cambodia last, and 2008, the year she returned back to Cambodia. In 2008, there are more roads, more buildings and more businesses. [One of her remarks that struck me was the fact that she mentioned that the private sector had contributed tremendously to the development of the country. I remembered that, speeches after speeches, Mr. Hun Sen always insisted that the development in Cambodia was the work of his government, however, Mrs. Rodley seems to indicate that Mr. Hun Sen’s claims are not entirely factual."]

Mrs. Rodley also indicated that there is a significant change among the Cambodian people. Currently, Cambodians are more competent, more optimistic. They have a broader view of the world. She was also amazed that Cambodia, which in the past saw the arrival of a large contingent of UN peacekeeper force, is now sending peacekeepers to other countries instead.

She also reported that Cambodia’s relationship with the US has matured at the official level. There is currently broad cooperation between the two countries, as well as broad assistance by the US in healthcare, in quality and access to education.

Nevertheless, in regards to human rights and democracy, Mrs. Rodley indicated that progress in these areas is inconsistent. In general, the US would hold discussions on disagreements with the Cambodian government.

When it comes to freedom of expression, the US notes the unfortunate trend where defamation and disinformation lawsuits are used to stifle dissenting political views.

Human rights is also a continuing problem and evictions affect vulnerable peoples.

With this remark, Mrs. Rodley concluded her speech and initiated the question session.

Question Session

[What I did not understand was the fact that, even though the attendance is relatively small (about 60-70 people), the attendance was not able to ask questions to Mrs. Rodley directly, instead, people who have questions have to submit them in writing to the moderator who would then field them to Mrs. Rodley. According to one of the people who asked a question to Mrs. Rodley, he indicated that the moderator did not formulate his question faithfully either. With that in mind, let’s move on the questions.]

Can Cambodian-American still receive their social security checks if they live in Cambodia?

Yes, under one provision: these people must show up at the US embassy once a month. The reason for this is that there are too many cases of fraud. Sometime, people died and yet their relatives would still collect their Social Security checks. Furthermore, there is no reliable death record in Cambodia.

What are the priorities of the Obama’s administration in Cambodia?

The US would like to see a peaceful, stable, prosperous and democratic Cambodia that it can deal with. However, prosperity and democracy in Cambodia remain problems that Cambodia is still facing with. For one thing, Cambodia’s economy is not diversified, therefore, it is susceptible to recession. Nevertheless, she noted that Cambodians’ confidence at their own ability to survive, and she also noted their resilience under the circumstance. Cambodia does rely heavily on tourism and garment export.

In terms of democracy, the US supports human rights in Cambodia, but Mrs. Rodley indicated that there is still a lot to do in this area. In her words, Cambodia is termed a “1 party +” country (i.e., Cambodia is ruled by a single party, and the opposition does not play a significant role in the country). She indicated that, according to political scientist, it would take an average of about 45 years for such country to reach full democracy. [On this last item, I beg to differ with Mrs. Rodley’s remark. It is true that in countries such as Japan, for the current ruling party to come from the opposition to rule the country, it did take about 50 years. However, this is not true everywhere, for example, Indonesia was under Suharto’s iron grip for 32 years, Ferdinand Marcos’ rule of the Philippines was 21 years. Therefore, Cambodians should not be desperate about the situation in Cambodia just yet. We have to remember that no undemocratic ruler will last forever. The last years of Prince Sihanouk in power in Cambodia was an exemple of a regime in economic disarray because the ruler believes that he was untouchable. Similarly Pol Pot’s iron grip on Cambodia did not last forever either. While it is true, that Pol Pot’s regime was toppled by Vietnam’s invasion, its lack of support from the Cambodian people made it an easy target for Vietnam.]

Why is it so difficult to bring children to the US? There are so much difficulties to pass the required DNA test.

The reason for this is because there are so many frauds in the visa business.

What is your opinion on deforestation in Cambodia?

Mrs. Rodley made it clear that she is against deforestation in Cambodia. Furthermore, this issue is taking an increased importance due to the current climate change. Nevertheless, Mrs. Rodley believes that this issue is currently a moot point because forest coverage has already been cut down (i.e. destroyed).She hopes that the Copenhagen treaty will bring financial interest to the Cambodian government to preserve forest coverage, but, the “devil is in the details”, i.e. there is still a major challenge in the implementation.

What would it take to increase Cambodia’s garment quota to the US?

Currently, there is no garment quota imposed on import from Cambodia. The main problem currently is that demand has plummeted. Furthermore, Cambodia is also market share to countries such as Vietnam and Bangladesh. While Cambodia maintains a good labor standard, such issue is not that important anymore under the current economic condition. There is an attempt at the US congress to provide preferential tariffs for garment import from poor countries, but it is facing tough resistance from Obama’s Democrat administration fur to labor movement. Therefore, this issue is not certain yet at the moment.

Is the price of garment made in Cambodia high due to corruption?

Mrs. Rodley does not believe so. She indicated that Vietnam faces the same corruption problem as Cambodia, but what differentiates Vietnam from Cambodia is the fact that productivity is much higher in Vietnam. Furthermore, the cost of electricity and transportation in Cambodia is still very high. For example, the price of electricity in Cambodia is higher than that of Tokyo.
What is the US position in regards to the border problem in Preah Vihear?

Mrs. Rodley believes that this is a simple problem to address. The US believes that it should be resolved bilaterally between Thailand and Cambodia only. This issue has both negative and positive aspect to it and the US is closely following the situation. On the negative aspect, diplomatic tension is festering between the two neighbors, but on the positive side, there is troop reduction on the ground and the border is quiet. She indicated that serious discussions are needed from both sides, and she believes that there would be no resolution until Thailand’s domestic problem is solved. She added also that communication is required to slow down violence.

[The US has always supported a bilateral border solution between Cambodia and Thailand. However, as a signatory country to the 1991 Paris Peace Accords on Cambodia, these accords (Article 18, Part 4) clearly stipulates that “Cambodia undertakes to maintain, preserve and defend, and the other Signatories undertake to recognize and respect, the sovereignty, independence, territorial integrity and inviolability, neutrality and national unity of Cambodia, as set forth in a separate Agreement.” Obviously, Thailand’s invasion of Cambodia in Preah Vihear area should automatically trigger the application of the article above, but it did not. On top of that, the US did nothing to this matter, except to encourage both parties to hold bilateral discussions. As Mrs. Rodley observed it herself, no outcome resulted from the bilateral discussions between the two countries. All that took place was “silly” discussion on how to name the Preah Vihear temple. All in all, Thailand only lambasted on this issue and dragged its feet. The issue is further politicized by both countries for political gain: Mr. Hun Sen to stir Cambodia’s nationalism and deflect all political and economic problems, Mr. Abhisit Vejjajiva and the other Thai PMs to deflect internal political problems. In my opinion, Mr. Hun Sen’s support of Thaksin’s partisans is misguided as all Thai administrations care more about Thailand’s interest than their alliance with Mr. Hun Sen’s Cambodia.]

How does the US helps Cambodian import and export business?

Following the Obama’s administration removal of Cambodia from trade blacklist, the US is now establishing its Export/Import (Exim) bank, but loans to Cambodian businesses are still a problem. Cambodians should stay tuned on this issue.
How does one become a peace corps volunteer to Cambodia?

There are currently 75 peace corps volunteers in Cambodia, all of them are working in rural areas, teaching English in high schools. As a peace corps volunteer, one cannot chose the country one wants to go. One must be flexible to go to any country that help is required.
What is the US position on the decline of democracy in Cambodia?

Land eviction is a major issue in Cambodia. The land law in itself is not bad per se, but its implementation is ragged. With the World Bank’s help, about 1 million of land titles were issued, but the WB is only concentrating in urban areas. This issue is further complicated with land title issues.

[As everybody knows, major evictions took place right in the middle of Phnom Penh, therefore should we consider the WB’s work a major failure?]

Mrs. Rodley that there is a silver lining in the current economic recession that saw a drop in land price. Hopefully, this will provide a breathing room for a more humane view on forced eviction.

She, along with other ambassadors in Cambodia, believes that a moratorium on forced eviction is necessary, however, she is not optimistic that this will take place. She indicated that eviction should be the last resort and there should be maximum respect for the people evicted, as well as a minimum use of force during evictions.

Is the US contemplating to provide more grants for Cambodian students to come study in the US?

The Fulbright grants program is expanding, but this is only directed toward graduate studies. Furthermore, the academic level in Cambodia is not up to par to that of the US, even though Cambodian students work hard and some do obtain their PhDs from the US.

Currently, the US is granting 1 semester to 1 year visa to undergraduate studies in the US. The US will also extend this policy to high school students.

However, there will be no further growth in the number of grants beyond the current level due to high cost involved in each student. Instead, the US is concentrating into improving the quality of education in Cambodia instead.

Can you provide comment of your assertion that Cambodia lost about $500 million in revenue each year due to corruption?

Mrs. Rodley indicated that this number is merely a guesstimate. However, she pointed out that a study was performed based on a sample of about 2,000 Cambodian businessmen regarding the corruption issue. Following this study, an extrapolation was made by the study, and corruption could result in a $500 million in yearly loss of revenue. This is a very large number.

One group of people who hate corruption is Cambodia are parents who have to provide money to their children to pay to their teachers. This is not a good situation at all, as it introduces corruption to Cambodians at a very young age.

On the other hand, she believes that her statement would encourage people to talk about corruption.

I couldn’t help but cutting her off and telling her that it was OK for her, as a foreigner, to raise this issue. Any Cambodians who would dare making such statement would be immediately sued for disinformation and defamation. She agreed to my remark, and she also mentioned that, following her talk on the corruption issue, even government officials came to tell her that it was good that she mentioned this issue openly.

What is the US view on human trafficking in Cambodia?

Human trafficking is a crime and a terrible problem. The issue is handled by NGOs, however, [Sar Kheng] the minister of Interior is committed to solve this problem. On the NGO side, the Somaly Mam foundation is also working on anti-trafficking. There is no denying from the government on this issue. The US government through ICE (US Immigration and Customs Enforcement) is taking full ownership of the problem. This is no longer just talk and US offenders are brought back to face stiff penalty in the US.

What does the US do to promote Cambodian art?

Upon her posting in Cambodia, Mrs. Rodley was asked what she wanted to have in Cambodia. She requested to have an art collection at the US ambassador residence that looks at the future of the Cambodian-US relationship. This collection is now on display at her residence in Cambodia.

What is the US position on the Khmer Rouge tribunal (KRT)?

The KRT is a big success. Justice of some sort is being delivered in spite of the fact that it took a very long time to reach an agreement between the Cambodian government and the UN. Because it is hybrid court, the system is messy and the process is imperfect. Nevertheless it is better to have it even if it is not perfect. The court proceeding is moving at a very slow pace, and the operation cost is too high. However, Mrs. Rodley believes that this is a price to pay for international justice.

[While the US is aware of the high operation cost, the US is not providing much funding to this hybrid court either in my humble opinion. I couldn’t help but wonder why it is so?]

At that point, Dr. Leakhena Nou came to the podium to make announcements about the KRT. To me, it was very refreshing to hear Dr. Nou’s opening remark where she clearly stated that the KRT is a joke. To her, the proceeding of the court is total mystery for ordinary people, let alone for her, a scholar in this field. She encourage all those who still want to file complaints to contact her organization at: http://www.asriconline.com

What is the current situation in the clearing of mine fields?

I was surprised to hear her mentioning that, currently, the K-5 belt minefield is being worked on. [The K5 plan was concocted by Vietnam during its occupation of Cambodia and implemented by the People’s Republic of Kampuchea under the leadership of Messrs. Heng Samrin, Chea Sim and Hun Sen, the current leaders of Cambodia. This plan was the biggest resentment among the Cambodians against the PRK because of its detrimental policy (For additional information about the K5 plan: http://dompols.com/index.php?option=com_content&view=article&id=80:the-k5-plan&catid=51:cambodia-&Itemid=53)]

She indicated also that the number of casualties is lower, but mine clearance will take a long time.
Any comment on Mu Sochua’s case?

No comment as the case is still in court.

Why isn’t there a DEA office in Cambodia?

Because Cambodia does not have enough a big drug problem.

[My contention on this issue is that Cambodian drug does not the US shore in large quantity yet for it to justify the presence of a DEA office in Phnom Penh. However, for other countries, such as Australia for example, that are affected by drug smuggling from Cambodia, there is a tighter police and drug enforcement cooperation on this issue.]

[Unfortunately the meeting with Ambassador Rodley came to an end at that point. Although I brought with me a printed copy of your readers’ questions to Mrs. Rodley, I was not able to raise any of them due to the structure used for the question session, i.e. the questions must be submitted in writing. At the end of the talk, I approached Mrs. Rodley and handed her the questions raised by KI-Media readers. While I am almost certain that she will read them, I don’t expect to see nor hear any reply from her any time soon. Nevertheless, a copy of them is in her hands.]