‘Be Careful’ of War, Hun Sen Warns Tribunal
Dec 3, 2009
By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
03 December 2009
Prime Minister Hun Sen said Thursday the UN-backed Khmer Rouge tribunal would not be able to indict more suspects than it already has, repeating his warnings that further indictments could lead to instability and, potentially, war.
“I prefer the failure of the tribunal than to let the country fall into war,” he said, reiterating concerns that further indictments could lead to instability. “You must consider this. If there is no peace, but it turns to war, how many people will die? It will not be the court eradicating the war. But be careful of the court making war.”
His public comments follow the September decision of the Pre-Trial Chamber of the court to allow further indictments and as investigating judges pursue the potential of more charges.
The court is currently holding five members of the Khmer Rouge, including four senior-most leaders, but prosecutors have forwarded the names of five more cadre for investigation. The first trial, of the relatively low-ranking Kaing Kek Iev, or Duch, concluded last week, with a verdict expected early in 2010.
Trials for the five already arrested are enough, Hun Sen said Thursday, speaking at a ceremony for World Disability Day in Phnom Penh.
“Soon the verdict of the [Duch] case will be declared, and the rest of the people in Case 002 will begin,” he said.
“Indeed, the number of persons who must be tried exceeded [expectations],”if one counts the deaths of Pol Pot, Ta Mok and Son Sen, he said.
In fact, according to an agreement between Cambodia and the UN, the total number of suspects tried can reach as high as 10.
Lars Olsen, the UN’s legal officer at the court, confirmed that Case 003, is currently in the office of the investigating judges. The case will be decided on its legal merits, he said.
“The court operates independently of the executive branch and anyone else,” he said. “We are the court. We follow the law. So we will make our decision according to the law.”
“I prefer the failure of the tribunal than to let the country fall into war,” he said, reiterating concerns that further indictments could lead to instability. “You must consider this. If there is no peace, but it turns to war, how many people will die? It will not be the court eradicating the war. But be careful of the court making war.”
His public comments follow the September decision of the Pre-Trial Chamber of the court to allow further indictments and as investigating judges pursue the potential of more charges.
The court is currently holding five members of the Khmer Rouge, including four senior-most leaders, but prosecutors have forwarded the names of five more cadre for investigation. The first trial, of the relatively low-ranking Kaing Kek Iev, or Duch, concluded last week, with a verdict expected early in 2010.
Trials for the five already arrested are enough, Hun Sen said Thursday, speaking at a ceremony for World Disability Day in Phnom Penh.
“Soon the verdict of the [Duch] case will be declared, and the rest of the people in Case 002 will begin,” he said.
“Indeed, the number of persons who must be tried exceeded [expectations],”if one counts the deaths of Pol Pot, Ta Mok and Son Sen, he said.
In fact, according to an agreement between Cambodia and the UN, the total number of suspects tried can reach as high as 10.
Lars Olsen, the UN’s legal officer at the court, confirmed that Case 003, is currently in the office of the investigating judges. The case will be decided on its legal merits, he said.
“The court operates independently of the executive branch and anyone else,” he said. “We are the court. We follow the law. So we will make our decision according to the law.”
Cambodia Power Play
It's been more than a decade since armed militia and security forces loyal to Cambodian strongman Hun Sen violently suppressed the democratic opposition to consolidate the Cambodian People's Party (CPP) in power, and the country is once again on the brink of another political upheaval. This time, the battle lines are being drawn in courts rather than in the streets, but the effect will be the same—the slow but sure consolidation of authoritarian rule.
The immediate issue is the political future of opposition leader Sam Rainsy. Late last month, he tried to score political points against the Hun Sen administration by claiming Vietnam had "stolen" Khmer land by placing demarcation markers inside Cambodian territory. Border politics are a potent tool in Cambodia. Mr. Rainsy proceeded to uproot six wooden poles marking the border area and took them to Phnom Penh to press for an investigation. Vietnam officially voiced its concern.
Rather than let the issue rest, deputies from Mr. Hun Sen's ruling CPP unanimously voted on November 16 to strip Mr. Rainsy of his parliamentary immunity for the second time this year. They can do that because the CPP holds 90 seats in the 123-seat lower house of the National Assembly.
This is no ordinary censure. The legislature's action clears all legal impediments for a provincial court to charge Mr. Rainsy with willfully destroying property. If charged and found guilty by the provincial court, the opposition leader could be subject to impeachment in the National Assembly. And Cambodia would lose one of its most effective—and internationally known—opposition political voices against Mr. Hun Sen's regime.
Cambodians can rightly see this as a step backward in what has already been a struggle to consolidate democracy in their country. Since the Khmer Rouge conflict ended in 1991, the country has held four flawed national elections. For the first three ballots, no party was able to form a two-thirds majority to govern, which made it tough for Mr. Hun Sen to consolidate his power. Mr. Rainsy's secular nationalist party eclipsed the former royalist camp to become the main opposition force in the country.
Last year, Mr. Hun Sen's CPP won 73% of the total seats in a ballot marked by irregularities and administrative faults. CPP rule rests on genuine popularity at rice roots level through its economic development policies and nationalism in defense of Cambodia's territorial sovereignty vis-à-vis Thailand. Mr. Hun Sen's aggressive handling of the dispute with Thailand over land surrounding Preah Vihear temple in 2008 was a vote getter.
But as Kek Galabru, a leading human-rights activist noted at the time, "The ruling party will have the right to amend laws and strip parliamentary immunity from critics. We are afraid our democratic state will shrink and shrink." She has a point: The CPP is not only the dominant political force at the local level, but has also entrenched itself in power through control of the police, civil bureaucracy, judiciary and armed forces.
Faced with opposition threats to boycott the official swearing-in ceremonies, Mr. Hun Sen agreed to amend National Assembly rules to acknowledge the official role of the opposition and opposition leader, provide budgetary support and full immunity for all deputies. Last month's parliamentary decision not only puts that deal at risk, but is a stark reminder that 16 years after United Nations intervention, democracy has not been consolidated in Cambodia. The CCP regularly uses its levers of power to weaken the opposition by enticing defections or intimidating voters, as foreign election observers have noted. CPP-influenced courts regularly dismiss lawsuits brought against the government while convicting opposition deputies of defamation.
Mr. Rainsy certainly understands what's at stake. The day after he was stripped of his immunity Mr. Rainsy flew to Brussels, where he raised his plight with the European Parliament and International Parliamentary Union. According to Mr. Rainsy, "As a matter of principle, [the European Parliament] demands that there be a proper investigation." It is unclear when or if he will return to the country.
Mr. Hun Sen probably will eventually restore Mr. Rainsy's immunity after extracting a symbolic expression of regret for his actions. This is all part of Mr. Hun Sen's style of demonstrating that the CPP holds ultimate power. But no one should be fooled that Mr. Hun Sen's encroachments on the opposition are growing less serious. The international community, and particularly aid donors, must bring pressure to bear on Cambodia by supporting the European Parliament's call for an investigation into Mr. Hun Sen's handling of this matter. Other governments should also lobby Phnom Penh to make it harder for the National Assembly to strip immunity from a deputy.
In the longer term, donors must continue programs to enhance the capability of civil society groups, the media and elected parliamentarians to provide effective checks and balances. While the CPP is popular at the moment, it won't necessarily stay that way forever. Cambodians deserve the right to a choice, and part of that means ensuring the survival of a genuine opposition.
![[Min+Thammada.jpg]](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhc2XCZE-EVjZExbfGDfjwCQ9aC3n__1fR0mzd1WBKow4Pv3RHNTJ6KkcH1HHmwDrjHKhIhBn3FpJalN3Z-vr96cLVegA7W5M_htGEepCmlSn2K4wLKz-k5NjGMDn-g4OHwJBuja-gJ4r6p/s1600/Min+Thammada.jpg)
Cambodia confronts UN panel
Click here to watch the video online
(scroll down to section on Cambodia (2 videos) and click the appropriate language)
Free speech, land rights high on list of Western concerns.
LAND rights and freedom of expression dominated discussions as Cambodia came before the UN Human Rights Council in Geneva for its formal rights review on Tuesday.
During a three-hour session, the Council’s 47 members questioned Cambodia on rights-related issues after the presentation of a government report by Sun Suon, Cambodia’s ambassador to the UN.
“Cambodia fully shares the view that all human rights are universal, indivisible and interdependent,” Sun Suon told the Council, adding that rights promotion should take into account the “historical, political, economic, social and cultural reality of the country and its particularities”.
But in their questions to the Cambodian delegation, several Western nations highlighted the issue of freedom of expression, brought into question after a string of lawsuits against critics of the government.
“We note a number of concerns with regard to the use of justice in order to limit freedom of expression and political freedom,” said John Von Kaufman, representing Canada.
The German delegation pointed to reports of “the intimidation of human rights defenders, NGOs, the media and even in some cases, the lifting of the immunity of parliamentarians”.
“Germany would like to know how the government reconciles such restrictive approaches … with its obligations it entered into when it ratified the International Covenant on Civil and Political Rights,” said German delegate Michael Klepsch.
Lina Van Der Weyden, representing Sweden, also expressed concern about increased reports of forced evictions resulting from “legally doubtful land concessions”, calling for a moratorium on evictions until the necessary “safeguards” are in place.
Other delegations, however, diverged sharply from the criticisms of Western governments. The Indian delegation, led by Gopinathan Achamkulangare, acknowledged the “challenges and constraints” faced by nations after decades of conflict, and said it “appreciates the prioritising of poverty reduction by the government in its efforts to promote human rights through the National Strategic Development Plan”.
Kyam Myo Htut from Myanmar said he was “delighted to hear of the major achievements which came in the implementation of [government development] strategies”.
When asked whether the presence of known rights abusers – including Myanmar, Russia, China and Vietnam – on the council marred the universal periodic review process, rights defenders said its composition gave little measure of its credibility and performance.
“The most important thing is its own mandate, which is comprehensive and far reaching,” Surya Subedi, the UN special rapporteur on human rights to Cambodia, said by email.
“The UPR is a relatively new mechanism, but it already has delivered some positive results for people around the globe.”
Christophe Peschoux, director of the UN’s Office of the High Commissioner for Human Rights in Cambodia, said improvements in the rights situation are largely contingent on the government’s actions.
“It’s not just a one-off exercise – the UPR is one moment in a process,” he said. “But what matters more is the extent to which the government takes the [council’s] recommendations into account.”
The results from Tuesday’s session will go towards shaping an outcome document that is set to be adopted by the council today.
read more “Cambodia confronts UN panel”
(scroll down to section on Cambodia (2 videos) and click the appropriate language)
Free speech, land rights high on list of Western concerns.
LAND rights and freedom of expression dominated discussions as Cambodia came before the UN Human Rights Council in Geneva for its formal rights review on Tuesday.
During a three-hour session, the Council’s 47 members questioned Cambodia on rights-related issues after the presentation of a government report by Sun Suon, Cambodia’s ambassador to the UN.
“Cambodia fully shares the view that all human rights are universal, indivisible and interdependent,” Sun Suon told the Council, adding that rights promotion should take into account the “historical, political, economic, social and cultural reality of the country and its particularities”.
But in their questions to the Cambodian delegation, several Western nations highlighted the issue of freedom of expression, brought into question after a string of lawsuits against critics of the government.
“We note a number of concerns with regard to the use of justice in order to limit freedom of expression and political freedom,” said John Von Kaufman, representing Canada.
The German delegation pointed to reports of “the intimidation of human rights defenders, NGOs, the media and even in some cases, the lifting of the immunity of parliamentarians”.
“Germany would like to know how the government reconciles such restrictive approaches … with its obligations it entered into when it ratified the International Covenant on Civil and Political Rights,” said German delegate Michael Klepsch.
Lina Van Der Weyden, representing Sweden, also expressed concern about increased reports of forced evictions resulting from “legally doubtful land concessions”, calling for a moratorium on evictions until the necessary “safeguards” are in place.
Other delegations, however, diverged sharply from the criticisms of Western governments. The Indian delegation, led by Gopinathan Achamkulangare, acknowledged the “challenges and constraints” faced by nations after decades of conflict, and said it “appreciates the prioritising of poverty reduction by the government in its efforts to promote human rights through the National Strategic Development Plan”.
Kyam Myo Htut from Myanmar said he was “delighted to hear of the major achievements which came in the implementation of [government development] strategies”.
When asked whether the presence of known rights abusers – including Myanmar, Russia, China and Vietnam – on the council marred the universal periodic review process, rights defenders said its composition gave little measure of its credibility and performance.
“The most important thing is its own mandate, which is comprehensive and far reaching,” Surya Subedi, the UN special rapporteur on human rights to Cambodia, said by email.
“The UPR is a relatively new mechanism, but it already has delivered some positive results for people around the globe.”
Christophe Peschoux, director of the UN’s Office of the High Commissioner for Human Rights in Cambodia, said improvements in the rights situation are largely contingent on the government’s actions.
“It’s not just a one-off exercise – the UPR is one moment in a process,” he said. “But what matters more is the extent to which the government takes the [council’s] recommendations into account.”
The results from Tuesday’s session will go towards shaping an outcome document that is set to be adopted by the council today.
Hun Sen meets with Malaysian ex-PM [-Meeting of the dictators?]
PHNOM PENH, Dec. 3 (Xinhua)-- Cambodian Prime Minister Hun Sen met with Malaysian former Prime Minister Mahathir Mohamad on Thursday in Phnom Penh to talk on Muslim community in Cambodia, a spokesman for Hun Sen said.
Following the meeting, Eang Sophallet, spokesman for Hun Sen told reporters that Mahathir, who is on a two-day visit to Cambodia, had told Hun Sen that his mission this time was to help Cambodian Muslim community in his capacity as a president of the Muslim Healthcare Community in Malaysia.
Mahathir's visit was made two weeks after a Cambodian Muslim community in the northern outskirts of Phnom Penh -- suffered fire that destroyed hundreds of houses.
Muslim minority in Cambodia, known as Cham are making up some 4percent of the total country's population of 14 million people.
During the talks, Mahathir commended Hun Sen's leadership that has led the country into harmonious society with no discrimination to any races.
Also, during the talks, Hun Sen suggested Malaysia open more markets for Cambodian rice production.
read more “Hun Sen meets with Malaysian ex-PM [-Meeting of the dictators?]”
Following the meeting, Eang Sophallet, spokesman for Hun Sen told reporters that Mahathir, who is on a two-day visit to Cambodia, had told Hun Sen that his mission this time was to help Cambodian Muslim community in his capacity as a president of the Muslim Healthcare Community in Malaysia.
Mahathir's visit was made two weeks after a Cambodian Muslim community in the northern outskirts of Phnom Penh -- suffered fire that destroyed hundreds of houses.
Muslim minority in Cambodia, known as Cham are making up some 4percent of the total country's population of 14 million people.
During the talks, Mahathir commended Hun Sen's leadership that has led the country into harmonious society with no discrimination to any races.
Also, during the talks, Hun Sen suggested Malaysia open more markets for Cambodian rice production.
Mother of detained engineer vows to fight for her son's freedom
BANGKOK, Dec 3 (TNA) - The mother of a Thai engineer, detained in a Cambodian prison, said on Thursday that she will try every means to help her son and will seek an amnesty for him if the Cambodian decides he is guilty.
Mrs Simarak Na Nakhon Panom returned yesterday from the second trip to Phnom Penh to visit Siwarak Chutipong, an employee of the Thai-owned Cambodia Air Traffic Services (CATS) who was arrested by Cambodian police on November 12 on charges of passing to Thai diplomats information on the flight details of former prime minister Thaksin Shinawatra during his recent visit to the neighbouring country.
Mr Siwarak has been detained at Preysar prison. The Cambodian court will give its verdict on the case on December 8. Mrs Simarak's second trip to Phnom Penh was faciliated and spornsored by the opposition Puea Thai Party.
She said her son has been allergic to the weather and become stressful, but he was full of hope and glad to see her.
Regarding the bailing process, Mrs Simarak said it depends on the Cambodian court, expressing hope that her son would be treated fairly as he was innocent.
She added that the Thai governemnt has tried hard to help her son and provided information to Mr. Siwarak's lawyer in order to request the bail on December 4.
Mrs Simarak will make her third trip to Phnom Penh next Monday together with Foreign Ministry officials to give moral support to her son during the court's ruling.
"Everything is up to the court," she said."If my son is innocent, he will be freed and he will personally give a news conference."
Mrs Simarak added that her son will return to Thailand and enter monkhood if he is acquitted. If found guilty, he will seek a royal pardon.
When asked if she will seek help from Mr Thaksin, she said she will ask for assistance from all parties, not only from the ousted premier.
Upon her arrival at the Suvarnabhumi Airport, Mrs Simarak rushed to the Puea Thai Party headquarters to meet with party's chairman Gen Chavalit Yongchaiyudh and thank him for arranging her second trip to Cambodia.
She said after the meeting that she felt more relief as Gen Chavalit offered to help her family behind-the-scene.
Mrs Simarak reiterated that her meeting with Gen Chavalit was about her son's safety and she did not want any political implication on the matter.
She added that she will also inform the Thai Foreign Ministry and Cambodia that she will change her son's lawyer as she believes the new lawyer, recommended by Mr Siwarak's friends, will perform better than the current one.
Regarding an unconfirmed report that Mr Siwarak will be released on bail on Friday at 2pm, Mrs Simarak said it should be so.
read more “Mother of detained engineer vows to fight for her son's freedom”
Mrs Simarak Na Nakhon Panom returned yesterday from the second trip to Phnom Penh to visit Siwarak Chutipong, an employee of the Thai-owned Cambodia Air Traffic Services (CATS) who was arrested by Cambodian police on November 12 on charges of passing to Thai diplomats information on the flight details of former prime minister Thaksin Shinawatra during his recent visit to the neighbouring country.
Mr Siwarak has been detained at Preysar prison. The Cambodian court will give its verdict on the case on December 8. Mrs Simarak's second trip to Phnom Penh was faciliated and spornsored by the opposition Puea Thai Party.
She said her son has been allergic to the weather and become stressful, but he was full of hope and glad to see her.
Regarding the bailing process, Mrs Simarak said it depends on the Cambodian court, expressing hope that her son would be treated fairly as he was innocent.
She added that the Thai governemnt has tried hard to help her son and provided information to Mr. Siwarak's lawyer in order to request the bail on December 4.
Mrs Simarak will make her third trip to Phnom Penh next Monday together with Foreign Ministry officials to give moral support to her son during the court's ruling.
"Everything is up to the court," she said."If my son is innocent, he will be freed and he will personally give a news conference."
Mrs Simarak added that her son will return to Thailand and enter monkhood if he is acquitted. If found guilty, he will seek a royal pardon.
When asked if she will seek help from Mr Thaksin, she said she will ask for assistance from all parties, not only from the ousted premier.
Upon her arrival at the Suvarnabhumi Airport, Mrs Simarak rushed to the Puea Thai Party headquarters to meet with party's chairman Gen Chavalit Yongchaiyudh and thank him for arranging her second trip to Cambodia.
She said after the meeting that she felt more relief as Gen Chavalit offered to help her family behind-the-scene.
Mrs Simarak reiterated that her meeting with Gen Chavalit was about her son's safety and she did not want any political implication on the matter.
She added that she will also inform the Thai Foreign Ministry and Cambodia that she will change her son's lawyer as she believes the new lawyer, recommended by Mr Siwarak's friends, will perform better than the current one.
Regarding an unconfirmed report that Mr Siwarak will be released on bail on Friday at 2pm, Mrs Simarak said it should be so.
Hun Sen appeals public not to discriminate disabled people
PHNOM PENH, Dec. 3 (Xinhua)-- Cambodia's Prime Minister Hun Sen appealed Thursday to the public not to discriminate the disabled people at all forms, saying they are only disabled physically but not mentally.
At a ceremony to mark the 27th International Day of Disabled People, Hun Sen appealed that "We have to stop discriminating disabled people at all forms, and at the same time, the disabled people shall perform their good behaviors to the public."
Hun Sen said he had learned that some disabled had performed improper behaviors that jeopardize the honor of the whole disabled people nationwide.
Hun Sen also claimed himself as a disabled person as he had lost his left eye in the war in Cambodia in 1975, just days before the Khmer Rouge came to power.
He said that the 2008 figure showed that 1.4 percent of the country's 14 million population were disabled people, a mild decline from 2 percent in 1998.
Civil war, landmines, traffic accidents, and polio disease are the main causes of disability in the country.
Ith Samheng, Minister of Social Work, Youth Rehabilitation and Veterans said the government has established 11 vocational training centers and over 15,880 disabled people have been trained for specific skills.
read more “Hun Sen appeals public not to discriminate disabled people”
At a ceremony to mark the 27th International Day of Disabled People, Hun Sen appealed that "We have to stop discriminating disabled people at all forms, and at the same time, the disabled people shall perform their good behaviors to the public."
Hun Sen said he had learned that some disabled had performed improper behaviors that jeopardize the honor of the whole disabled people nationwide.
Hun Sen also claimed himself as a disabled person as he had lost his left eye in the war in Cambodia in 1975, just days before the Khmer Rouge came to power.
He said that the 2008 figure showed that 1.4 percent of the country's 14 million population were disabled people, a mild decline from 2 percent in 1998.
Civil war, landmines, traffic accidents, and polio disease are the main causes of disability in the country.
Ith Samheng, Minister of Social Work, Youth Rehabilitation and Veterans said the government has established 11 vocational training centers and over 15,880 disabled people have been trained for specific skills.
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