Peace and Justice: Cambodia

Thursday, 12 November 2009 15:04
Chheang Vannarith

The regional alliance may be the best forum for Cambodia and Thailand to work out the disagreements that have led to casualties on both sides and threatened damage long-term economic relations in a manner that harms both countries.




THE Association of Southeast Asian Nations is trying to realise the goal of an ASEAN community, similar to the one in Europe, by 2015, with the ultimate objective of living in peace and prosperity under a shared common identity. ASEAN is regarded by many as the driving force in shaping regional architecture in the Asia-Pacific region, yet the alliance is currently held back by the fact that domestic politics and nationalism still dominate foreign policy and international relations in the region.

The Cambodia-Thailand border conflict is a case in point, demonstrating the alliance’s limitations. Because of ASEAN’s well-known non-interference principle, its potential for conflict resolution in the region has not been utilised.

History has often found Cambodian and Thailand in rival positions, leading the states’ respective populations to demonise one another. This legacy of nationalism and mistrust is at the root of present-day disagreements between the two countries.

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Thai ex-prime minister Thaksin Shinawatra is expected to give a public lecture today to hundreds of Cambodian economists in his capacity as government economics adviser.

Because of his experience and expertise, it is possible that Thaksin’s advice could useful to the ruling Cambodian People’s Party as it formulates its economic policy. I am concerned, however, about the implications of Thaksin’s appointment and his presence here in Cambodia for Cambodian-Thai relations and, to a larger extent, regional security overall.

As a result of Thailand’s anger over Thaksin’s arrival, bilateral dialogue and negotiation between Thailand and Cambodia over the border issue will now likely come to a standstill, a possibility portended by Thailand’s decision to revoke the memorandum of understanding on overlapping maritime boundaries agreed upon and signed in 2001.

Economic relations between the two countries could be cut as well, which will significantly impact the livelihoods of poor merchants and others from both countries who live along the border. Economically, this is a lose-lose situation.

How to solve this dispute? At the 2008 ASEAN summit, Cambodian Foreign Minister Hor Namhong asked Singapore, then the chair of ASEAN, to form a regional, inter-ministerial group to help find a peaceful solution to the bilateral dispute and prevent military confrontation from occurring.

ASEAN, however, encouraged Cambodia and Thailand to utilise a bilateral mechanism to solve their disagreements. Unfortunately, bilateral dialogue has produced no result.

The mistrust between the two nations has now reached a point at which negotiations cannot move forward without intervention and mediation by a third party. It is therefore necessary for ASEAN to take more assertive action and help broker a solution for the conflict. The ASEAN principle of non-interference must be modified to meet this and other new challenges in the region.

http://www.phnompenhpost.com/index.php/2009111229502/National-news/asean-must-act-in-thai-cambodian-dispute.html

Thursday, 12 November 2009 15:03
Chrann Chamroeun

THE Battambang provincial court on Wednesday announced its decision to drop five-year-old trespassing charges against six villagers involved in a long-running land dispute.

But one of the men, community representative Chem Keo, remained behind bars awaiting a verdict from the Appeal Court on related charges.

“I announced a verdict to lift the illegal trespassing charges against the six men,” said Judge Duch Sok Sarin, though he declined to explain why.
Ho Chheng Ourn, a lawyer for Legal Aid Cambodia who is representing the families, said the judge had failed to give a reason when he read out the verdict.

The fight over 124 hectares of farmland in Battambang’s Thmor Kol district has dragged on since 1999, when Ieng Oeung filed a complaint against 38 families he accused of illegal trespassing. The families said they had been living on the land since the mid-1980s.

Authorities evicted the families in 2002. Since then, there have been five separate incidents of arrests after various evictees were allegedly caught trespassing on the land.

In addition to the 2004 charges that were dropped Wednesday, Chem Keo was also arrested along with four other men in 2006. The other four men were ordered to pay 10 million riels (US$2,409) each to Ieng Oeung and then released on suspended sentences. The Appeal Court said Tuesday that it would issue a ruling on the case on November 26.

http://www.phnompenhpost.com/index.php/2009111229497/National-news/bbang-villagers-freed.html

Thursday, 12 November 2009 15:03
Thet Sambath

Logger Death
The Ministry of Foreign Affairs is still waiting for an official reply from their Thai counterparts regarding a Cambodian man who was allegedly shot and killed by Thai border guards on October 19. Cambodia sent a diplomatic note to the Thai embassy on October 22, requesting an investigation into the death of 25-year-old Sim Bun Chhim. According to Cambodian officials, Thai forces opened fire on a group of Cambodian villagers while they were allegedly felling trees illegally in Oddar Meanchey province. “We are asking them to investigate the case and punish the perpetrators and prevent such acts against villagers in future,” said Foreign Ministry spokesman Koy Kuong.

http://www.phnompenhpost.com/index.php/2009111229495/National-news/logger-death-thais-silent-on-border-shooting.html

Thursday, 12 November 2009 15:03
May Titthara

MORE than 100 families living near Phnom Penh International Airport who are involved in an ongoing land dispute will take their protest to the steps of City Hall, representatives said Wednesday.

Families living along Russian Boulevard in Choam Chao commune received their first eviction notice from authorities in April. The final eviction notice was given out last Thursday, when Dangkor district Governor Kroch Phan informed residents that they had until December 11 to voluntarily dismantle their homes.

Kroch Phan said their removal is necessary for airport expansion and the construction of a public park. The families submitted a letter to City Hall on Monday but say they have yet to receive a reply.

“Now we are preparing to protest in front of City Hall because we want to have a meeting,” said resident representative Uth Teng Sakhorn, noting that no date for the protest had been set.

Fellow representative Chea Vuth said the families have always acted according to the law and will continue to do so by consulting with their lawyer first before staging a demonstration.

“We only want to find justice because they did an injustice to us,” he said.

Hem Darith, Dangkor district’s deputy governor, said officials had acted appropriately, and that they will carry out the evictions as ordered.

http://www.phnompenhpost.com/index.php/2009111229493/National-news/airport-families-plan-to-protest.html

Thursday, 12 November 2009 15:02 Vong Sokheng

TWO Cambodian fishermen sustained minor injuries on Tuesday night in a collision at sea after trying to disperse a group of Vietnamese boats they said were trespassing in Cambodian waters.

Neak Sen, a representative of 300 fishing families in Traey Koh commune, said that about 10 Vietnamese fishing boats were spotted off Karang Island in Kampot.

When local authorities ignored the vessels, his commune’s fishermen set out to turn them away. The collision occurred while the Vietnamese boats were making their getaway, he said.

He said the local fishermen were particularly angry that the two Vietnamese boats were using a pair of trawling nets, and that the others had set up electric luring lights – devices that have been banned in Cambodia in a bid to prevent overfishing.

“These illegal Vietnamese fishing incursions are not only hurting the local fishermen’s immediate livelihood, they’re also depleting the fish stocks and destroying the area’s coral reefs,” Neak Sen said.

Chiev Samith, deputy chief of Kampot province, said skirmishes between Cambodian and Vietnamese fishermen had been going on for several years, but that it was not a serious problem.

“Sometimes we arrest Vietnamese fishermen and sometimes Cambodian fishermen are arrested by Vietnamese authorities, but they are usually released after negotiations,” he said.

Nao Thuok, director general of the government’s Fisheries Administration, said he was not aware of the incident.

Although fishermen from each nation often stray into the waters of the other, he said, pair trawling – which uses a very large net strung between two boats – is illegal under Cambodian law.

http://www.phnompenhpost.com/index.php/2009111229489/National-news/two-injured-in-fishing-face-off.html

Dey Krahorm was forcibly evicted over 6 months ago (January 24), yet community representatives are still the victims of intimidation. Chan Vichet, Soun Sinet, Dam Saroun, and Khi Rin face trial on charges of defamation and forgery tomorrow at the Phnom Penh municipal courts.

Observers will be present to monitor the trial.

Wednesday, 11 November 2009 16:15
Cheang Sokha and James O'Toole

Move to further deepen diplomatic rift with Thailand

CAMBODIA rejected a formal request Wednesday by the Thai government for the extradition of visiting former Thai premier Thaksin Shinawatra, who faces a two-year prison term in Thailand after his conviction in absentia on corruption charges in 2008.

In a statement that followed through on a verbal promise the government has made repeatedly over the last few weeks, the Ministry of Foreign Affairs said it would not extradite Thaksin because the legal charges he faces in Thailand are “politically motivated”.

“The condemnation of HE Thaksin Shinawatra is logically the consequence of the military coup d’etat in September 2006, which resulted in his removal from the post of prime minister, while he was overwhelmingly and democratically elected by the Thai people,” the statement read.

Thai Foreign Ministry deputy spokesman Thani Thongphakdi said Thailand was mulling its options in the wake of the rejection.

“We have received a copy of the diplomatic note that the Cambodian side has sent to us and at the moment, our legal people are examining the details and the contents of the letter,” Thani said, adding that this legal team would then make a policy recommendation for the government to consider.

Thai Prime Minister Abhisit Vejjajiva has threatened to terminate the extradition agreement between Thailand and Cambodia in the event that a request for Thaksin is denied, though Thani said his government has not yet settled on a response.

“I think a review of all the agreements that we have is being examined. I don’t want to prejudge what the outcome of that review will be,” he said.

http://www.phnompenhpost.com/index.php/2009111129468/Online-Edition/cambodia-rejects-demands-to-extradite-thaksin.html