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Fire damages Yeo’s factory, but not sales

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Firefighters battle a blaze at an under construction Yeo’s beverage factory at Phnom Penh Special Economic Zone on Monday. Photo supplied

Cheng Sokhorng, The Phnom Penh Post
Wed, 7 September 2016

A fire that ripped through a Yeo’s beverage factory under construction in an industrial park on the outskirts of the capital on Monday caused damage to about a third of the structure, but would not impact the company’s local sales as production had yet to start up, sources said yesterday.

“We are selling our product as normal and the fire will not impact our market here because our production line is in Singapore,” said You Kimseng, sales manager of YHS (Cambodia) Food & Beverage Pte Ltd.

He declined to estimate the extent of the damage or whether it would delay the factory’s scheduled November 2016 opening.

YHS (Cambodia), a wholly owned subsidiary of Singaporean beverage giant Yeo Hiap Seng Ltd, is building its first Cambodian beverage plant on a 9.3-hectare plot it purchased in March 2014 in Phnom Penh Special Economic Zone.

The company has invested at least $7 million into the 40,000-square-metre production facility, according to its 2015 annual report.

Yeo Hiap Seng is best known for its Yeo’s brand line of Asian beverages, which include lychee, soya bean, winter melon and grass jelly drinks.

A municipal fire department official said preliminary investigations into the cause of Monday’s fire pointed to a spark from a welder’s torch falling into a pile of construction waste. Nobody was injured in the blaze.

“Between 30 and 40 per cent of the building was damaged in the fire, according to our initial estimate,” said Prom Yorn, director of the municipal fire department.

“The machinery was not damaged, but the building’s electrical wiring will need to be re-installed and it will need to be repainted.”

Yorn said he was unable to assess whether the factory owner would be able to complete the repairs in time for the scheduled opening.

“It depends on their negotiations with the contractor,” he said.

Ossified officer takes swipe at opposition

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Post Staff, Wed, 7 September 2016

A smashed police officer’s drunk-driving spree in Tbong Khmum province dealt another blow to the embattled opposition yesterday.

The officer, who apparently decided that Monday afternoon was a good time for a bender, accidentally smashed his car through a CNRP signpost before coming to a halt after colliding with a pagoda’s elephant statue.

The obliterated officer escaped with a few injuries. His Toyota Corolla was not so lucky.

Kampuchea Thmey

Vendor crackdown underway in Phnom Penh

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Balloon vendors waits for customers along Phnom Penh’s Sihanouk Boulevard yesterday. Heng Chivoan

Kong Meta and Andrew Nachemson
The Phnom Penh Post, Wed, 7 September 2016

Vendors are no longer allowed to sell on the capital’s busier thoroughfares, like those near the Royal Palace and Independence Monument, according to statements by Daun Penh District Governor Kouch Chamroeun yesterday.

In interviews with local TV channels posted on the official Daun Penh district Facebook page, Chamroeun said that the vendors create traffic congestion, especially in areas near tourist attractions. He also warned that gas tanks used by balloon vendors could explode, “causing accidents affecting tourists”.

As a solution, he suggested moving the vendors to other less busy locations, and maintained that police were not fining them.

“If it were Pol Pot, he’d have his own way of dealing with such a thing,” he said, in reference to repeat offenders.

However, his claims of foregoing fines were contradicted by multiple vendors yesterday.

Yart Thim, a 24-year-old who sells fried insects in front of the Royal Palace, said that the police had fined and detained him for the entire day multiple times. The fines ranged from $5 to $10, though Thim says he made about $50 to $100 a day.

“This is a convenient place where many drivers can stop and buy,” he said, explaining why he didn’t want to move.

To Chantha, a 29-year-old balloon vendor, claimed he was attacked by police with an electric baton. Chantha said police then took his money as well as his products.

“We are still struggling to earn a living peacefully because the police chase and disturb us,” Chantha said.

Fellow balloon vendor Khim Kee, 25, said she had become frightened of the police, before questioning Chamroeun’s logic for singling out balloon sellers.

“I have never heard of an explosion because of a balloon gas tank,” she said.

City Hall spokesman Mean Chanyada, meanwhile, seemed to contradict Chamroeun, saying that as long as balloon vendors respected public order they would be allowed to sell.

“But if they sell it in the street, we will call them in for education about not causing anarchy like that,” he warned.

“We are starting to prepare designated areas for people to sell goods near the Royal Palace”, he added.

A popcorn vendor, who asked to remain anonymous, said yesterday that police had already told her to sell farther from the road.

“They chase us as if we are selling drugs,” she said, stopping to help a customer driving by on a moto. “We are just selling corn in front of our house.”

ញត្តិ​សង្គ្រោះ​ជាតិ៖ នយោបាយ​ឡើង​កម្ដៅ​ស្នើ​ឲ្យ​មានអន្តរាគមន៍​ជា​បន្ទាន់ ពី​ប្រទេស​ហត្ថលេខី

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ព្រឹក​ថ្ងៃ​ទី​៥ ខែ​កញ្ញា ឆ្នាំ​២០១៦ កង​កម្លាំង​ចម្រុះ​រាប់​រយ​នាក់​ និង​រនាំង​ការពារ​ជាច្រើន​​​ បាន​ដាក់​ពង្រាយ​​បិទ​កំណាត់​​ផ្លូវ​ជាតិ​លេខ​២ ​មុខ​​ទីស្នាក់ការ​កណ្ដាល​បក្ស​សង្គ្រោះ​ជាតិ ខណៈ​ពេល​ដែល​សមាជិក​សភា​នៃ​​​គណបក្ស​នេះ​បាន​រក្សា​ជំហរ​របស់​ខ្លួន នាំ​យក​ញត្តិ​ដាក់​តាម​ស្ថាន​ទូត​ដែល​ជា​ប្រទេស​ហត្ថលេខី​នៃ​​កិច្ច​ព្រមព្រៀង​សន្តិភាព​ក្រុង​ប៉ារីស និង​បណ្ដា​ស្ថានទូត​អាស៊ាន​​ប្រចាំ​នៅ​កម្ពុជា។ ប៉ុន្តែ​ទោះ​ជា​យ៉ាង​ តំណាង​ក្រុម​​សមាជិក​សភា​នៃ​គណបក្ស​សង្គ្រោះ​ជាតិ​៨​រូប​បាន​យក​ញត្តិ​​​ដាក់​នៅ​​ស្ថាន​ទូត​នានា​​​​រួច​រាល់​ហើយ​កាល​ពី​ម្សិល​មិញ។ លោក​ស្រី​ មូ សុខហួរ ​​តំណាង​​ឲ្យ​ក្រុម​​សមាជិក​សភា​នៃ​គណបក្ស​សង្គ្រោះជាតិទាំង៥៥រូប​ ដែល​បាន​យក​ញត្តិ​ដាក់​នៅ​​ស្ថានទូត​អាល្លឺម៉ង់​​​បាន​ប្រាប់​ភ្នំពេញ​ប៉ុស្តិ៍​ថា

Pailin find sparks ‘gem rush’

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One of the men who has rented a tiny plot of land from a Pailin province farmer to mine for precious stones is seen panning for gems in an undated photo. Photo supplied

Khouth Sophak Chakrya, The Phnom Penh Post
Wed, 7 September 2016

An indebted farmer in Pailin province may have struck it rich after local villagers and police extracted precious stones allegedly worth up to $70,000 each from his 40-metre-by-100-metre property.

Chou Thy, 63, and his wife were $5,000 in debt to a microfinance institution after a recent drought destroyed their farm’s crops and made it impossible to sell corn and cassava. But their luck changed when, several weeks ago, neighbours discovered precious gems in the soil on their property in Pailin’s Sala Krao district. The couple decided to rent the land to neighbours who wanted to mine for gems and use the money to pay off their debt.

“I was worried about not being able to pay back my loan, but suddenly my neighbour asked if he could mine my soil for $20 per cubic metre,” Thy said, adding that his family is very poor and that he and his wife have 14 children – 10 of whom are unmarried and still dependent.
The family had been tilling the soil for years and had never found precious stones, he added. Thy’s neighbour, Chhorn Kea, 32, said that he decided to mine the property after discovering a purple stone worth $500 as he walked across the land. But Kea’s activities sparked a wave of excitement through the neighbourhood, prompting a mini gem rush.

“After I continuously found stones, other villagers and the police found out and also began to rent the land and mine for stones,” Kea said. “Someone found a good stone worth $70,000.”

Kong Norn, deputy police chief of Sala Krao district, said he rented 10 cubic metres of Thy’s land and found a huge stone, but it was only worth $1,800 because it was covered in cracks.

“So far, I’ve only mined around 3 cubic metres out of the 10 that I rented, so I hope I will find another good stone in the rest of the soil,” he said.Hoem Koeun, an official at the provincial police station, was the lucky neighbour who found the purported $70,000 stone, Norn added.

Koeun said yesterday that he had yet to sell the gem, but boasted, “My stone is seven carats.”

Despite the profitability of the flurry of activity, farm owner Thy said now that he’s paid off his debt, he and his family will stop renting the land to neighbours and will begin mining it themselves.

Pailin province is historically known for its precious gems and periodic illegal mining activity, and officials from the provincial Department of Mines and Energy paid a visit to inspect the site on Monday.

But Van Sira Ne, director of the department, said the activities on Thy’s property would not be banned as they are happening on a small scale on private land and not impacting the environment.

Meanwhile, Thy said he and his children have already found stones they believe are worth thousands of dollars. Nevertheless, he said they are not ready to give up their old way of life.

“I did not tell my children to quit farming,” he confirmed.

ខួប​លើក​ទី ២៦ របស់កង​វរសេនាតូចលេខ២៤៦ និង​ខួប​លើក​ទី ៨ នៃ​​បញ្ជា​ការដ្ឋាន​អង្គរក្ស

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ថ្ងៃ​ទី ០៤ ខែ​កញ្ញា​ ឆ្នាំ​២០១៦ កង​វរសេនាតូចលេខ ២៤៦ បាន​ធ្វើ​ពិធី​រំឭក​ខួប​លើក​ទី ២៦របស់ខ្លួន និង​ខួប​លើក​ទី ៨ នៃ​ការ​បង្កើត​បញ្ជាការដ្ឋាន​អង្គរក្ស នៅ​ទី​បញ្ជាការដ្ឋាន​​ក្នុង​​ក្រុង​តាខ្មៅ​។ កងអង្គរក្ស​​បាន​ហែរក្បួន​ព្យុហយាត្រា​​ ដោយ​មាន​​បង្ហាញ​ទាំង​សម្ភារ​យោធាដូច​ជា ​កាំភ្លើង​​ធំ រថក្រោះ​ រថពាស​ដែក ​និង​​អង្គភាព​ឯកទេស​រួម​ទំាង​ក្រុម​អន្តរាគមន៍​ប្រឆាំង​ភេរវកម្ម​ និង​អង្គរក្ស​ផ្ទាល់​ខ្លួន​របស់​លោក​នាយក​រដ្ឋមន្រ្តី។

CNRP calls for hundreds to rally outside HQ on day of Sokha's trial

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CNRP supporters mill around party headquarters in Phnom Penh on Monday. Heng Chivoan

The Phnom Penh Post, Wed, 7 September 2016

The Cambodia National Rescue Party is asking for hundreds of supporters and party officials to rally outside its headquarters on Friday, the morning of acting party president Kem Sokha’s trial for refusing to appear for previous summonses.

In a letter sent to City Hall on September 5, president of the party’s executive committee Morn Phalla informed City Governor Pa Socheatvong that supporters and party members, including parliamentarians and provincial officials, will congregate at the party’s office on National Road 2.

The two sides are scheduled to discuss the proposed gathering today, with Phnom Penh Deputy Dovernor Khoung Sreng saying authorities would not block the rally, though there could be restrictions on the number of supporters permitted.

“Without the [number of participants], it is difficult for Phnom Penh Municipal Hall to decide to allow the CNRP to gather,” Sreng said.

“Also, what is the CNRP’s intention [for the rally]? They have not said that clearly.”

With a guilty verdict seemingly foreordained, rumours have swirled of a possible imminent arrest of the senior opposition leader, though party officials yesterday said the gathering was being held to “observe” the situation and not necessarily to thwart that possibility.

“The rally is being held to be careful, because on that day is the trial of Mr Kem Sokha,” said CNRP lawmaker Ho Vann. “We’re concerned that he would get arrested, therefore [they] come to observe.”

“We don’t know how many people will join the gathering because it is up to the supporters,” he added. “We will only observe [the court proceedings], and have requested they do not abuse the law or constitution.”

Reached last night, National Police spokesman Kirth Chantharith flatly denied an arrest was in the works.

Chantharith said he had spoken to “law experts” who had told him that a sentence in absentia left room for an appeal process and didn’t necessitate an immediate arrest.

“He [Kem Sokha] will not be arrested, because he has the opportunity to file an appeal,” he said. “People should not worry that he will be arrested and this will not happen.”

He added, however, that protesters would still be expected to mind their behaviour.

“Protecting him is their right, but the law is law, and [authorities] can implement the law.”

The CNRP’s request to rally follows one sent last week that sought permission for its lawmakers to submit petitions to a number of embassies on Monday. The city’s subsequent rejection of the request and blocking of National Road 2 resulted in major traffic jams on Monivong and Norodom Boulevards.

However, Sreng refused to comment on what action the authorities might take if CNRP failed to control the potential crowds on Friday, saying that, too, was up for discussion at today’s meeting.

Interior Ministry spokesman Khieu Sopheak could not be reached for comment on what measures might be taken for Friday’s rally.

Party whip Son Chhay said the government would be “scared” to repeat a blockade of National Road 2, because it generated a lot of anger among the capital’s residents – many of whom are opposition supporters.

Yesterday, Sokha’s legal team filed a complaint with the Supreme Court challenging the municipal court’s rejected by the Appeal Court on Monday. They also went back to the Appeal Court, asking for a postponement of Friday’s trial.

Separately, the UN High Commissioner for Human Rights issued a statement expressing concern at what it termed an “atmosphere of intimidation” against the opposition, one compounded by military officials using rhetoric to defend the ruling party against the opposition.

It also called cases against Sokha, opposition politicians and activists as having “procedural flaws” and raised questions about the “fairness” of the proceedings.

Reacting to the release, government spokesman Phay Siphan said the UN had always been biased when putting out such statements and had never admonished the CNRP when they “were breaking the law” after the 2013 elections.

“The UN should respect the choice of Cambodia to enforce the rule of law, and can help us maintain peace and rule of law,” he said. “But the UN shows different approaches to [enforcing] the rule of law.”

Case Against Manet Flawed, Says Lawyer

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Hun Manet has had a complaint filed against him in the United States. KT/Mai Vireak
Khmer Times/Alan Parkhouse Tuesday, 06 September 2016

An American lawyer hired by Prime Minister Hun Sen’s eldest son Hun Manet yesterday cast doubt over a complaint filed in a United States’ court against his client by Cambodia National Rescue Party (CNRP) official Meach Sovannara, saying the civil case had a large number of flaws.

Mr. Sovannara, who is also a US citizen, was sentenced to 20 years in prison after being found guilty of insurrection after a protest he was attending in Freedom Park in 2014 descended into a street brawl between opposition supporters and government-sponsored security guards.

He has filed a complaint in a US court against Mr. Manet and the Cambodian government alleging “torture through arbitrary, extra-legal and long-term detention.”

Christopher Beres, an experienced US trial attorney and former prosecutor with offices in Phnom Penh, told Khmer Times that the complaint filed in the US District Court of California in Los Angeles by Morton Sklar, Mr. Sovannara’s US lawyer, lacked credibility.

Mr. Beres and Mr. Manet’s American lawyer John Purcell have already filed a motion to the court to dismiss the case.

A major flaw in the case against Mr. Manet, a general in the armed forces, was whether the court has jurisdiction over a Cambodian citizen or foreign citizen, plus there was a lack of hard facts to support the case, he said.

“Mr Sklar, the plaintiff’s attorney, has misrepresented the court’s rulings and the procedural status of the case to the public,” he said. “As an officer of the court, he should know better. His public statements undermine his credibility and negatively impact the administration of justice.

“The plaintiff has not won anything; instead, the plaintiff has represented to the US court that he doesn’t have the facts to establish the court’s jurisdiction. It’s a wonder how the plaintiff’s attorney could in good faith file the complaint without the facts to support the court’s jurisdiction.

“At this point, the plaintiff has failed to supply any factual basis to the US court to be able to compel General Manet to participate in the litigation commenced by the plaintiff,” Mr. Beres added.

Getting foreign citizens to appear in US courts is no easy matter, and in a civil case like the one filed against Mr. Manet, the court has to decide on a number of factors, Mr. Beres pointed out.

“It’s a civil case and not a criminal case,” he said. “A civil case is begun in a US court by filing what’s called a complaint. A complaint contains allegations against the named defendant in the case.

“In the US legal system it’s almost too easy to begin a case in the US federal court system or the state court system, and what I mean by this is that a party can begin a case with allegations alone and there’s no requirement to support those allegations with a factual basis at the time of filing. They’re not substantiated in any way.

“So all that’s required is allegations and the court clerk will accept the complaint and then it goes on from there. But the factual basis that needs to be set to support allegations in any complaint happens way down the road. We’re not at that stage in this case – we haven’t really begun the case, although it has been formally initiated by the filing of a complaint. Really, nothing has happened.”

Mr. Beres, a veteran of the United States’ legal system, dismissed stories in some of the local media as uninformed and said people in the Kingdom should be aware of the facts about the case.

“I’d like the Cambodian public to understand how the process works in the United States. When a complaint is filed with the clerk of court, it goes to a judge who doesn’t even look at the complaint for factual basis, so there’s no factual basis given at the time of the submission itself – just pure allegations,” he said.

“The court then allows the case to proceed to the next step. Obviously in this case the defendant is General Manet, a Cambodian citizen. In any case involving a foreign citizen, the first question that the court must decide is jurisdiction.

“Does the court have jurisdiction or authority to compel that foreign citizen to appear in a US court? Can the court compel that foreign citizen into the federal court?

“In order for a US court to have jurisdiction or authority to compel a foreign citizen into its court, the court needs to be presented with certain evidence, and that’s the burden of the plaintiff.

“The plaintiff, for example, might say this foreign citizen has a home or property within that jurisdiction in the United States or he has a business within that jurisdiction in the United States. It’s for the plaintiff to demonstrate this to the court in order for the court to have any kind of authority over a defendant.

“The idea is that if you take benefits from the jurisdiction, if you own property or a home or you do business there, you’ve already submitted to the laws of the jurisdiction. General Manet did respond properly to the complaint itself.

“He did that by filing a motion to dismiss based on lack of jurisdiction to compel him into the US federal court system and his position is that he has no ties, no contact with this particular court in California – he does not have property there, he has no homes there, he has no bank accounts there. He has nothing there.”

According to Mr. Beres, not only does Mr. Manet have no ties that oblige him to appear in federal court in California, under US law Mr. Manet should have been given documents known in US legal terms as “service of process,” in other words personally handed documents informing him of the case.

There have been some media reports that US process server Paul Hayes attempted to hand documents related to the case to Mr. Manet when he was in the US in April and allegations that Mr. Hayes was assaulted by Mr. Manet’s bodyguards while trying to deliver those papers, but Mr. Beres says he is not aware of any ongoing criminal case related to the purported service of process.

“The issue before the court right now to decide is not the merits of the complaint – the allegations are not the issue right now,” he said. “The plaintiff’s case is based on the fact that General Manet was in California on a goodwill mission and apparently there was an attempt at service of process – someone has to personally deliver a complaint – to put General Manet on notice that there is a court case against him.

“General Manet’s position should be clear to all. He had no knowledge that this lawsuit had been initiated against him before he visited California. And he had no knowledge that someone was attempting to serve him papers when he was at functions in California. He learnt all about this when he saw the article in the newspaper on April 10, 2016.”


Black Monday No 18 in Dr KEM LEY remembering and a message to Hun Sen

Files focus on forced marriages under Khmer Rouge

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Then-Prince Norodom Sihanouk (right) attends a meeting with Khieu Samphan (left), Ieng Sary (far left) and other cadres in 1973. AFP

Erin Handley, The Phnom Penh Post
Wed, 7 September 2016

The Khmer Rouge “twisted” marriage to increase their revolutionary population, in effect legitimising rape, according to key documents presented at the Khmer Rouge tribunal yesterday.

The prosecution drew on statements and speeches by Khmer Rouge leaders Pol Pot and Ieng Sary – a defendant in Case 002 until his death in 2013 – to argue forced marriage took place in the context of a concerted campaign to more than double the population from 8 million to 20 million in 10 years.

Among the evidence presented yesterday were the resurrected words of the late King Norodom Sihanouk who, despite having aligned himself with the regime, during provincial travels with Case 002 co-defendant and former head of state Khieu Samphan, contemplated the “horrors” of the regime wedding young women to soldiers maimed in battle.

“My wife and I trembled at the idea of such marriages. The Frankenstein of the films of horror could not have imagined such monstrosity,” prosecutor Vincent de Wilde read of Sihanouk’s observations. “Certainly the authentic heroes [who] were physically diminished deserved all our respect and all our compassion, but to accept the . . . idea of sacrificing gentle virgins . . . on the altar of such a form of patriotism, there is a gap that our spirit cannot fill.”

Samphan, Sihanouk said, maintained that the unions weren’t “forced”, but rather the young women possessed a “heightened patriotic spirit” and accepted their marriages to take care of war heroes.

The prosecution also pointed out fellow co-defendant Nuon Chea’s own marriage was made for revolutionary, rather than personal, ends.

A snippet from the 2012 documentary Red Wedding was screened during the hearing, with Pol Pot’s speech overlaid with footage from Khmer Rouge propaganda videos. “We’re still far from the potential of our country . . . Our goal is to increase the number of people as soon as possible,” the subtitles read.

Reproduction was a primary purpose of marriages arranged by the regime, according to a report by Bridgette Toy-Cronin about sexual violence in Democratic Kampuchea. “Forced sex was a necessary part of the marriage . . . even those who did not experience violence felt pressure to have sex with their spouses,” she wrote.

“Forced marriage was used to legitim[ise] rape.”

Referring to the work of journalist Elizabeth Becker, the prosecution pointed out the contradictions in the regime’s repopulation policy.

“The Khmer Rouge were schizophrenic about sex and procreation,” Becker wrote, highlighting that sex outside of marriage was punishable by death. And at the same time, the regime sought to rapidly increase their revolutionary ranks, she noted, “The birth rate dropped dramatically.”

“Many women stopped menstruating entirely, partly because of malnutrition, partly because of the trauma.”

ទឹកដីខ្មែរបាត់បង់ក៏ដោយសារយើង បានមកវិញក៏ដោយសារយើង សូមកុំបន្ទោសបរទេស

Cambodia: Drop Case Against Opposition Leader

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After his party’s poor showing in the last national elections, Prime Minister Hun Sen is using every trick in the book to neutralize the opposition before the 2018 elections. Brad Adams, Asia Director
Charges Against Kem Sokha Part of Pre-Election Campaign of Persecution

Human Rights Watch, September 6, 2016

Kem Sokha is interviewed at CNRP headquarters in Phnom Penh on June 23, 2016. © 2016 Reuters
New York – The criminal trial of an opposition party leader is part of an increasingly violent Cambodian government campaign to prevent free and fair elections in 2018, Human Rights Watch said today. The scheduled September 9, 2016 trial of Kem Sokha, acting head of the Cambodia National Rescue Party (CNRP), violates his parliamentary immunity under the Cambodian constitution.

“The Kem Sokha case is but the latest politically motivated prosecution targeting Cambodia’s political opposition, human rights workers, social activists, and public intellectuals,” said Brad Adams, Asia director. “After his party’s poor showing in the last national elections, Prime Minister Hun Sen is using every trick in the book to neutralize the opposition before the 2018 elections.”

Cambodian authorities should drop the case against Kem Sokha, release all political prisoners and detainees, and end all political repression to make free and fair elections possible.

Government-controlled courts indicted Kem Sokha for failure to comply with a prosecutor’s summons to appear at the Phnom Penh court on May 26 as a witness in a frivolous case brought against other CNRP members. The indictment and trial violate Cambodia’s constitution, which provides for parliamentary immunity for members of the National Assembly unless two-thirds of the members vote to lift immunity.

Kem Sokha has been acting leader of the CNRP since original party leader Sam Rainsy decided to remain outside the country rather than be imprisoned for his conviction in absentia on trumped-up charges. Two opposition members of parliament are in prison, as are at least 17 local party officials and activists. At least 10 more opposition parliamentarians are facing charges. Over the past year, authorities have tried, charged, or placed under investigation at least 22 activists from human rights organizations, trade unions, and other groups in politically motivated cases. On July 10, Kem Ley, a frequent critic of the government, was assassinated in broad daylight in Phnom Penh.

In June and July, Prime Minister Hun Sen publicly called for Kem Sokha’s arrest, including at a Cambodian People’s Party Central Committee meeting. He also gave instructions to file cases against other CNRP figures. The courts used the pretext of an affair between Kem Sokha and a hairdresser, Srey Mom, to allege that two other CNRP parliamentarians were involved in “procurement for prostitution” because they facilitated the purported affair, which the authorities are claiming was a relationship of prostitution. Prostitution is not illegal in Cambodia, but procurement is a criminal offense. Srey Mom originally denied any relationship with Kem Sokha, but is now presenting herself as a victim of alleged procurement.

Kem Sokha, in declaring in advance his refusal to appear as a witness on May 26, cited his parliamentary immunity. Article 80 of the 1993 constitution prohibits the prosecution, arrest, placement in custody, or detention of members of the National Assembly and Senate. The authorities asserted a spurious claim that his non-appearance was an “in flagrante delicto” offense, which, under the constitution, voids parliamentary immunity. Under general criminal law, catching persons in the act of committing a crime allows for the police to carry out an arrest immediately, without a warrant. The authorities’ claim that Kem Sokha’s actions amounted to an offense in flagrante delicto merely exposed the politically motivated aim to arbitrarily void his parliamentary immunity.

Since May 26, Kem Sokha has been under de facto house arrest in the CNRP headquarters, as Hun Sen and other government officials have said he would be arrested if he appeared in public. Kem Sokha reportedly left the CNRP headquarters only once since then, to participate in a July 24 march by several hundred thousand people to mourn and protest the killing of Kem Ley.

On June 14, a television station owned by Hun Sen’s sister, Hun Mana, broadcast that “public forces” – which include all branches of the armed forces – would be used to arrest Kem Sokha whenever ordered by a court. In a speech published on August 29 by a pro-government website, armed forces chief of staff Gen. Kun Kim reiterated that military forces would be used to seize Kem Sokha. On August 31, armed forces helicopters, gunboats, and masked troops armed with assault rifles conducted “exercises” immediately above and around CNRP headquarters. Spearheading this show of force were elements of Hun Sen’s personal bodyguard unit, which recently was implicated in political violence against two opposition parliamentarians in October 2015.

In justifying violent action against opposition parties in the past, Hun Sen has dismissed them as mere “mosquitoes,” while declaring they must not merely be batted away but killed with the equivalent of a “political nuclear attack.” Alluding in June 2016 to CNRP criticisms of his rule, the prime minister argued that “if someone pokes you in the side, you are right to punch them in the face.”

Deploying armed forces to enforce an arrest order or otherwise take part in law enforcement is contrary to international best practice and facilitates human rights violations. Military forces are trained and equipped for battlefield operations, not for engaging in policing in a rights-respecting way. A review of Cambodian media reports revealed only one recent instance of the military used for law enforcement, when in 2014 a provincial court tried a case of alleged armed offenders who had created a battlefield-like situation.

“Hun Sen’s threat to deploy helicopters and gunboats to arrest an opposition politician is both an outrageous act of intimidation and a signal of his determination to use military force to stay in power,” Adams said. “Foreign governments and donors should use their considerable leverage to stay his hand and give democracy a chance, but they need to act urgently and jointly to succeed.”

សំណាញ់លួស រាំងផ្លូវ (ដោយ ខូ-តារាឫទ្ធិ)

How China Came to Dominate Cambodia

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How Cambodia went from denouncing China to being Beijing’s most faithful client state.
But it wasn’t always the case. To retell a clichéd contradistinction: in 1988 Hun Sen described China as “the root of everything that is evil” in his country. Twelve years later, China was Cambodia’s “most trustworthy friend” according to the prime minister. What explains this volte-face? How did China go from the serpent in Cambodia’s Eden to its trust guide?

The Diplomat, by David Hutt, September 01, 2016

Was Cambodia paid off?

In June, it reportedly forced ASEAN to retract a strongly-worded statement on the South China Sea dispute, irking many of its regional partners. (It did the same in 2012.) A few days later, China promised Cambodia another $600 million in aid and loans. Prime Minister Hun Sen claimed the allegation his government was ‘bought’ was not “fair for Cambodia,” adding: “I will not allow anyone to insult the Khmer nation. I am not supporting any one country.” However, the Chinese government certainly thought Cambodia was being deferential. The outgoing Chinese ambassador to Cambodia, Bu Jianguo, lauded Cambodia’s “neutral and fair stance over the South China Sea issue.” She added: “Not only the government of China, but also millions of our people appreciated Prime Minister Hun Sen’s stance.”

With the ASEAN and East Asia Summits fast approaching, the prevailing expectation is that Cambodia will once again earn China’s ‘appreciation’ by blocking any unified movement on the South China Sea issue.

In recent months, the Cambodian government has engaged in much encomium over China. On August 3, Deputy Prime Minister Hor Namhong stated that Cambodia’s development “could not be detached” from Chinese aid. Council of Ministers spokesman Phay Siphan enthused: “Without Chinese aid, we go nowhere.” Such remarks are clear examples of just how close Cambodian and China have grown.

But it wasn’t always the case. To retell a clichéd contradistinction: in 1988 Hun Sen described China as “the root of everything that is evil” in his country. Twelve years later, China was Cambodia’s “most trustworthy friend” according to the prime minister. What explains this volte-face? How did China go from the serpent in Cambodia’s Eden to its trust guide?

A little history is necessary. In 1958, five years after Cambodia gained its independence, Norodom Sihanouk formally established ties with communist China. (Sihanouk came to the throne in 1941, and ruled either as king or chief of state until 1970). Aid began flowing southward into Cambodia, used by Sihanouk to secure his country’s neutrality between United States and the Soviet Union, along with Moscow’s partner, Vietnam. However, after renouncing U.S. aid in 1963, Sihanouk moved closer to China and the communist bloc than the word “neutrality” would allow. For China, Cambodia provided a stable base to expand its influence in Southeast Asia.

Geopolitics, of course, were certainly at the foreground of this relationship, but so too were personal friendships. An insightful essay by Julio A. Jeldres, Norodom Sihanouk’s former private secretary, published in 2012, tells of the rapport between the Cambodian leader and China’s then-premier Zhou Enlai, which began after their first meeting in 1955. Above all, flattery was the order of the day, and “Sihanouk was impressed by Zhou’s courtesy, which made him feel that much smaller Cambodia was on a par with ‘great China’ and that he and Zhou were equals,” Jeldres wrote. Nor to be overlooked was the importance of the Chinese community in Cambodia. “Relations between [the] majority community and the Chinese [local population] are probably better than in any country in Southeast Asia,” wrote William E. Willmott in his 1967 book, The Chinese in Cambodia.

The emergence of the Khmer Rouge, however, proved problematic. Because of China’s support for the KR, Sihanouk initially severed ties with the PRC. But they were reinstated when, following a coup against him in 1970, Sihanouk became the public face of the KR from his home in Beijing. When the Pol Pot regime finally fell in 1979, four years after taking power, following Vietnamese liberation or invasion (depending on who you ask) Cambodia could not escape cold-war rivalry. The U.S. and China, now allies, opposed the Vietnamese-backed government, led by Hun Sen, effectively from 1985 onward. Instead, they supported the Coalition Government of Democratic Kampuchea, a “government-in-exile” composed of unlikely bedfellows: the Khmer Rouge, the royalist Funcinpec party, and the Khmer People’s National Liberation Front, an anti-Vietnamese, anti-Communist force. China wanted a government led by Sihanouk, its old friend. ASEAN (comprised of Brunei, Indonesia, Malaysia, the Philippines, Singapore, and Thailand in 1985) was in solidarity with the United States. The Soviet Union was in solidarity with Vietnam and, therefore, the Hun Sen regime. An impasse, to say the least.

But then cracks began. Thai Prime Minister Chatichai Choonhavan broke with the ASEAN line and embraced the Hun Sen government in 1988. This was aided by the normalization of relations between the Soviet Union and China. Then, on September 26, 1989, the last Vietnamese troops withdrew from Cambodia and, two years later, the four Cambodian factions (the Hun Sen government plus the previously mentioned three composites of the Coalition Government of Democratic Kampuchea) met in Paris to end the Cambodian civil war.

A brief transitionary task force led by the UN oversaw Cambodia’s shift from a nominally socialist state to a nominally democratic one, and work began on organizing an election. However, Hun Sen kicked up a fuss over the 1993 elections, won by Funcinpec and its leader, Prince Norodom Ranariddh, with Hun Sen’s Cambodian People’s Party (CPP) coming in second. An arrangement was made for both Hun Sen and Ranariddh to serve as prime ministers, with the CPP and Funcinpec sharing power in government. It was far from the best option, and, as the former American diplomat Timothy Carney put it, “everybody was basically tired of the whole thing and wanted to create a fix that Cambodians could live with.”

The watershed years of new Chinese-Cambodian relations came in 1996 and 1997. On July 18, 1996, Hun Sen was invited for a state visit to Beijing. China sent a plane to collect him, impressing the prime minister. Before boarding, he announced that the visit would end “the suspicion of the past.” During the next five days, he met with President Jiang Zemin and Premier Li Peng, signed a new agreement on trade and investment, and established an accord for members of the CPP and the Communist Party of China (CPC) to meet. But most significant was that China had not invited officials from Funcinpec to join the traveling delegation of the Royal Government of Cambodia. This snub wasn’t accidental, nor petty. China had justifiably reasoned that Hun Sen was the man it could do business with in Cambodia. (Also in 1996, Hun Sen oversaw the defection of the Khmer Rouge’s Ieng Sary, signalling its end, and Cambodia formally severed ties with Taiwan, communist China’s long-standing enemy.)

Buoyed by his visit to China, and, perhaps confident of its patronage, in July 1997 Hun Sen launched a coup against Funcinpec, ousting the party’s politicians from the power-sharing government. Western donors cut all but humanitarian aid and chastised the CPP’s takeover. ASEAN suspended Cambodia’s membership in the bloc, expected the following month. China, however, quick to an opportunity, carried on regardless, supplementing Cambodia’s financial shortfall with its own aid. The events of 1997 provided Hun Sen with confidence that China would stand by his government when Western nations put their foot down, however timidly — and Beijing would increase its aid in doing so. Any autocrat would be happy with a friend like China.

In foreign affairs circles there is a cliché of tails wagging dogs.” And in common parlance there is the invective of “biting the hand that feeds.” In its relationship with the United States, the Hun Sen government likes to think it’s doing the former and be seen doing the latter. A gulf also exists in the U.S. stance on Cambodia: the Obama administration (much like earlier administrations) has oscillated between pragmatism and idealism, a mismatch seldom effective. When the president paid a visit to Phnom Penh in November 2012, U..S politicians urged him to publicly address human rights abuses when meeting Hun Sen. This he was said to have done, though at a rather brief meeting with the primer minister. Today, following the arrest of opposition lawmakers andcivil society workers and the killing of political commentator Kem Ley, the United States still resists taking a strong position on the Hun Sen government. One suggestion is that it prefers a stable Cambodia to a democratic Cambodia, a similar sentiment expressed in the early 1990s. Another is that it has resisted imposing sanctions on Cambodia lest it forces Phnom Penh even closer to China. This Hun Sen knows and manipulates to his own benefit.

However, if Sihanouk used China in the 1950s and 1960s to advance neutrality, Hun Sen cannot be said to be doing the same. He has boasted in the past that “Cambodia cannot be bought.” Few would take him at his word. “Cambodia is increasingly seen as an extension of China’s foreign policy,” Sophal Ear, an Associate Professor of Diplomacy and World Affairs at Occidental College, California, told The Diplomat. “A country that does not have its own foreign policy is a colony of another country, no?”

The U.S. remains Cambodia’s largest export market, but in recent years China has taken the mantle of its largest provider of foreign aid. “[While] Beijing’s giant state corporations have invested billions of dollars in dams, oilfields, highways, textile operations, and mines, it is the low-profile, family-owned Chinese firms that have come to dominate the Cambodian investment landscape,” wrote Sigfrido Burgos and Sophal Ear in their essay, “China’s Strategic Interests in Cambodia: Influence and Resources.” A short drive through Phnom Penh reveals an abundance of Mandarin-inscribed posters boasting construction of everything from luxury condos and non-pot-holed roads to cancer hospitals. Few would reject the suggestion that Chinese aid has been instrumental in Cambodia’s economic growth, though not its political maturity. But the way is does so is hardly new. Consider the following passages taken from an essay written by Alain-Gerard Marsot, titled “China’s Aid to Cambodia,” published in 1969:

“For Chinese aid, though ostensibly without strings, was a means of increasing Chinese influence in that country [Cambodia].”

“There is the inclination of Chinese aid towards programs of industrialization.”

“Cambodia can be used by China as a spokesman on the international level.”

“It must not be forgotten that aid contributes to establishing and consolidating markets and, above all, that Chinese aid is motivated by political considerations of influence and prestige. These considerations are undoubtedly linked to her aim of displacing the Soviet Union in the underdeveloped countries, especially in Asia.”

Granted, I have selected these quotes out of a paper of several thousand words. But if one was to substitute “Soviet Union” in the last passage for “the United States,” or simply “the West,” a great deal of continuation can be seen in how China approaches financial assistance to Cambodia.

“If any modern relationship between China and a Southeast Asian country smacks of the old ‘tributary system,’ it is the one between Beijing and Phnom Penh,” wrote the retired diplomat and professor Bronson Percival in his 2007 book, The Dragon Looks South: China and Southeast Asia in the New Century. Indeed, Cambodian politics is ruled by a patronage network where money floats all the way to the top, seldom trickling down, and where one’s position rests on the backing of a superior. The relationship between Cambodia and China is analogous. Aside from aligning with its foreign policy, Cambodia is also essential for Chinese capital. Writing specifically about China’s Belt and Road Initiative, one of the largest infrastructure projects in history, connecting China to East Africa and Eurasia, Gal Luft, Co-Director of the Institute for Analysis of Global Security, stated in the recent issue of Foreign Affairs:

“[The] unstated goal is… to save China from the economic decline that its slowing growth rate and high debt levels seem to portend. The infrastructure initiative, China’s leaders believe, could create new markets for Chinese companies and at the same time provide a shot in the arm to the struggling banks and state-owned enterprises whose disgruntled bosses might otherwise trouble the current leadership of the Chinese Communist Party.”

A verbatim statement could be made of China’s economic interests in Cambodia. Foreign aid flows one way, and profits the other. What’s more, Cambodia, as with much of Southeast Asia, is also essential to China as a provider of cheap energy. Laos is gradually becoming the “battery of Southeast Asia,” according to the cliché, and a great deal of that energy heads north of the border. Pundits have also described China’s now stalled dam-building efforts in Myanmar as an overt means of producing cheap electricity for its own population. Dams are also being constructed along Cambodia’s portion of the Mekong River, while China has also shown its interest in the long-vaunted game of Cambodian oil. “China has allegedly acquired the rights to offshore Cambodian oil fields by purchasing a firm with pre-existing claims. Recent geological work suggests that significant amounts of oil and gas may reside underground throughout Cambodian territory,” wrote Burgos and Ear. Given that the Cambodian National Petroleum Authority, the administrator of oil contracts, is in the hands of the prime minister, China would have a willing sponsor. (On a smaller note, if the Phnom Penh grapevine means anything, then an additional bonus is Cambodia’s ranking as the highest-risk nation in Southeast Asia, and sixth globally, for money laundering, according to the 2016 edition of the Basel Anti-Money Laundering Index.)

In his book, Percival described China as “the prime guarantor of Cambodia’s national security.” Rather, more accurately, China could be said to be the prime guarantor of the CPP’s security. It has allowed Hun Sen to rule in a way that would have resulted in sanctions and international censure from the other countries. Even the threat of China has meant Western nations are lax on challenging his rule. More important, however, is that China’s money and infrastructure developments have provided a semblance of economic progress in Cambodia. One might be inclined to say that many voters care more about tarmacked roads and cheap imports than Cambodia’s international diplomacy, or, abhor the thought, democracy. (Though such an interpretation can be exaggerated.)

Looking ahead, nothing indicates the current Cambodian government will change its attitude, unless to harden it. But it’s seldom acknowledged that it isn’t only the CPP that has thrown its support behind China, albeit for different reasons. The largest opposition party, the Cambodia National Rescue Party (CNRP), tilts almost stumblingly to the West. Its president, Sam Rainsy, is currently in self-imposed exile in France, where he lived for much of his early life, and during his three previous stints in exile. In 2014, the CNRP’s vice-president Kem Sokha said in no uncertain terms that “we don’t want to be ally with the communist like Red China. We want to be a USA ally.”

But the CNRP’s pro-Western, anti-China stance crumbles when its bête noire comes into question. Its anti-Vietnamese rhetoric is well-documented and, back in 2014, Sam Rainsy stated clearly: “We are on the side of China, and we support China in fighting against Vietnam over the South China Sea issue… The islands belong to China, but yuon is trying to occupy [the islands] from China, because yuon is very bad.” Sam Rainsy claims the word yuon, a reference to Vietnam or Vietnamese, is not derogatory, though many believe it is. (You can take the temperature of a politician who descends so quickly down the “an enemy of my enemy is my friend” line of reasoning.) Three years on, following July’s settlement of the Philippines’ South China Sea arbitration case at The Hague, CNRP spokesman Yim Sovann took a less impassioned position when, responding to the news, he said: “I think the CNRP do not consider anyone an enemy. When we’re in power, we’ll develop cooperation through mutual respect.”

Nevertheless, the CNRP’s chauvinism would certainly pose difficulties if its natural ally, the U.S., calls on the party to support its position on the South China Sea dispute. If China is correct that Vietnamese-claimed islands are its own, why shouldn’t it also be so for those claimed by the Philippines?

If the CNRP wins the 2018 general election (or if the CPP is willing to hand over power) it appears uncertain how Cambodia’s relationship with China would develop. As Myanmar’s National League for Democracy (NLD) found out following its victory at the polls last year, the natural inclination for “pro-democracy” parties to gravitate closer to the United States proves problematic when in power. That Suu Kyi chose Beijing, not Washington, as the first major capital she visited after the NLD’s victory meant a great deal. In any case, 2018 will be yet another watershed year for Sino-Cambodian relations. If the CPP wins, it seems almost certain that relations will continue as normal. If the CNRP does what seems highly unlikely and forms a government, the relationship will certainly be under debate.

David Hutt is a journalist and writer based in Phnom Penh, Cambodia.

Top cop floats leg up for family members

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[National Police Chief Neth Savoeun]
[National Police Chief Neth Savoeun]
Mech Dara, The Phnom Penh Post
Wed, 7 September 2016

National Police Chief Neth Savoeun has appeared to acknowledge rampant nepotism within the police force, calling for slightly stricter regulations going forward, but nonetheless saying children and relatives of civil servants should still be prioritised for police positions over other candidates.

In remarks given at a National Police meeting on August 26, a recording of which was obtained yesterday, Savoeun seemed to be giving his subordinates guidelines on how to prioritise relatives without completely disregarding official standards. “If they are a little heavy or a little too light or a little short, we can take them,” he said.

But Savoeun warned against taking candidates that are blatantly unqualified, saying if the candidates are “round potatoes” they should let them pass or fail the test on their own merit.

He also acknowledged that, in the past, he had intervened for family members of civil servants, signing forms allowing them to become police officers.

“I am bored of signing them,” he said, claiming a signature alone should no longer be enough to enter the force.

He went on to say family members of cops and other civil servants must still take formal exams, but if they get an equal score to another candidate, they should be given priority. “They can take them first because they are children of our officials.”

Attempts to reach Savouen were unsuccessful yesterday.

CNRP chief whip Son Chhay said he was unsurprised by the comments, but was nonetheless concerned to hear how far corruption had penetrated, adding that the potential for nepotism was “wrong” and “unlawful”.

Additional reporting by Andrew Nachemson

Ley murder added to complaint filed at ICC

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Mourners surround a car carrying the body of Kem Ley during his funeral in July. Heng Chivoan

Cristina Maza, The Phnom Penh Post
Thu, 8 September 2016

Richard Rogers, the British lawyer who has filed a complaint asking the International Criminal Court (ICC) to investigate Cambodia’s “ruling elite”, said he will request that the court expand the case to include the July murder of prominent political analyst Kem Ley.

“We won’t make accusations against anyone in particular, but it fits into the category of a politically motivated murder, so it’s relevant to the ICC case,” Rogers said, adding he hopes to file a new brief in October.

The complaint, which was filed in 2014, requests that the ICC investigate the assassinations of dissidents and systematic land grabbing by the country’s ruling elite. It’s unclear when the court will decide on whether to add the case to its preliminary examination list, the important first step that launches an ICC investigation.

Nevertheless, Rogers said he has received unofficial notice from the court that a decision could be made by year’s end.

But international criminal law expert William Schabas said it could be difficult for the case to make the list. “If the prosecutor thinks the case is serious enough then it can make the list,” explained Schabas.

“But it’s a big job to sort the serious from the less serious, and even when you get to the more serious, you have gang wars and people getting killed and sometimes those cases don’t make the cut.”

Government spokesman Phay Siphan, meanwhile, said officials were not paying close attention to the case. “I don’t think they can blame the government for this murder.”

Timber busts Mondulkiri sees string of seizures

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Mech Dara, The Phnom Penh Post
Thu, 8 September 2016

Mondulkiri customs officials yesterday confiscated dozens of pieces of high-grade luxury timber, according to military police.

Sak Saraing, provincial military police chief, said customs officials confiscated about 1 cubic metre of wood and the vehicle that was transporting it in O’Raing district.

“We just helped them [custom officers] take the car and the wood, and we did not see the driver,” he said.

Though, local media had reported that the driver of the vehicle was transporting the wood to Vietnam to sell it, authorities couldn’t confirm that yesterday.

In a separate case, also in Mondulkiri, environmental officers confiscated 14 pieces of wood at the Keo Seima Wildlife Sanctuary in O’Raing district on Sunday, according to Hean Sa Khon, deputy director of the provincial environmental department.

“When our forces arrived, the suspect . . . ran away,” he said, adding authorities made a report and sent it to the provincial court.

In yet another case in O’Raing district, local media reported that on Saturday, officials confiscated 30 pieces of wood in a forest near National Road 76.

ERA raises concerns for voter registration

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People wait in line at a voter registration station in Phnom Penh this week to register ahead of the upcoming elections. Photo supplied

Bun Sengkong, The Phnom Penh Post
Thu, 8 September 2016

A recent military show of force and a politically motivated road blockade may have had the effect of deterring eligible voters from registering, the Electoral Reform Alliance (ERA) has said.

In a statement released on Tuesday evening, the ERA, a coalition of NGOs in Cambodia, urged that any such actions cease during the three-month voter registration period in order to ensure free and fair elections.

“A day before the registration started, there were several helicopters flying, the transportation of commando forces in trucks, and military speed boats at river without prior notice,” the statement reads, referring to the “military exercises” deployed near the opposition party headquarters where acting president Kem Sokha is avoiding arrest, and to a police blockade of National Road 2 on Monday to prevent lawmakers from delivering petitions to embassies.

“This is a scene that could affect the feelings and freedom of travel of the people to register,” the statement continues.

Comfrel executive director Koul Panha said it was crucial voters had freedom of movement without fear. However, NEC spokesman Hang Puthea said the process was on track, with more than 1 million voters now registered.

National Police spokesman Kirth Chantharith yesterday expressed regrets over Monday’s traffic jam, but claimed police were in fact attempting to divert and ease traffic, adding Tuesday’s grenade blast could also spark fear and police were working to catch the culprit.

OCIC protesters burn tyres, present petition

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Touch Sokha, The Phnom Penh Post
Thu, 8 September 2016

Residents of Phnom Penh’s Chroy Changvar district yesterday held simultaneous protests against development firm the Overseas Cambodia Investment Corporation (OCIC), with one group delivering a petition to the Ministry of Land Management and the other burning tyres at a site where company workers were seen bulldozing.

Among the demands made of the ministry by the 20 protesters present were a halt to OCIC’s ongoing activities on the land and the acceleration of the resolution to their long-standing land dispute after a consensus on compensation for the reclamation of their land by OCIC could not be reached.

According to Chea Sophat, the villagers’ representative, City Hall will either compensate villagers $15 per square metre of land or allow villagers to keep 10 per cent of their total land.

“We cannot take this proposal. It is unjust and lower than the market price,” he said, adding that Chea Sophara, former Phnom Penh City Hall official who is now land management minister, had a good reputation for solving problems concerning land disputes.

An undersecretary of state at the ministry, Tep Thun, told the protesters to “please wait for our intervention. Don’t rush; it is a big case . . . We need a concrete review [of the case].”

Meanwhile, a separate group of villagers burned tyres and protested when bulldozers were spotted clearing land. The protest lasted from about 8am to 4pm.

Fundraising Ceremony to help support Bhikkhu Dhanadhammo But Buntenh for helping to protect Cambodian forests, natural treasures on SEP 10

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