Wednesday, June 26, 2013

CPP Absent From Election Spending Disclosure



Five of the eight political parties contesting seats in next month’s national election on Monday signed an agreement vowing to run clean campaigns and voluntarily disclose their spending practices and sources of election funding.
Representatives from the Cambodia National Rescue Party (CNRP), Khmer Anti-Poverty Party, the League for Democracy, the Khmer Economic De­vel­opment Party and the Republican Democracy Party all signed the pact, while the ruling CPP, Funcinpec and Cambodia Nationality Party were absent from the signing ceremony.
The initiative was organized by seven election monitoring and transparency groups as a way to address a lack of legislation that would make it mandatory for parties to disclose their financial information leading up to and during the election period.
“The purpose of this ceremony is important because fairness in using financial resources in the election campaign is crucial for free and fair elections,” said Thun Saray, chair of the board of directors at the Committee for Free and Fair Elec­tions in Cambodia (Comfrel).
“The campaign is the most important time in the electoral process,” he added. “Without the [the agreement], irregularities may occur and violence may occur.”
The financial disclosure agreement is the same as the one signed by four political parties ahead of last year’s commune election. Parties are expected to provide information on “income/contributions received during the three months before the end of the campaign period,” as well as spending over the official campaign period, which begins on Thursday. While there is no specific law on campaign financing, chapter 6 in the Law on Political Parties prohibits parties from receiving money from government institutions, NGOs and foreign firms.
Comfrel executive director Koul Panha said the CPP had written to the body saying that they would ask members to be transparent about their finances, but he doubted they would go as far as to make it a law.
“The CPP does not really have the willing to support the [idea of] political campaign finance law. Why? That’s a big question I cannot answer,” he said.
Council of Ministers spokesman Phay Siphan referred questions to Information Minister Khieu Kanharith, who said: “Usually, potential candidates take charge of most of the expenses. The funding is from grassroots-level members.”
He added that the cost would be shared among candidates.

Cham Prasidh Reassures Investors Before Election



With the national election looming, the minister of commerce on Tuesday assured international investors that they should put their faith in the country’s economy regardless of the vote, which he said was a foregone conclusion.
Speaking to local business people and a high-level government and business delegation from Hong Kong at a lunch in Phnom Penh, Commerce Minister Cham Prasidh said businesses looking to invest in Cambodia should feel secure that a CPP victory in July would bring about the ideal conditions for investors for years to come.
Mr. Prasidh also hinted to investors that the days of ultra-generous tax breaks for manufacturers in the country could soon be over as the government looks to hike its domestic revenues.
“Political stability is very important,” Mr. Prasidh told the audience, which included Hong Kong Special Administrative Region financial secretary John Tsang and representatives of the Garment Manufacturers Association in Cambodia and the Cambodian Chamber of Commerce.
“Normally, you go to one country and if the elections are approaching, you will see the effects and the stock exchange will go down—people are expecting the government to fall or to win.
“But in Cambodia [there are] no such inconveniences because people know who is going to win next month. It will be still the Cambodian People’s Party of Prime Minister Hun Sen,” he said, adding that he expected the CPP to repeat the two-thirds National Assembly majority it achieved in the 2008 election.
Though Mr. Prasidh on Tuesday thought it necessary to reassure the audience, nobody really expects the ruling CPP to run into any hurdles come July 28. Still, Mr. Hun Sen has repeatedly said in the run-up to next month’s election that the country would descend into chaos if he was not re-elected.
“The prime minister will be Prime Minister Hun Sen again. This is [something] everyone knows already. And maybe you will see me also as minister of commerce,” Mr. Prasidh, who has been in the job for 19 years, said to loud applause.
As well as the “political stability” guaranteed by an election of which the outcome was not in doubt, Mr. Prasidh also said Cambodia offered investors macroeconomic stability—with gross domestic product growth of more than 7 percent last year and a similar performance expected this year.
He also cited the country’s preferential trade deals with the European Union and China as benefits of doing business here.
He said that while Hong Kong was recognized as one of the easiest places in the world to do business, Cambodia aspired to create a similar haven for businesses to operate securely.
“A third key factor is also always for foreigners who come [for] the legal, regulatory framework to be sound, predictable and transparent. That’s why we work on these things, we try also to be transparent, and fight corruption as well,” he said.
Mr. Prasidh said 56 Hong Kong-owned garment and footwear factories are currently operating in Cambodia, employing 35,000 workers.
According to the Council for the Development of Cambodia, investors from Hong Kong pledged $117.5 million in Cambodia in 2012, more than 5 percent of all agreed investment.
In the latest World Bank “ease of doing business” rankings, Hong Kong ranks No. 2 in the world, a long way above Cam­bodia, which is ranked in 133rd place out of 185 countries.
Cambodia National Rescue Party candidate Son Chhay said the argument that continuous rule by one political party was good for business was disproven by the example of prosperous Western democracies.
“In the U.S., Australia or Europe, they have reliable institutions that don’t change [when the administration changes],” said Mr. Chhay, who between 1998 and 2003 chaired a National Assembly committee that deals with commerce.
“Cambodia relies on a strongman dictator to decide everything, and it’s a very corrupt country…. Companies can’t rely on the institutions. Who can believe that the companies would feel safe to conduct business here?”
He also said that Cambodia’s economic growth was unsustainable, having been built on the extraction of timber from the country’s forests, overseas aid and loans from China.
Mr. Tsang, the Hong Kong Special Administrative Region highest-ranking finance official, said in an interview yesterday that the delegation’s trip was intended to capitalize on the “compatibility” between Hong Kong’s advanced service economy and the developing economy here.
“I think for the investors, they would like to see stability because that’s very important for them in terms of the investment. They need to make sure that the policy doesn’t change,” said Mr. Tsang.
Asked about opposition claims that the current administration in Cambodia had outstayed its welcome, Mr. Tsang said, “democracy is exercised in the polls.”
“The establishment [in Cambodia] has done very well, they get the great majority of the support, two-thirds of the support from the people, so the people’s choice cannot be wrong,” he said.
During his speech, Mr. Prasidh also questioned whether Cambodia should scrap tax holidays offered to new firms coming into the country, in which deals of five or seven years without paying tax on profits—depending on the size of an investment—are offered to new companies.
He suggested a system similar to Hong Kong, where tax on profits is 16.5 percent for large companies, whether they are new investors or not.
“What is also important is that our investment law is also the most generous in the region [at present]. But we cannot continue to be generous, because when you are generous, you attract only people who come [to] hit and run,” Mr. Prasidh said.
“If we offer a lot of incentives for tax holiday, people enjoy tax holiday, but at the end of tax holiday, five years or seven years, they run away, or they recreate another factory, resettle again in Cambodia and they have the tax holiday again for the next five or seven years. If we start collecting tax at a low level, I believe…we can get [more revenue].”
Institutions including the International Monetary Fund (IMF) have criticized the government for not collecting enough revenue, leaving the country vulnerable to economic shocks.
In a review of the government’s financial oversight published in February, the IMF said, “While current plans to strengthen revenue ad­ministration are ambitious but realistic, consideration may therefore also need to be given to strengthen direct taxation and enhance buoyancy including by reducing incentives.”
Peter Brimble, senior country economist at the Asian Development Bank’s Cambodia mission, pointed out that not that many companies seemed to be abandoning Cambodia.
“There is a churn factor in the garment industry at the low end,” he said. “But if you look at the big firms that have come in and established themselves, they’ve stayed.”
However, he said Cambodia would have to think about staying competitive with its neighbors, most of which offer tax holidays to new firms.
“I don’t think it encourages hit and run people any more than other [investment incentives], but I think there is probably an opportunity to re-examine the tax incentive structure and put it in the context of the region and what kind of firms Cambodian wants to attract.”

Information Ministry Issues Media Ban on Polls



The Ministry of Information issued a statement Tuesday instructing the owners of all media organizations in Cambodia to desist from broadcasting or publishing the results of opinion polls in the five days preceding the July 28 national election. 
The statement, dated Friday and signed by Information Minister Khieu Kanharith, warns media operators to pay “strong attention to the ban in accordance with the regulations and procedures of the upcoming election.”
The CPP has dominated the mass media in the run-up to the election, though the country’s radio and television broadcasters bear the brunt of the warning.
“You must stop the dissemination and live broadcasting in­cluding from foreign radio stations in­formation regarding opinion polls five days before the election,” the statement says, adding that political campaign messages and activities must also cease 24 hours before polling begins on July 28.
Koul Pan­ha, executive director for the watchdog Committee for Free and Fair Elections in Cambodia, said the authority for enforcing such a ban lies with the National Election Com­­mittee (NEC), not the Infor­mation Ministry.
“All regulations made for the election must come from the NEC,” he said.

Bundith Gets ‘Slap on the Wrist’ for Triple Shooting



Seventeen months after Chhouk Bundith opened fire into a crowd of angry protesters, the Svay Rieng Provincial Court on Tuesday sentenced the former Bavet City governor to just 18 months in jail for shooting and injuring three female garment workers.
Announcing the verdict in court, Judge Leang Sour called for Chhouk Bundith’s immediate arrest, and ordered him to pay compensation of some $9,500 to the three factory workers, one of which sustained a perforated lung in the shooting.
The three victims—Bun Chenda, Nuth Sokhorn and Keo Nea —will receive $5,000, $2,500 and $2,000, respectively.
While the court found Chhouk Bundith guilty of the triple shooting, it ruled that he was only responsible for “unintentionally” causing injuries to the three workers.
“The court decided that Chhouk Bundith was guilty based on the testimony of witnesses and evidence which proves that he really shot at the victims,” Judge Sour said. “We are ordering his immediate arrest and detention.”
Despite the severity of the crime, Chhouk Bundith has never been detained, he did not attend his trial and his current whereabouts is not known.
Although the court ordered Chhouk Bundith’s “immediate” arrest, police officials on Tuesday did not appear to have the same sense of urgency.
“We will arrest him when we get the court’s arrest warrant, but now we have not yet received it,” said Keo Kong, Bavet City police chief. “I don’t know where he is,” he added.
National police spokesman Kirth Chantharith said authorities would arrest him “as soon as possible,” but that his location was currently unknown.
“I don’t know [where he is], but we will take measures according to the court,” he said.
The Community Legal Education Center (CLEC), a legal aid group, and local rights group Licadho said in a joint statement that the sentence was far too light for a crime, which they termed as “attempted triple-homicide.”
In a statement Tuesday, local rights group Adhoc said: “The nature of his conviction and the fact that he is still not in jail demonstrate the pliability of Cambodia’s judiciary to the will of the rich and well-connected,” adding that Chhouk Bundith should have been sentenced under the charge of attempted murder.
“The sentence against him does not reflect his crimes, and the fact that he remains at large means justice has still not been served in this case,” the statement says.
Evidence against Chhouk Bundith largely came from Long Phorn, deputy police chief of Bavet’s Prasat commune, who testified both at the Appeal Court and in the Svay Rieng court that he saw the former governor intentionally shooting into the crowd of protesting workers.
“The message is: Scapegoats and activists get large sentences, even if they didn’t commit a crime, while well-connected individuals get a slap on the wrist—no matter what their crime,” Moeun Tola, head of CLEC’s labor program, said in the statement.
Chhouk Bundith’s light sentence stands in contrast to the December conviction of anti-eviction activist Yorm Bopha, who was sentenced to three years in prison, with one year suspended by the Court of Appeal, for inciting the assault of a single man, in a case that rights groups have said was politically motivated.
Human rights groups have said the case surrounding the former Bavet City governor has been fraught with political interference.
Chhouk Bundith, who was initially named the main suspect in the shooting, had all charges against him dropped by the Svay Rieng court in December, citing insufficient evidence.
But the Justice Ministry then ordered the Court of Appeal to re-investigate the case, and in March the court re-imposed the charges against Chhouk Bundith and sent his case back to the provincial court.
Ulf Santjer, corporate communications director of German sports brand Puma—whose clothing is manufactured by the factory where the three victims are still employed—said he was pleased a verdict was reached, but declined to comment on “the fairness of the trial.”
The court on Tuesday also revised the charges against Bavet City police officer Sar Chantha who was charged with unintentional injury in the same case in August. The court sentenced him to six months in prison with a fine of 1 million riel, or about $250, for illegally possessing a weapon.
“He was not involved with the shooting but he used an unregistered weapon,” Judge Sour said. “We did not order an arrest warrant for him because the sentence is less than a year.”
Mon Keosivin, Sar Chantha’s lawyer, criticized the provincial court’s verdict, explaining that his client was not present during the shooting and that he never fired his gun.
“When the court took a pistol belonging to my client for examination, they failed to take Bundith’s pistol to examine because they claimed Bundith’s pistol was lost,” he said, adding that he would appeal the court’s verdict for his client.
Ms. Sokhorn, who was wounded in the back and in her arm by Chhouk Bundith, also said the court’s sentence for the former governor was inadequate.
“I wanted him to get a life sentence, as what he got was minimal,” Ms. Sokhorn said.
“The court should have charged him with attempted murder,” said Chin Lyda, the lawyer for the three victims.
Mao Samvutheary, Chhouk Bundith’s lawyer—who was not present during the three-day hearing or the announcement of the verdict—declined to comment.
(Additional reporting by Dene-Hern Chen)

Mr. Chhouk Bandit hearing to second days, with no presence suspects


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Svay Rieng Court (Photo Tat Oudom)
Svay Rieng Court opened the hearing for the second day on Thursday without the presence of suspect Mr. Chhouk Bandit, accused of firing at factory workers protesting conditions in Bavet.

Former Governor of Bavet, Mr. Chhouk Bandit, was due to appear at Appeal Court for the provincial court re-trial hearing. The trial was regarding the events that occurred when 3 factory workers were injured when the suspect allegedly opened fire on the crowd on 20 February, 2012.
Voice of Democracy’s, Mr. Nhim​​ Sokhon reports Svay Rieng provincial court stated that the trial began as planned, but Chhouk Bandit once again did not appear for the hearing yesterday.
The Minister of Interior Ministry, Mr. Sor Kheng, has told the media that the person responsible for the factory shootings is Mr. Chhouk Bandit. In spite of this, Svay Rieng Provincial Court had dropped the charges against Chhouk Bandit late in 2012. The General Prosecutor at the appeal court, Mr. Ouk Savuth, criticized this decision and a re-trial was set.

Document hearings open on extent of KR leaders’ knowledge


The two-week-old objections of the Khieu Samphan defence paid off at the Khmer Rouge tribunal yesterday, with the trial chamber announcing that the team would indeed have time to lodge their responses to incriminating documents presented by the prosecution.

As the court began its final round of key document presentations yesterday, Trial Chamber President Nil Nonn seemingly agreed with the Samphan team’s assertion that documentary evidence would play a greater role in the court’s decision-making process than previously thought, and that the hearings should be open to adversarial debate.

“As for the Khieu Samphan defence, they raised that kind of [uncontested document] hearing is a violation to Khieu Samphan, as the defence is not allowed to object or discuss on documents raised by other parties,” Nonn said. “For that reason, the chamber shall hear further hearings on admissibility of documents as well as the weight of the evidence presented in previous hearings.”

In the court’s three previous rounds of document hearings, parties were not allowed to raise ob-jections to documents being presented.

After today’s hearings, the Samphan team may well have something to respond to, with co-prosecutor Keith Raynor presenting documents undermining Samphan’s long-held stance that he had nothing to do with the Khmer Rouge’s murderous policies.

In one article read aloud in court, author and former tribunal employee Stephen Heder made the case that Samphan had used his unimpeachable reputation to lure Lon Nol soldiers to the Khmer Rouge, who then killed them in droves.

“The esteem in which he was held allowed some of them to become sitting ducks for murder,” Raynor said, quoting Heder’s article. “Thus as the Communist Party of Kampuchea advanced towards an all-out military victory . . . Khieu Samphan twice signalled those who had been fighting against it that only the seven top leaders among them would be executed.”

Tuesday, June 25, 2013

Security Council strengthens efforts to end impunity for conflict-related sexual violence


Security Council strengthens efforts to end impunity for conflict-related sexual violence

UN News Centre | 24 June 2013

Also addressing the debate was actress and activistAngelina Jolie, the Special Envoy of the UN High Commissioner for Refugees (UNHCR), who emphasized that tackling war-zone sexual violence is the Council’s responsibility, as well as the duty of Governments in countries affected by it. And when Governments cannot act, the Council must step in and provide leadership and assistance. 

“I understand that there are many things that are difficult for the UN Security Council to agree on. But sexual violence in conflict should be not be one of them,” she said. “That it is a crime to rape young children is not something I imagine anyone in this room would not be able to agree on.”

Security Council strengthens efforts to end impunity for conflict-related sexual violence


Wide view of the Security Council meeting on women and peace and security. UN Photo/Devra Berkowitz

24 June 2013 – The Security Council today sent a strong signal to perpetrators of sexual violence in conflict that their crimes will not be tolerated, adopting a new resolution to strengthen efforts to end impunity for a scourge that affects not only large numbers of women and girls but also men and boys.

In three previous resolutions – 1820 (2008), 1888 (2009) and 1960 (2010) – the Council affirmed that sexual violence, when committed systematically and used as a tool of war, is a fundamental threat to international peace and security, requiring an operational security and judicial response.

During a debate on women and peace and security, the 15-member body today unanimously adopted resolution 2106, by which it emphasized more consistent and rigorous investigation and prosecution of sexual violence crimes as a central aspect of deterrence, and ultimately prevention. 

It emphasized that “effective steps to prevent and respond to such acts significantly contribute to the maintenance of international peace and security; and stresses women’s participation as essential to any prevention and protection response…”

The Council recognized the need for “more timely, objective, accurate and reliable information” as a basis for prevention and response, and requested Secretary-General Ban Ki-moon and relevant United Nations entities to speed up the establishment of monitoring, analysis and reporting arrangements on conflict-related sexual violence.

“Sexual violence, whenever and wherever it occurs, is a vile crime. It must be exposed and met with the anger and action that it deserves,” Mr. Ban said at the outset of the meeting, stressing that those who hold power and influence have a special duty to step forward and be part of a global coalition of champions determined to break this “evil.”

He recalled his recent visit to the Democratic Republic of the Congo (DRC), where he met women and girls who had been raped and maimed by armed groups on all sides of the conflict. While there are hospitals there to help these women, they cannot protect them, he said. “That is a job for the Congolese authorities and the international community, in particular this Council.” 

The Secretary-General’s Special Representative on Sexual Violence in Conflict, Zainab Hawa Bangura, noted that today, it is still largely “cost-free” to rape a woman, child or man in conflict. “But for the first time in history, we can reverse this reality. It will require leadership and political courage, and a relentless determination to match the cold, calculating brutality of those who would rape the innocent for military or political gain.” 

She lauded today’s resolution, saying it reinforces a compliance-based regime based on reliable and timely information and analysis, and on the actions that must be taken at the political, strategic and tactical levels on the basis of such information.
“The resolve of this Council and the international community as a whole has set us firmly on the path of accountability and prevention,” she said. “We must stay the course, until we achieve the ‘critical mass’ of action that will turn the tide on history’s oldest and least condemned crime.”
The meeting, which is expected to hear from over 60 speakers, including several senior Government ministers, is being chaired by William Hague, Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom, which holds the Council’s rotating presidency this month. 

Mr. Hague, speaking in his national capacity, warned that if the international community does not address the culture of impunity surrounding conflict-related sexual violence, millions more women, children and men could well be subjected to the same appalling treatment now and in the conflicts of the future. 

“The lead we set and the action we take, therefore, have the potential to save lives and change the course of events around the world, and nothing less than that should be our ambition… Together, it is time to say that rape and sexual violence used as a weapon of war is unacceptable, that we know that it can be prevented, and that we will act now to eradicate it…” 

Also addressing the debate was actress and activist Angelina Jolie, the Special Envoy of the UN High Commissioner for Refugees (UNHCR), who emphasized that tackling war-zone sexual violence is the Council’s responsibility, as well as the duty of Governments in countries affected by it. And when Governments cannot act, the Council must step in and provide leadership and assistance. 

“I understand that there are many things that are difficult for the UN Security Council to agree on. But sexual violence in conflict should be not be one of them,” she said. “That it is a crime to rape young children is not something I imagine anyone in this room would not be able to agree on.” 

What was needed, she emphasized, was political will. Every country in the world is affected by sexual violence, and all countries have a responsibility to step forward. “But the starting point must be you, the UN Security Council – shouldering your responsibilities and showing leadership… If the Security Council sets rape and sexual violence in conflict as a priority, it will become one and progress will be made. If you do not, this horror will continue.” 

Speaking from her experience as a lawyer and activist working to bring justice to victims of sexual violence in conflict, Jane Adong Anywar of the Women’s Initiatives for Gender Justice said that leadership on accountability for conflict-related crimes, including sexual violence, must be provided at the national level, with priority given to resourcing; adequate legislation prohibiting acts of sexual violence; and capacity building for police, investigators, lawyers and judges regarding the adjudication of these crimes.