Friday 4 January 2013

News on Draft Law, January 4, 2013



During the meeting of council of ministers today, the Royal Government of Cambodia has adopted the draft law on amended article 9 and 10 of the Common Status of Civil Servants, Draft Royal Degree on Academic Statues, and Draft Sub degree on Code Ethics of midwife. 


ក្នុង​កិច្ច​ប្រជុំ​គណៈ​រដ្ឋមន្ត្រី នៅ​ព្រឹកមិញ រដ្ឋាភិបាល​ក៏​បាន​អនុម័ត​លើ​សេចក្តី​ព្រាង​ច្បាប់ ស្តី​ពី វិសោធនកម្ម​មាត្រា​៩ និង​មាត្រា​១០ នៃ​ច្បាប់​ស្តី​ពី​សហ​លក្ខន្តិកៈ​មន្ត្រី​រាជការ​ស៊ីវិល នៃ​ព្រះរាជាណាចក្រ​កម្ពុជា សេចក្តី​ព្រាង​ព្រះ​រាជក្រឹត្យ ស្តី​ពី ការ​ផ្តល់​ឋានៈ​សាស្ត្រាចារ្យ​ សេចក្តី​ព្រាង​អនុក្រឹត្យ ស្តី​ពី​ក្រម​សីលធម៌​ឆ្មប។
 

Wednesday 2 January 2013

Cambodia: Tourist arrivals top estimates

Vietnam: the end is nigh

By Roger Mitton

 121126_18
 US President Barack Obama (L) toasts with Cambodia’s Prime Minister Hun Sen at an East Asia Summit dinner last week. Photograph: Reuters

Well, well, the big visit of United States President Barack Obama to Phnom Penh for the East Asia Summit is over and “No Drama Obama” lived up to his moniker.

Indeed, the whole shebang will be remembered not for his presence, but for the way Cambodia’s chairmanship caused yet another squabble among ASEAN members.

As at the July ministerial meeting, last week’s war of words was about failing to reach a consensus about whether they had reached a consensus about handling the South China Sea sovereignty disputes.

Yeah, really. Go figure.

In reality, the most important aspect of the summit was related to what Obama had said earlier in Yangon.

Lauding Myanmar’s reforms, he signalled to other recalcitrant regimes that America’s hand would be extended to them if they would also mend their ways.

“I want to send a message across Asia,” said Obama. “We don’t need to be defined by the prisons of the past, we need to look forward to the future.”

Echoing her boss, National Security Council adviser Samantha Power said: “The president is sending a signal to other countries where reform either is not happening or repression is happening.”

She added: “If you take these reform steps, we will meet you action for action.”

In a nutshell then, Obama visited Myanmar because Washington was gratified by its reforms and rewarded it accordingly.

Restrictions on its imports into the US were removed and a $170 million scheme was initiated to boost good governance and capacity building.

The flip side of the message was that he would avoid visiting other places that were perceived as not reforming, like Cambodia and Vietnam.

Oh, but you will say he visited Cambodia.

Yes, but as the New York Times noted: “Obama made clear he came only because Cambodia happened to be the site for a summit meeting of Asian leaders.”

If the EAS has been held elsewhere, he would have given Phnom Penh a wide berth because of the government’s shoddy human rights record.

Obliged to spend a day here, he shunned Cambodian leaders as much as possible and spent his sole encounter with Hun Sen chastising the Prime Minister over the repression of oppositionists and civil society advocates.

Afterwards, Obama refused to make a joint statement with Hun Sen, as is customary with leaders who host him.

That poke in the eye, however, was nothing compared to the way he stiffed Vietnam. He simply refused to go there. And rightly so.

When it comes to detaining dissidents, suppressing minority and religious rights and crushing free speech and multiparty democracy, Vietnam makes Myanmar look like a paradise.

Last month, two musicians joined scores of other detainees when they got 10-year jail terms for writing songs that criticised Hanoi’s lack of social justice and human rights.

Said Amnesty International’s Rupert Abbott: “These men are prisoners of conscience, detained solely for the peaceful exercise of their right to freedom of expression through their songs and non-violent activities.”

In truth, the Vietnam Communist Party’s days are numbered, not due to American pressure, but because of domestic fury over the government’s economic incompetence.

Earlier this year, an internal revolt tried to oust Prime Minister Nguyen Tan Dung, but fearing the party itself might split, the instigators lost heart and Dung survived.

The reprieve was short-lived and he was again assailed last month and forced to apologise for his shabby performance.

Then, in Hanoi’s National Assembly 10 days ago, representative Duong Trung Quoc rose and demanded Dung resign.

Not only was Quoc not reprimanded, but the state-controlled media reported what he’d said and the assembly later passed a resolution mandating a vote of confidence in Dung’s government.

It clearly signals the beginning of the end for Dung and almost certainly for the party’s dictatorial monopoly of the political arena.

And not before time. For the people of Vietnam understood Obama’s message, even if the cavemen in power did not.

The spirit of hope still lives (Cambodian Catholic in 1974)

China to invest $9.6b in Cambodia

Opposition Lawmakers Want Court Chief to Answer Questions

By and - January 2, 2013

Opposition politicians have called for the chief judge at the Supreme Court to appear before the National Assembly to answer questions about a slew of recent controversial court decisions.

SRP lawmaker Son Chhay said that he submitted a letter on Friday addressed to Dith Munthy, who also sits on the Supreme Council of the Magistracy, to the office of National Assembly President Heng Samrin.
“Having noticed that from 1993 to the present day, the Cambodian courts are yet to be independent and unbiased in fulfilling its duty as stated in the Constitution,” the letter says.

“The lack of these things causes critical abuse of basic human rights and the majority of Cambodians have suffered all forms of injustice that are worsening, leaving no hope for them to gain protection and justice from judicial institutions.”

The letter goes on to state that people linked to the ruling party, the powerful and the rich have been accused of influencing the courts, and demands that Judge Munthy appear in the National Assembly on Thursday to respond.

An appearance by the court’s chief judge, it says, would allow the public to hear an explanation following major cases where the independence of the courts has been called into question.

It cites the dropping of charges against former Bavet City governor Chhouk Bundith, the initial suspect in the shooting of three female garment workers in February, the jailing of independent radio station owner Mam Sonando on secessionist charges, the detention of activists from the Boeng Kak and Borei Keila communities, and convictions against opposition leader Sam Rainsy.

Under Article 89 of the Constitution, the National Assembly must invite a high-ranking official to clarify such issues if there has been a request made by at least a tenth of the assembly’s sitting members.
The letter carries the signatures of 17 members of the SRP and the Human Rights Party.
Koam Kosal, chief of Mr. Samrin’s cabinet, said such letters are routinely forwarded with the endorsement of the president’s office.

“But this letter, I haven’t seen it yet. Maybe it was sent to our office,” he said.
Mr. Chhay said that last week he also submitted letters to Prime Minister Hun Sen, through the National Assembly, asking for Interior Minister Sar Kheng and Minister of Industry, Mines and Energy Suy Sem to appear before the assembly.

In the letter to Mr. Sem, Mr. Chhay requests that the minister appear to explain how licenses for mining and hydropower projects are awarded. The letter to Mr. Kheng asks the interior minister to explain extortionate fees for passports and corruption within the ranks of the traffic police

Mr. Chhay said he had submitted many such requests to officials in the past, but only “1 or 2 percent show up.”

However, he pointed out that Mr. Hun Sen last month rejected criticism from U.N. human rights envoy Surya Subedi on the grounds that, under the Constitution, the prime minister is only accountable to the National Assembly.

“I will test that out,” Mr. Chhay said.

Hun Sen Is Doing Some Things Right

By - January 2, 2013

I recently visited Phnom Penh from my home in Tokyo and found that things are getting better and better in Cambodia.


Cambodia is basically an agricultural country, and in the past produced very few industrial products, but now I notice that Cambodia produces even silverware, motorcycles and also chocolate, and there is substantial foreign investment here.

It may seem strange that I would like to credit Prime Minister Hun Sen for creating the climate that has developed Cambodia to be a developing country and that there is a middle class here now, which earns reasonable wages and can afford to purchase substantial consumer products.

Hun Sen is a strongman much like Lee Kuan Yew, the former prime minister of Singapore, who developed Singapore as a state of the art country with his personal style of being strict with the population.
I therefore feel, despite Hun Sen’s autocratic style, that he has done much to develop Cambodia to follow in Singapore’s steps.

Ministry of Interior Requested to Further Investigate SEZ Shooting

By - January 2, 2013

The Ministry of Justice has instructed the Ministry of Interior to investigate a Bavet City police officer’s alleged involvement in a shooting that left three women seriously injured during a violent protest outside a factory last year.


Pen Vibol, deputy chief of the National Police’s personnel department, said the Ministry of Interior will write a report on Bavet City penal section chief Sar Chantha’s alleged involvement in a February 20 shooting, and it will be sent to the Ministry of Justice.

Mr. Vibol questioned Mr. Chantha on Monday over his alleged role.

“The Ministry of Justice sent a letter to the Ministry of Interior to investigate on Sar Chantha,” Mr. Vibol said. “We just called Sar Chantha to make a report on the involvement since the [Svay Rieng provincial] court had charged him with causing unintentional injuries and we will send this back to the Ministry of Justice.”

Mr. Vibol said that it was “normal” for the ministry to investigate when its officers have been charged with a crime, but declined to comment on why the Justice Ministry had stepped in.
“It is normal that when the official under an institution have been charged by the court, they would need to notify those in the institution to know about the case,” he said.

Justice Ministry officials could not be reached for comment.
Mr. Chantha was charged with causing unintentional injuries in August for his alleged role in a triple shooting at a Bavet City special economic zone on February 20, directly contradicting eyewitnesses who reported seeing then-Bavet City governor Chhouk Bundith open fire into a crowd of protesters.

Mr. Bundith’s involvement was later confirmed by an investigation carried out by the Ministry of Interior.

However, the Svay Rieng Provincial Court dropped all charges against Mr. Bundith in early December, despite Interior Minister Sar Kheng publicly announcing in March that Mr. Bundith was the sole suspect in the shooting.

Mr. Chantha said yesterday that he had filed an appeal last week against his charges.
“I appealed against this after I received the verdict about four or five days ago because I am not involved with what they charged me with,” Mr. Chantha said.

Thursday 27 December 2012

Cambodia: A matter of life and death

Bank Accounts Rare in Cambodia, Even for Rich

By - December 27, 2012

Despite an expanding financial sector, increasing access to credit and strong economic growth in recent years, fewer than 1 in 20 Cambodians has a bank account, according to a new policy working paper by the World Bank.


According to the paper—released earlier this month and based on questions added in 2011 to the Gallup World Poll, which surveyed at least 1,000 people in each of 148 countries—the low number of people covered by the banking sector is a barrier to Cambodia’s economic progress.

“Without financial inclusion, individuals and firms need to rely on their own resources to meet their financial needs, such as saving for retirement, investing in their education, taking advantage of business opportunities, and confronting systemic or idiosyncratic shocks,” the World Bank paper says, adding that those with bank accounts are more likely to save money and be prepared for harder times.

Highlighting how underdeveloped the banking sector still is in Cambodia, the paper says that just 19 percent of Cambodian adults surveyed had received a loan from a financial institution in the past year. But far more, 39 percent, had taken a loan from family or friends.

Only 4 percent of people nationwide have a bank account in which they can deposit money—a figure that is halved when only the poorest 40 percent are looked at. And even among the richest 20 percent of Cambodians, only 12 percent have a bank account, the report says.

Those figures put Cambodia well below its peers in the number of people with a bank account—a key measure of financial inclusion according to the report. Cambodia is among only a few countries—including the Central African Republic, Kyrgyzstan and Yemen—where more than 95 percent of adults are without bank accounts.

The report says rates of financial inclusion depend largely on banking costs, how close people live to a bank and the kind of documentation required to open a bank account.

“Policies targeted to promote inclusion—such as government requirements to offer basic or low-fee accounts, exempting small or rural depositors from onerous documentation requirements, and the use of bank accounts for government payments—are especially effective among rural residents and the poor,” the paper says.

The low banking rate cannot just be explained by Cambodia’s large rural population, said Chan Sophal, president of the Cambodian Economic Association.

“Even in Phnom Penh, many people do not bank and it’s fewer in the provincial towns,” he said. “Because of the upheaval in history, people did not use banks for many years. It’s been changing but it is slow to catch up.”

Still, Mr. Sophal said the low bank coverage in the country did not mean people in the country were not spending or investing.

When the Khmer Rouge came to power in 1975, the regime abolished money and banks in Cambodia, blowing up the National Bank of Cambodia. Many in the country still remember when the riel was reintroduced in 1980.

“That means they don’t feel secure enough about the social-political situation…. Maybe instead of putting the money in the bank, they use the money to buy property or land,” said independent political analyst Chea Vannath, noting that many believe they can make more money from speculating on land rather than putting it in bank accounts.

“There is a cultural barrier—Cambodian people have not used bank accounts in their lives,” said Bun Mony, chair of the Cambodian Microfinance Association and chief executive at Sethapana Limited microfinance bank.

He said the seven leading microfinance institutions had expanded into all provinces and were now offering deposit accounts, which would make more people aware of the benefits of banking.

“The number of customers using the microfinance banking service accounts is increasing every day, so people will begin to understand why it is helpful,” Mr. Mony said.

© 2012, The Cambodia Daily. All rights reserved. No part of this article may be reproduced in print, electronically, broadcast, rewritten or redistributed without written permission.

Four years on, Chea Vichea accused back in prison

KR Tribunal Errs in Release of Secret File

By - December 26, 2012

The Khmer Rouge tribunal on Monday released on its website, and then quickly removed yesterday, a confidential court document outlining crimes alleged to have been committed during the Pol Pot regime by suspects Meas Muth and Sou Met.


The public dissemination of the confidential 36-page document—in which the Office of the Co-Prosecutors describes why the two former Khmer Rouge officials should be arrested and tried as war criminals—follows the leaking of the information in April 2011.

While the identities of the two suspects at the Khmer Rouge tribunal have been widely known since last year, Monday’s posting of the document online is effectively the first time the court has officially named the suspects in Case 003 publicly.

Yuko Maeda, a public affairs officer at the tribunal, yesterday expressed regret that the document, known as the Second Introductory Submission, had been published and said that its contents should remain classified, despite its wide circulation after being leaked in 2011 and published by the court on Monday.

Ms. Maeda said the appearance of the document online was down to a “technical mistake,” which was only flagged by a member of the tribunal’s Public Affairs office yesterday morning.
“We are going to work on the consequences of what happened today,” she said.
“We’re going to look into the issue. The document is already removed from public domain, and we are looking into any other action that needs to be taken on it.

“At this moment, we don’t know if it was accidental or intentional—we don’t know at this stage,” she added.

The Christian Science Monitor in 2011 quoted extensively from the same document, including the identities of the suspects: Pol Pot’s former Air Force Commander Sou Met and Navy Commander Meas Muth, who are accused of perpetrating crimes against humanity during the 1975 to 1979 regime.

The two former military commanders are accused of participating in purges, forced labor, abuse, torture and killing, and are linked to a dozen crime sites that include the regime’s Kompong Chhnang airfield, the Stung Tauch execution site and the Stung Hav quarry.

On December 14, the Defense Support Section confirmed that Ieng Sary lawyers, Michael Karnavas and Ang Udom, were retained to represent a Case 003 suspect, months after Meas Muth requested that Mr. Udom and a foreign lawyer, the name of whom he couldn’t remember, represent him in court.
Mr. Karnavas declined to comment on the leaked document in an email yesterday.

Anne Heindel, a legal adviser for the Documentation Center of Cambodia, said that even though information in the document is already widely known, the release on the tribunal’s website was “unfortunate.”
“It’s a serious breach of confidentiality, but as far as fair trial rights go, it has been posted before,” Ms. Heindel said of the already wide circulation of the information. “It’s unfortunate.”

Panhavuth Long, a program officer for the Cambodian Justice Initiative, which is part of the George Soros-funded Open Society Justice Initiative, which monitors the court, said there is no great concern for Sou Met’s and Meas Muth’s security because their identities as Khmer Rouge crime suspects have been known for some time.

“I would not think that it’s any bad consequences against the security of the suspects in Case 003, as their names have been known,” Mr. Long said.

Although the document was inadvertently made public, there are still more fundamental doubts as to whether or not the case, known as 003, will ever be heard at the Khmer Rouge war crimes tribunal.
Prime Minister Hun Sen has been very vocal about his opposition to Case 003 ever going to trial, and the tribunal’s former Co-Investigating Judge Laurent Kasper-Ansermet claimed that his national counterpart, You Bunleng, had deliberately stymied his efforts to investigate the case.

© 2012, The Cambodia Daily. All rights reserved. No part of this article may be reproduced in print, electronically, broadcast, rewritten or redistributed without written permission.

Cambodia: Regional single visa launched

Friday 14 December 2012

CAMBODIA: Activists need foreign support, but they themselves must end autocratic rule — Asian Human Rights Commission

CAMBODIA: Activists need foreign support, but they themselves must end autocratic rule — Asian Human Rights Commission

Contributors: Dr. Gaffar Peang-Meth
In my adult life, even as a political scientist conscious of the use petitions as a method of nonviolent action and persuasion, I have signed only three.

I signed a first petition a few years ago. The text comprised opposition to land grabbing in Cambodia. In the second and third, I joined others in appealing to President Obama not to visit Cambodia and participate in the Association of Southeast Asian Nations summit in Phnom Penh until the Cambodian regime agrees to release Beehive radio station director Mam Sonando; to allow opposition leader Sam Rainsy to return to Cambodia to participate in the 2013 elections; and to undertake reforms as suggested by United Nations Special Rapporteur Professor Surya Subedi.

Yet, I am more a student of the school of realism, power and national interest that acknowledges those elements as primary predictors of a state’s foreign policy actions.
United States President Obama is scheduled to be in Cambodia on November 17-20.
London-based Global Witness director Patrick Alley warned that those in Phnom Penh "simply don't listen" to urgings, and called on the European Union and the United States to "make their aid contingent on ensuring that democracy, the rule of law and human rights in Cambodia are strengthened."
The Asian Human Rights Commission which characterizes the world community as offering "nothing more than empty words" for the people of Cambodia and other peoples with similar problems, questioned the commitment of the United States and other countries: "When things are clearly negative can the United States as well as others ignore that situation and claim that they are committed to the promotion of democracy, rule of law and human rights in Cambodia"?

The AHRC sees the problem going to "the very root" of the Paris agreements and the United Nations Transitional Authority for Cambodia: "Were not all these ventures merely an attempt to have an election to elect a government for Cambodia only? Did they have any bearing on democracy, rule of law and human rights?"

As democracy, rule of law and human rights cannot exist in Cambodia without a "professional civilian policing system and a competent and independent judiciary," AHRC urges Obama to "initiate a process (for) a proper understanding of the problems involved" with their development in Cambodia as a first step toward some "infrastructural developments relating to democratization, rule of law and human rights."
International and domestic rights groups have lined up to urge Obama to take a strong stand against rights abuses by the government in Cambodia.

I have often written that Cambodian democracy activists need and welcome international support for their cause, but in the end they are on their own and must rely on themselves to bring about change in the country. In Lord Buddha's words, "Work out your own salvation. Do not depend on others." Unfortunately, though Cambodia is a country in which most profess to be followers of Buddhism, the ideal of adherence to principles that condemn "evil" acts and impure thoughts seems elusive.

A beginning
In an e-mail from Cambodia from a former comrade-in-arms in the Non-Communist Resistance that fought Vietnam's 1979 military invasion and occupation of the country, he vents his frustrations at the difficulties in trying to persuade the people to understand they are agents of change. My friend spoke of developing "thinking power" (quality thinking?) in a people who have little or no education and poorly developed capacity for logical reasoning.

Last month, my article in this space, The Citizens must help themselves, adapted from my speech to the Cambodian National Conference in Arlington, Virginia, dealt at considerable length with the entrenched Khmer mentality and culture that makes change to the status quo very difficult. Yet, even in such a place as Cambodia has become, change is possible and is never too late. It must begin with Cambodians on the ground taking the lead. Although some people have innate abilities to lead, leadership can be taught and learned, and leaders can be developed.

A few days ago, a young Cambodian graduate in political science from India's Pune University, Ou Ritthy, raised an important and pertinent question in his article, The country's contradictory development policy, published by the Asian Human Rights Commission, about Cambodians' habit of relying on foreigners to help solve problems. He wrote about Cambodian politicians' inclination to sit, talk, and discuss solutions, "only when foreigners act as mediators," and that the Cambodian government releases rights activists "only after foreigners like Americans or Europeans intervene." Ritthy asked: "Can't we, Cambodians, do this ourselves?"
It seems Cambodians are now asking publicly about themselves -- that is progress. A day after Ritthy's article, there was a discussion on the Internet by a Cambodian group about who is more a threat, Cambodia's eastern or western neighbor. A discussant presented his view, "for me the most worrying threat to our nation is ourselves. Many of us consistently downplay that threat and prefer instead to point finger at the neighbors."
Not long ago, a manuscript with restricted circulation written by a former American foreign service officer dealt poignantly with what the writer called Cambodians' "dependency syndrome" and all that the term entails, including displacement, blame, avoidance of responsibility, among others – a manuscript worth reading.
Incidentally, I see the annual Cambodian gatherings in different foreign capitals to appeal to the international community to "reactivate" or "implement" the 1991 Paris Peace Agreements, as a perfect example of the "syndrome." Of course, Cambodians don't like that I think so. Even so, not one signatory power nor the United Nations organization has responded with a willingness to initiate the reactivation or implementation of the Paris Accords.

A Cambodian speaker told the Cambodian National Conference participants with gentle humor that one would be wise when being beaten time and again in Taekwondo tournaments to rethink his/her combat techniques and self-defense, or to look for a new martial art master! Listeners laughed but the speaker was not joking. I, too, reminded the conference of Albert Einstein's oft-quoted definition of insanity as doing the same thing over and over again and expecting different results.

A reminder, once more
As I have noted previously, I never desired to be a politician or a statesman, and left the Khmer Nationalist Resistance at the Khmer-Thai border before the development of the 1991 Paris Peace Agreements. I chose a teaching career in the United States because I never believed the Khmer Rouge or their descendents (Khmer Rouge defectors who fill today's government) were capable of "national reconciliation." Free and fair elections with them were an illusion.

As a teacher and an educator, I follow the conventional goals of a political scientist: To describe as accurately as possible; to explain (interpret) and analyze (look for causes and effects); to forecast what is to come; and to suggest future course(s) of action. This practice is evidenced in my writings. Readers' actions and reactions to what I write are their own.
Based on my direct experiences, my schooling, and my political socialization process, I write to share and hope my friend in Cambodia – and other democracy activists – will be inspired and gain insights to carry on the struggle against autocracy.

A framework
Today, with a simple click of a mouse, we can acquire untold information and learn about anything. But no person learns anything if he or she doesn't want to. We can know a lot. To know a fact is good, but information and knowing are not knowledge. We are capable of storing quantities of data in our brains, but unless we can relate data to other facts and to other situations all around, and unless we can sort, evaluate, and synthesize, all that specific knowledge we acquire is like "rocks in a box." We must learn how to exercise those attributes of synthesis and analysis. Learning may require relearning and unlearning.

Reproductive thinking
Humans are best at reproductive thinking (thinking the same way as they have always thought); and at self-piloted, fossilized responses (acting automatically in the same way as they have always acted). There is no thought required. Happy this way? Why change?

Humans are biologically and socially conditioned. We are conditioned to fear failure, to have low tolerance for risk, to be obsessed with labels, to think in black and white, and constantly look for an easy way out. In anthropology, human beings are seen as creators of their own webs of significance.
Psychologist Jonathan Haidt elaborates: Humans live in a world of their own creation, a world of "insults, opportunities, status symbols, betrayals, saints, and sinners." They believe in that world. Haidt reminds us all the world's cultures possess an "excessive and self-righteous tendency to see the world in terms of good versus evil" -- "We are good, they are evil" -- or a "moralism (that) blinds people" and makes agreement, compromise, peaceful coexistence difficult. Haidt encourages us not only to "respect" but to "learn" from those whose morality differs from our own.

Two thousand five hundred years ago, Lord Buddha taught that our capacity to think makes us what we are. In the 19th century, American poet and essayist Ralph Waldo Emerson (1803-1882) wrote: "The ancestor of every action is a thought." Today, Burma's human rights icon Aung San Suu Kyi echoes: "Action comes out of thought."

Productive quality thinking
An advocate of direct action as a route to social change, Martin Luther King, Jr., said, "The function of education is to teach one to think intensively and to think critically."
An opinion, however, is not thought. Thinking is hard work. All thinking is not of the same quality; left to ourselves much of our thinking is "biased, distorted, partial, uninformed, or downright prejudiced" But the ability to think well can be taught and learned and includes the development of both critical and creative thinking skills. The first is an analytical skill, the second empowers us to expand our horizons and see new paths.
Aung San Suu Kyi believes every person is capable of developing a "questing mind" – a mind that always questions and always seeks answers. She urges every person to develop that questing mind. As The Foundation of Critical Thinking puts it, "A mind with no question is a mind that is not intellectually alive." The Foundation says, it's impossible to be a good thinker and a poor questioner.
Tim Hurson of a firm that provides global corporations with training, facilitation, and consultation in productive quality thinking and innovation, advises us to "keep asking new questions" and to "resist the urge" to reach a conclusion. A conclusion, by definition, suggests that there is no need for more information, as all questions have been answered.
Behaviorists urge us to avoid reproductive thinking, through which we engage in repetitive thought and response patterns. As Hurson puts it, "patterned thoughts box us in and hold us back from being as creative as we could be." Skilled at following old patterns and at not developing new thoughts and actions, we humans are prisoners of patterning.
The Foundation of Critical Thinking urges us to "think through," to avoid asking peripheral questions but to focus on asking essential questions that deal with "what is necessary, relevant, and indispensable" to a matter we examine. Essential questions "drive thinking forward." An incurious mind does not engage in substantive learning.

Some Cambodians' observations
Cambodians today who are engaged in political discourse are inclined toward debate that belittles or deprecates those who disagree rather than to respectful discussion that produces a useful dialogue in which multiple points of view can be safely shared.
Humility – the opposite of vanity, arrogance, and pride – is in short supply among many Cambodians, who tend to personalize and who like the sensational. It seems that regardless of what topic someone discusses, someone else echoes the same thoughtless messages.
This self-righteous approach breeds a climate of accusation and counter-accusation, and demonization of those who do not share one's opinions. That outsider is likely to be branded a "traitor," a "Vietnamese spy."
Cambodians' environment fits a model described by political columnist John Avalon in his book, Wingnuts, which describes American "professional partisans ... unhinged activists ... hard-core haters ... paranoid conspiracy theorists" who are submerged in a "hydra-headed hysteria" – cut off one accusation, another emerges in its place. Accusation and demonization may hurt and wound another, but they do not promote one's agenda.

Two Cambodians have shared their views through electronic media. James Sok, a systems administrator, and Dr. Lao Monghay, a former senior researcher of the Asian Human Rights Commission.
Sok's three-paragraph piece in Khmer entitled Ignorance is our big problem, posted on the Internet, touched a nerve. He wrote: Cambodians enjoy fabricated stories and perpetrating historical fictions (for example, Queen Monique is alleged to be Vietnamese); Cambodians don't care for serious study on important issues (for example, the deaths of a few million Khmers during the 1975-1979 rule of Pol Pot are said to have been perpetrated by the Vietnamese). For these comments and others, Sok has been subject to considerable personal invective.

In Dr. Lao Monghay's interview broadcast over Radio Free Asia, Lao incited some Cambodians with his statement that Cambodians spend too much time and energy on long-settled territorial disputes involving Koh Tral island and Kampuchea Krom. Now, he suggested, it is time to build friendship and harmony with their neighbors. Dr. Lao, too, has suffered severe and unwarranted personal attacks from his countrymen for expressing this view. Both Sok and Lao are demonized on the Internet as having Khmer bodies with Vietnamese heads.

Sok and Lao said they would not let go of their intellectual integrity, "a rare commodity in the world these days," says Lao; "We have an opinion and others have theirs." "I'm welcoming evidence or reasons to prove me wrong and then we'll have the truth of the matter."
An Arab proverb goes, "Examine what is said, not him who speaks."

Concluding remarks
Here's a thought worth reflection: There are only two kinds of problems, ones that can be solved and those that cannot. Cambodian democracy activists would do well to solve the solvable problem immediately and they should resort to productive quality and positive thought to tackle the problem that appears intractable.
I suggested to the Cambodian National Conference that democracy activists establish long term goals and short term objectives, institute guiding principles for their behavior toward one another and in the wider world, and begin the process of change with areas that constitute common ground for most Khmers. To alleviate fear that a removal of the iron-fisted regime would unleash instability and chaos, it is urgent that activists incorporate guiding principles found in the many great belief systems in the world, and especially in Buddhist principles, into their thoughts and actions.

The time for attempting reconciliation with dictators has passed. The dictators don't cooperate, and they hold on to power through oppressive measures. They sell the nation's natural wealth, they evict people from their homes and their land. Democracy and rights activists need to pool time, energy, money and talent to develop nonviolent strategies that will initiate the end of the dictatorship. Many with expertise in nonviolent action methods have been offering training workshops for Cambodian activists, who should not let this opportunity pass.
As Buddha teaches mankind, "Pay no attention to the faults of others, things done or left undone by others. Consider only what by oneself is done or left undone."

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The AHRC is not responsible for the views shared in this article, which do not necessarily reflect its own.
About the Author:Dr. Gaffar Peang-Meth is retired from the University of Guam, where he taught political science for 13 years. He currently lives in the United States. He can be reached at peangmeth@gmail.com.

CAMBODIA: LRWC and ALRC denounce attacks against HRDs and problems with judicial independence — Asian Human Rights Commission

CAMBODIA: LRWC and ALRC denounce attacks against HRDs and problems with judicial independence — Asian Human Rights Commission

date: September 25, 2012
document id: ALRC-COS-21-08-2012
HRC section: Item 10, Cambodia
speaker: Vani Selvarajah


A Joint Oral Statement to the 21st Session of the UN Human Rights Council from Lawyers' Rights Watch Canada (LRWC), a non-governmental organization in special consultative status, and Asian Legal Resource Centre, (ALRC), a nongovernmental organization in general consultative status


Madame President:

Lawyers Rights Watch Canada and Asian Legal Resource Centre welcomes the report of the Special Rapporteur on the situation of human rights in Cambodia1. We share his view that freedom of expression is a principal concern. Cambodian human rights defenders and journalists regularly experience judicial harassment and violence for upholding human rights, particularly in land rights cases. The trend is alarming and escalating. After the incidents noted in reports of the Special Rapporteur and the Secretary General2, dubious charges were filed against three human rights defenders in August and September 20123.

On 11 September 2012, a journalist covering environmental issues was murdered after exposing illegal logging4. Cambodian authorities and judiciary cannot be counted on for impartial investigations or trials.
We applaud the Special Rapporteur's promotion of the UN Guiding Principles on Business and Human Rights,5 as business enterprises and authorities are frequently involved in human rights violations,6 This and other human rights education is crucial to ensure that public officials are aware of their obligation to encourage civil society human rights training efforts, rather than disrupting them as occurred on 26 July 2012, when armed officials interrupted land rights training of two human rights organizations.
The Special Rapporteur notes continued problems with independence of the judiciary and impunity. He is further concerned about the Government's lack of stated commitment to a time frame and action plan to implement his recommendations for the judiciary. Years of such foot-dragging has contributed to the lack of independence and corruption of judges, prosecutors, court officials and lawyers, whose integrity is crucial to ending the climate of impunity in Cambodia.
We note the OHCHR work with the Cambodian Bar to ensure international human rights perspectives in reviews of the Law on the Bar and Code of Professional Conduct. LRWC would be interested in learning more about future plans to encourage the independence and integrity of Cambodia’s legal profession.

Thank you, Madame President
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Notes:
1 Report of the Special Rapporteur on the situation of human rights in Cambodia, Surya P. Subedi, Human Rights Council, A/HRC/21/63, 16 July 2012, www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session21/A-HRC-21-63_en.pdf
2 The role and achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights: Report of the Secretary-GeneralA/HRC/21/35, 20 August, 2012, www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session21/A.HRC.21.35_en.pdf
3 In August 2012, ADHOC human rights worker, Mr. Chan Soveth, was charged with "providing assistance to the perpetrator" of a "crime" under Article 544 of the Cambodian Penal Code. On 4 September 2012, land rights activist, Ms.Yorm Bopha, was arrested and charged with "intentional violence with aggravating circumstances" under Article 218 of the Cambodian Penal Code. Ms. Bopha states she was not present at the scene of the alleged violence. On 5 September, 2012, land rights activist, Ms. Tim Sakmony, was arrested and charged with making a "false declaration to a public body for the purpose of obtaining an allowance, a payment or any unlawful advantage" under Article 633 of the Cambodian Penal Code after the owner of developer, Phanimex Company, complained she made a "false declaration" in a request that Phanimex compensate her disabled son after failingto provide him with an apartment after his January 2012 eviction from Borei Keila.
4 The body of Mr. Hang Serei Oudom, a reporter for the Vorakchun Khmer Daily was found on 11 September in his car at a cashew nut plantation in Ratanakiri province. The Director-General of UNESCO has called for an investigation. See http://www.unesco.org/new/en/media-services/singleview/news/director_general_condemns_killing_of_cambodian_journalist_hang_serei_oudom/back/18256/ 5 Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework, http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf
6 Abuses in 2012 are outlined in a joint statement by LRWC and Asian Legal Resource Centre made at the 20th Session of the Human Rights Council, , 21 June 2012, http://www.lrwc.org/?p=3940

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