Wednesday 9 January 2013

Thailand: PAD asks Govt not to accept ICJ ruling

The People's Alliance for Democracy (PAD) has formally submitted a seven-point proposal for the government not to accept the International Court of Justice's(ICJ) pending ruling over the Thai-Cambodian border dispute.
The proposal was submitted by Panthep Puapongpan, a PAD core member, to Prime Minister Yingluck Shinawatra.
In the first point of the proposal, the PAD asked the government to officially declare that the ICJ does not have the jurisdiction to interpret the 1962 judgement, which awarded ownership of the Preah Vihear temple to Cambodia but left the 4.6 sq km area surrounding it in dispute.
The ICJ has scheduled for both countries to present an oral statement from April 15 to 19. The ruling is expected to be made in October.

The other points in the proposal are as follows:
- Following the declaration, Thailand would subsequently not be duty-bound to comply with the ICJ's injunction.  It would not have to withdraw troops or police from the disputed area, but push a Cambodian community out of the Thai soil.
- Thailand should then develop relationship particularly with countries which are members of the United Nations Security Council (UNSC) to make sure that its territorial sovereignty would not be be infringed on.
- The Thai government must reiterate that other UN members cannot interfere in Thailand's internal affairs, citing  provisions in the UN Charter.
- Thailand must not return to be a member of Unesco's World Heritage Convention.
- The government should stop the Foreign Ministry's plan to hire academics with a budget of 7.1 million baht to campaign on state media for the Thai people to accept the ICJ's ruling, even if it could mean a loss of territory to Cambodia.
- The government should take action to expedite the release of Veera Somkwamkid and Ratree Pipattanapaiboon, members of the Thai Patriots Network, who have been imprisoned in Cambodia for alleged spying and border encroachment.
Mr Panthep said the PAD would consider taking action, which might be a mass rally, if the government did not respond to the proposal.

Sunday 6 January 2013

UNITED KINGDOM: University applications down

UNITED STATES: Ratings at a price for smaller universities

GLOBAL: A focus on skills increasingly links higher education with employment

CHINA: New academic misconduct laws may not be adequate to curb cheating

China: Regulation on academic fraud hopes to reduce plagiarism

Top 10 Law Firms in the Kingdom of Cambodia

Chambers and Partners - Home

THE FIRM Sources single out this firm as a market leader, highlighting its increasing appeal to foreign clients. The team's key areas of expertise include banking, foreign investments, real estate and commercial litigation. In the past year, it advised Minebea on business establishment and foreign investment regulations. Other key clients include CIMB Bank, HwangDBS Commercial Bank and Ajinomoto.

Sources say: "We found their service comprehensive and responsive, which enabled us to meet our deadlines. The team was very professional and dedicated."

KEY INDIVIDUALS Youdy Bun is "dynamic, committed and has an international outlook." He recently advised a major local company on the acquisition of a USD60 million brewery plant. His impressive client roster also includes several foreign banks operating in Cambodia. Antoine Fontaine is a popular choice among international firms, and is most noted for his work with French clients.
2 DFDL
THE FIRM DFDL's depth of resources and strong Indochina presence make the firm a popular choice for complex, cross-border deals in the region. With tax advisers on the team, it is able to provide clients with all-round advice that encompasses both legal and tax aspects. The firm is particularly well known for project finance deals. It was instructed by Export-Import Bank of China in a USD300 million hydropower project to be developed in Pursat province in Cambodia. Real estate is another area of strength; the team recently advised the Royal Group of Companies on the acquisition of Hotel Cambodiana.

Sources say: "Their cross-country presence works tremendously in their favour." "They are fantastic in Cambodia and have great regional expertise too."

KEY INDIVIDUALS Martin Desautels is well regarded for investment funds and project finance matters. He proves particularly popular with foreign banks. Commentators report: "He has been in the region for a long time and has  very deep knowledge and experience of the sectors and ministries here. He's also incredibly client-focused and ensures that we get the service we want from DFDL."
THE FIRM This firm has a long and distinguished track record in advising foreign clients on their inbound investments. Commentators single out the team's strong relationship with the government as one of its greatest strengths. It is particularly active in the areas of property development, agriculture, telecoms and mining.
Sources say: "A top-tier, well-established firm."

KEY INDIVIDUALS Bretton Sciaroni is an adviser to the Cambodian authorities and is the first port of call for clients with government-related issues. Matthew Rendall is best known for his substantial expertise in property matters. Sources commend him for being "a solid practitioner who can pinpoint potential problems before they arise." 
THE FIRM Clients turn to BNG Legal for its robust foreign investments and company formation practices. Recent highlights for the firm include advising BHP Billiton on compliance with local regulations in areas such as taxation, insurance and labour. The team is also active in the IP arena, handling portfolio maintenance, licensing, anti-counterfeiting and enforcement matters. Its client base also includes Air France, Swift Resources and Leopard Capital.
Sources say: "They are quick to respond and are patient in sitting down with us and discussing the issues in detail."

KEY INDIVIDUALS Naryth Hem is a seasoned practitioner who advises both local and foreign clients on their business operations in Cambodia. One client notes: "He is adept at advising on reaching an agreement between foreign and local investors." Liam Garvey is another leading figure in the team. He is particularly highly regarded for his experience in commercial matters.
THE FIRM Ban Nou Ouk & Partners is widely known for its solid litigation practice, particularly in regard to criminal law. It also offers a full range of services in the banking, finance, labour, taxation and real estate areas. The firm is also well versed in advising foreign investors, and has a strong Malaysian and Chinese client base in the garment and manufacturing sectors.
Sources say: "They have strong corporate and litigious practices, and are leaders for criminal matters."

KEY INDIVIDUALS Interviewees highlight Ry Ouk's overseas training as a key draw for international clients. They also single out his negotiating skills: "He's a very forthright negotiator who is not afraid to take a stand and defend it."
THE FIRM This firm stands out for its extensive capability in litigious matters, including IP and criminal cases. Its commercial practice is another core strength. It also advises on banking, telecoms, property and infrastructure matters. The firm attracts both local and foreign clients, with the latter coming from China, Malaysia, Singapore, South Korea and Vietnam.
Sources say: "HBS has a very strong contentious practice."

KEY INDIVIDUALS Clients take great comfort in the high level of commitment they get from managing director Ly Tayseng. He advises foreign investors on company formation issues, and also handles dispute resolution, including international commercial arbitration.
THE FIRM Sok & Heng was founded in March 2010 and has already secured a prominent position in the market. Sources underline the full-service firm's strength in advising international clients. Its recent highlights include advising WING Cambodia on various matters, including revising mobile network operator agreements and general corporate governance. The group also acted for Malaysian-listed company Golden Land in the acquisition of approximately 30,000 hectares of concession land.

Sources say: “The firm is professional, thorough and extremely knowledgeable in Cambodian law.”

KEY INDIVIDUALS Heng Chhay advises clients on corporate and commercial work, and is particularly highly regarded for property matters. Clients report: “Working with someone like Chhay is a breath of fresh air because he's truly informed about the laws and the frequent changes that occur within the legal system.” Khavan Sok is praised as "a shrewd negotiator and talented problem solver – he is able to articulate the laws in an easily comprehensible manner."
THE FIRM This boutique excels in advising on international trade and corporate law. It is sought out by multinational firms for its expertise in the real estate, agriculture and tourism industries. It recently advised the Leopard Cambodia Fund on its investments in local projects. The team also acted on a joint venture between a Thai holding company and a Cambodian firm for the trading and manufacturing of agricultural chemical products.

Sources say: "The firm has extensive knowledge of the Cambodian market and is well versed in the local laws and regulations."

KEY INDIVIDUALS Seasoned practitioner Siphana Sok is lauded for his expertise in commercial matters. "He's among the top Cambodian lawyers, someone whom I respect enormously," a peer affirms. Sok's wealth of experience includes holding top posts in Cambodia's Ministry of Commerce, the International Trade Centre and a joint agency of the WTO and UNCTAD.

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.

National University of Battambang Engages in International Smart City Project in Greece

Dr. Sam Rany, Vice-Rector who is a representative of H.E. Sok Khorn, Rector of the National University of Battambang, recently spearheaded a...