Local tourists (left) use binoculars to look out over the cliff at Preah Vihear temple toward a Thai military camp near the Thai-Cambodian border during the Khmer New Year holiday. Photo by Scott Howes

Preah Vihear province

Above the din of military trucks and SUVs rolling past on their way to Preah Vihear temple, off-duty police merrily clanking beer cans shout: “Kampuchea! Preah Vihear!”
Outside the restaurants, however, a quiet tension is brewing as the International Court of Justice this week hears rival claims from Cambodia and Thailand to disputed land surrounding the temple in a case many here fear could reignite vicious military clashes. 

Opportunistic small-business owners such as 30-year-old Pich Tong have bet their fortunes on a tourism boom in the nearby town of Sra Em, the final gateway to the 11th-century Hindu temple.

During the recent years of peace, the gamble has paid off, but Tong and others are only too aware how quickly this could change.  
“People here are worried the fighting would start again like in 2011 and 2008. If Cambodians and Thais start fighting, no tourists will come,” he said. 

“The government should discuss with the Thai government about the matter – there should be no more fighting.”

Dozens of soldiers were killed and tens of thousands left displaced when tensions flared in 2011. However, the tourist dollars have begun flowing in since the fragile peace deal that was brokered to end the standoff. 

Like many others in Sra Em, Tong, a former tuk-tuk driver from Siem Reap, has watched the restaurant he set up with his wife and daughter in 2012 flourish into a lucrative venture. 

Tourist and border police captain Chan Dara, 38, said that during the Khmer New Year holiday, about 2,000 domestic tourists were expected to journey to the temple up the 525-metre cliff lined with armed personnel that leads to its entrance.

“We still have to protect our border and the tourists,” Dara said. 

Tourist arrivals to the temple skyrocketed by 79 per cent last year, with almost 100,000 visitors coming to marvel at the Angkorian ruins, according to statistics from the Preah Vihear provincial tourism department. 

Like Tong, the Cambodian government is looking to capitalise on the booming interest in the temple, which has grown sharply since it was declared a UNESCO World Heritage Site in 2008.

Minister of Tourism Thong Khon said plans are in the works to recreate an ancient Angkorian-era highway connecting Preah Vihear to that other great jewel of the once mighty Khmer empire, Angkor Wat, and beyond.

“Tourists from Laos would be able to visit Preah Vihear and reach Siem Reap easily with the new highway,” Khon said.

The highway would stretch all the way up to Wat Phu, a famous Khmer temple in Laos, he added.

These plans, Khon said, are central to the government’s strategy of lifting the economically struggling province out of poverty. 

“We don’t have many hotels and resort accommodation in Preah Vihear yet, but in the next few years, there will be a lot more.”

But even the humble foundations of tourism that have already been laid in Sra Em and at the temple itself represent remarkable development, said archaeologist Professor Thuy Chanthourn, who has studied the temple for more than a decade. 

“In 1997, there was nothing, no market, no town, just the temple and landmines,” he said. 

This emerging prosperity in Preah Vihear hinges on the maintenance of a fragile peace that was brokered midway through 2011, ending fierce clashes and leading the Cambodian government to call for the ICJ to intervene. 

Despite the détente, the dispute over a 4.6-square-kilometre area surrounding the temple has remained a powerful lever primarily harnessed by Thai opposition Democrat Party-aligned “Yellow Shirts” for nationalistic traction.

Just last week, Yellow Shirts massed on the Thai side of the border protesting Cambodia’s claim to the land, while others have called on the Thai government to reject the ICJ’s ruling if it turns out unfavourable.

Chanthourn worries that if the ICJ rules in Cambodia’s favour, the Yellow Shirts’ rumblings could spark a fresh conflict that would not only derail tourism development at the temple but could result in damage to – or even collapse of – the ruins. 

Dr Pavin Chachavalpongpun, from Kyoto University’s Centre for South East Asian Studies and a former Thai diplomat, said the ICJ’s decision was a near foregone conclusion and that could spell trouble.   

“The level of confidence [in Cambodia] has been really high, since Cambodia is the rightful owner of the temple – logically speaking, you cannot just have the temple; the land around it would belong to you as well.”

While Thai Prime Minister Yingluck Shinawatra was “in a unique position to be able to control the situation” having significantly improved relations with Cambodia, Pavin warned that she may not be able to control Yellow Shirts backed by elements of the armed forces. 

For his part, Prime Minister Hun Sen has been doing his best to ensure that Cambodians resist any provocations, last week calling on the public and armed forces to “keep cool during the oral [ICJ] hearings”.

Speculation over whether or not the two increasingly friendly governments will be able to keep a lid on ultra-nationalistic sentiment during the court rulings remains fierce, but Minister of Tourism Khon is not riled.  

“We have no problem. Preah Vihear has belonged to us for a long time.”

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Bus scare brings lesson in a spirit of generosity

Khmer New Year falls around mid-April, and every year the people who live in Phnom Penh leave the city to their home provinces or get out of town to celebrate the three-day holiday. This year my girlfriends and I decided to take a trip to Siem Reap, the province where the Angkor Temples are located, about 315 kilometres from Phnom Penh.

We chose to go on the Giant Ibis Transport, an affordable luxury bus in Cambodia, catering to passengers since 2012. With destinations to Siem Reap and Kampot, the Giant Ibis Bus has deluxe leather seats, air conditioner, complimentary snacks and water, and exceptional customer service. A round trip ticket from Phnom Penh to Siem Reap is only $26.

Traffic was horrific getting out of Phnom Penh the day before Khmer New Year, and our bus driver, Sitha, was very patient. National Road 4, which is a one lane road, turned into a three-lane road, as cars, motorbikes and tuk-tuks tried to cut in front of each other. The Giant Ibis Bus had no control of the other vehicles cutting in front of it. Then a pickup truck, filled up with over a dozen people, and stacked with four motorcycles, sideswiped the bus, as it cut in front of us. 

Traffic accidents are one of the leading causes of death in Cambodia. Speeding and drunk driving are the main causes, and motorbikes are the most common vehicle involved in traffic accidents. The traffic laws in Cambodia are not regularly enforced, and corruption in the police system exists in Cambodia. In other developing countries, the corruption is better hidden.

Sitha stopped the bus and stepped out to see the damage that had been done to the Giant Ibis. A long scratch mark and dent, caused by a motorcycle on the truck, was across the right side of the bus, close to the door. The bus driver could only hope the police were there to arrest the driver. Instead, a small fee was given to Sitha, by the truck driver, and both went their separate ways. Luckily, nobody was hurt.

We stopped at Kampong Thom for lunch, a province halfway between Phnom Penh and Siem Reap. As the passengers were eating, I chatted with the assistant of the bus and Sitha. I asked about the minor accident earlier. Sitha showed me the damaged area and said he would have to pay for it as he is responsible for the bus. “The truck driver only had $30, and that’s all they can afford to give me”, stated Sitha.

I asked if it was OK to donate money and help him pay for the damage. Sitha and his assistant were speechless, but declined the offer. I asked again, but this time if my friends and I can help chip in to pay for it. Again, they declined. 

As we got back on the bus I asked to use the microphone to speak to the passengers. Sitha and his assistant agreed. I briefly explained what happened earlier. Without any hesitation, the passengers voluntarily chipped in to help. This is what the goodness of the human spirit is all about; helping those in need. There is nothing equal to human caring and human will. Thank you to all the passengers for their generosity.

I hope everybody had a wonderful and safe Khmer New Year.

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Tycoon turns wanted son in to court

A well-known property tycoon whose son is wanted in court turned him in yesterday on the advice of the chief of municipal police, according to officials.

Oknha Duong Ngiep arrived at the Phnom Penh Municipal Court yesterday afternoon with his 20-year-old son, Duong Chhay, accompanied by Choun Sovann, the city’s Municipal Police chief, said Phnom Penh Municipal Court president Chiv Keng.

Chhay is wanted by the court for allegedly causing injury, possessing illegal weapons and destroying private property. His brother, 17-year-old Duong Kimlong, was arrested Sunday on the same accusations.

Last Friday, the brothers were celebrating the Khmer New Year with friends at a restaurant in the Chamkarmon district when the group got into an argument with another group of six youths, said Ya Kim Y, Phnom Penh Municipal Military Police commander.

The argument escalated into fisticuffs, and in the heated exchange, Kimlong took out a concealed pistol he was carrying and pistol-whipped a 28-year-old man with whom he was fighting, added Kim Y.

“The attack caused him to be seriously injured,” Kim Y said of the victim. “After that, [Kimlong] threatened to shoot [the victim’s other friends] when they tried to come to his aid.”

The group then made a quick getaway in their luxury cars, he added, but not before they smashed plates, dishes and other furniture in the restaurant. 

Police found and arrested Kimlong, along with his bodyguard Ly Rayuth, 20, at a condominium unit owned by his father in the Chamkarmon district two days later. They also confiscated two pistols, an AK-47 assault rifle and some ammunition.

Both Kimlong and Chhay were charged yesterday with causing injury, possessing illegal weapons and destroying private property. 

Kimlong was sent to Prey Sar prison pending his trial, while Chhay spent the night at the police headquarters in Russey Keo district for further questioning today, said court president Keng.

Keng declined to comment as to whether Chhay would eventually join his brother at Prey Sar prison pending their trial.

At least two other suspects – known only as Sna and Mab, and believed to be the brothers’ drivers – are also wanted in connection with the case, said an officer at the municipal court who declined to be named because he was not authorised to speak to the media.

Nach Try, the defence lawyer for the brothers, declined to comment, claiming that he had not yet read the court’s charges against his clients or completed his own research and investigation into the case.

Meanwhile, both Keng and Kim Y were all praises for Ngiep’s uncompromising parenting methods.

“[Turning his son in] was a good deed. Every father has to educate their children to be good  people and to respect the rule of law in our country,” said Keng.

Kim Y called Ngiep a good role model and said this was proof that connections and wealth were no protection against wrongdoing.

“This sends a message to other tycoons, rich people and other high-ranking government officials that their children have to abide by the law,” Kim Y said.

The Duong family could not be reached for comment yesterday.

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The forgotten massacre Killing Fields in Vietnam recalled by few

Brushing the silver and black strands of hair back across the left side of her forehead, Ha Thi Nga exposes a light scar about an inch long. Her hand moves down to a fold of skin on her neck where she touches another mark left   from a bullet wound.

She’s sitting outside her tiny roadside shop in Vietnam’s Ba Chuc commune, just over the southeast border of Cambodia’s Takeo province, and telling of how she – and just a handful of others – survived a 12-day massacre.

Yesterday marked the 35th anniversary of the Ba Chuc killings, which started on the that date in 1978 and lasted nearly two weeks. In this green and mountainous patch of the Mekong Delta, Khmer Rouge forces slaughtered at least 3,000 people.  

“They shot my children dead one by one. My youngest, a two-year-old girl, was beaten three times but did not die, so they slammed her against a wall until she was dead,” Nga said.  

Her husband was also shot and killed. When a bullet didn’t end her life, soldiers bashed her with a stone on her head and left her to die. She crawled to a nearby mountain and hid out until the attack was over.

“I survived without eating for 12 days,” she said. 

Little talked about in Cambodia, the Ba Chuc massacre was one of, if not the, worst atrocities the Khmer Rouge, in their reign from 1975 to 1979, committed against the Vietnamese and ethnic Khmers living in the same area. 

The Vietnamese, according to researchers, were fed up after similar shows of force in preceding months. They soon moved on Cambodia and captured Phnom Penh on January 7, 1979. 

While a prison warden and senior Khmer Rouge leaders were put on trial for what happened during Democratic Kampuchea, when about a quarter of the population was killed in an attempt to remake Cambodia and start from “Year Zero”, it’s unclear if anyone will ever answer for Ba Chuc.

Lyma Nguyen, a civil party lawyer at the Khmer Rouge tribunal, said the judicially investigated scope of genocide against ethnic Vietnamese (as charged against Nuon Chea, Khieu Samphan, the late Ieng Sary and his unfit-to-stand-trial wife, Ieng Thirith, in the current Case 002) included “incursions into Vietnam”, which would - in theory - contain Ba Chuc.

But given widespread doubts that the case will proceed beyond its first mini-trial, which focuses largely on forced population transfer, “it is most unlikely that trial proceedings in Case 002 will reach a stage where evidence of attacks against ethnic Vietnamese civilians on what is now accepted as Vietnamese territory, will be heard,” she said. 

What most who have looked at the Ba Chuc massacre agree on is that it was incited by a speech given on the third anniversary of the Khmer Rouge reign by none other than the head of the movement, Pol Pot, who bragged about cleansing “Kampuchea” of the Vietnamese, using the derogatory word “Yuon” to refer to them. 

“They wanted to take Kampuchea; they wanted to swallow up Kampuchea easily. Could they? They could not,” he said in the speech. 

“And now, how about the Yuon? There are no Yuon in Kampuchean territory.

“Formerly, there were nearly one million of them. Now there is not one seed of them to be found.”

Although Vietnamese communist forces had helped the Khmer Rouge in the beginn-ing, diplomatic relations worsened as both the troops of Lon Nol, who overthrew then-Prince Norodom Sihanouk in a 1970 coup, and Pol Pot, who effectively replaced Lon Nol in 1975 when the Khmer Rouge rose to power, carried out acts of ethnic cleansing and murder against them.

According to a former Vietnamese diplomat posted in Cambodia, from 1970 to 1975, “the Pol Pot clique caused 174 incidents, killing 301 of us, wounding 233 and causing 38 to go missing,” he wrote in a paper exploring relations between the two countries.

The Pol Pot speech in 1978, then, was par for the course. Dripping with anti-Vietnamese invective, it acted as a subtle call to arms.

“It was a hate speech where he truly believed that it was ‘hate’ that made the Khmer Rouge strong. And it led to the attacks blindly,” Youk Chhang, executive director of the Documentation Center of Cambodia, said. 

Rich Arant, a former trans-lator at the Khmer Rouge tribunal who has done research on Ba Chuc, said in an email that “the occurrence of this massacre immediately after Pol Pot’s speech on the third anniversary of his regime was more than coincidence and stands as evidence of genocidal intent.” 

“In the eyes of Vietnamese military veterans, Ba Chuc was the final straw that justified their action to remove the Democratic Kampuchea regime.”

As an attack, it was brutal and terrifying. Khmer Rouge soldiers who didn’t have guns stabbed victims with bamboo sticks. They killed 40 people by throwing grenades into the crawl space of nearby temple, where the fleeing had attemp-ted to hide. 

Choeng Van Eang, a 53-year-old motodup, heard gunfire and escaped to a safer place about 50 kilometres away to wait it out.

He was 18 at the time, and later heard stories about vill-agers trying to conceal themselves in the mountain overlooking Ba Chuc.  

“When children cried, parents covered their faces until they suffocated, so that soldiers could not find them,” Van Eang said.

After returning, he said, Vietnamese forces had launched a counter-attack and killed some of the marauding soldiers.  “We saw the corpses of Pol Pot soldiers in the canal. Fish were eating them.”  

After nearly dying of her bullet wound and hunger, Nga came down from the mountain and found a doctor, who said she was incredibly lucky to be alive.

She stayed on in Ba Chuc, where the Vietnamese authorities have constructed a memorial and built a museum with historical photos.

A concrete structure with a flat roof held up by four columns, the memorial displays the bones and skulls of the victims behind glass, similar to the Killing Fields stupa outside  Phnom Penh.

The other similarity is that it has become a tourist site.

On the anniversary of the attacks, Vietnamese visitors milled about the grounds. Buses pulled in carrying more, while vendors sold trinkets and snacks.

Across the street, Nga sat outside her drink stand, bought with money Vietnamese tourists donated to her.

Her fellow survivors have died, and anyone with quest-ions about Ba Chuc usually finds their way to her stand. She obliges.

As for justice, compensat-ion or recognition of a meaningful kind, too many years have passed for Nga to care.

“I’m old now, and I do not want to take revenge on Pol Pot or Cambodia,” she said. 

Every year, Nga prays for her children, her husband and all the other dead, hoping that they can live in a peaceful place. 

“I have been living alone and selling drinks like this, so that I do forget it from time to time,” she said.

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PM Hun Sen chastises RCFA for unprofessionalism

Prime Minister Hun Sen yesterday blasted unnamed senior military officers for breaking RCAF regulations and urged the Ministry of Defence to improve both its training and its level  of professionalism.

Speaking at the inauguration of the Chinese-Cambodian Friendship Infantry Institution — a new facility at Kampong Speu’s Combined Arms Officer School Thlok Tasek — the premier said there were reports that unqualified officers had bribed their way to higher ranks.

“What we are interested in at the moment is irregularities in the promotion of military officers that were not conducted in a good manner,” he told the gathering of about 1,000 newly graduated soldiers.

The soldiers returned recently from a Chinese military academy. At the new facility in Phnom Sruoch district, young soldiers will receive quality training from Chinese advisers to improve their knowledge and skill so  they can replace retiring officers.

Calling for stricter regulation and enforcement of laws already in place, the premier also suggested the Defence Ministry “conduct a study into the establishment of sub-decrees and Prakases about the training of RCAF to keep them in order and effective.”

“Some senior military officials have not respected the law on the statute of RCAF and general procedure,” Hun Sen said.

His suggestion was given concurrent to a National Assembly debate that took place yesterday over a long-dormant draft law to create an oversight body called the Supreme Council of National Defence.

The council would be given the right to monitor the military and take disciplinary action against officers.

It would also be responsible, more generally, for safeguarding the nation’s territorial integrity and would have the power to evaluate whether to declare a state of emergency.

In the law that passed yesterday – with 85 of 97 lawmakers present voting in its favour – King Norodom Sihamoni would serve as head and Hun Sen as deputy president.

The members of the council – enshrined in the constitution two decades ago – are the minister of Defence, minister of Interior, head of the Council of Ministers, minister of Foreign Affairs, Finance minister, and general-commander of RCAF.

That composition drew the ire of opposition lawmakers, who said during yesterday’s debate they were concerned over the heavy presence of the ruling party on the council.

“We think that the members and deputy president would all be from the CPP, therefore it would not guarantee for the neutrality,” said lawmaker and Sam Rainsy Party spokesman Yim Sovann. “I would request for amendment of the composition and will provide to the power for the King to elect the members.”

Such criticisms, however, did little to sway the vote.

Minister of Interior Sar Kheng, who is also a lawmaker and would be among the members once the law goes into affect, defended the structure during the five-hour debate.

“The law did not name the members, just the title, therefore if another political party comes to take the power in the government, they would sit in this composition,” he argued.

Source: Phnompenhpost.com

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Bra factory strikers look to ministry for support

A police officer tells workers from the Top Form garment factory to back away from the road during a protest in Phnom Penh yesterday. Photograph: Phnom Penh Post
About 300 workers entered their sixth day of strikes yesterday at a bra factory in the capital, which manufactures lingerie supplied to Victoria’s Secret and Valentino, but their hopes of a quick resolution were dashed when a Ministry of Social Affairs official admitted he was clueless as to the taxation issue they were striking over. Kae Soksitthiny, the ministry adviser tasked with bringing the strike to a peaceful end through mediation between management and workers, said the strikers claimed their employer was withholding up to $9 per month “tax” from their wages, which are $61 per month before bonuses and overtime. Soksitthiny, however, said he could not resolve the issue because did not know whether the alleged actions of the company were legal or not. “We just received such information for the first time and are unaware under what circumstances a workers’ salary can be taxed by the employer. Therefore, only the Arbitration Council can provide a ruling on this,” he said. Chhum Sokhum, 32, one of the workers’ representatives, said the factory was not only cutting as much as $9 from their monthly wage, it was also deducting an additional 200 riel (US$0.05) each time they worked overtime. “Our base salary is around $60,” she said. “In order to lift it to more than $100 per month, the [workers] have to work overtime every day. We just can’t afford to have money taken out like this,” she said. Workers were also demanding the company improve other working conditions. The strikers, who had gathered at a petrol station near the factory in Russey Keo district, were blocked by police as they marched along National Road 5 towards Phnom Penh City Hall and the residence of Prime Minister Hun Sen. Factory bosses invited five workers’ representatives to negotiate with them, but the workers refused and went home.
(Source:PhnomPenhPost)

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Ieng Thirith to be released

Trial Chamber judges at the Khmer Rouge tribunal have ordered the unconditional release from detention of former regime “first lady” Ieng Thirith due to her “likely irreversible” dementia. The crimes against humanity and genocide suspect has had the proceedings in Case 002 against her stayed indefinitely and judges have imposed no judicial conditions on her release, public affairs officer Yuko Maeda told the Post yesterday. “She will have to abide by rule 35 [no interference in the administration of justice] and the judges will continue to undertake enquiry into any medical developments that may help her conditions,” Maeda said. A panel of court-appointed experts two weeks ago found 80-year-old Ieng Thirith suffered from moderate to severe dementia and was unfit to stand trial. Despite contradictory medical findings from the former Minister for Social Action’s Cambodian treating doctor, judges yesterday said in their decision that “there is no prospect that the Accused can be tried in the foreseeable future”. The prosecution had requested six conditions to Ieng Thirith’s release, including that she make herself available for weekly safety checks. However, the judges declined to impose any conditions on the release. “Coercive conditions would in any case be difficult to enforce, given the Accused’s mental capacity,” judges said. Deputy international co-prosecutor William Smith said the prosecution, which has 24 hours to appeal the decision, was reviewing its position. “The Co-Prosecutors are reviewing the decision to determine what, if any, further legal steps need to be taken,” Smith said. The prosecution had agreed that Ieng Thirith was unfit to stand trial and not argued against her release. If no appeal is lodged, Pol Pot’s sister-in-law will be released at 10:30am today. After Trial Chamber judges found Ieng Thirith unfit to stand trial in November last year, prosecutors appealed the decision to the Supreme Court Chamber, which overturned the order and ultimately called for continued medical treatment to improve her condition. Phat Pouv Seang, defence lawyer for Ieng Thirith, called the decision “good news”. “Further steps after she leaves the ECCC is her family’s decision. I think it is still quite confidential whether she will go to stay in Phnom Penh or Pailin,” he said. Civil party lead co-lawyer Elisabeth Simonneau Fort said it was not a desired outcome, but it was a legally right decision. “I think that she is clearly unfit, and the only possibility was to release. “Even if it is difficult for the victims, I think we want to respect international conduct. It’s the right decision,” Simonneau Fort said, adding that it was of paramount importance civil parties clearly understood the reason for the decision. The tribunal should be using their outreach program to explain the decisions to civil parties and the public at large, tribunal monitor Clair Duffy of the Open Society Justice Initiative said. “That is the most important thing. Many people in Cambodia and around the world in the diaspora will want to know why this has happened and that is a very legitimate reaction,” Duffy said. The decision is a positive model of international standards for Cambodian courts, Duffy said. While no security conditions were ordered, Duffy said she had heard no evidene to indicate Ieng Thirith’s safety would be in danger upon her release. Defence lawyers for other Case 002 co-accused similarly applauded the merit of the decision. Brother No. 2 Nuon Chea’s defence lawyer Andrew Ianuzzi called the ruling the “best decision to come out of the court”. Michael Karnavas, lawyer for Ieng Thirith’s husband, Ieng Sary, similarly welcomed the decision. “I think the court got it right,” he said. Former Khmer Rouge Minister for Foreign Affairs Ieng Sary himself has been plagued with ill health, and was admitted to hospital again last week, causing hearings in the landmark Case 002 to be postponed. Both Nuon Chea and Ieng Sary have previously sought rulings on their fitness to stand trial. Rights groups welcomed the decision as a positive example, but noted that problems of fitness would continue to plague the tribunal. “Of course we understand that it will be difficult for victims, but we welcome it from a human rights perspective and the message it is sending the Cambodian courts,” Amnesty International researcher Rupert Abbott said. “It is possible the trial will not be completed because of the fitness issues, but from our perspective, it is better for a trial to be not completed and fair trial rights respected than the other way round.”

(souce:www.phnompenhpost.com)

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