Monday 6 August 2012

Scam brokers nabbed at Phnom Penh airport

South Korea: New regulation will increase risk of exploitation for migrant workers

Amnesty International calls on South Korea’s Ministry of Employment and Labour to
withdraw a new regulation under the Employment Permit System (EPS) that would
dramatically reduce migrant workers’ ability to change jobs.


Under the “Measure for Improvement in Foreign Workers’ Change of Workplaces and
Prevention of Broker Intervention”, due to come into effect on 1 August, migrant
workers in search of new employment will no longer have access to a list of
prospective employers. Instead the Ministry of Employment and Labour will provide a
list of job-seeking migrants to employers only. If migrants are not recruited for a new
job within three months, they will lose their work visa, thus risking arrest,
imprisonment and deportation.


Under the new measure, migrant workers face further difficulties in changing jobs, as
any refusal of a job offer “without rational reason” will result in being struck off the
job-seekers list for two weeks. Amnesty International is concerned that these changes
will discourage migrant workers from leaving exploitative working conditions and force
many to accept jobs in order to avoid the penalties.


“South Korea’s new policy tips the balance even further in favour of exploitative
employers by unfairly penalising migrant workers who wish to change jobs,” said
Norma Kang Muico, Amnesty International’s Researcher for Asia-Pacific Migrants’
Rights. “In order to ensure continued employment, migrants are more likely than
South Korean workers to put up with poor working conditions, abuse and
exploitation.”

This new measure follows a previous amendment to the EPS, implemented earlier this
month, whereby migrant workers were allowed to renew their visas for another four
year and 10 month term, provided that they had no previous record of changing
workplaces. Migrant groups in South Korea have expressed concern that this, along
with the new measure, will put extreme pressure on migrant workers to stay with their
original employers, even in the face of exploitative working conditions.
Amnesty International’s research has found that restrictions on changing jobs severely
hinder migrant workers from raising abuses at work, such as late or non-payment of
wages or benefits, inadequate safety measures, and physical or sexual violence.
Amnesty International is concerned that the Ministry of Employment and Labour’s
policies affecting migrant workers increasingly undermine their human rights.
Similarly, the International Labour Organization (ILO) has repeatedly raised concerns
that EPS workers are vulnerable to discrimination and abuse, particularly if there are
insufficient safeguards to protect them in cases of infringements of their rights by
employers.

“The Government has a duty to protect the rights of EPS workers, but instead it has
introduced draconian policies which risk creating a pliant migrant workforce willing to
put up with abuse and exploitation,” said Norma Kang Muico. “The equality of labour
rights between migrants and Korean nationals, enshrined in the Constitution, simply
does not apply in practice.”

Amnesty International urges the Ministry of Employment and Labour to withdraw
plans to introduce the “Measure for Improvement in Foreign Workers’ Change of
Workplaces and Prevention of Broker Intervention” and to amend the EPS Act to allow
greater flexibility for migrant workers to leave their jobs and find new employment,
including removing restrictions and deterrents which are designed to stop migrant
workers changing jobs; the requirement for employer’s permission to change jobs; and
the time limit for finding a new job.

Saturday 4 August 2012

Soldiers Help Register Land

(Radio Free Asia)
2012-08-03
Cambodia sends soldiers to help provide land titles to villagers lacking the documents.

Cambodian authorities have dispatched soldiers to villages to help people register their land in a bid to ameliorate widespread land disputes in the country, but rights groups say the move does not go far enough.

The Ministry of Land Management, and the National Committee for Land Dispute Resolutions this week sent 700 soldiers to work as volunteers to register the land for the villagers and help them obtain land titles.

The project is effectively aimed at helping survey and demarcate the land for villagers who are the actual owners of the land but have no documents to back their claims.
The soldiers were the second batch in the project after authorities sent 1,100 soldiers to measure land and provide land titles to 35,000 families in 20 provinces.

The project is funded personally by Prime Minister Hun Sen, who has called it a “historic” mission to “eliminate land disputes” in the country.

Hun Sen’s son Hun Manit, deputy secretary general of the National Committee for Land Dispute Resolution, addressed the soldiers on Thursday, warning them not to take bribes while registering the land.

“Your tasks are not to resolve land disputes or play the role of judge. You are assigned to measure the land according to the people’s legal ownership,” Hun Manit said.

“We should not be a headache for the villagers; we must remain innocent,” he said.
Land disputes are an everyday occurrence in Cambodia, where rights groups say some 300,000 people have been forced off their land over the past decade.

The government has granted millions of hectares of land in concessions to private developers, in some cases pitting residents against developers and sparking protests.

Hun Sen said the project will help ease land disputes, warning critics on Wednesday not to accuse the soldiers of taking sides in the disputes.

“The soldiers will measure land that has [clear] legal ownership, and land that remains under dispute is not part of their work,” he said.

Long-term solution needed

But NGO and opposition party members were wary that the project, which is funded with Hun Sen’s personal money, was part of a ploy to gain political support for the ruling Cambodian People’s Party.
Sia Phearum, director of the Housing Rights Task Force, an NGO coalition that works to prevent forced evictions and housing rights violations in Cambodia, said sending soldiers to register land would not be enough to solve the issue of land disputes in the long run.

“From what I have observed, the prime minister’s effort is not sustainable,” he said.
“This is just for showing that the prime minister wants to put an end to land disputes.”
He said land disputes should be resolved through the court system and that the government should focus on making existing state resources more efficient in dealing with them.

Cambodia’s land issues date from the 1975-79 Khmer Rouge regime, which forced large-scale evacuations and relocations throughout the country, leaving who owned what land under question.
This was followed by mass confusion over land rights and the formation of squatter communities when the refugees returned in the 1990’s after a decade of civil war.

Hun Sen has publicly spoken out against an increasing number of land seizures. But rights groups questioned his commitment to protecting the Cambodian people from illegal land grabs and forced evictions since he authorized land concessions to three private companies in May, just after announcing a moratorium on further grants.

Reported by Sok Serey for RFA's Khmer service. Translated by Samean Yun. Written in English by Rachel Vandenbrink.

Foreign Minister Blasts Tribunal Defense Over Witness Testimony

Kong Sothanarith, VOA Khmer
PHNOM PENH - Foreign Minister Hor Namhong has accused defense lawyers for stirring up controversy in their questioning of a witness at the UN-backed Khmer Rouge tribunal, who claimed the minister had been a member of the regime.

The witness, Rochem Tun, said in court that Hor Namhong had run Phnom Penh’s Boeung Trabek prison camp for the regime.

Hor Namhong said in a statement on his ministry’s website Thursday he was a prisoner there, “where I lost two sisters, their husbands, children and a niece as well as countless colleagues.” He accused the defense team of Nuon Chea, who is on trial for atrocity crimes, of politicizing the court and “stirring up controversy” for questioning Rochem Tun about his role there.

In 2008, Hor Namhong sued opposition leader Sam Rainsy in French and Cambodian courts for making similar claims about his role at the camp. But Rochem Tun told the court this week that Hor Namhong was in charge of the camp for the regime.

Noun Chea’s attorneys have in the past week pushed Rochem Tun, who was a messenger for top officials and a top administration official for the regime’s foreign ministry, to describe the roles of Hor Namhong and Keat Chhon, the Cambodian current Finance Minister. Keat Chhon has not commented on his role in the regime.

Both men and four other top government officials ignored summonses from the court to appear as witnesses in the current case against Nuon Chea, the regime’s ideologue, Ieng Sary, its foreign minister, and Khieu Samphan, its head of state.

Defense attorneys have said they cannot get a fair trial, given the opposition of top officials to the work of the court.

“It is unfortunate that those who continue to defend the legacy of the Khmer Rouge regime seek, in the interest of their defense, to deflect attention from themselves and their cases, by way of stirring up controversy around public figures like myself,” Hor Namhong said in a statement.

‘Secessionist’ Accusations Continue To Worry Rights Advocates

Sok Khemara, VOA Khmer
WASHINGTON DC - Prime Minister Hun Sen has said he wants more suspects questioned in an alleged secessionist plot against the government, sparking concern among rights workers they will be stopped from doing their jobs.

A number of suspects have been rounded up for allegedly leading a plot in Kratie province, a government charge widely considered exaggerated. Among them is Beehive Radio owner Mam Sonando, who remains in prison awaiting trial.

Amnesty International said this week they considered him a “prisoner of conscience” and urged his release. But the premier’s continued pursuit of the so-called secessionist plot will create a chilling effect on rights workers, said Ou Virak, head of the Cambodian Center for Human Rights.

“There will be self-censorship,” he said. “When there is self-censorship, that means this fear will affect the effectiveness of NGO work.”

Mam Sonando’s arrest and the subsequent secessionist crackdown are bad precedents, he said, which could lead to less and less oversight of the government by civil society, whose advocates fear being charged in similar plots.

Mam Sonando is charged with leading the Kratie plot through the Association of  Democrats, following a violent government crackdown on villagers there.

Amnesty said in a statement, however, the real reason behind his arrest seemed to be the popularity of his association and his radio broadcasts, including news of an US-based group that has filed a complaint with the International Criminal Court over the government’s displacement of thousands of families in land disputes.

Four out of five men who were arrested in connection with the alleged secessionist plot have put the blame on Mam Sonando, according to Cambodian justice officials. Another man accused of leading the Kratie plot is Bun Rotha, believed to be hiding in Thailand.

Hun Sen said Wednesday he wanted an NGO official brought to court to answer for Bun Rotha’s escape from the country.

In interviews with VOA Khmer, Bun Rotha has denied there was a secessionist plot in Kratie, where villagers violently opposed a land grab, and said Mam Sonando had nothing to do with the demonstrations there.

Independent political analyst Lao Monghay said this week Hun Sen should leave the issue to law enforcement experts, rather than calling for more court action. His involvement makes the issue political, not legal, he said.

New Judge Has Chance to Improve Tribunal’s Legacy, Monitor Says

Sok Khemara, VOA Khmer
WASHINGTON DC - Observers of the Khmer Rouge tribunal say they fear the UN-backed court is not going to be able to complete its work, leaving a failed legacy in the face of government opposition to two more cases.

Latt Ky, a monitor for the rights group Adhoc, said he is concerned with the slow pace of progress in cases 003 and 004, which would require five more arrests and indictments, but the recent UN nomination of an investigating judge could signal continued interest in their pursuit.

“I hope the UN will not leave these cases half way, because if they leave them half way, it’s a failed model for other criminal courts,” he said.

The tribunal, which stood up in 2006, has weathered continued funding woes, allegations of corruption and mismanagement and controversy over government interference.

It is now facing donor fatigue, with international funding dwindling, as well as disillusionment among those victims who have sought to participate in the process, Latt Ky said.

With the UN announcement this week of the appointment of Mark Harmon, an American judge, to replace a resigned investigating judge, the court has a chance to continue its work, he said. “But how much further it can go, I don’t know,” he said.

At stake in cases 003 and 004 are the potential indictments of five more Khmer Rouge cadre, whom prosecutors say were most responsible for mass killings at prison camps, in purges and in labor cooperatives.

Prime Minister Hun Sen has said these cases must not go forward, lest they unsettle former Khmer Rouge. Victims say they want the court to try as many responsible as possible.

Three investigating judges have resigned from their position since the tribunal’s inception. The most recent two were over the two cases, with the last judge, Laurent Kasper-Ansermet, claiming he had faced opposition from his Cambodian counterpart. The office has also seen walkouts of international staff over its handling of the cases.

Latt Ky said he wanted to see the two cases pursued to their conclusion, even if that means only officially naming the five suspects—something the court has refused to do, despite name leaks to local and international media.

Tribunal spokesman Neth Pheaktra said he believed the judges will be able to overcome any problems or differences through internal court procedures. “We don’t believe there is anything we can’t solve when there are obstacles in the future,” he said.

Asean Meeting Failures Continue to Ripple

Nash Jenkins, VOA Khmer
When the Asean Regional Forum came to a discordant end in Phnom Penh last month, analysts say the aftermath has exposed two brands of failure.

There were the more blatant shortcomings, like the inability to draft legitimate plans for resolving territorial conflict in the South China Sea, and then there were the consequences of these failings: a neglect of timely issues that have now found a place on Asean’s backburner.

Plans for economic integration in Southeast Asia were among the topics to hear little constructive discourse, as has been the case since Southeast Asian foreign ministers first drafted the outline for a “stronger, more united, cohesive Asean” in 2008.

The plans call for the establishment of the Asean Economic Community: a multilateral economic entity that will blanket Southeast Asian countries with a single-market system with the open flow of goods, services, capital, and investment. It is a comprehensive goal, fundamentally economic in theory but inevitably political and sociocultural in consequence, and an ambitious one, Asean officials and representatives have come to realize.

The Roadmap for an Asean Community, published in 2009 as a manual of sorts for the cohesion process, holds 2015 as the point at which the world will see clear results of the efforts in economic integration. The Community’s six-year construction period is now half over, with little marked improvement in terms of economic unification.

The plans themselves are broad-reaching and written with the trademark ambiguity of most Asean initiatives, touting the envisioned body as a “rules-based community of values and norms.”

The most substantive step towards unification since 2009 has been the implementation of the Asean Single Window – a loosening of customs standards, thus far only in certain member states – a process that “took years, step by step by step,” Gregory Poling, a research associate at the Center for Strategic and International Studies in Washington, said.

Baby-step progress, Poling said, is par for the course in Asean legislation, and that further steps in the creation of the Asean Economic Community will follow the same tempo. In other words, the 2015 benchmark is an empty one.

“You’re going to see it in every single effort,” Poling said. “Asean will set a timetable and say, ‘we’ll have currency markets linked by X date.’ When X date comes along, they’ll be at step one of five, and then they’ll all agree through consensus that they’ll go through step two, step three, and so on, until it’s finally finished.”

At present, what defines the network of Asean’s constituent countries as a whole is precisely that which does not. The 10 states that belong to the body are politically, financially, and culturally disparate, falling along a spectrum capped on one end by Singapore, with one of the world’s most developed capitalist economies, and on the other by nations like Laos, which appears without fail on the United Nations’ annual list of the world’s least developed countries.

Poling argues that this development gap is fundamentally prohibitive to integration: countries like Cambodia and Laos simply lack the capacity to keep up.

Accommodating the limitations of these countries often proves to be a matter of hindsight, resulting in a regular reevaluation of goals and schedules that ultimately leaves the underdog states – those on the mainland, generally – in the dust.

“Asean is notoriously bad at setting realistic timetables for things, and notoriously bad at changing those timetables when it becomes apparent that they’re not realistic,” Poling said. “[This] is why they make vague pronouncements like ‘the less developed countries will be exempted from these requirements until such a time where they are able to fulfill them.’ This essentially means ‘we’re going to move ahead minus mainland southeast Asia until they decide they’re ready to join.’”

Progress also falls short in the face of the region’s ideological clashes, exemplified by the disorder over the South China Sea issue at the Asean Regional Forum in Phnom Penh. The inability of Asean leaders to draft a clear plan for resolving the issue was amplified by heated disagreements and allegations of corruption, suggesting to many a fundamental lack of concord in Southeast Asia.

In short, Poling said, any real plans for Asean as an integrated, unified economic entity within the designated timeframe are “aspirational.” Progress will be seen most clearly on the upper end of the demographic spectrum, with middle-level countries like Malaysia and Thailand gaining the most traction. Ostensibly, the blueprints depict something similar in both fashion and function to the European Union, a parallel that has drawn concern in the wake of the Eurozone financial crisis.

Poling dismisses this similarity, expounding the words of Asean leaders.

“The EU is an entirely different model of integration than Asean,” reads a fact sheet distributed by Asean officials in 2008 to clarify concerns written in the blueprint for the Asean Economic Community.

Poling elaborates, citing crucial differences between Europe and Southeast Asia. Europe’s history is one of perennial conflict across the borders within it, contrasted with the relative isolationism of each of the individual nations in Southeast Asia. Above all, though, it remains an issue of disparity: the gaps in capacity between certain Asean member states are perhaps too wide to bridge.

“Look at the Eurozone,” Poling said. “Look at a place like Germany compared to Greece. That is one tiny, tiny fraction of the gap between a Singapore and a Laos.”

In the wake of Europe’s financial crisis, Asean leaders have further reevaluated their plans for cohesion. Asean has no plans for the creation of a common currency or political identity – defining hallmarks of the European Union – and if they did, recent history would question their potential efficacy.

For now, Poling said, Asean will continue to pursue the “low-hanging fruit” of integration opportunities: logistically tenable developments that, if nothing else, will tether the weakest countries in the region with stronger bodies.

Cambodia Spring' Unlikely, Political Observers Say

Nash Jenkins, VOA Khmer
WASHINGTON, D.C. - In the year and a half of turmoil that has followed the Arab Spring of early 2011, policymakers and analysts have turned to the geopolitical map to assess whether or not the domino-effect revolutionary patterns in the Middle East will catch on in other corners of the developing world.

Southeast Asia, a region with political instability and economic underdevelopment on par with that of pre-revolutionary Syria, has proven prone to this scrutiny.

However, there is little support for the notion of a “Cambodian Spring,” observers say.

The Cambodian government has long held the same characteristics that spurred upheaval after upheaval across the Middle East last year: corrupt processes of lawmaking with roots in patronage, a leader whose power seems to approach permanence in spite of “fair” and “regular” election, and a habit of persecution against those who speak out against it.

Still, that has not been enough to overcome the comforts Cambodians have enjoyed since decades of conflicted ended.
Ultimately, the Cambodian people must decide for themselves when it will be will be worth jeopardizing their hard-won relative security in pursuit of a modern democracy.

“Cambodians are becoming comfortable for the first time in quite a long time,” journalist and blogger Faine Greenwood told VOA Khmer. “They’re making more money, and they don’t want to mess things up… relatively speaking, things are OK.

Greenwood, who lived in Phnom Penh while reporting for the Cambodia Daily, maintains a blog in which she presents her take on the cultural and political affairs of Cambodia and the surrounding region. In a June 5 post, she responded at length to concerns that the flimsy democracy of longtime Prime Minister Hun Sen would prompt a widespread rebellion by the country’s people.

“As depressing as this may sound to outsiders, things will likely have to get much, much worse in Cambodia before the average citizen becomes even vaguely interested in jeopardizing the nation’s relative peace and stability in the name of revolution,” she wrote.

Greenwood said she was prompted to write her post by an article in Foreign Policy by former Phnom Penh Post reporter Thomas Mann Miller, who argues that a legitimate political shift is not on Cambodia’s horizon. To support this claim, Miller relies on the general inefficiency of the opposition Sam
Rainsy Party.

“Rainsy's strategy is premised on a shaky gamble: That the Cambodian people will risk the stability gained in recent years to confront a powerful and entrenched elite with control over all arms of the state,” he writes. “Analysts describe such a scenario as farfetched.

Greenwood, however, takes a broader approach to her disdain.

“[Miller] focused primarily on Sam Rainsy, but I thought there were some other real cultural issues and historic issues that have precluded any ‘Cambodian Spring,’” Greenwood told VOA Khmer in an e-mail.

In her essay, she highlights the wide disparity between the people of Cambodia and the revolutionary masses in the Middle East. The general lack of technological connectivity in Cambodia prohibits access from the media that largely sustained the Arab Spring, especially social media websites, which were so imperative for discussions and planning in Egypt and Libya that one Egyptian man named his newborn daughter “Facebook.”

“I think as more and more Cambodians get online, which is going to happen, it’ll be much more likely for something like this to happen,” Greenwood said. “It would be very hard to organize a revolution over Facebook or Twitter in Cambodia. Give it 10 or 15 years.”

Some hurdles, however, appear more difficult to break down. She points out the fact that in spite of countless government acts of repression against his people and its sizeable blip on the international human rights radar, Hun Sen ultimately isn’t widely unpopular in Cambodia.

“He does a good job of being a populist,” Greenwood said. “He’ll go out in the rice paddies. He’ll visit people in the provinces. He’ll be at every school opening, he’ll be at graduations, he’ll be at groundbreakings – he’s visible. People view him as a man…who’s been wounded in battle, as someone who understands them better than, say, Sam Rainsy.”

Greenwood concurs with Miller on the weakness of the Sam Rainsy Party as a viable alternative to Hun Sen’s regime, citing the opposition’s struggle to maintain popularity in recent elections. Sam Rainsy has seen a considerable decrease of support in the country’s larger cities, once a bastion for support of the party’s contrarian views.
Beyond the variable factors, however, she points out one crucial deficiency among the Cambodian people: the lack of any sort of revolutionary spirit. The mindset of many Cambodians, she says, is largely a passive one, a response to years under a leadership for whom free expression was a capital
offense.

“Some of the young Cambodians I’ve spoken with have said that their parents have told them all their lives that they shouldn’t fight or speak out – they need to be quiet and keep things as they are,” she said. “So many of these young people are thinking that things are OK right now. That might change.”

Friday 3 August 2012

Cambodia’s political merger: maximising the potential

Teachers protest relocation

120803_06

The 2024 Workshops for Foreign Confucius Institute Directors on June 13-21, 2024 at Sichuan Province, China

My sincere thanks and gratitude go to my respectful Rector, H.E. Sok Khorn , and the Chinese Confucius Institute Director, Prof. Yi Yongzhon...