Amnesty International USA: Cambodia Government Must Protect Victims
Survivors of rape in Cambodia face limited access to justice, medical services and counseling, Amnesty International said in a report issued today, as rapes of women and girls appear to be increasing. Breaking the silence: Sexual violence in Cambodia, issued to mark International Women's Day, exposed how corruption and discrimination within the police and courts prevent survivors of rape from receiving justice and required assistance, while most perpetrators went unpunished "Dozens of survivors told us that they face extortion, ignorance and disbelief from officials whose job it should be to assist them and protect their rights," said Donna Guest, Amnesty International's Asia-Pacific Deputy Director. "For too many survivors of rape, the pursuit of justice and medical support adds further distress to the initial abuse." Amnesty International researchers found sex workers and women living in poverty faced serious obstacles in seeking justice and medical services. They were unable to pay bribes which were often required of them from the police and others, and could not afford legal or medical services. The report includes 30 interviews with women and girls aged between 10 and 40. The family of a 19 year-old girl with a learning disability explained how police officers ignored their complaint when Mony was raped in late 2009. "The police only work if you have money, if you can pay. With around 100,000 riels [approx 25 USD] perhaps we could have secured an arrest, but we don't have that," said her father. He said that Mony lived in constant fear of the perpetrator, who remained at large. The family also struggled to afford the medicine she needed, and described transportation costs to court and police as very difficult. Cambodian society, like many around the world, exhibits deeply engrained gender discrimination that stigmatizes survivors of sexual assaults, while perpetrators, who mostly remain at large, face limited, if any, sanction. "With the lack of social support towards victims, it is crucial that the government breaks the silence and publicly condemns sexual violence, to show that it will not tolerate such serious crimes and to acknowledge the pain of the survivors," said Donna Guest. With a new Penal Code entering into force in late 2010, Amnesty International calls on the Cambodian government to firmly address inadequate law enforcement, extra-judicial settlements, weak prosecution and widespread corruption in cases of suspected sexual violence. Amnesty International also urged the government to train and equip the police, utilise female police officers, and allocate necessary budgets so that they can investigate allegations of crimes promptly, professionally and sensitively. Data provided by police and NGOs indicates that incidents of rape are increasing in Cambodia, but the extent of the increase is hidden by a lack of monitoring and limited reporting and coordination of statistics. Authorities should accurately obtain such information and use it to inform policy and plans of action. "Cambodia has made important inroads into tackling gender-discrimination, with a focus on domestic violence and human trafficking," Donna Guest said. "It is time the government incorporated sexual violence against women into these categories to address its failure to meet the human rights obligations under the Convention for the Elimination of Discrimination Against Women." The 60-page report presents extensive research and recommendations to reverse increasing sexual violence against women. The analysis was released as part of Amnesty International's global campaign to Stop Violence against Women.
(Amnesty International, 08/03/2010)

Rape victims worldwide denied justice and dignity
Amnesty International Finland's 2005 campaign called on the authorities to set up an action plan to end violence against women. Victims of rape and sexual violence worldwide are denied access to justice due to gender discrimination and assumptions about the sexual behaviour of victims of rape, Amnesty International said in two regional reports released on Monday. To mark International Women's Day, Amnesty International released two reports looking at sexual violence in locations across the developed and developing world; specifically Cambodia and the Nordic Countries of Denmark, Finland, Norway and Sweden. "In poor and rich countries alike, women who are raped or abused have little chance of seeing their attackers brought to justice," said Widney Brown, Senior Director of International Law and Policy at Amnesty International. "It is shocking that in the 21st century with so much legislation designed to ensure women's equality that virtually every government fails to protect women or to ensure that their abusers are held to account for their crimes." Amnesty International's reports show that victims of sexual abuse and domestic violence seeking justice face many obstacles. These include inadequate, negative or dismissive responses by police, medical and judicial personnel. Given the pervasive indifference of authorities, many women feel ashamed or blame themselves and don't even try to report these crimes to the police. In instances where women do go to the police, their claims for reparation and justice are rarely met. The two reports found that prosecution rates for rape are among the lowest for any offence. "Unless the sexual violence is also accompanied by physical violence, it is simply not taken seriously," said Widney Brown. "A woman who survives the rape without significant physical injury is often stigmatized or held responsible for a crime committed against her while the rapist often faces limited, if any, social or legal sanction." Though the legal systems examined in the reports vary greatly, Amnesty International found that all contain gaps and discrepancies which discourage women and girls from seeking justice for crimes committed against them. In Nordic countries, for example, the use of violence or threats of violence determine the seriousness of rape rather than the violation of a woman's sexual autonomy. The report Case Closed: Rape and Human Rights in the Nordic Countries, documents one case in Finland where a man forced a woman to have sexual intercourse in the disabled toilet of a car park by banging her head against the wall and twisting her arm behind her back. In the prosecutor's opinion, this was not rape as the violence used was of slight degree. The man was convicted of coercion into sexual intercourse and sentenced to a conditional (suspended) seven-month prison term. By comparison, refusal to undertake compulsory military service, including civilian service, in Finland is punishable with a prison sentence of at least six months. In Cambodia, women do not trust the justice system. Costs associated with police processes deter women from pursuing a case. Victims are often asked to pay a bribe before police will start an investigation. Money is also usually required for medical expenses, transport and phone credit costs for police during the investigation. Breaking the Silence: Sexual Violence in Cambodia also documents how extra-judicial payments were negotiated as a "solution". Typically police officers act as an arbiter between the families of the victim and perpetrator to secure a financial settlement on the condition that the victim withdraws the criminal complaint. The mediator receives part of this settlement. "For too many women, their experience of the justice system exacerbates the initial act of violence and abuse," said Widney Brown. "Every perpetrator that goes unpunished as a result of these failures is a signal that the authorities are indifferent to the plight of the victims of sexual violence." Violence against women remains one of the most pervasive and significant barriers to gender equality. Amnesty International has called on governments to exercise due diligence to prevent, investigate and punish acts of violence. Central to this is ensuring women subjected to violence can access justice and an effective remedy for the harm they have suffered. Amnesty International has also called for the creation of a consolidated and strong UN women's entity, to ensure that women and girls around the world enjoy their rights in practice. Amnesty International is part of the global NGO campaign on the Gender Equality Architecture Reform (GEAR) calling on governments and the UN system to ensure that the new UN agency for women is given the resources, personnel and authority it needs to make a real difference to women's lives around the world. Amnesty International has urged all governments to fully reaffirm their commitment to respect women's human rights as articulated in numerous human rights treaties as well as in the Beijing Declaration and Platform for Action, an agenda to advance the goals of equality, development and peace for all women.
(Amnesty International, 08/03/2010)

About 500,000 Myanmar, Lao & Cambodia Migrant Workers will be Sent Back
Thai government will send back illegal migrants from Myanmar, Lao and Cambodia. It’s about 500,000 workers all three countries. Mr. Supat Gukun, Dy. Director of Labour Inspection, Thailand said that Thailand cannot accept them more. Workers have failed to make Bank ticket, i.e.temporary passport. A female Myanmar labour told that she has to spend about Bhatt 20,000 to get bank ticket and she could not offered such amount. Myanmar migrants have to do identity card first from Kaw Thaung, boarder town at Thai-Myanmar area. Then they have to apply for bank ticket to work at Thailand. Thailand is the country that compete India and China at market concerned garment sector and agricultural sector and so Thailand has to heir cheap workers. (Source: Ground Report, March 07, 2010)

Corruption Law Moves to Assembly for Debate
The National Assembly will begin debate next week on an anti-corruption law that was 15 years in the making, with opposition lawmakers and rights groups pointing to weaknesses they say must be addressed. The National Assembly will convene March 10 to debate the law, which moved from the Council of Ministers Feb 24. Opposition lawmaker Son Chhay, of the Sam Rainsy Party, said the upcoming date for debate was too soon to allow proper study of the draft. Donors have pushed for the passage of anti-corruption legislation for years, with the US claiming Cambodia loses $500 million per year to such practices. The announcement of the draft comes following the training of government officials by the US last month. “Corruption is an obstacle of national economic development, the strengthening of the rule of law, democracy, social stability and poverty,” Prime Minister Hun Sen wrote in a note to the National Assembly accompanying the draft law. “Fighting against corruption is part of government reform for good governance, to strengthen the rule of law and sustainable economic development and poverty reduction.” The draft law has 57 articles, covering all forms of corruption, for government offices, businesses and non-governmental agencies. It creates an independent Anti-Corruption Council and an anti-corruption unit under the Council of Ministers. The 11-seat Anti-Corruption Council will consist of political appointees chosen one each by the king, Senate and National Assembly and eight by different executive offices. The president of the council will hold the rank of deputy prime minister. It is mainly an oversight body. The Council of Ministers’ anti-corruption unit will be led by a senior minister and will investigate corruption allegations and research corruption offenses in ministries, public institutions, government offices and the private sector, according to the draft. The unit will also be in charge of the government’s strategy to fight corruption and will receive complaints. The draft law requires all government officials to disclose their assets and debts to the unit, including the Senate, National Assembly, the prime minister, military personnel and police. It also requires “the leadership” of non-governmental organizations to disclose their assets. The disclosures are sealed to the public but accessible by the anti-corruption unit “as necessary.” The draft empowers the court to seize as state property interests and assets of those found guilty of corruption. Maximum jail time on corruption charges would be 15 years. The draft law has created worries among the opposition and rights groups, who say the Council should not be chosen by political appointment but should include unbiased members. “We want the Council to comprise independent, neutral, capable and well-known persons to work to fight against corruption,” said Thun Saray, head of the rights group Adhoc. “This law will be used to pressure and suppress opposition businessmen in the private sector,” Son Chhay said.
(Source: VOA Khmer, 05/03/2010)

Cambodia's Proposed NGO Law Stirs Suspicion and Concern
A proposed law regulating non-governmental organisations (NGOs) in Cambodia is raising concerns among advocacy and aid groups that it will be used by the government to restrict their activities in the impoverished Southeast Asian country. During a ceremony in November to mark 30 years of NGO-government cooperation, Cambodian Prime Minister Hun Sen said a law governing the non-profit sector would be next on the agenda after the enactment of an anti-corruption bill. Hun Sen has talked about enacting an NGO law since 2008, but this was the first time he indicated a time frame -- the anti-corruption bill is headed to the National Assembly and many expect it to be passed soon after. "NGOs demand that the government shows transparency, but they can't show the same to us," The Phnom Penh Post newspaper quoted Hun Sen as saying. "We respect the local and international NGOs whose activities serve humanity and help the government of Cambodia ... They will not be threatened by this draft law," he added. "But we believe that some NGOs whose activities seem to serve the opposition party will be afraid of it." Detractors say the draft law is an attempt to muzzle a burgeoning civil society that has become openly critical of Hun Sen who has been prime minister for the past 25 years. His ruling Cambodian People's Party (CPP) has faced growing criticism that it has abused its power by using its parliamentary majority to interfere with the judiciary and restrict political freedom since its last election win in 2007.
"DETERIORATING" HUMAN RIGHTS
Last year, Cambodia passed legislation tightening defamation laws and outlawing public protests by more than 200 people, which rights groups and donors said were moves to stifle criticism of the ruling party. The United Nation's special rapporteur for human rights, Surya Subedi, has also flagged up concerns about many of Cambodia's institutions, like the courts, saying they were weak. Against this backdrop, the Cooperation Committee for Cambodia (CCC), an umbrella organisation representing more than 100 local and international NGOs, released a statement in December to say the time was not right for an NGO law. It was signed by some 230 NGOs. "NGOs are also concerned about possible restrictions of activity on grounds of discretionary interpretation and use of the law, particularly given the deterioration of human rights situation in Cambodia since 2008," Borithy Lun, CCC's executive director, told AlertNet. NGO officials say they have not seen a draft of the law and there have been no discussions, despite formal requests to various government ministries. "We are not against the law. If we are spending money on behalf of the people of Cambodia, it is right that we should report to them," Sharon Wilkinson, CARE International's Cambodia country director, told AlertNet. However, she expressed concern that a 2002 draft law was vague on the basis on which the government may refuse to register an NGO whose staff, it said, could face a fine and jail if found to be operating without the necessary registration. TOO MANY NGOS?
Supporters of the draft law say, in a country of only 15 million people, it would help regulate a sector accommodating more than 3,000 NGOs and associations -- according to some estimates -- working on issues ranging from health, education and infrastructure to environmental protection and governance. Although Cambodia has been peaceful for over a decade and recently enjoyed several years of economic growth and political stability, 40 percent of its populations still live below the poverty line. According to the latest U.N. human development index, four out of 10 people live below the poverty line of $1.25 a day, more than a third of children under five are underweight, life expectancy at 60.6 years is just above Namibia and Gabon and close to a quarter of the adults are illiterate. "In Cambodia, it is easy to set up shop or register as an NGO and relatively easy to hire expatriates. It is very open and there is almost no restriction," said Francis Perez, country director of Oxfam in Cambodia. However, he added: "The concerns of different sectors around the NGO law are legitimate and should be discussed openly." The plethora of NGOs in Cambodia has raised questions about their own levels of transparency and accountability as well as the hefty salaries earned by expatriate staff compared to Cambodian ones. However, it is still unclear to what extent a new NGO law would address these issues. "The need for regulation should not be determined by the amount of NGOs, but by the actual need for further regulation," said CCC, which says self-regulation through the Good Practices Project, a voluntary certification system it has set up, is the best way to ensure NGO transparency.
(Source: AlertNet, 05/03/2010)

Lawmaker’s Parliamentary Immunity Renewed
The National Assembly on Friday renewed parliamentary immunity for an opposition lawmaker who was absolved of criminal charges last year. Sam Rainsy Party lawmaker Ho Vann’s immunity was reinstated at the request of the Ministry of Justice, five months after his September 2009 acquittal of disinformation charges in a suit filed by senior military officials. “The suspension was very quick and surprising, but the return was very late,” Ho Vann said Friday. “I think I was victimized at the time my parliamentary immunity was suspended. And when I got it back late, this is the second victimization.” He had been happy to receive a letter from the National Assembly informing him of the renewal, he said. Critics have warned that the courts are being used to crack down on dissent, through criminal court cases on charges like disinformation or defamation. Ny Chakry, chief investigator for the rights group Adhoc, called the renewal a “good sign” for the legislature and for the parliamentary work of Ho Vann. Meanwhile, the opposition leader himself, Sam Rainsy, and senior party member Mu Sochua both remain without their parliamentary immunity. Sam Rainsy is in exile and facing a two-year prison term if he returns. The government has filed suit against him for allegedly publishing a false map on his party’s Web site.
(Source: VOA Khmer, 05/03/2010)

Block Cambodia's military-business ties, donors urged
Global Witness urges Cambodia’s donors to condemn sponsorship of military units by private businesses Aid donors to Cambodia, including the US, EU, Japan, China and the World Bank, should send a strong message to the government that they will not countenance the bankrolling of Cambodia’s military by private businesses, said Global Witness today. The call follows the announcement last week by Cambodian Prime Minister Hun Sen of the formation of 42 official partnerships between private businesses and Cambodian military units. The partnerships will “solve the dire situation of the armed forces, police, military police, and their families through a culture of sharing” according to a government memo. Global Witness is concerned that this policy officially sanctions an arrangement where businesses get military protection in return for financial backing. A number of the companies named as military sponsors already have track records of using the military to protect their business interests. For example, Global Witness’s 2009 report, Country for Sale, described how the Try Pheap Company used armed forces to guard a mine in Stung Treng Province. Other high-profile Cambodian companies allegedly providing sponsorship include the Mong Rithy Group, the Ly Yong Phat Company, and the Chub Rubber Plantation Company. “Since the end of Cambodia’s civil war, the Royal Cambodian Armed Forces has operated as a vast organised crime network,” said Gavin Hayman, Campaigns Director at Global Witness. “It is unacceptable for private companies to be financing a military renowned for its corruption and involvement in illegal activities and human rights abuses.” The arrangement also threatens to undermine the legitimacy of international aid, especially in the case of donors such as the US who are directly funding the military. In 2009 the US spent more than $1 million on military financing, education and training in Cambodia. “Yet again, Cambodia’s donors are being mocked by the government’s blatant violation of basic governance and transparency standards. The existence of a strong patronage system between the military and private business is not new. But what is different and shocking is that it has become official government policy,” said Hayman. “Donors should send a firm and decisive message that Cambodia’s military exists to protect the people, not the financial assets of a privileged few.” “This fire-sale of military units represents an appalling breach of governance standards and threatens to undermine the country’s future stability,” said Hayman. “The donor community has collectively poured billions into the restoration of peace and democracy in Cambodia since the fall of the Khmer Rouge. Surely they are not going to stand by and allow this to be undercut by a policy of selling off the armed forces to private business interests? This is tantamount to sanctioning a mercenary force.”
(Source: Global Witness Press Release – 05/03/2010)