.jpg)
Wednesday, July 9, 2014
Myanmar Activist Gets Yet Another Jail Term in Pursuit of Justice
Htin Kyaw, the director of the political activist group Movement for Democracy Current Force (MDCF), was sentenced under Section 18 of the Peaceful Assembly and Peaceful Procession Law by the Bahan Township Court in central Yangon region, he told RFA’s Myanmar Service following the ruling.
Under the provision, demonstrators can be jailed for protesting without government permits.
He was found guilty on a charge of holding an unauthorized demonstration in April outside of Aung San Suu Kyi’s Yangon home.
Htin Kyaw disputed the charge, contending that he and others had only gone to the opposition leader’s home to seek her help in resolving the plight of Yangon’s Myangone township residents following their eviction.
“People from 293 households in No. 6 Block of Mayangone township were suffering from lack of food and shelter—that’s why we went to Daw Aung San Suu Kyi’s home and asked for help from her as she is a chairwoman of the [Parliamentary] Committee for Rule of Law and Peace and Stability,” he said.
“Because of this, I was sentenced today under Section 18. We were there to ask for help, not to protest,” he said.
“No matter what is written in current laws, the judicial system was influenced by the government’s decision today and we have to accept whatever they did to us.”
Wednesday’s sentence marks the third for Htin Kyaw in just over a month and at least the sixth under Thein Sein’s quasi-civilian government, which took power from the former military junta in 2011 and pledged to start Myanmar on a path to democratic reform.
The activist was sentenced to three months in jail by the Kyauktada Township Court on June 4 for protesting against the forced eviction of residents of Thameekalay village in Hlegu township by local authorities, also under Section 18.
An amendment to this law, which removes the requirement for prior permission to protest peacefully, has been passed by Myanmar’s parliament and is awaiting Thein Sein’s signature.
Htin Kyaw has also been charged in 11 Yangon townships under Section 505(B) of the Penal Code—which makes it a crime to circulate information that could encourage a citizen “to commit an offense against the state or against public tranquility”—for handing out brochures expressing distrust of the government.
He was convicted and sentenced to six months in prison under the charge by the South Okkalapa Township Court on June 23.
Two other members of the MDCF, Tin Maung Kyi and Zaw Win, were sentenced to six months in jail under Section 505(B) Wednesday at Yangon’s Tamwe Township Court for their role in local protests. They are also facing trials in connection with protests in Bahan and Mingala Taungnyunt townships.
Longtime activist
Htin Kyaw’s most recent jailing also marks his fourth prison term under Thein Sein’s administration and fifth in seven years.
Imprisoned under Myanmar’ former military junta regime in 2007, the longtime activist resumed campaigning after his release under a political prisoner amnesty in January 2012, staging solo protests and leading land grab victims in demonstrations.
Last May, he was jailed for a week in Yangon’s notorious Insein Prison after refusing to post bail for his arrest on defamation charges linked to a protest he organized against an alleged forced eviction.
In August, after organizing another protest, he was again thrown into Insein Prison, where he staged a hunger strike against his detention, but was released on Dec. 11 as part of a presidential amnesty.
However, he was rearrested the same day as his release on charges of sedition and held until Thein Sein granted an additional pardon to political prisoners on Dec. 31.
Arbitrary detention
Earlier this year, the United Nations Working Group on Arbitrary Detentions released a report on Htin Kyaw’s detention in August, ruling that the activist had exercised his “right to freedom of opinion and expression and to freedom of association” by engaging in a peaceful protest against an eviction.
The ruling—made during the course of his detention—said Htin Kyaw had been wrongfully detained, called for his immediate release, and urged the government of Myanmar to make “reparations” to the activist.
Htin Kyaw continues to face charges in several Yangon townships for protests which often include walking through an area and announcing his opposition to Section 18 with a megaphone or standing outside court buildings holding placards denouncing the law.
Rights groups say Section 18 has been widely used to silence activists, arguing it is incompatible with reforms Myanmar has introduced in recent years as the country emerges from decades under military rule.
Section 18 carries a maximum sentence of three years in prison and a fine for violating rules outlined elsewhere in the law, passed in 2011 under Thein Sein’s government.
Tuesday, July 1, 2014
Delay Sesan dam: villagers
Villagers who will be displaced if the controversial Lower
Sesan II dam is built called on the developers yesterday to postpone
construction for five years, allowing time for a comprehensive
resettlement scheme to be devised.
But a government official dismissed their request as “beyond the pale”, saying the project had been carefully thought through and would benefit the whole nation.
Srey Lybe, 56, one of eight community representatives from Stung Treng province speaking in Phnom Penh yesterday, said his people stand to lose not just their land, but their traditional culture.
“We are deeply concerned about this dam construction, and if it happens, our ancestors’ graves will be buried in the reservoir basin,” he said.
“Relocating us, it means that our ethnic tradition and identity will be scattered and damaged.”
Many of the nearly 5,000 people who may need to relocate because of the dam are ethnic minorities, including Prov, Phnong and Lao.
Lybe added that the villagers were making the request after assessing several proposed relocation sites, which they say are not yet suitable for cultivation.
The 400-megawatt dam is a joint venture between Cambodian tycoon Kith Meng’s Royal Group and Hydrolancang International, a subsidiary of state-owned China Huaneng Group, which formed Hydropower Lower Sesan II Co Ltd in November 2012. In February, the Post revealed that preliminary construction at the dam site began in November 2013, despite official denials.
Mark Hanna, chief financial officer at the Royal Group, did not respond to a request for comment yesterday. Representatives of Lower Sesan II Company could not be reached.
Despite the villagers’ protests and criticism from civil society groups, the dam looks to be on schedule to be completed in 2017.
Doung Pov, Stung Treng provincial administration director, said the villagers’ request would not be considered.
“The government does it for the benefit of all Cambodians, not for one person. Before approving the project, the government thought a lot. And we are not stupid enough to place the villagers in a location where they cannot farm.”
After appearing in the National Assembly for questioning last month, Suy Sem, Minister of Mines and Energy, said that the dam will be completed in late 2017.
But a government official dismissed their request as “beyond the pale”, saying the project had been carefully thought through and would benefit the whole nation.
Srey Lybe, 56, one of eight community representatives from Stung Treng province speaking in Phnom Penh yesterday, said his people stand to lose not just their land, but their traditional culture.
“We are deeply concerned about this dam construction, and if it happens, our ancestors’ graves will be buried in the reservoir basin,” he said.
“Relocating us, it means that our ethnic tradition and identity will be scattered and damaged.”
Many of the nearly 5,000 people who may need to relocate because of the dam are ethnic minorities, including Prov, Phnong and Lao.
Lybe added that the villagers were making the request after assessing several proposed relocation sites, which they say are not yet suitable for cultivation.
The 400-megawatt dam is a joint venture between Cambodian tycoon Kith Meng’s Royal Group and Hydrolancang International, a subsidiary of state-owned China Huaneng Group, which formed Hydropower Lower Sesan II Co Ltd in November 2012. In February, the Post revealed that preliminary construction at the dam site began in November 2013, despite official denials.
Mark Hanna, chief financial officer at the Royal Group, did not respond to a request for comment yesterday. Representatives of Lower Sesan II Company could not be reached.
Despite the villagers’ protests and criticism from civil society groups, the dam looks to be on schedule to be completed in 2017.
Doung Pov, Stung Treng provincial administration director, said the villagers’ request would not be considered.
“The government does it for the benefit of all Cambodians, not for one person. Before approving the project, the government thought a lot. And we are not stupid enough to place the villagers in a location where they cannot farm.”
After appearing in the National Assembly for questioning last month, Suy Sem, Minister of Mines and Energy, said that the dam will be completed in late 2017.
Thursday, June 26, 2014
Vendors with a licence to forge
As letters and numbers are lifted away, the plate begins to take on a familiar appearance – a line of Khmer script at the top, followed by a five-digit numeric sequence below and “RCAF” at the bottom, in a plain, bold font.
After a strafing of white spray paint and a few minutes in the sun, the vinyl is peeled away revealing a standard Royal Cambodian Armed Forces licence plate on the military’s distinctive blue-over-red background. The cost, for any paying customer with an interest in buying it, is $6.25.
Driving a car bearing the official insignia of the police or military is punishable under the Cambodian Penal Code with a prison term ranging from one month to one year, and a fine of up to $500.
In fact, two men were sentenced to three years in prison earlier this month for impersonating police officers after being caught wearing fake police uniforms, carrying a fake gun and driving a motorbike with fake police plates.
Nonetheless, fake plates can be bought as easily as a “Beware of Dog” sign, and business is as brisk as ever in the trade, sellers like Sambath*, a 10-year veteran, said.
“I think that although it is an illegal business, it is a good way to make money to support my family,” he said.
“There are at least between five and 10 people coming every day to get fake number plates to put on their motorbikes or cars from my place, and on some good days there are up to 30 people a day.”
Sambath offers a range of plates – RCAF, military police, National Police, civil servant, NGO, press – all of which cost between $4.50 and $10.
“As I have noticed, most of the plate numbers that they have ordered … are RCAF or [military police] or National Police,” he said, adding that the business did have a bit of overhead. “For the safety of business, [every day] I have to pay at least 10,000 riel [about $2.50] to customs police and other related police.”
The motivations for buying fake plates vary with the buyers, but it’s no surprise that price is one of them. The fees for licensing vehicles have proved controversial in the past, with the high fees for properly registering motorbikes, leading demonstrators to take to the streets and clash with police in 2009.
One local businessman said he recently paid $800 for an untaxed, unregistered bike. The same bike, if he had paid the proper fees, would have cost $2,000, he said. The perceived impunity that comes with an RCAF plate sweetened the deal, he added.
A man cuts away masking from a fake RCAF number plate he is making at his workshop in Phnom Penh yesterday. Charlotte Pert
“The reason why I had the RCAF number plate made to put on my motorbike was because it protects my motorbike from traffic-police checks or arrest,” Vichea said.
“When I put on the RCAF number plate, the traffic police will think that I am a military officer or competent authority, so they will not stop and check my motorbike.”
A 38-year-old motodop said that avoiding police fines was a chief motivation of his as well, but that going through the proper channels was too expensive and time-consuming.
“I pay only $5, and can get it within a few hours,” he said. “But if I apply or get an official number plate from the Ministry of Public Works and Transport, it’s very expensive – $35, and it takes 30 days.”
But civilians trying to evade the law aren’t the only ones buying plates, as evidenced by a man who identified himself as a National Police officer as he bought a fake National Police plate.
“I’m getting a fake National Police plate number because I could not get an official police plate from my police unit,” he said. “I applied for it almost a year ago, but I couldn't get one because I have no money to bribe the corrupt higher-ranking supervisors.
“I put the National Police’s plate on because I wanted to show the public that I was a policeman,” he added.
Major General Him Yan, chief of the Ministry of Interior’s discipline department, and Lieutenant General Kirth Chantharith, spokesman for the National Police, could not be reached for comment on the matter.
However, Captain Chuon Samnang, a traffic police officer at a checkpoint in Sen Sok district, said that there were simply too many vehicles for police to check every one.
Indeed, the Ministry of Public Works and Transport reported last year that vehicle registrations rose nearly 8 per cent from 2011 to 2012 – bringing the total number of licensed vehicles in the country to more than two million.
However, observers said at the time that even then, a large number of vehicles were probably slipping through cracks in the registration process.
Samnang, the traffic cop, said that police typically only check the veracity of a plate when stopping a motorist for an unrelated offence.
“These days, our traffic police do not properly check or control motorbikes’ or vehicles’ number plates to see whether they are real or fake while people are driving down the road, because there are so many motos and cars,” said Samnang, the traffic cop. “If we are busy stopping and checking them, it would cause more traffic jams on the roads.”
As long as that remains the case, plate makers like Tuol Kork district’s Sopheak* will continue to enjoy their day in the sun.
“I think that this is a good business to make money, because no one dares do it,” he said. “I think that as long as there is no strict prevention from the relevant authorities, I will continue doing it forever.”
*Names were changed to protect sources for this story
Pawn shop rise proves a quick fix
Pawn shop rise proves a quick fix
Pawn shops have been on the rise considerably since the licensing started in 2009. Sear Rithy, chairman of Cash U Up, talks about the development of the pawn shop industry over the past five years.
Fri, 27 June 2014
Telecoms warned over ID lapse
Senior government officials yesterday issued a stern warning to the country’s largest mobile operators, claiming they handed out SIM cards to migrant workers returning from Thailand without getting their proper identification.
Thu, 26 June 2014
Strikes spur Target roll-back
American retail giant Target is another major brand scaling back its sourcing from Cambodia in response to garment industry turmoil here, Minister of Commerce Sun Chanthol revealed during a trade mission to the US.
Thu, 26 June 2014
Ten commandments: Gov’t lays out food standards
Makers of food- and beverage-related products are for the first time facing mandatory health regulations, with the unveiling of 10 national standards by the Ministry of Industry and Handicraft.
Wed, 25 June 2014
Wedding business a winning proposal
It’s no secret. Weddings in Cambodia are big, colourful and extravagant affairs. Guests drink and eat to their heart’s content, music draws revellers onto the dance floor and the party lasts for hours.
Wed, 25 June 2014
India’s rice dump may impact local exports
With the Indian government set to inject five million tonnes of rice in to its domestic market, Cambodia’s rice producers fear that any spillover into the global rice trade may impact local exports.
Wed, 25 June 2014
Japanese firm signs agreement with bank
Publicly listed Japanese conglomerate Resona Holdings signed an agreement yesterday with Cambodia Public Bank (Campu) aimed at increasing its customer base in the Kingdom’s banking sector.
Tue, 24 June 2014
Gambling on change
The Cambodian government is drafting a series of changes to the Kingdom’s gaming laws in a bid to draw major players from Macau and the US to the market and potentially create a new tax base from the growing, if currently illegal, o
Tue, 24 June 2014
Questions raised over land sale at lakeside
Developer Shukaku has sold off close to 1.3 hectares of land at the capital’s controversial Boeung Kak lake site to a Singapore-listed HLH Group company, according to a statement from HLH.
Mon, 23 June 2014
South Korean bank buys local MFI
South Korea-based Woori Bank has purchased Cambodian microfinance institution Malis Finance for $4.9 million.
The ineptitude at the border
Tue, 24 June 2014
Can the CNRP appear credible?
Last month, I was again hopeful as leaders of the opposition Cambodia National Rescue Party and ruling Cambodian People’s Party announced their desire to end the 10-month political deadlock.
Thu, 19 June 2014
A British partnership
This week, the British Embassy in Phnom Penh will celebrate the official birthday of Her Majesty Queen Elizabeth II. The queen celebrates two birthdays each year: Her actual birthday on April 21 and her official birthday in June.
Tue, 17 June 2014
Protecting domestic workers
Two months ago, a 23-year-old domestic worker from a little-known Indonesian city was named one of Time magazine’s 100 Most Influential People.
Fri, 13 June 2014
"Guanxi" versus the rule of law
Over two consecutive years, the press reported on crowds of uniformed police, military police and soldiers gathering in front of the homes of highly connected businessmen.
Thu, 12 June 2014
Our Cambodia-Russia friendship
Today, June 12, my country celebrates Russia Day. First commemorated in 1992, it one of the youngest holidays in the Russian Federation.
Fri, 6 June 2014
When justice is a prisoner
In January, the government engaged in a violent crackdown on growing labour and opposition protests in and around Phnom Penh, resulting in the death of five people.
Mon, 26 May 2014
Return Cambodia’s treasures, repair our people’s souls
In recent news reports, we have seen some Cambodians applauding the repatriation of priceless, long-lost antiquities that were looted during the country’s violent 1970s.
.jpg)
