---------- Forwarded message ----------
From: Gaffar Peang-Meth <[email protected]>
Date: Tue, Oct 6, 2009 at 11:14 AM
Subject: Party insists rights are guaranteed
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*PACIFIC DAILY NEWS*
October 7, 2009

Party insists rights are guaranteed

A. Gaffar Peang-Meth, Ph.D.

Modern-day Cambodia is a land of haves and have-nots. There is prosperity
among
the first group, but those in the second group suffer deprivation and
oppression.

Those who could be counted among the "haves" demonstrate some level of
allegiance to Big Brother Hun Sen and are rewarded with employment. He
controls the primary employment center in the country, the Cambodian
People's Party Inc. Those who are less privileged, the "have-nots," are
victimized by uniformed authorities who come to evict them from their
property, which is awarded to a favored individual or business entity
for development.

The haphazard installations of modern infrastructure, tall buildings and
expensive villas stand in stark contrast to the scavengers who roam the
city's dumps looking for food and the many who live in the open air in
rickety shacks with tin roofs. A third of the population lives below
the poverty line.

Human Rights Watch describes the situation this way: "The gap has widened
between wealthy city dwellers and impoverished farmers in the
countryside, exacerbated by large-scale forced evictions of tens of
thousands of urban poor, illegal confiscation of farmers' land, and
pillaging of the natural resources on which people in the countryside
depend for their livelihood."

Most of the country's wealth is generated from trade with countries willing
to do business with Hun Sen's government -- the legitimacy of which is
very much in question -- to acquire Cambodia's natural resources.
Cambodians who don't benefit from these international arrangements rely
on NGOs and human rights groups to advocate for them domestically and
internationally.

A day before the Sept. 10 public hearing of the Tom Lantos Human Rights
Commission by the U.S. Congress on the violations of human rights and
the rule of law in Cambodia, the royal embassy of Cambodia in
Washington circulated a statement declaring Cambodia's "democracy and
human rights are fully guaranteed by its 1993 Constitution (which)
recognizes the freedom of expression and other fundamental rights."

At the hearing, Cambodian lawmaker Mu Sochua told the Commission she was
"stripped of my parliamentary immunity and given a criminal conviction
for openly criticizing Prime Minister Hun Sen." Sochua affirmed, "My
situation is not unique," and warned, democracy in Cambodia "is
experiencing an alarming freefall."

But the Embassy noted the existence in Cambodia of 600 newspapers, journals
and magazines, 40 radio stations and seven TV stations, and "thousands
of civil society organizations, as well as free press and trade unions"
-- what more does anyone need to prove Cambodia's commitment to freedom?

A testimony by Human Rights Watch provided to the Lantos Commission: "The
U.S. has provided training, material assistance and even awards to
military, police, counter-terror units or related individuals with
track records of serious human rights abuses."

Eight congressmen wrote a letter on Sept. 18 to Secretary of Defense Robert
Gates, requesting a response to charges of "serious abuses by members
of the Prime Minister's Bodyguard Unit, Brigade 70, Special Airborne
Brigade 911 and Brigade 31 of the Royal Cambodian Armed Forces."

Three days later, Gates met at the Pentagon with Sen's defense minister,
Gen.
Tea Banh, who was on a four-day visit "to strengthen cooperation"
between the two militaries.

Banh brushed off accusations of rights violations and told reporters of
Radio Free Asia and the Voice of America that the congressmens' letter
to Gates has "false" information. Yet Banh slipped, saying,
"Truthfully, right now, there are a number of (Cambodian army) officers
who are refused entry to the U.S."

The Sept. 24 Phnom Penh Post reported Banh as saying that Deputy Secretary
of State James Steinberg "addressed concerns about human rights issues
in Cambodia," but that Banh "clarified that while some concerns are
valid, each country has its own law."

Does Cambodia's law differ from the principles embodied in the Universal
Declaration of Human Rights or the International Convention on Civil
and Political Rights?

University of Chicago law professor Eric Posner's "Think Again:
International Law"
in the Sept. 17 Foreign Policy Online states: "Governments respect
international law only when it suits their national interests. Don't
expect that to change any time soon."

Posner writes: "Academic research suggests that international human rights
treaties have had little or no impact on the actual practices of
states. States that already respect human rights join human rights
treaties because doing so is costless for them. States that do not
respect human rights simply ignore their treaty obligations."

On Sept. 23, the Voice of America broadcast opposition leader Sam Rainsy's
told the Bangkok press club: "Grassroots activists, politicians and
village leaders have been killed, jailed, and forced into hiding for
disagreeing with the ruling party."

Sen's Council of Ministers' fired back and said Rainsy has no "dignity as a
politician." The hundreds of press media and thousands of NGOs working
"freely in the kingdom" are in contrast to "accusations by a group of
immoral people."

Abraham Lincoln's words are worth recalling: "You may fool all of the people
some of the time, you can even fool some of the people all of the time,
but you cannot fool all of the people all the time."

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where
he taught political science for 13 years. Write him at [email protected].

http://www.guampdn.com/apps/pbcs.dll/article?AID=/200910070300/OPINION02/910070327

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