A thin line between Cambodia and Vietnam 

Jan 28, 2010 
By Jared Ferrie Asia Times (Hong Kong)


  "This is a public secret. Everyone knows that the court is under control of 
the government ... This issue of the border could have been downplayed. They 
take any chance to silence the opposition" - Ou Virak, president of the 
Cambodian Center for Human Rights
PHNOM PENH - The leader of Cambodia's main opposition party, Sam Rainsy, 
skipped his court date on Wednesday, eluding an arrest warrant issued for 
allegedly uprooting border markers on the frontier with Vietnam. Rainsy instead 
remained in France, where he had fled in advance of the hearing because he felt 
the case was politically motivated.

The Svay Rieng province court convicted villagers Meas Srey and Prum Chea to 
one year in prison and ordered them each to pay 5 million riel (US$1,200) in 
compensation to district authorities for moving the border posts. Rainsy was 
convicted in absentia to two years in prison, handed an 8 million riel fine and 
ordered to pay 5 million riels compensation to district authorities. All three 
must pay an additional 50 million riel in compensation for destroying the 
border posts, according to the ruling.

The case highlights the ongoing controversy of Vietnamese influence over Prime 
Minister Hun Sen's government, some 30 years after the government in Hanoi 
ordered troops to invade Cambodia. The two countries are now in the process of 
demarcating their 1,270-kilometer long border. They are also negotiating 
investment agreements that could see Vietnam pouring billions of dollars into 
Cambodia. 

On December 26, during a conference in Ho Chi Minh City, officials signed a 
memorandum of understanding intended to pave the way for more Vietnamese 
investments in Cambodia. No deals were finalized, but the economic agreements 
covered projects including electricity generation, fertilizer production and 
rubber plantations, as well as a proposal to explore for bauxite mining in 
Mondulkiri province. A Vietnam official in Phnom Penh told the Phnom Penh Post 
that revenues from bauxite mining alone could amount to US$6 billion.

Against the backdrop of a possible $12 billion worth of new Vietnamese 
investments, Rainsy implied that Cambodian officials were reluctant to 
criticize their larger neighbor about alleged Vietnamese encroachment on 
Cambodian lands.

"I am defending Cambodia's independence and territorial integrity regardless of 
these ongoing investment projects and financial deals," he said in an e-mail 
from Paris. "Maybe those in the Phnom Penh government take those material 
interests into consideration in their handling of border issues with Vietnam, 
but I don't."

A spokesman for the Cambodian government, Phay Siphan, said in an interview 
that increasing economic ties with Vietnam had no bearing at all on the border 
demarcation process. He said a commission is carefully analyzing data from maps 
drawn up during the colonial period of French rule in order to determine 
exactly where the border lies.

"The job of the border commission between Cambodia and Vietnam is not to lose 
or gain territory from either side," said Phay. "Sam Rainsy is misrepresenting 
the work of the border commission."

Rainsy, who is a fierce critic of Vietnamese influence in Cambodian affairs, 
was charged with incitement of racial discrimination and destruction of 
property for his role in an October 25 incident in Svay Rieng province. Rainsy 
allegedly joined five villagers in uprooting the wooden poles after hearing 
complaints that they had been placed in a nearby rice field. Two of those 
villagers were arrested and sentenced on Wednesday.

To back up his case, Rainsy's eponymous political party (SRP) on Monday 
released what it said was evidence that the uprooted border demarcation posts 
were placed 300 to 500 meters inside Cambodian territory. The SRP referred to 
maps drawn up by the French in 1952, which defined the border and which were 
given to the United Nations by the Cambodian government in 1964. Those were 
corroborated by maps produced by the United States military in 1966, according 
to the SRP.

Rainsy said he enlisted the help of cartographers, historians, geographers and 
computer experts who examined the maps and used satellite pictures and GPS 
coordinates to determine that the uprooted border markers were indeed placed 
within Cambodian territory. Rainsy refused to name the experts, but he noted 
that he also received "technical assistance" from a French map engineer at the 
National Center for Scientific Research in Paris.

Cambodian officials threatened to lay further charges after the release of the 
information by the SRP. "The government will consider taking legal action to 
prohibit any illegal publication that affects the security of the social 
order," Tith Sothea, a government advisor who works at the press office of the 
Council of Ministers, told the Phnom Penh Post on Monday.

In his e-mail, Rainsy said that threat sounded "rather Stalinist". He added: 
"They are embarrassed and afraid because I am exposing scientific, objective 
and factual evidence of what I am claiming."

Phay, the government spokesman, confirmed that the government is investigating 
the information made public by Rainsy and the SRP, and that the investigation 
could lead to further charges if the claims are shown to be false. "We don't 
want to see any misleading information that will affect law and order and 
national security," he said.

Phay also accused the SRP of releasing the information in order to distract 
attention from Rainsy's case. "He has the right to freedom of expression, but 
it can't cover up what has been done." He said that rather than releasing the 
information to the media, the SRP should have brought it forward for debate in 
parliament, or even in a separate court case.

But Rainsy alleged that the courts are "political tools" used by the ruling 
Cambodian People's Party to "crack down on opposition". Many rights groups and 
analysts share that view. Last year, a spate of lawsuits against opposition 
parliamentarians, journalists and activists prompted a litany of criticism from 
international rights groups including Human Rights Watch and Amnesty 
International, as well as the United States Embassy in Cambodia.

"This is a public secret. Everyone knows that the court is under control of the 
government," said Ou Virak, president of the Cambodian Center for Human Rights. 
"There is an attempt by the ruling party to consolidate its power." He said the 
case against Rainsy was an example of that trend. "This issue of the border 
could have been downplayed. They take any chance to silence the opposition."

But Rainsy has so far refused to be silenced, taking up his cause with 
governments in Europe while participating in radio call-in shows in Cambodia. 
His party has also vowed to begin investigating other sections of border 
between the two countries.

Jared Ferrie is a Phnom Penh-based journalist.

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