Dignity Not Inprisionment: Demand the preservation of Human Rights and restoring justice to Cambodia!

On the ride home from work this evening, my mom and I sat silent as we listened to the judgment over the radio. Even though, it wasn’t a complete surprise to me, I secretly hope that justice would have prevailed somehow and not just because Mam Somando, is my grand uncle, but because he has been the epitome of the Cambodian Human Rights movement for the last 20 years or so. He is more than just the less then the humble Beehive Radio Station owner and the director of the Democrats Association, he is a leader and symbolizes salvation and hope for thousands of victims, for an entire nation, for me.

On Monday, October 1, 2012 Mam Sonando, a  broadcaster, human rights defender and land-rights campaigner  was sentence to 20 years in prison for Phnom Penh Municipal Court for is alleged part in leading an attempted secession in Kratie after finding him guilty of leading an anti-state rebellion, a verdict condemned by activists as the latest crackdown on human rights.

Three court judges convicted Sonando even though Several of the prosecution’s witnesses said that their testimony was based entirely on hearsay, and none had any evidence to offer about the men actually on trial, who has joint Cambodian-French citizenship, and 13 others of inciting villagers in eastern Kratie province to rebel against the government. The verdict was handed down after two hours as hundreds of protestors gathered at Neang Kong Hing intersection to demand the release of the broadcaster. 

As the court prepared to announce the verdict, police blocked the road to the court from north of the Olympic Stadium.

He has been apprehended and incarcerated his return to the country back on July to face charges when the arrest warrant was issued which only came three days later which was only 24 hours after foreign ministers and diplomats from around the world departed the city, including United States Secretary of State Hillary Clinton and the High Representative of the European Union for Foreign Affairs, Catherine Ashton who were here to attend the ASEAN Summit.

Mam Somando, appeared in court for three and a half days last month and facing a maximum penalty of 30 years.

Sonando, a long-time rights campaigner and critic of the goverment, stood accused of inciting villagers to take up arms and of aiming to recruit up to a million people to topple the government.

Sonando had pleaded not guilty.

The increasing number of human right violations have occured during countless land-rights disputes arising  in Cambodia has exploded in recent years as the economy grows rapidly and companies move to exploit natural resources such as rubber, sugar, and minerals.

Today's verdict only serves to demonstrate, yet again, the courts in Cambodia are not independent and that justice system is a tool of oppression rather than a platform for serving justice to the nation and its people. 

It’s truly a sad day for the people of Cambodia, but rest assured true justice will be served, because "they'" can't expect everyone to roll over and play dead and they can try to wrongfully imprision '"us'" all, but honestly who are '"they'" kidding, there are poorly outnumbered.The powers that be have not a clue that they have started. This is precedence for the Cambodian Human Rights movement and defunct justice system has inadvertently elevated Mam Sanado into a self-made martyr status. He is but the candle that lights the way for the Human Rights movement here in Cambodia. I fear for what’s yet to unfold for the country and its people will not sit idly by and let injustice occur without recourse, Mam Sanado may very well become the catalyst for radical changes yet to unfold  in Cambodia.   God Save us all.

Lost's Final thoughts:  There is no transparancy in a dual justice system. Someone is not guilty till proven innocent and in the eyes of the law, guilt isn't proven just because a defunct legal system says you are. Something is a midst in a system that was set up to uphold the law, but instead has been used as a tool for oppression. True justice must be prevail. Advocating for human rights for victims and the rights for the oppressed isn't a crime.! It is high time we played our hand as it stands, time to call a spade a spade, shall we!

To Serve and Protect-The State of Law and Order in Cambodia

When you look at issues facing developing countries, you start to see a common thread. One the grave consequence that is plaguing Cambodia is land grabbing, which has lead to the most systematic widespread violations of economic and social rights since the end of the 1980s. Land grabbing has affected the most destitute and impoverished segments of Cambodian society with occurrences being reported in both urban and rural dwellers as well as among indigenous and minority groups. The effects far reaching and profoundly felt and inflicts suffering ranging in severity from the inconvenience of relocation and resettlement to economic and social welfare loss leaving many homeless and helpless. In the majority of cases such suffering is compounded by the threats, intimidation, violence, imprisonment or even death.

Ethics, Morality, and Law: The pillars of society

During a recent interview with Phnom Penh Post on the 31 July 2012, a deputy police chief being sued for his alleged role in a pregnant woman being kicked in the stomach outside the appeal trial of the Boeung Kak 13 forced eviction victims turned advocates in June said “Is the victim old or young, and does she sue me to return her kid?” Phnom Penh municipal deputy police chief Phoung Malay said. “I want to tell her that if she wants to get back her kid, I am also young,” he said.

We must alter the current mindset in order to truly and completely up hold the basics of Human Rights wherein not denying human dignity to all women, men and children.  And in order to ensure this, we  recognize one of the basic principles of the prohibition of unnecessary and excessive use of force which states that the provisions for the right to life and security of person in the International Covenant on Civil and Political Rights (ICCPR) (articles 6 &9), oblige the Cambodian authorities to use force only when unavoidable and absolutely necessary, and then only minimally and with utmost caution. 

Gender Justice Scale: How are the police measuring up?

Principle 4 of the UN Basic Principles on the use of Force and Firearms by Law Enforcement Officials requires officials to as far as possible; apply non-violent means before resorting to the use of force and firearms. Officials may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result. 

Article 3 of the UN Code of Conduct for Law Enforcement Officials meanwhile, notes that firearms may be used only when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender.

If the use of force and firearms is unavoidable, Principle 5 of the UN Basic Principles on the use of Force and Firearms by Law Enforcement Officials states, among other things, that law enforcement officials MUST:

 (a)Exercise restraint in such use and act in proportion to the seriousness of the offense and the legitimate objective to be achieved;

 (b)Minimize damage and injury, and respect and preserve human life;

 (c)Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment.

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This is a central and crucial issue of gender justice which is integral to all major concerns facing economic and social justice. There is an alarmingly need to break through the vicious and destructive cycle of police brutality and public humiliation where a victim of a crime is victimized once again. Where does the buck stop and the humanity begin?

Related Links

•  Code of Conduct for Law Enforcement Officers PDF (Unofficial English Translation) Contains rules for law enforcement officers on how they are to conduct themselves when on duty.

• Cambodia: Integrity Indicators Scorecard  link click here

Communication for All - Fact or Fiction? The current state of journalism in Cambodia

It’s common place to know how certain situations require quick fixes here in Cambodia. And when you’re a local organization you realize these facts early on. You are dependent on the media to help disseminate information, advertise events and general information about your organization. But as many of my colleagues already know, you have to pay ‘”bribes’” for coverage. 

I am at a loss for words at times and recently while preparing for a press conference on ASEAN Human Rights Declaration (AHRD), it became increasingly apparent when the strings that intertwine media coverage and money diverge. It has always been a challenge to gain media coverage and this press event had proven to be no different. We wanted to bring the ordinary citizen's perspective into the showcase by inviting victims of the Beung Kak evictions, and other victims including those representing  migrant worker victims effected by lack of laws, regulations and government oversight to share their experiences in efforts to  appeal to the media and the AICHR representative to help putting a face to the Human Rights issues. Wherein stressing the importance of a transparent drafting process of the AHRD. It is then that something must be said about if only to voice my subjective opinion with all you lovely folks. 

The question that I want focus on is, ‘” what is a news reporting without news to cover?’” It a symbiotic relationship I believe you need one to have to other. Can’t have a news broadcast without news to be shared.

As it stands, Cambodia currently seems to have a overly vibrant abundance of media outlets including private media and state-owned media their numbers soaring at over  200 newspapers and magazines, countless number of  radio stations and  television stations. However the majority of state-owned media, especially the television and radio channels, are associated the ruling political party which run interference that affects the independence of media reporting and coverage.  There are also economic interferences that plague the state of journalism in Cambodia and inhibit the objective reporting of news worthy information.

Ethics and standards compromise principles of ethics and good practice in most professions there is no reason why journalists wouldn’t face the same challenges as would per say a physical or a politician. In fact journalist have a greater social responsibility to up hold the basic right to information as do politicians. They may not hold public office, but they do directly or indirectly attribute to the opinions of the public through news reporting and other forms of mass media.

Historically, journalist have been governed through ‘”code of ethics’” that are drafted and approved by both professional journalism associations and individual print, broadcast, and online news organizations.

The most common elements existing codes are inclusive of the basic principles of truthfulness, accuracy, objectivity, impartiality, fairness and public accountability. These principles apply to the acquisition of newsworthy information and its subsequent dissemination to the public.

For the most part local journalists  salaries are generally low and it’s not uncommon to accept bribes or flex muscles for unethical financial favors. The corrupt practices among journalists have resulted in the profession commanding very little respect. These issues of corruption coupled with the overall lack professional skills and journalistic etiquette like being neutral, balance and objectivity of news.

Who is to blame in such a situation? It is easy to place blame on the individuals who part take in said unethical acts of exchanging news coverage for monetary compensation, but why stop there? I am more inclined to place blame on those who are responsible for creating the environment  that is conducive to such activity, the system that encourages unethical behavior. So, the responsibility does not solely fall on the reporter, but rather extends to the system and the people that set the standard. The powers that be set the trend whereby the rest in society generally follow suit. You can not dip into the cookie a jar and not expect the ants not to try their  hand at getting a taste of the crumbs, can you?

There is a lack of interest in journalism among the youth. The communication courses at local universities do not attract many students and members in the faculty. Students of communication are often not keen to join the profession. But you have to wonder why.

Related links

Common Code of Ethics for Cambodian Journalist or Cambodian journalists 

Food for Thought: Getting the engine pistons fired up!

"Government for the People"

It is understood that during the period leading up to an election, there is a necessary need to show partisanship towards one's party, but the question at hand now remains once elected, at what point does it become crucial for one to place one's allegiance to one's party on 2nd tier & transition & begin to place your priorities on becoming bipartisan?

Merriam-webster's states that,"A democracy is defined as  a government elected by the people  where the ruling powers have a vested interest in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections."

With this in mind, how a government serve & protect the interest of the masses while remaining partisan & strictly pledging allegiance to your party and not remaining objective and serving the interests of all the people?

Far be it from me to force my opinions on others, but I firmly believe that it is necessary to open up dialogue and stir the pot if you will in order for the ingredients of the stew to mix and the flavors to blend creating the ideal meal to share and serve to the masses.

Bon Appetite!