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Kingsland, Shukaku ink PPCC joint venture

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Source: Phnom Penh Post

An artists impression of a portion of Kingsland’s PPCC project. Photo supplied

Kingsland Ventures, a subsidiary of property development firm Kingsland Global, has signed an agreement to establish a foothold in Shukaku’s Phnom Penh City Centre (PPCC) via the development of a business centre that will cost about $71 million.

Earlier this week, Kingsland told its shareholders it had signed a joint venture with Shukaku subsidiary Urban Global to develop 10,000 square metres of real estate in what they dub will be the new central business district of Phnom Penh.

The agreement will see Kingsland develop a project that will comprise “office towers, restaurants, banking services, medical centres, a hotel, a convention centre, and an IT and media hub and will also serve as a connecting point for businesses to enjoy enhanced communication while harnessing opportunities and improving productivity.”

“Kingsland Global believes that the project represents the next step in Kingsland Global’s active pursuit of quality and value-added developments and will further enhance Cambodia’s business landscape while strengthening its local talents,” the Australian Securities Exchange-listed company said recently.

Under the agreement, Urban Global will procure the land title for the project and obtain all necessary permits while Kingsland Ventures will be responsible for the management of the project. Urban Global will hold the majority stake of the project with a 51 percent share.

Kingsland Ventures will stump up the funds for the development in tranches over six years by way of issue of redeemable preference shares in Kingsland and subsequently through pre-sales of the project.

The development is expected to take three to four years to complete in time to open its doors to the public in 2021.

PPCC director Alex Lau told Post Property that Kingsland had a sound understanding of how the local cultural, authorities and contractors worked, making them a logical partner for PPCC.

“For Kingsland, we do see their passion and commitment to achieve the same goals as us,” he said.

“With the same mindset, both parties would have a good synergy and PPCC’s vision of a bustling and international business hub is more likely to be accomplished.”

Kingsland Global, which specialises in commercial and hospitality property development across Asia, is becoming increasingly active in the Phnom Penh market having recently entered into a $3.6 million purchase agreement to acquire a 25 percent stake in the Lumiere Hotel located in the city from Vivaz Group Holdings Pte Ltd.

Other developments under the company’s property arm include One18 Residences, a luxurious 24-storey apartment in the heart of Phnom Penh city.

The massive PPCC, a sprawling mixed-use development that has sprung up in the former Boeung Kak lake area, is expected to house more than 56,000 residents come 2035.



Cambodia Daily slapped with huge tax bill

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Source: Phnom Penh Post

An exterior view of the General Department of Taxation, which has slapped the Cambodia Daily with a $6.3 million tax bill. Pha Lina

Government-aligned media outlet Fresh News has published a leaked letter from the Taxation Department to the Cambodia Daily claiming that it owes $6.3 million in back taxes, a disclosure accompanied by scathing anonymous “letters” attacking the English-language newspaper and prominent NGOs.

The leak on Friday night came hours after Prime Minister Hun Sen, at a Council of Ministers meeting, instructed the interior, foreign and finance ministries to examine whether NGOs in Cambodia are paying income tax for their personnel.

The document was first made public on the Facebook page of opposition lawmaker Ou Chanrith, who said after the letter’s release that his page has been compromised by hacks since April and that he was not responsible for the leak.

After publishing the tax document, Fresh News then posted anonymous letters attacking the outlet the next day – the first from a “citizen” using the name “Cambodian Dragon”, who asked why an “American newspaper” was allowed to pay “no tax money”. The letter referred to the paper being “shut down” in a month if it didn’t pay, and accused the outlet and some NGOs of having double standards.

The second, purportedly from a “university student”, expanded on the theme, accusing the paper of writing news to “incite” and “defame”, and of “stealing tax”.

The swift publication of anonymous editorials, one of which alleged high-profile NGOs Licadho, Adhoc and Comfrel owed taxes, appeared to be a government tactic to “intimidate” civil society, said Licadho’s Deputy Director for Advocacy Naly Pilorge.

Pilorge said the allegations against Licadho were incorrect, and she criticised the release of the purported tax information of the Daily, which has long been criticised by the prime minister and recently had two reporters summonsed to court in a widely-criticised case.

“I think it’s completely inappropriate that partial tax and vague administrative information of individual newspapers or other businesses would be posted publicly by pro government media without a process or final decision by relevant government institution[s],” she wrote in a message.

Adhoc spokesman Seun Sen Karuna and Comfrel Executive Director Koul Panha could not be reached.

The document, which is printed on General Department of Taxation letterhead and is dated August 4, is addressed to Bernard Krisher Jimusho Co Ltd, and is from Heng Narith, audit team chief at the department, which has been working to improve tax compliance.

It cites an audit of the paper’s finances from 2007 to 2016, and says the company must pay about $2.39 million in taxes, $957,784 in “additional” taxes and $2.95 million in interest, and must respond within a 30-day period.

In a statement yesterday, the Daily’s owner, Deborah Krisher-Steele, daughter of founder Bernard Krisher, said the paper was launched as a nonprofit to “train Cambodian journalists” and “provide accurate news” to strengthen civil society, and was not registered as a private company until recently.

Krisher-Steele said her father did not take any salary because the publication “made no profit”, and instead subsidised the paper until April this year when it was sold to Bernard Krisher Jimusho Co Ltd, a Cambodian company she established, which intended to run the paper as “an ordinary company”.

Kong Vibol, the general director of the Taxation Department, yesterday declined to comment on the leaked document, as did Sothon Vichet, a cabinet director at the Ministry of Economy and Finance.


More riverbank collapses near sand dredging site

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Source: Phnom Penh Post

Broken cement is visible behind the home of a Kandal province villager, part of whose home collapsed into the Tonle Sap recently. Yesenia Amaro

Still more riverbank collapses have struck a community in Kandal province’s Sa’ang district where multiple houses have crumbled into the Tonle Bassac river a stone’s throw from where four companies are dredging the riverbed for sand.

Chea Chan and Chum Theary’s home was one of several recently affected when their toilet and makeshift kitchen collapsed into the river on July 27, and the couple fears that more collapses will do away with what’s left of their home.

“It’s not safe at all,” Chan said on Friday. The couple said local authorities inspected the affected areas, and again attributed the erosion to natural causes, an explanation villagers refuse to accept.

Four companies – Leng Chin Group Co Ltd, Song Sopheap, Bassac Mekong Development Co Ltd and Porniron Co Ltd – were granted two-year dredging licences in the area by the Ministry of Mines and Energy in 2016.

In mid-June, following a spate of collapses, officials from the ministry promised villagers that the riverbank would be reinforced, and that pumping stations would have to stay 50 metres away from the bank.

On Friday, however, several vessels and pumping stations could be seen operating very close to the riverbank, but Ly Hong, Koh Kor village chief, claimed that a company was filling in already-eroded sites, not removing more sand.

He maintained the recent collapses only affected three homes, but villagers and activists claim eight families lost portions of their homes.

In June, residents from four villages, including Koh Kor, signed a contract with Leng Chin Group representatives saying the company would be responsible for damages to land and homes.

“The company must be responsible for damage or losses, according to the law or any relevant documents,” a copy of the contract reads.

However, Nhem Vandin, Sa’ang district governor, placed the blame on the villagers.

“We have told the villagers there about three times, so far, to be more cautious,” he said. “They could look for a safer place, if possible, because they are living along the riverbank.”

He said he had sent officials to inspect the most recently affected areas, and attributed the erosion to the high level of water in the river.

A Leng Chin Group representative declined to comment, as did ministry officials, referring questions to spokesmen who could not be reached. Kang Sam Nieng, 32, also lost a portion of his back home in the recent collapses, including his toilet as well.

“I don’t think there’s a solution for the future,” he said.

Hun Vannak, an activist with the environmental NGO Mother Nature, said the ministry hasn’t shown villagers an environmental impact assessment from the companies.

“We believe that right now, the companies don’t have those documents,” he said.


Taxis ordered off street sides near Monivong Bridge

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Source: Khmer Times

Taxi drivers will have to park at a bus station near Chbar Ampov market instead of on the roadside. Supplied

Chbar Ampov district governor has ordered taxi drivers to cease parking along the road near Monivong Bridge, offering them an alternative nearby as part of ongoing efforts to ease congestion on major capital roads.

District governor Cheng Monyra said yesterday that he handed down the order on Friday and notified the drivers they could park in an underused bus station nearby.

“Residents complain that roads near the bridge always have traffic jams due to some of the taxi drivers parking their cars along the road to look for customers,” he said.

“I ordered them to park their car at a bus station near the Chbar Ampov market so we can return public order to the streets.”

Mr Monyra said the bus station is not currently operational and he has ordered it be cleared of trash and overgrown bushes to make room for taxi parking.

“The bus station is messy, but I have ordered workers to clear the rubbish, move some vendors and create space for the taxis to park,” he said.

Sem Sovann, a villager who lives near Monivong Bridge, said the taxi drivers create chaos by dominating the streets.

“This road is always very busy and has traffic jams every day,” he said. “We hope that after this order from the government, the road will not be so crowded.”

Last month, the new Phnom Penh governor held a meeting with all district governors to select 11 main roads to be freed of vendors and street side parking.

The 11 streets include Norodom Boulevard, Sisowath Boulevard, Sihanouk Boulevard, Monivong Boulevard, Russian Boulevard, Mao Tse Toung Boulevard, Kampuchea Krom Boulevard, Moniret Boulevard, Charles De Gaulle street, Street 271 and Street 70.


Mother Nature activist held over drone use

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Source: Phnom Penh Post

Mother Nature activist Huy Vannak (left) was released yesterday after he was arrested for allegedly flying a drone without permission in Kandal’s Sa’ang district. Ly Raksmey/Mother Nature

An activist with environmental NGO Mother Nature who has been documenting the impact of sand dredging in Kandal province’s Sa’ang district was temporarily detained yesterday for flying a drone without permission and for his community activism, a few hours after a meeting between locals and authorities to discuss the dredging.

Hun Vannak was detained yesterday by some 20 provincial police officers in Koh Kor village just after noon. Before his arrest, residents and local authorities had met at a villager’s home, where they aired their concerns over continued sand dredging and its impact on their livelihoods. They say the dredging has caused multiple riverbank collapses, damaging locals’ homes.

The villagers and Vannak also went to the Raka Khpos commune office to protest the ongoing dredging.

Vannak said he was questioned for hours about flying a drone without permission over the weekend, and about his work to help the communities affected by the sand-dredging operations. Before releasing him, officers asked him to sign a document that he said had three conditions: that he inform authorities about future drone flights, that he not get involved in “general government management” and that he not lead “illegal” campaigns that “put security at risk”.

“What they [did] is 100 percent harassment,” he said. “But I’m not afraid.”

In a statement, the Cambodian Center for Human Rights said police were accompanied by four to five uniformed representatives of the Leng Chin Group, one of four companies behind the dredging, at the time of his arrest.

For several hours, fellow activists had no idea where Vannak had been taken, or why he was being held.

Later in the evening, however, Lim Kimsor, a women’s issues coordinator for Mother Nature, said provincial authorities told them Vannak was arrested for allegedly flying a drone without asking permission.

Khim Chankiri, provincial deputy governor, confirmed that provincial police “invited” an activist from Mother Nature to their station today, but maintained he was not aware why. Chankiri added that authorities are trying to solve the sand-dredging problem for villagers.

“We are finding solutions for 15 families who are most affected by riverbank collapses in connection with Leng Chin Group company,” he said.

Kandal Provincial Police Chief Eav Chamrouen did not answer repeated calls, and other police officials couldn’t be reached to clarify why Vannak had been detained.

In June, two other Mother Nature activists were allegedly harassed by police in the same village after helping coordinate a protest over the same issue.

Fellow activist Ly Raksmey said Vannak had only attended the meetings yesterday to take photos and live stream the proceedings. “We did not expect that they would arrest him,” he said, adding that some 20 community members and Vannak’s family yesterday evening went to the police station to show their support.

Sorn Ramana, a project coordinator at the CCHR, said the organisation was “very concerned about this arrest as it follows a clear pattern of judicial harassment against Mother Nature activists”.


Authorities tighten access to Sesan resettlement sites

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Source: Phnom Penh Post

One of the checkpoints set up by authorities on the road leading to the new Srekor village resettlement site. RFA

Authorities in Stung Treng province are preventing outsiders, including NGOs, from accessing resettlement sites for villagers displaced by the Lower Sesan II dam unless they apply for and are granted permission beforehand.

In all, 743 families from Srekor and Kbal Romeas villages have moved to the newly built settlements because of flooding in the reservoir area of the dam, which was tested last month and is scheduled to go online in September.

Former Srekor Commune Chief Siek Mekong yesterday said outsiders, including NGOs and journalists, must ask permission from the provincial authorities to access a paved road linking National Road 78 to the resettlement site for Srekor village, which is about 37 kilometres away and past the Lower Sesan II dam. “If any outsiders want to pass the road, they need to ask permission from the provincial authorities. It is a new restriction,” said Mekong.

Travellers could previously access Srekor or Kbal Romeas villages via the Srepok Bridge, but since it was dismantled last month because of impending floods they have been using an old national road to access the reservoir area and the resettlement sites.

When police blocked that route, people entering the area from outside began using the paved road to the resettlement sites, which now also has checkpoints staffed with Military Police officials, according to Mekong. Outsiders who wish to visit their relatives also need to get permission from the authorities, he said.

One resident of the resettlement site for Srekor village, Heng Sophea, 39, claimed that staff from NGO International Justice Mission (IJM) attempted to give her a ride to one of the resettlement sites after receiving treatment for severe joint pain, but their car was stopped by three men in civilian clothes.

“We asked them to let the NGO to take me in, but they strongly disagreed even though the commune chief intervened,” Sophea said.

She finally took a local taxi to the resettlement site. An IJM representative declined to comment.

“We are not happy about it. NGOs could not access to give any education, training, or give any aid to the villagers at new site,” he said.

Stung Treng Provincial Hall spokesman Men Kong said the Hydro Power Lower Sesan II Company asked for military policemen to safeguard the area for security reasons, such as preventing intruders from stealing company property.

He said “legitimate” NGOs would be allowed to access the resettlement sites “if they have a clear and good reason”.


Breaking: Tep Vanny sentence upheld

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Source: Phnom Penh Post

Boeung Kak protestors hold an impromptu cursing ceremony outside the Appeal Court, which upheld a 30-month sentence for Tep Vanny’s alleged involvement in a 2013 protest that turned violent in Phnom Penh. Ananth Baliga

The Appeal Court this morning upheld a two and a half year sentence for Boeung Kak activist Tep Vanny for her alleged involvement in a 2013 protest outside Prime Minister Hun Sen’s residence in Phnom Penh that turned violent.

Presiding Judge Pol Sam Oeun said the Phnom Penh Municipal Court’s verdict to sentence the prominent activist to 30 months in prison was upheld and that he found no fault in the lower court’s decision.

“The council sees that there was violence that happened and complied with the charge of ‘violence with aggravating circumstances’, and that decision of the municipal court was correct,” he said, referring to the three-judge panel.

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Protestors outside Phnom Penh Appeal Court this morning. Ananth Baliga

Vanny was convicted last September for allegedly ordering an attack on around 200 Daun Penh security guards, police and military police personnel as she and fellow activists attempted to deliver a petition to Prime Minister Hun Sen’s home near the Independence Monument. Vanny has denied instigating violence, insisting the protesters were the victims. About 10 activists were injured as the security forces violently dispersed the crowd.

The lake resident was sentenced to 30 months, fined 5 million riel ($1,240) and ordered to pay 4 million and 5 million riel in compensation to plaintiffs and Daun Penh security guards Hao Hoeurn and Ouk Ratana, respectively.

Three Boeung Kak residents – Ngeth Khun, Kong Chantha and Bo Chhorvy – who were present as they were witnesses, erupted in criticisms of the court on hearing the verdict, with Vanny herself yelling at court officials in between tears.

“Unjust! Unjust! Put me in jail if you think this would bring benefit to the nation. You arrest female land [rights] victims in jail. Today, I am in jail, next day you would be in jail,” she yelled, as she was forcefully put into a prison van.

A group of protestors with incense sticks outside Phnom Penh Appeal Court this morning.

A group of protestors with incense sticks outside Phnom Penh Appeal Court this morning. Ananth Baliga

Around 50 supporters broke out into tears and began chanting and yelling insults at the court, with some of them starting an impromptu “cursing ceremony” involving incense sticks and lotus stems. Boeung Kak resident Khun could be seen smashing coconuts and lotus flowers as she yelled, “second Pol Pot, second Pol Pot”.

Vanny has been in jail since last August when she was convicted of “public insult” for conducting a cursing ceremony as part of the civil society-initiated “Black Monday” protests, and has since had three other cases, including today’s, resurrected.

The trial, which started on July 27, again had plaintiffs Hoeurn and Ratana skipping court, with prosecutor Sar Yos Thavrak questioning Vanny’s intention to go to the premier’s home. “You stormed into his house. This is your mistake,” he said, at the time.


Villagers demand answers on railroad

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Source: Phnom Penh Post

Villagers gather to protest yesterday outside Phnom Penh Municipal Hall demanding authorities provide information about a proposed railway development project, citing widespread fear of being evicted without compensation. Hong Menea

About 100 people yesterday gathered in front of Phnom Penh Municipal Hall to demand information concerning a proposed project to transform a disused railway into a road from the Phnom Penh railway station to Kilometre 6 in Russey Keo district.

The villagers, who hail from Tuol Kork and and Daun Penh districts, fear the project will result in their eviction.  “The municipal hall is still hiding information relating to the railway project . . . We are afraid of having the same fate as Beoung Kak, Thmor Kol and Borei Keila,” said Ny Sandos, a representative of village 23 in Tuol Kork, referring to several notorious land disputes.

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Community members gather to protest yesterday outside Phnom Penh Municipal Hall. Hong Menea

According to villager Neang Phannith, City Hall permitted a handful of people inside to speak with officials. However, villagers were prevented from copying documents laying out plans for the railway’s transformation.

Maintaining that there was currently no concrete plan in place for the railway’s conversion into a thoroughfare, City Hall Deputy Administration Director Hok Huorlim, said that if the project does begin,  “we will inform all the people via a public forum by explaining the reasons or the size of the impacts”. Similarly Met Measpheakdey, Phnom Penh Municipal Hall spokesman, yesterday insisted no project was underway.

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Villagers outside Phnom Penh Municipal Hall. Hong Menea

 

“People worry because they saw our officials went to measure,” he said, maintaining the measurement was unrelated. Human rights NGO Licadho’s monitoring manager, Am Sam Ath, said he supported efforts to obtain more clarity regarding the project.  “If there is [any] impact how will City Hall solve the problem for the people?” he asked.



Petition delivered by farmers who say Vietnamese firm stole their land

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Source: Phnom Penh Post

Community members gather in Phnom Penh yesterday to demand government intervention to resolve a land dispute in Svay Rieng province. Photo supplied

Around 200 farmers from Svay Rieng province petitioned Prime Minister Hun Sen’s cabinet in Phnom Penh yesterday claiming that a Vietnamese company had grabbed their land only to turn around and accuse 10 of them for grabbing company land.

Around 1,700 farmers from Romeas Hek and Svay Chrum districts claim Vietnamese-owned NK Ventures took around 975 hectares and threatened locals with legal action if they continued to try to get the land back.

Community representative Khiev Sarun said police in Romeas Hek had attempted to prevent them from coming to Phnom Penh, forcing them to take a detour across rice fields.

“We ask the government to seize the land from the company and hand to the people to cultivate, because this is their livelihood and they are poor.”

He added that people had lost their land because they were never given titles, while others were affected by irrigation canals built by the company or simply evicted.

Ol Sok Yos, of the Ministry of Land Management, said the ministry’s technical land committee would look into the complaint. NK Ventures could not be reached.


Officials suspected of illegally clearing land

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Source: Phnom Penh Post

Officials inspect flooded forest land on Friday that was cleared illegally in Kampong Chhnang province. Photo supplied

A commune chief and his deputy are suspected of involvement in an illegal land clearing case in Kampong Chhnang’s Boribor district after police stopped three people in the act of cutting down flooded forest.

Khuon Saorum, Boribor district governor, said his forces stopped three loggers on Friday afternoon from clearing a protected flooded forest in Chhnok Trou village and released them in exchange for signing a contract promising to stop the clearing.

“The criminals [behind them] will not manage to escape the law,” Saorum said.

Speaking on condition of anonymity, a commune council member implicated Chhnok Trou First Deputy Commune Chief Long Sokhum, local market fee collector Yem Buntha and another villager.

He added that the newly elected commune chief, Tan Kemsorn, “might be involved”, a charge that Kemsorn denied, saying the clearing happened before he was elected.

Former Commune Chief Samrith Pheng, however, also said the new chief played a role in the clearing. “I believe that [Kemsorn] knows who is involved . . . But I think he might receive some interest [money] from those people as well,” he said, adding that the authorities had put off investigating the case.

Sokhum and Buntha admitted that they had given the orders to clear the flooded forest “for temporary cultivation”.

“At least 10 people [are involved] and 10 hectares have been cleared,” Sokhum said. “We will hand it back to the state when the state wants it.”


Rights groups condemn decision to keep land activist Tep Vanny in prison

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Source: Phnom Penh Post

A group of protesters hold incense sticks during an impromptu cursing ceremony yesterday outside the Appeal Court, which upheld a 30-month sentence for land rights activist Tep Vanny’s alleged involvement in a 2013 protest that turned violent in Phnom Penh. Ananth Baliga

In a decision roundly criticised by rights observers, the Appeal Court yesterday upheld a two-and-a-half-year sentence for Boeung Kak activist Tep Vanny for her alleged involvement in a 2013 protest outside Prime Minister Hun Sen’s residence in Phnom Penh that turned violent.

Presiding Judge Pol Sam Oeun said the court found no fault with the Phnom Penh Municipal Court’s decision to sentence the prominent activist to 30 months in prison.

“The council sees that there was violence that happened and complied with the charge of ‘violence with aggravating circumstances’, and that decision of the municipal court was correct,” he said, referring to the three-judge panel.

Vanny was convicted last September for allegedly ordering an attack on around 200 Daun Penh security guards, police and Military Police personnel, as she and fellow activists attempted to deliver a petition to Prime Minister Hun Sen’s home near the Independence Monument.

The lake resident – one of the most prominent faces of the acrimonious and long-running land dispute between Boeung Kak residents, developers and City Hall – was sentenced to 30 months, fined 5 million riel ($1,240), and ordered to pay 4 million and 5 million riel in compensation, respectively, to plaintiffs Hao Hoeurn and Ouk Ratana, both of whom are Daun Penh security guards.

Vanny has denied instigating any violence, insisting the protesters were the victims. About 10 activists were injured as the security forces violently dispersed the crowd.

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Boeung Kak activist Tep Vanny is escorted by officials earlier this year in Phnom Penh.Hong Menea

Three Boeung Kak residents – Ngeth Khun, Kong Chantha and Bo Chhorvy – were in court as witnesses, and erupted upon hearing the verdict, with Vanny herself yelling at court officials in between tears.

“Unjust! Unjust! Put me in jail if you think this would bring benefit to the nation. You arrest female land [rights] victims in jail. Today, I am in jail; the next day, you would be in jail,” she yelled, as she was forcefully put into a prison van.

Upon receiving word of the verdict, around 50 supporters outside the court burst into tears and began chanting and yelling insults at the court, with some of them starting an impromptu “cursing ceremony” involving incense sticks and lotus stems. Lake resident Khun could be seen smashing coconuts and lotus flowers as she yelled “Second Pol Pot! Second Pol Pot!”

Vanny has been in jail since last August, when she was convicted and sentenced to six days in prison for “public insult” while conducting a cursing ceremony as part of the civil society-initiated “Black Monday” protests. On top of the case addressed in yesterday’s hearing, two others have been resurrected – one of which has not yet gone to trial, and another in which Vanny and three others have been sentenced to six months in prison for a similar protest outside City Hall.

Read more: Boeung Kak: A Disastrous Decade

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Boeung Kak activist Bo Chhorvy refuses to leave the Appeal Court premises yesterday in Phnom Penh. Ananth Baliga

Both plaintiffs skipped court throughout the trial, denying the defence the opportunity to cross-examine them.

Prosecutor Sar Yos Thavrak, however, insisted Vanny was in the wrong for having gone to the premier’s home in the first place. “You stormed into his house. This is your mistake,” he said during the first hearing.

Following yesterday’s verdict, Human Rights Watch (HRW) released a statement asking for the quashing of charges against Vanny and her immediate release, and highlighted a lack of evidence and witnesses in the prosecution’s case.

“The case against Tep Vanny is a blatant misuse of prosecutorial power to punish her for her peaceful activism,” said Phil Robertson, deputy Asia director at HRW. “This prosecution is intended to silence Tep Vanny and intimidate other Cambodian activists.”

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Boeung Kak protesters hold an impromptu cursing ceremony yesterday at the Appeal Court. Ananth Baliga

Rhona Smith, the UN special rapporteur on human rights to Cambodia – who is on a 10-day visit to the country – said the ruling was not “especially surprising” and that the judicial process needed to be strengthened to ensure rulings are based on evidence.

“I think with the court process as a whole, there are many issues in which clarity on evidentiary requirements could be helpful across a range of cases, and not just that one,” she said.

Standing outside the court, Licadho’s Am Sam Ath also questioned the evidence used to paint Vanny as the instigator, saying that if she had in fact given orders, then the people who followed them should be prosecuted as well.

Protestors outside the court at Vanny’s appeal last month:


Pawn shops face crackdown

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Source: Khmer Times

City Hall has ordered district authorities to review all pawn shop operations. KT/Mai Vireak

Phnom Penh City Hall has set its sights on the many pawn shops in the city, ordering police to check that each shop has proper registration papers.

 

City Hall spokesman Met Meas Pheakdey said shops without proper documents would be shut down.

“We ordered officials in 12 districts in Phnom Penh that within the next two weeks, they have to check all shops to see if the shop owners have registered or not,” Mr Meas Pheakdey said.

He said the initiative was to ensure that all pawn shops properly follow regulations and do not operate as middlemen for stolen goods.

“If we find that any pawn shop has no licence to operate we will require them to close temporarily and then apply to the authorities to get licences,” Mr Meas Pheakdey said, adding shops that failed to do so would be closed permanently.

Mr Meas Pheakdey added that even some registered shops probably receive stolen goods and that the authorities must put a stop to such practices.

“They have licences to operate their shops, but they don’t operate it properly following the law when their clients come to receive loan proceeds and owners do not check where the assets are coming from,” he said.

“In such cases, it’s safe to say that the shop owners are intentionally receiving stolen goods.”

“Our authorities must keep an eye on this and shut down this kind of pawn shop too.”

San Chey, executive director of the Affiliated Network of Social Accountability, said the initiative was admirable but unlikely to succeed without help from national police as well. 

“If they just let district authorities check all the shop’s legal documents across Phnom Penh, they cannot do that when they face-off with powerful shop owners,” Mr Chey said.

“An inspection commission from the national level would make this initiative more effective.”


Where are all of Phnom Penh’s green spaces?

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Source: Phnom Penh Post

Green space enhances the appearance of the roundabout near Chroy Changvar Bridge. Moeun Nhean

Open green spaces remain crucial for the healthy development of any city, especially one that is urbanising at a rapid speed. According to City Hall, the municipality is catering to the growing need for public parks, but not everyone is content with the recent action, with citizens maintaining that more green space is needed in Phnom Penh.

Phnom Penh municipal spokesman Meth Measpheakdey said over the past few years, City Hall had undertaken renovations to upgrade existing parks and had invested heavily in new public parks and gardens, including the park along Chaktomuk River, Democratic Park and another garden bed along the Tonle Sap River.

Measpheakdey claims Phnom Penh now has about 70 parks or open, green spaces, adding that City Hall was striving to establish more public parks in new districts in the near future.

Ho Vandy, secretary-general of Cambodia’s National Tourism Alliance, said that while Phnom Penh had a lot of natural beauty, like new parks and the Tonle Sap River, he doesn’t believe they are being used to their potential.

“Looking at the parks, some people still litter in the public which doesn’t look nice at all,” he said.

“Along with building more public parks, the authorities should also ensure that these parks and public spaces are safe and clean, because if not, the locals as well as tourists will not venture to these public spots.”

Chea Sokngy, a vendor in Phnom Penh, said: “A few friends of mine and I don’t do exercise at the parks that often because there are more and more people at places like the Royal Palace Park and the River Side Park. Therefore, we have decided to instead ride bicycles around the local streets.”

“We request the City Hall to build more parks to make greener spaces more available for the people,” Sokngy said.

Chrek Soknim, CEO of Century 21, said construction laws in Cambodia have not specified how much land should be designated for public, open spaces, such as parks.

“From what we have seen, huge construction projects being built in Phnom Penh have not kept any idle space for public parks,” he noted, adding “As more skylines rise in Phnom Penh, it’s even more important for Phnom Penh to develop parks in the future.”

Uk Sovannrith, a former professor who specialised in architecture and urban planning at the Royal University of Phnom Penh, said he was concerned about the rapid growth of construction in the capital city.

“Taller buildings lead to higher density of living which can result in more vehicles on the road and extra congestion,” he said.

“The City Hall or the government should carefully implement proper standards for urban planning, environmental protection and proper fresh air flow. They must also create more green spaces in more locations to help offset pollution,” Sovannrith added.


Dam contractors owe workers

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Source: Phnom Penh Post

Homes built for resettlement of villagers affected by the Lower Sesan II dam. Photo supplied

A group of construction workers are appealing to local authorities for help after allegedly being shorted thousands of dollars in pay for building new homes for villagers displaced by the Lower Sesan II dam.

According to Srekor Commune Chief Siek Mekong, the men filed the complaint several weeks ago, alleging that three contractors hired by the company building the dam had not paid them wages for five to six months.

At least 21 construction workers say they are owed money for their work at the resettlement site for Srekor village in Stung Treng province, according to Mekong. Along with Kbal Romeas village, Srekor lies in what will soon be a reservoir created by the dam. Residents from both villages have been offered plots in resettlement sites nearby.

“The contractors owe some of them $50, some $250 and some up to $500,” Mekong said, adding that the contractors seem to have fled.

“We do not know where they are now,” he said.

Hydro Power Lower Sesan 2 Co Ltd representative Chhay Meng said the company has been reaching out to the contractors and that one is on his way back to Stung Treng province, while another is sick.

A company employee in charge of contracting, who only gave his family name, “Lay”, confirmed that the company is looking for the contractors.

The 400-megawatt dam is expected to go online next month.Stung Treng provincial Deputy Governor Chea Thavarith said he has advised the company to solve the problem.

“If we do not solve it, it would be a sin. They are all poor people,” Thavarith said.


Consumer retail demand underpins rise in shopping malls

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Source: Phnom Penh Post

AEON Mall, which opened in 2014, is expanding in the Kingdom with AEON Mall 2 set to open in 2018. Photo supplied

Cambodia’s retail scene is making big leaps and bounds as many new mall entrants ready to open their doors in 2018, despite a study by Bonna Realty Group showing more than 30 retail precincts are already operating across Phnom Penh.

A recently completed study by Bonna Realty Group which surveyed the capitals retail market for the first half of 2017 found that the city has 31 shopping precincts of varying scale and grade.

Segmented into A, B and C grades – with grade A encompassing larger malls like AEON and the upcoming Parkson Mall – the study found that grade A shopping malls share a total size of about 80,000 square metres while grade B malls in the city comprise about 24,000 square metres.

The same study also found that the average rental fee per square metre had increased slightly, with grade A space costing $35 to $40 per square metre. Grade B rentals averaged $25 to $30 per square metre while grade C cost $12 to $25.

Pen Sokea, Bonna Realty’s director of evaluation, told Post Property that a number of big malls would be emerging in 2018, including Aeon Mall 2 and Parkson Mall.

“The demand for more shopping malls is being triggered by the arrival of famous brands, however, the buying capacity in the shopping malls themselves hasn’t changed much,” he said, adding, “More shopping malls also poses concerns as supply seems to be large when compared to the buying capacity of the locals.”

Thida Ann, director of CBRE Cambodia, said that while there were many new shopping outlets emerging in Phnom Penh, there was concurrently a rise in food and beverage precincts.

“Entertainment, food and beverage outlets are still leading the trend in Phnom Penh,” she said.

Bonna Realty Group’s study also highlighted the large foreign interest that Cambodia’s retail sector is attracting, with Royal Group recently signing a memorandum of understanding with South Korea’s largest retailer, E-Mart Inc, to build a massive retail outlet that combines a supermarket with a department store in the Kingdom.

While new retail developments are emerging, old shopping centres are undergoing makeovers to keep up with the newer and more modern shops. Kap Rithy, general manager of Sorya Shopping Center, said the complex had just finished its $5 million renovation and was planning to re-launch the centre at the end of this year.

According to Rithy, the renovation has resulted in more international brands coming in, which he hoped would translate to higher foot traffic at Sorya.

“Sorya focuses more on attracting the locals, though the huge shopping malls coming next year will be equipped with international standards which is a drawcard for locals. But in my opinion, I think the huge malls coming to Cambodia is a good thing as it will help drive economic growth,” he said.



Cambodian surrogacy law due in 2018, but legality still uncertain

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Source: Khmer Times

UN Special Rapporteur Rhona Smith at the Justice Ministry meeting yesterday in Phnom Penh. Photo supplied

A long-awaited law on surrogacy will be introduced next year, with a first draft already completed, according to the Ministry of Women’s Affairs and UN Special Rapporteur Rhona Smith, yet officials yesterday said no decision had been made on whether the contentious practice would be made illegal or not.

The news comes a week after the sentencing of Australian nurse Tammy Davis-Charles and her two Cambodian associates, Samrith Chakriya and Penh Rithy, to 18 months in prison for their role in facilitating surrogate pregnancies for foreign couples desperate for children.

In the absence of a surrogacy law, the trio were controversially charged with being intermediaries between a pregnant woman and adoptive parents, and for fraudulently obtaining documents, like birth certificates.

UN Special Rapporteur Rhona Smith last October – the same month surrogacy was suddenly banned in a Ministry of Health directive – promised to offer input into the nascent legislation. Her research, in the form of a concept note, was delivered to the Ministry of Justice, spokesman Chin Malin said yesterday.

“The concept paper analyses the universal practices and principles and international practices for the respect for human rights, and whether Cambodia should follow which angle,” Malin said.

“We have checked on that research for knowledge while we are drafting [the law], and she will continuously support the team.”

In an email yesterday, Smith said that “surrogacy arrangements become a human rights issue when the rights of the women, children and parents are not fully respected and protected”.

“The rights of any child born from surrogacy arrangements do engage the Convention on the Rights of the Child,” she said.

“It is hoped that this law will protect Cambodian women from exploitation and ensure that the rights of any children born through surrogacy are protected.”

Although officials previously said the law would likely not come into effect until after the July 2018 national elections, Phon Puthborey from the Ministry of Women’s Affairs said he expected the law to be complete in “early 2018”.

“We already finished the zero draft . . . now we have the skeleton of the law,” he said, saying the draft had been sent to various ministries, who would meet next month to discuss feedback.

“This is just our expectation, for early 2018. But we are not sure whether we could do it because it’s a complex issue . . . so for now, with our framework, commercial surrogacy is illegal.”

A timeline of surrogacy in the Kingdom:

 


Cambodia’s ‘robust’ laws on freedom of expression are routinely misapplied, says report

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Source: Phnom Penh Post

Ethnic Jarai Christians gather for a monthly meeting at a residence in Ratanakkiri province last year before the meeting was shut down by authorities. Photo supplied

In spite of a generally good legal framework, Cambodians face systematic restrictions on their fundamental freedoms, according to a new joint report released by rights organisations yesterday.

The first annual report of the Fundamental Freedoms Monitoring Project by the Cambodian Center for Human Rights (CCHR), Adhoc and the Solidarity Center examined freedom of association, assembly and expression across Cambodia, and found hundreds of restrictions or violations of fundamental freedoms over the past year.

The authors logged 391 individual cases of restrictions or violations of fundamental rights, as well as 60 reports of association meetings, trainings or celebrations being interrupted by the police “without a legal basis”.

Additionally, they found 590 incidents, reported in the media, in which the Cambodian government’s “actions or words” had an impact on fundamental freedom. Sixty-one percent of those were cases in which the government “improperly implemented” the law.

They also find that some elements of the legal framework “unjustifiably restrict[ed] the freedom of expression” – for instance the NGO Law clause requiring all organisations to “maintain their neutrality”.

Surveys also showed that only 11.5 percent of respondents felt they were “very free” to exercise their fundamental freedoms or participate in political life.

CCHR Executive Director Chak Sopheap said the most concerning aspect was the “systematic monitoring” of civil society. “Police routinely demand to observe such activities, and often take photographs and demand lists of participants,” she said in an email.

The report gives an example of a gathering of Christians in June 2016, “who were meeting to discuss their faith and eat” but were interrupted by police, saying they should have sought permission.

But government spokesman Phay Siphan said such interference was legal. “They have to cooperate with local authorities . . . They have to get a permit,” he said. “What [NGOs] wish to see is no law; they wish to do whatever they want, but we won’t let them do it.”

Yet Sopheap disagreed, saying that, “at least on paper”, Cambodia had a “robust legal framework”, but “misapplication of laws … is endemic”.

However, Siphan insisted any mistreatment was simply the result of poor legal representation, not a symptom of systematic shortcomings in the legal system – which has been routinely criticised for decades. “They should find a good lawyer to protect their rights, but instead of doing that they discredit the courts. And discrediting the court is a criminal act.”

But Human Rights Watch’s Phil Robertson characterised the situation as Prime Minister Hun Sen’s “intensifying crackdown on civil society in pursuit of absolute power”, and called on donors, the UN and foreign governments to “resist this onslaught”.


After Cambodia Daily’s $6M bill, tax authority targets RFA, VOA

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Source: Phnom Penh Post

Traffic passes in front of the General Department of Taxation in Phnom Penh. Pha Lina

Popular media outlets Radio Free Asia and Voice of America have become the latest to draw the attention of the government for allegedly not paying taxes, one week after a letter to the Cambodia Daily demanding more than $6 million in back taxes was leaked.

In the August 11 letter, the Ministry of Economy and Finance asks the Information Ministry to take action against the stations for failing to pay taxes and for not being licensed news organisations.

The letter says that both RFA and VOA had failed to register with the Tax Department and to pay taxes, both as an institution and for individual employees, despite being reminded to do so by the tax officials.

“[They] are having news activities and rent air time from some local radio stations to relay their broadcasting without having fulfilled tax duty, although they have received our invitation and announcement,” the letter reads.

It also asks Information Minister Khieu Kanharith to push the two radio stations to comply with their tax obligations, or else take “strict action” against them.

Kanharith did not respond to requests for comment, but took to his Facebook on Saturday to say that the ministry had not taken a stance on the issue. “Because I have not received the letter yet and normally paying tax is the duty of the station which rents airtime,” he wrote on social media.

Ouk Kimseng, ministry spokesman, said the two outlets will have to pay tax if they have not already been doing so, and would need to register with the Information Ministry. He declined to comment further.

“For now, they have to respond to the Tax Department. For other things, the Ministry of Information will decide this week,” he said. “For licensing, I won’t talk about this now. It is a bit complicated.”

Nob Sothon Vicheth, cabinet director at the Ministry of Economy and Finance, declined to comment and directed queries to the Tax Department, where General Director Kong Vibol could not be reached. Vibol said last week that if the Daily failed to pay its tax bill or to dispute it formally within the month, it would have its licence revoked.

RFA’s spokesman in Washington DC, Rohit Mahajan, said the radio station did not have any comment on the letter.

Pa Nguon Teang, executive director of the Cambodian Center for Independent Media, which runs the media outlet Voice of Democracy, said that if the Tax Department was cracking down on offenders then it should not be restricted to the three media outlets.

“I think it is a new measure of the government to threaten or put pressure on independent media in the time when the election is approaching,” he said. “So, I am concerned for the freedom of press and free access to information for the people.”


Laos withdraws troops after Hun Sen ultimatum

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Source: Phnom Penh Post

Soldiers ride in a convoy through Phnom Penh during the early hours of Saturday, after Prime Minister Hun Sen ordered troops to the Lao border and issued a six-day deadline to Laos to pull back troops who had allegedly trespassed into a border area. Tang Chhin Sothy/AFP

Lao troops occupying territory south of the Sekong River withdrew on Saturday after Prime Minister Hun Sen gave them a six-day deadline to leave and dispatched two military brigades and members of his personal Bodyguard Unit to the border.

The swift mobilisation, announced on Friday morning, followed a months-long stalemateover a contested piece of border land in Stung Treng province, where Lao forces have blocked Cambodian military engineers from building a road.

On Saturday, Hun Sen appeared in Laos with his Lao counterpart, Thongloun Sisoulith, who apologised for not responding to a direct request by Cambodia’s premier to remove Lao forces from the area in Siem Pang district.

“Laos will withdraw its troops by [Sunday] morning,” Sisoulith said. “The border committees will negotiate about the border [issue] to demarcate it soon”

Tensions about disputed territory between Cambodia and Laos have rumbled for more than a year, and boiled over in February when a few hundred Lao troops crossed the Sekong to halt the construction of a road skirting Cambodia’s border. According to a summary of the meeting between the two premiers on Saturday, 14 percent of the border between the two countries is un-demarcated.

That initial standoff in February was briefly resolved and construction continued until April, when Laos set up a semi-permanent camp to block the engineers, whose road project is set to skirt Cambodia’s northern boundary and join with another section in Ratanakkiri province.

“There were about 400 Laotian troops in that area, four units comprised of 100 personnel,” said government spokesman Phay Siphan.

“On the Cambodian side they stationed about 70 to 80 from the morning, and left about 40 at night.”

Cambodian soldiers in Stung Treng’s Siem Pang district prepare to take a boat yesterday to the Lao border, where troops had been engaged in a standoff with their Lao counterparts. Heng Chivoan

 

Post reporters were yesterday blocked by a border police official from visiting the remote contested area, known as O’alay, in Santepheap commune.

At an outpost about 30 kilometres away called O’ Kuk, two of the military engineers who worked on the road said Lao soldiers had set up tents within a stone’s throw of the Cambodian troops and claimed they were on their land.

“The Laotians said they had been stationed there since French colonial times but Cambodia did not access that area,” said one of the engineers, who requested anonymity for fear of repercussion.

Nearby, a 53-year-old border policeman, who returned from the contested zone last week, said the camps were a few dozen metres apart. On the Cambodian side, military troops formed the central force with police units on their flanks, he said. “Mostly we just patrolled in groups of 10,” said the policeman, who also requested anonymity.

“It was tense. We have had no communication with the Laotians since April . . . but I’m not scared. If they shoot at us, we would shoot at them.”

The policeman said extra soldiers arrived on Saturday morning and crossed into the contested area, though he was not sure of the unit.

According to the premier, the Kampong Cham-based Brigade 21 was mobilised, as was a brigade from Intervention Division 2, understood to be Brigade 6.

Photos also circulated of a truck-mounted rocket battery from the Prime Minister’s Bodyguard Unit being prepared for transport on Friday and driving past Phnom Penh’s Independence Monument early on Saturday.

Reached yesterday evening, Defence Ministry spokesman Chhum Socheat said the “Laos military invaders” had withdrawn by 4pm on Saturday, and the mobilised Cambodian forces had also returned to their bases.

“The situation at the area has returned to normal. There is no problem anymore,” he said, adding he could not confirm when construction on the road would resume.

“The [prime minister] and his counterpart met in Laos [and] the border committee from the two countries will talk about the border issue.”

Sok Touch, the head of Cambodia’s Royal Academy, who previously investigated alleged border encroachment by Vietnam in the east, yesterday visited the site, as did the premier’s eldest son, Hun Manet, a lieutenant general who holds several leadership positions in the Royal Cambodian Armed Forces, according to government-aligned media outlet Fresh News.

Touch was unreachable yesterday, though on Saturday he said he would document what had happened on the remote frontier.

Paul Chambers, of the Institute of South East Asian Affairs, said Laos may have been motivated by a desire to protect the area’s lucrative trade in natural resources, such as timber, which he noted the Laotian military was “heavily involved” in.

Hun Sen’s “bombastic” response, meanwhile, appeared aimed at a domestic audience.

“In this case, once again, Hun Sen uses the nationalism card against regional weakling Laos to try to unite Cambodians behind him,” Chambers wrote via email.

“I think this situation has become a worsening border dispute but Hun Sen is now turning it into a source for domestic nationalism which he can use to benefit himself and his political party.”


Apsara Authority continues removing homes in Angkor

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Source: Phnom Penh Post

Authorities demolish alleged illegal construction sites in Siem Reap’s Angkor protected area. Photo supplied

The Apsara Authority and Siem Reap provincial officials have demolished 49 homes out of 520 slated for removal within the Angkor Archaeological Park since Thursday, officials said yesterday.

According to authority spokesman Long Kosal, the homes were mostly built during the 2017 commune elections season, with contractors “taking advantage” of the uncertainty to push schemes on clients.

“Apsara Authority usually sends its officials to explain [to the contractors] regularly, but they did not listen and neither did [the home buyers], who also believed in the lies of constructors,” he said.

Read more: ‘Illegal’ Angkor homes dismantled in Siem Reap

According to Kosal the removals are starting in Prasat Bakong, Angkor Thom and Siem Reap districts, and will then proceed to Puok and Banteay Srei districts. Homes dating back to the 1980s, he said, will be unaffected.

However, some locals say small homes are being unfairly targeted.

“How about the hotel and huge housing compound that are in my area as well?” said Pich Sruoch, a villager in Nokor Thom commune whose home was destroyed.


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