FOR DOCUMENTATION NOT FOR SALE PURPOSES AMONG Corruption Monitor PARTNERS ONLY Issue 13 - December 2008 Monthly review of corruption-related stories in the Cambodian media

THIS MONTH Interior Minister pushes to end The US$40 million emergency food corruption within police forces relief provided by the Asian Develop- ment Bank early November caused Interior Minister on No- economic crime police officers deployed nationwide protests against corrup- vember 21 urged police forces to end to control several national roads includ- tion during the distribution of the rice their long held culture of corruption, or ing the main national roads 4 and 5 only bags. It is interesting that so many they would face tough measures includ- are extorting money from businessmen ordinary people felt free to openly ing dismissal, newspapers reported No- and other citizens, demanded the Nation- protest against perceived corrupt of- vember 24. al Police Commission to redeploy them ficials. Also, seldom has a corruption- Sar Kheng, who also serves as depu- in order to end this illegal practice, the related issue been covered in so many ty prime minister, said that police, espe- Khmer-language daily added. Cambodian news reports (20 stories cially anti-economic crime forces, have He said that economic crime police in the media monitored for this survey been criticized for engaging in graft fail to fulfill their duties to serve national alone). Another positive development to rise through ranks and for extorting and public interest, and work only for related to corruption was the unprec- money from business people and other their personal advantages. edented criticism Interior Minister Sar citizens, according to Moneaksekar “So far to what extent have anti-eco- Kheng expressed against the common Khmer. nomic crime police contributed to crack- practice of bribing within the police “I would like to suggest that the culture ing down on economic offenses? Noth- force: “The culture of administration of administration to obtain a higher rank ing. I have never received [such] reports, to obtain a higher rank or a position or a position must be ceased, otherwise only complaints,” Sar Kheng was quoted must be ceased, otherwise your po- your police will eventually have no com- on Radio Free Asia November 22. lice will eventually have no competent petent experts […] so we need to care Economic crime police have been experts”, said Sar Kheng to police of- about competent officers [who do not pay cooperating with tax officers to commit ficials during the inauguration of the for promotion],” Sar Kheng said during a graft, which has contributed to higher new National Police Commissioner ceremony appointing as goods prices and inflation, according to Neth Savoeun. Stories related to in- National Police Commissioner to replace Moneaksekar Khmer. stances of corruption that directly af- late , who died in a helicopter With a continued culture of corrup- fect the Cambodian business world crash, Rasmei Kampuchea wrote. tion, Sar Kheng explained, “only the are this month’s highlight on page 2. Sar Kheng, complaining that some Continued on page 2 ADB food aid distribution Private hospitals pay police causes countrywide turmoil for accident information The delivering of rice donated by the Asian Development municipal officials have criticized private hos- (ADB)’s US$ 40 million emergency food-for-poor-people pro- pitals and police officers for conspiracy to make patients pay gram resulted early November in several protests of at least excessive medical bills, newspapers reported November 4. 1,000 people in ’s southwestern provinces, accus- Municipal Police Chief Touch Naroth said that private am- ing village and commune chiefs of delivering rice only to bulances are quick to come to the scene of an accident as friends, relatives and supporters of the ruling Cambodian police officers inform them through police radio scanners, in People’s Party (CPP), news agencies reported. exchange for “tips”, according to Koh Santepheap. The accusations were backed by local NGOs including Police officers do not demand such money, but private am- human rights group Licadho and the Cambodian Center for bulances themselves volunteer to do so, Naroth insisted, add- Study and Development in Agriculture (CEDAC). ing that police would cooperate with state ambulances if they “The consequences [of the unfair distributions] bring a would be equipped with police radio scanners instead of the bad image to the Cambodian government because officials telephone network currently used by state ambulances. entrusted with facilitating the distribution of aid commit cor- Municipal Governor Kep Chuktema said that in case of an ruption,” said Licadho investigation officer Chan Savet, WMC accident, some private ambulances take victims with minor FM102 broadcast November 8. injuries to their hospitals where the victims are charged ex- CEDAC President Yang Saing Koma said that due to their orbitantly, while sending victims in critical condition to state time constraints and ability plus political motivation, officials hospitals, Rasmei Kampuchea reported. may have been unable to properly select the targeted needy, Chuktema and Naroth made their statements during a RFA FM105 broadcast November 12. meeting with Health Minister Mam Bun Heng, who announced “[The problems] can be related to their capacity …and the deployment of 19 ambulances in Phnom Penh’s seven dis- their understanding….I think sometimes it is also politically tricts to fasten the transport of patients or those injured in ac- motivated to some degree,” he told RFA. cidents to state hospitals, the newspaper noted. The ADB started to distribute rice in the first week of No- The minister also warned that private ambulances will be Continued on page 3 prohibited from operations in the future. No.13 • December 2008 Corruption Monitor

Corruption & BUSINESS ing of the cities green parks after the governor Phan Chanthol. The deputy *Villagers in Kampong Chhnang millions of visitors have left again. governor referred the question to a pro- province complained recently to report- *Finance Minister Keat Chhon called vincial official, Ma Sarim, who claimed ers that provincial police had deployed the refusal by two giant international oil that the provincial hall had never issued forces to anarchically extort money from companies, CALTEX and TOTAL, to re- any order to form such a special com- merchants carrying their goods on mo- duce their gasoline prices, a psychologi- mittee. torcycles along National Road No.5. The cal war with consumers, accusing the two * A border pass near Holiday Palace residents alleged that police officials companies of keeping prices artificially Casino in Banteay Meanchey province is imposed hefty fines on owners of motors high, VOD reported November 3. Other becoming a transit point for smuggled without number plates, enforcing laws gasoline stations operating in Cambodia gasoline, meat, living animals and other ‘coming from their own mouths’. The including TELA and SOKIMEX did follow expensive commodities from Thailand fines ranged from 10,000 to 20,000 riel the ministry’s request to lower prices. to Cambodia, Rasmei Kampuchea re- [about US$5], affecting the livelihood VOD reported furthermore that Rong ported November 18. Illegal merchants of poor villagers who sometimes have Chhun, president of the Cambodian In- reportedly paid bribes to border police been detained when lacking money to dependent Teachers’ Association (CITA), officials stationed at units No.918 and pay the greedy police officials, Rasmei planned a mass demonstration against 911. A source said that the border pass Kampuchea reported November 6. the high gasoline prices. According to was controlled by a police chief identi- *Phnom Penh Municipal Governor Rong Chhun corrupt government offi- fied as Nop Mab, who is the subordinate Kep Chuktema is enraged over the cials collaborate with oil companies to of a police chief at Unit No.918. small incomes so far collected for lease keep prices at the pump high. * During a recent exclusive inter- of locations by companies selling and *An anonymous source alleged that view with Rasmei Kampuchea Novem- advertising their products during the Prey Veng provincial authorities had set ber 13, World Bank Director Ian Porter upcoming Water Festival, a municipal up a special ‘economic committee’ com- said the WB found it difficult to talk to official told on the condition of anonym- prising of police and military police offi- the Cambodian government about ity, Rasmei Kampuchea reported No- cials to extort money worth US$180,000 measures to reduce risks on projects fi- vember 7. Another source said that one to 200,000 from Vietnamese merchants nancially supported by the WB. Porter’s company paid up to US$10,000 to the buying rice in Cambodia, Rasmei Kam- remarks came after the WB managed to municipal official designated to collect puchea reported November 14. The il- collect some evidence indicating that money from businesses with stands. legal ‘economic committee’ has been embezzlement and corruption were in- The newspaper suggests in its report operational for three years, but the volved in signed contracts with the gov- that if the payments for location lease are Cambodian government has not been ernment. However, Porter claimed that controlled transparently and effectively, informed about this. Asked about the is- all efforts of the WB are made to guaran- the municipality might be able to cover sue, Prey Veng provincial governor Ung tee that WB’s projects will benefit devel- the annual restoration and re-beautify- Samy referred the question to deputy opment in Cambodia.

Continued from page 1: SAR KHENG ex-deputy Pm taiwan arrested for corruption prime minister [and] the interior minis- A former deputy prime minister and a money laundering case against Former ter will be cursed, and our police will senior member of Taiwan’s opposition Dem- Taiwanese President Chen Shui-bian, in lose dignity,” the newspaper reported. ocratic Progressive Party (DPP) has been which Chiou was quested as Chen’s for- He strenuously warned that if police arrested over alleged corruption in the lat- mer “right hand” man. does not stop graft, “I will not only dis- est series of scandals targeting the opposi- Chen is being investigated for alleged- miss you, but also remove you from the tion camp, officials said October 31, Rasmei ly embezzling US$ 450,000 while in office. [formal government] framework.” He Kampuchea reported November 2. He was arrested for alleged money laun- also appealed to the public to participate Chiou I-Jen is suspected of embez- dering and corruption on November 12, in fighting ill-gotten money by reporting zling US$ 500,000 from diplomatic funds according to latest foreign media reports. any police related to corruption. during his time as general secretary of Chiou’s arrest came several days af- During the appointment ceremony, the National Security Council in 2004, ter another senior DPP member was ap- Neth Savoeun vowed to protect the na- said a court spokesperson in Taipei. prehended for alleged corruption. tion, integrity and justice and combat The spokesperson said that Chiou re- Analysts said that subsequent corrup- corruption to maintain the honor and ceived Travelers Cheques from the Min- tion scandals involving Chen, his family dignity of national police forces, Mo- istry of Foreign Affairs, which were found members and other senior DPP mem- neaksekar Khmer noted. to have been cashed in foreign casinos. bers have defamed the party, and were Opposition lawmaker Mu Sochua Prosecutors found the alleged embez- likely a reason behind the party’s defeat told The Phnom Penh Post that “we want zlement during their investigations into a in the March presidential election. to see real commitment from the gov- The Corruption Monitor of the Clean and Radio Free Asia (RFA on FM 105). ernment,” to enable the police forces to Hand Campaign is produced every This review gives an overview of sam- work professionally and independently. month by CAIRN as part of an ongoing ples found. Corruption-related stories Referring to the fact that Neth Sa- survey commissioned by PACT Cam- brought by other media are included if voeun is married to a niece of Prime Min- bodia. During this survey the following found relevant. newspapers and radio news programs Articles are quoted and translated as is, ister , Mu Sochua warned: “The are daily monitored on corruption-relat- without any warranty as to the accuracy current system [promotion through po- ed stories: of the information reproduced. The Cor- litically affiliation] will continue to cre- Rasmei Kampuchea, Koh Santepheap, ruption Monitor does not necessarily ate a greater culture of corruption and Kampuchea Thmey, Moneaksekar reflect the views and opinion of USAID/ Khmer, Sralanh Khmer and news broad- PACT. For more information and corrup- impunity and will have a serious impact casts of National Radio Kampuchea AM tion-related stories visit: on both public service and security,” 918, FM 102 (Women Media Centre), www.pactcambodia.org according to the newspaper. Voice of Democracy (VOD on FM 106.5) For questions: [email protected]  Corruption Monitor No.13 • December 2008

Rubber farmers call for interventions court director in alleged fraudulent documentation prioritized cases for Approximately 50 rubber farmers faked, the protestors said, adding that personal benefits from four districts in they filed a complaint with the provin- gathered outside the Ministry of Justice cial court, for which the hearing has The director of Takeo provincial court in Phnom Penh November 3, holding now been postponed for nearly a year and his clerks have allegedly heard only banners calling for interventions to step by Prosecutor Mey Sakhorn.. cases beneficial to them due to adminis- up a legal case against private company Protestors appealed for intervention trative or informal fees paid by defend- which allegedly used fake documents by the Minister of Justice to urge the ers and plaintiffs, while forwarding “less to claim their rubber plantations, Koh provincial prosecutor to step up the le- lucrative” ones to other judges, Rasmei Santepheap reported the following day. gal case, because the protracted proce- Kampuchea reported November 8. Representatives of the farmers dures have made the Solidarity Groups Court Director Tit Sothy has colluded from 34 Solidarity Groups and group suffer mistreatment, threat and oppres- with his clerks, Pen Eun and Duk Saron, to branches in Banlung, Or’chrov, Borkeo sion from Tay Seng. prioritize cases in contrary to article 26 and Lumphat districts claimed that Tay The company has claimed that the of the Civil Procedure Code and article Seng Import and Export and its “par- Solidarity Groups do not sell rubber 51 of the Penal Code, according to “reli- tisan groups” falsified documents and to it, failing to comply with contracts able” sources, the newspaper wrote. thumbprints to claim their 1,300 hect- signed by the two sides. The contract Abusing his jurisdiction and power, ares of rubber plantations. apparently stipulates the groups must Sothy issued verdicts unilaterally with- The company used the thumbprints sell rubber to the company only. But out suggestion from two jurors. Acting as of eight of its employees to represent the protestors argued that they can not both judge and clerk during a hearing, the Solidarity Groups, and then fraudu- sell rubber to Tay Seng only, as the com- he reads “the section of understanding”, lently informed provincial authorities pany offers lower prices. leaving his clerk to read a decision. and the Ministry of Agriculture, Forest- Two days before the gathering out- Other judges and clerks in the pro- ry and Fishing to dissolve the rubber side the Ministry of Justice the farm- vincial court resent the “irregularities” groups in the whole northeastern prov- ers had railed in front of the Takhmao involving Sothy and his conspirators, ince, according to protesting farmers. residence of Prime Minister Hun Sen, but due to “fear” they have not protest- In a report dated January 2008, the whose cabinet then assured them that ed publicly, Rasmei Kampuchea con- Provincial Police Commission con- investigations would be conducted in cluded. The newspaper failed to men- firmed that Tay Seng’s documents were response to their complaints. tion Ti Sothy’s side of the story. Kompong Cham principal accused of appropriating school land Some 30 teachers from Boeng Kok However, as the court has yet to hand The teachers requested Hun Neng Secondary School in Kompong Cham down any ruling, Vansak has resorted to to intervene to prevent the school land town met with Provincial Governor Hun conspiring with the squatters to share from being possessed by Vansak and Neng November 6 to complain that the 28 plots of land adjacent to the school’s the Education officials. school’s principal and four other educa- fence, the teachers claimed, adding that The teachers’ representative told Ras- tion department officials have appropri- Vansak, like more than 20 other families, mei Kampuchea that the governor has ated some plots of the school land, Ras- has built houses on the land [for rental]. agreed to reject the official’s proposal mei Kampuchea reported November 8. Svay Phalla, director of the province’s and to advise the Department of Land The teachers said that by 2001 at Education Department, and three other Management not to issue land ownership least six families settled illegally in department officials, proposed Kompong titles to families living on the school land. some parts of the school’s one-hectare Cham governor Hun Neng October 25 to In response to the land sharing ac- compound, forcing school principal allow them to claim 261 square meters of cusations, Vansak said: “I only manage Cheam Vansak to file a lawsuit with the land, which the teachers insisted are lo- the school for students; I don’t know court to evict the squatters. cated within the 28 plots. anything about the land sharing issue.”

Continued from page 1: ADB vulnerable,” The Phnom Penh Post No- them to receive aid from the program. vember in the first phase of its emer- vember 17 quoted ADB country director The ADB and the government were gency food program for poor people in Arjun Goswami as saying in a statement. scheduled to establish a coalition task Kompong Chhnang, Pursat, , He said that those in need have ef- force to investigate the allegations of Meanchey Meanchey, Oddar Meanchey, fectively benefited from the program, unfair rice distribution, with ADB offi- Siem Reap, Kompong Thom and three an achievement for which the govern- cials serving as observers. poor communities in Phnom Penh. ment will be commended, Khmer Stha- “I don’t think the investigation will By November 7, the ADB received 45 pana reported November 17. The Cam- take a long time; it’s not too difficult,” Vong complaints filed by individuals or groups, bodian government contributed US$5 Sandap, deputy secretary general for the said ADB program officer Long Vopisith, million to the program. Ministry of Finance, told The Post. Rasmei Kampuchea reported the follow- Both the ADB and the Cambodian “We trust them [commune chiefs in ing day. However, “it remains unclear who Ministry of Finance and Economy con- charge of distribution]. They are the made mistakes and who did not; it is not ceded that protests did occur but they ones who know exactly who should re- related to corruption, but some proce- were because rice was distributed to ceive emergency food assistance and dures need to be improved,” he added. only the poorest 20 percent of residents, who should not.” The ADB and the government defend- sparking envy in slighter better-off fam- Following the first phase of the three- ed November 14 the food distribution. ilies, according to Khmer Sthapana. year project, the ADB will engage in the “This assistance is making a very real dif- The ADB also admitted that village second phase—prioritizing food-for- ference in the lives of Cambodia’s most chiefs had registered relatives to allow work programs, the The Post concluded.  No.13 • December 2008 Corruption Monitor

Cham villagers reject appointed new leader Letter to the Editor: Over three hundred Cambodian-Is- der for the religious leader to put pres- reform state schools lamic villagers staged a two-day peace- sures on the villagers,” was villager Ny ful demonstration on October 31 and Son quoted saying. The Cambodian government should November 1 at an Islamic mosque in A representative for the protestors restructure Phnom Penh’s state schools Takeo province’s Kompong Youl village said that Ry Math has been ousted be- charging students informal fees, or the to object the appointment of their new- fore from his post as a religious leader country will face incompetent human ly-appointed religious leader, Ry Math, in the village and that his renewed ap- resources, according to a letter from whom they accused of being dishon- pointment provoked the 300 residents a Phnom Penh resident published by est and of embezzling money donated to this demonstration. Rasmei Kampuchea November 2. to support an Islamic community in the Ry Math could not be contacted for “On behalf of parents of students, village, Radio Free Asia reported No- comments on the allegations. as his mo- we want the government to strengthen vember 2. bile was turned off. discipline at state schools to prevent “The nomination of the religious Zakiriya Adam, secretary of the sate Cambodian youth becoming incompe- leader violated the rights of the villag- of the Ministry Cult and Religions Af- tent human resources,” the letter read. ers. Now turmoil has erupted through- fairs, said that he would cooperate with Few schools in Phnom Penh are the out the village. The powerful people are other relevant officials to intervene in child-friendly center where students behind the violation, and issued an or- the issue. want to learn, meet with friends and teachers, as portrayed by the Ministry state confiscates 3,000 hectares of forest land of Education, Youth and Sports. Students Kampot forest administration au- no protests conducted. He claimed that remain afraid of schools and play tru- thorities have recently reclaimed nearly the land involves over 1,200 families. ant, particularly because their teachers 3,000 hectares of “illegally occupied” The sub committee has also handed continue to charge them informal fees. forest land, Rasmei Kampuchea re- down a similar order to reclaim another 1,517 Even a grade 1 student must infor- ported November 18. hectares of forest land in Sre Cheng and Sre mally pay his teacher 1,000 Riel [about Om Mak Theary, chief of the prov- Kh’nung communes, Chum Kiri distrct, said US$ 0.25] a day, plus fees for hygiene ince’s Forest Administration, said No- officials whom the newspaper failed to iden- services and other ‘fund raisings’. Stu- vember 17 that the province’s Sub-Com- tify. Without complaints and protests, similar dents at secondary or high schools mittee for Preventing and Suppressing confiscation will take place. must pay 20,000 Riel per month per Forest Land Encroachment has issued Kampot Forest Administration plans subject, even for sports and programs an order to reclaim 2,955 hectares of to confiscate several other thousands of they attend in a private class. If a stu- forest land in Stung Kbal Damrei, Stung hectares of forest land whose ownership dent does not want to attend such pri- Ankanh, Or Nangkoal, Or Moan Prey and certificates have been issued by com- vate classes, he has to pay 30,000 Riel Phnom Teap Khmom in Chhok district. mune officials, Mak Theary said, noting per subject for the whole academic He said that after the sub committee that his authority has this far reclaimed year. Students who fail to take promo- released a public notification of the con- 3,139 hectares of encroached forest tion exams can pay US$ 10- 20 to enter fiscation no complaints were filed and land. higher grades. Some school principals require Forest and wildlife crimes still haunt students to join private classes dur- Rattanakiri and kampong thom ing annual national holidays, warning Rattanakiri Deputy Provincial Gover- Thom provincial environment officials in that students who fail to attend will not nor Chey Sayeoun recently confessed to coordination with the provincial armed be given their academic books, thus Rasmei Kampuchea that forest crimes forces to prevent forest and wildlife preventing them from going to high still exist in the province, the newspa- crimes, some merchants colluding with grades the following academic year. per reported November 12. armed authorities also in this province These are only a few examples of the Chey said that some of the perpetra- still manage to illegally transport timber several improper practices involving tors are villagers who cut trees to sell to and animals out of certain districts of the teachers in Phnom Penh, which has merchants, but in other cases merchants province at the expense of Cambodia’s nearly become a culture. hired residents to cut trees for them. He natural resources. The Department of Education and added that sometimes forest was also Illegal merchants continue to be the Ministry of Education have not taken destroyed by a company with a forest found transporting luxurious timbers by any measures at all. Problems in state concession granted by the government. their motors, cars and trucks from dozens schools have forced some parents to Chey insisted however that Rattanakiri of places in two districts of Baray and San send their children to private schools. provincial anti-forest crime authorities had Thok, a Kampong Thom provincial envi- Although they know private schools been working hard to raid perpetrators ronment official told. The timber is sent lack good and professional teachers, and put a complete stop the illegal act. to furniture handicrafts in the province or parents feel confident that at private “We acknowledge that forest crimes sometimes to Phnom Penh, he added. schools their kids do not play truant or really exist. But, we have tried to crack Elsewhere in the province in Prasat get involved with drugs or gangsters. down on it. As a result the transport of Sambo district monkeys are also being A private school class is costly; but illegal luxurious timber nowadays has seriously threatened by traps placed in given the many informal fees at a state significantly declined compared to pre- the district’s community forest, causing a school, parents may end up paying a vious years, and we will not forgive per- serious decline of the number of animals similar amount. Senior - Ministry of Ed- petrators,” the deputy governor said. in community forest and wildlife sanc- ucation - government officials may not tuaries. Rumors go that this crime even know what is happening at state schools, Koh Santepheap reported Novem- intensifies because some police officials as they send their kids to study at good ber 7 that despite efforts by Kampong work in cahoots with the perpetrators. private schools at home or abroad.  Corruption Monitor No.13 • December 2008

UPDATE SURVEY ON CORRUPTION-RELATED STORIES

Corruption-related stories per newspaper Corruption-related stories per radia program

1592 900 1600 900 1480 830 1400 800 1200 700 1025 1000 600 500 800 694 400 600 300 400 200 114 200 108 79 83 100 100 46 31 52 4 3 0 0 Nov '07 - Nov '08 Nov '08 Nov '07 - Nov '08 Nov '08

Koh Santepheap AM 918 Rasmei Kampuchea FM 102 Kampuchea Thmey VOD on FM 106.5 Moneaksekar Khmer RFA on FM 105

Phnom Penh Corruption Locations of Stories Top 10 Keywords Battambang Collusion 2% Land Grabbing 14% Kampong Cham 8% 6% 4% 3% 4% Bribery Southeast 26% 2% 4% Forest Crime Southw est 6% 5% Extortion Northeast Transparency 35% 7% 6% Northw est Fraud 6% 15% 9% Cambodia Anti-Corruption Region 9% 14% 15% Smuggling International Other (10 Keyw ords)

Since November 1, 2007 all stories of main Cambodian newspapers and radio news broadcasts are monitored daily on twenty keywords related to corruption. The survey assesses all stories on both quantitative and qualitative parameters. Above the 13th update with quantitative findings for November 1, 2007 to November 30, 2008.

Compared with November 2007 the combined total number of stories found for newspapers and radio in November 2008 is nearly the same; 460 versus 467 a year earlier. However, specified per medium figures did change significantly for Koh Santepheap and Rasmei Kampuchea, each publishing 25 corruption-related stories more than during the same month a year earlier, and VOD, broadcasting nearly 50 stories less.