Cambodia’s Parliament Passes Laws 'Threatening Judicial Independence'

 
Cambodia’s opposition-boycotted parliament has unanimously approved a set of judicial laws that rights groups say will give Prime Minister Hun Sen’s government effective control over the judiciary and further undermine the independence of courts.

All ruling Cambodian People’s Party (CPP) members of the National Assembly agreed to adopt the laws which in effect put the minister of justice at the center of all key decision-making by the judiciary and by the Supreme Council of the Magistracy (SCM), the body charged with appointing, disciplining, and overseeing the country’s judicial system. 

The CPP MPs approved the law on the Organization and Functioning of the Supreme Council of the Magistracy and the Law on the Statute of Judges and Prosecutors on Friday and the Law on the Organization of the Courts on Thursday.

Lawmakers from the opposition Cambodian National Rescue Party (CNRP) have been boycotting the assembly in protest against the result of the July 2013 general election, which it said was marred by fraud.

Criticism

During the debate before the approval of the laws, a CPP legislator criticized the current judicial system, calling on Justice Minister Ang Vong Vathana to take action against judges and prosecutors who did not adhere to the law.

“The law on Functioning of the Supreme Council of the Magistracy is an important law to oversee works of judges and prosecutors,” MP Loy Sophat from Prey Veng province said.

“As you may be aware, our court previously had a good reputation and now people don’t value and trust the court,” he said before the assembly’s floor.

In response, Ang Vong Vathana said the ministry was in charge of judicial administration and budget and disseminates information and provides training to judges and prosecutors but it could not punish them if they flout the law.

“The Supreme Council of the Magistracy will [have provisions to] punish any judges and prosecutors who make mistakes,” he said, adding “I am not in the disciplinary council.”

Last week, 34 local civil society organizations and labor unions as well as the Geneva-based International Commission of Jurists and the U.S.-based Human Rights Watch called for a delay in the debate on the draft laws, which had not been released for public consultation with civil society and relevant stakeholders as required by the constitution.

In a joint statement, they said provisions in the laws “jeopardize the independence of the judiciary” guaranteed under the constitution and the United Nations.

‘Excessive power’
They said that the law on the Organization and Functioning of the Supreme Council of the Magistracy “provides excessive power to the Minister of Justice to control and lead the decision-making process of the Supreme Council of the Magistracy.”

In addition, the Law on the Organization of the Courts empowers the justice minister to govern and control and manage the budgets of all tribunals while the Law on the Statute of Judges and Prosecutors empowers the minister to advance and promote judges and prosecutors as well as placing judges and prosecutors under the central administration of the ministry.

“These issues, among others concerns, undermine the independence of the courts and the impartiality of judges and prosecutors,” the statement said.

“As such, these three draft laws cannot guarantee the separation of power between legislative, executive and judicial branches in accordance with Article 51 of the Constitution.”

The groups stressed that the Supreme Council of the Magistracy was “crucial” to the separation of powers.

“It must remain independent so that it can fulfill its constitutional function to assist the King in
ensuring the independence of judicial power.”

Defense

Minister of Interior Sar Kheng on Thursday defended the CPP’s move to push through with the laws.

He criticized CNRP lawmakers for not showing up at the assembly to debate the laws, saying it would be difficult to make any changes after the legislations take effect.

“Maybe they don’t have enough votes to make any changes to the law,” he said.

After the July 28 polls, which the opposition maintains were fraught with irregularities, the government-appointed National Election Committee declared the CPP the winner with 68 seats in parliament to the CNRP’s 55, but the CNRP claimed it had won at least 63.

CNRP spokesman Yim Sovann said that the party has boycotted the assembly as a sacrifice for long term benefits.

He said that the party would make changes to the laws when it has the power in the future.

“People will support us, we will have enough votes in the assembly and we will amend the law,” he said.

A Vietnam War diary wakes American veteran

Paul Reed shows the diary to Nhat Quynh, a Washington-based VOV correspondent

Nearly forty years have passed, but many US veterans are still plagued by the atrocities of the Vietnam War. Many returned home with post-traumatic stress disorder (PTSD) and struggled to adjust to civilian life, searching for inner peace, empathy and forgiveness.
Paul Reed is among hundreds of those US soldiers who has finally received such empathy.
In a room filled with war memorabilia, in McKinney, a small town in the US state of Texas, a man was sitting in front of a computer, with his eyes glued to the screen.

Paul Reed in the Kon Tum battle field

Horrific memories of military operations and fierce battles more than 40 years ago seemed to flood back, and they would probably reverberate throughout the rest of the life of the veteran who joined the Vietnam War in the late 1960s.
Paul said he could not forget the disturbing images of the brutal war which have haunted him every night for the past 46 years.
In 1966, Paul, 17, volunteered for US military forces fighting in Vietnam, bursting with patriotic pride. He eagerly took part in arduous military training, paying no heed to warnings from ex-soldiers returning from Vietnam.

Paul Reed in 1967

When joining the army, he registered for position of a paratrooper, but nobody warned him he would have to take up arms and fight. Later fierce fighting in Vietnam is a poignant reminder of the terrible war.
Paul joined Brigade 173 and was sent to Bien Hoa in March 1968 where he met an old American friend who had fought in Vietnam for six months. The friend felt sorry for him, explaining Paul would have to shoot and kill people.

Stamps and envelopes found in the backpack

Shortly after arriving in Vietnam, Paul was dispatched to the Kon Tum battlefield in the Central Highlands, where he experienced his first dark days of the unjust war.
His unit marched during daylight and slept in the forest at night, facing grave threats from snakes, centipedes, mosquitoes, and heavy forest rain. It was here, Paul witnessed the US troops’ utter boredom of the war.

The diary kept in the cardboard box in Paul's attic

In a hilltop raid, one of Paul’s soldiers was seriously wounded, as he slipped in and out of consciousness he wished he would return home sooner and meet his parents.
The soldier’s last words before he breathed his last echoed in Paul's mind as an evil omen of an unforeseeable return. Paul gradually realised that he and his teammates had fallen victim to the US administration’s shooting game.
In a fierce battle, Paul’s unit faced a heavy loss and had to change tactics in an attempt to occupy the top of a hill, which was in the hands of Vietnamese soldiers.

Paul (L) and his father before returning to Vietnam

Paul and several soldiers were assigned a scouting task and they discovered a camp of Vietnamese soldiers with over 50 backpacks, weapons, cooking pots, medical equipment, and first-aid bandages
When searching a backpack, Paul found two Vietnamese flags, stamps, money, photos, pieces of newspapers, and particularly a diary. He decided to hide all the items and send them to the US to avoid foreclosures.
That night, Paul packed a cardboard box in the form of a parcel and asked a helicopter pilot in person to transport the parcel back to the US and send it to his parents.
Although the deal was done, he still felt uneasy about it.

Paul handed over the diary to Nghia during his trip back to Vietnam

To his surprise, he received a letter from his mother ten days later, notifying him the parcel had arrived. However, Paul did not have much time to dwell on the news; he had to fight constant battles in central Vietnam, suffering harsh weather, extreme heat during daytime and bitter cold at night.
Paul eventually left the army and returned to the US after a year in Vietnam. He was told that the war had ended and that he should forget it.
He finally found a job but often felt anger towards his colleagues. After numerous quarrels and fighting, Paul lost everything, from his job to property and family.

Paul (L) and Nghia made a trip back to the former Kon Tum battlefield

Eighteen years after returning from the Vietnam War, Paul knew he suffered from post-traumatic stress disorder. He moved to live with his parents who were not able to explain why the enduring memories of the Vietnam War remained fresh in their son’s mind though he had left the army for nearly 20 years.
During a dinner, Paul’s mother reminded him of the parcel she had kept in the attic for nearly 20 years – the parcel Paul intended to throw it away, believing it to be rubbish.
He opened the box and found the diary with Vietnamese handwritings. His mother said she would find someone to translate the diary in the hope it could help to change his son’s life.
After translating the diary, the translator, a former Saigon regime officer, told Paul, “Paul, I also hate this man like you, but I must say this is a really good man.” Paul replied in anger, saying it was not a good man who killed his soldiers.
Paul brought home the translation, threw it on the table and did not look at it anymore. A few months later, he almost went crazy. In an angry squall, he raised his fist to the sky, screamed and wondered who got him into such a terrible mess.
By the time he realised God had arranged everything for him. He lost everything that God had given him.
Looking around, Paul by chance came across the diary on the table which contained verses about the homeland, love affairs, nostalgia for home and family, and the desire for national unification.
Within moments, Paul felt an empathy with the foe, a Vietnamese soldier, Lieutenant Nguyen Van Nghia, the author of the diary. He believed he and Nghia were one, without confrontation and hatred.
Paul thought that Nghia was also a human being and he fought for national independence. He was aware that revenging Nghia meant revenging himself, and forgiving Nghia also meant forgiving himself.
Paul shouted, “I will forgive you, I will forgive you”. He felt as if he had escaped the haunting ghost of the past war. He burst into tears, raising a number of Why questions like “Why was he killed?”, “Why did we kill him?”, “Why did I kill him?” He thought that killing Nghia meant killing himself.
Though Paul had not met Nghia before, in his mind, they had an affinity. Paul repeatedly read the diary day by day and wished Nghia was still alive to receive his sincere thanks.
Three years later, Paul decided to return to Vietnam and hand over the diary to Nghia’s wife to pay his gratitude to the Vietnamese soldier who helped change his life.
One day, before his return to the former battlefield, Paul found out Nghia was alive. He was so moved that he broke down in tears. He counted down the time when he could meet Nghia again.
Finally, the two former foes met each other on a wintry day in 1993 in Nghia’s house in Thai Binh province, not far from Hanoi capital. Beyond his expectations, he was welcomed in a sincere, open, friendly and hospitable manner.
Paul handed over Nghia’s memorabilia he had kept as his own, and the following day the two visited the former battlefield in Kon Tum province.
“I told Nghia I hated him because he had killed my friends. I also hated Vietnam,” Paul recalled. “Nghia said he also hated me because he had lost most of his friends and his younger brother who laid down their lives on the battlefield. He said I had killed them…..”
Paul said he had forgiven Nghia, and wondered if Nghia could forgive him. Nghia replied, saying “let’s break with the past”.
They shook hands, going down the hill where they pointed the guns at each other 25 years earlier. They felt the war has actually come to an end and they could finally lay it to rest.

Has China forgotten its commitments?

In the interview, Dr. Phuoc confirmed that China’s deployment of its drilling rig in Vietnam’s exclusive economic zone and continental shelf is a serious violation of international law. Vietnam can sue China in the international court, he asserted.


China's behavior has violated the 1982 UN Convention on the Law of the Sea (UNCLOS) and the basic principles of international law on friendly relations between countries that are prescribed in the UN Charter and codified in the Declaration of the UN General Assembly, dated 24/10/1970.
Under the provisions of the UNCLOS, coastal states have the right to set an exclusive economic zone that shall not exceed 200 nautical miles from the baseline. In these waters, the coastal states have rights of economic sovereignty such as exploration, exploitation, conservation and management of natural resources and living creatures in the waters above, the seabed, and the marine subsoil.
At the same time, the coastal states have jurisdiction (allowing or not allowing, checking, monitoring, handling or judging) for the installation of artificial islands and works such as underground cables, underground pipelines, oil rigs, etc.; marine scientific research and the protection and preservation of the marine environment in their exclusive economic zone.

To exercise the right of sovereignty and national jurisdiction in the exclusive economic zone, the UNCLOS allows coastal states to take all necessary measures, including examination, inspection, arrest and prosecution to ensure respect for the laws and regulations that the countries have issued in accordance with the UNCLOS (Article 73).For the seabed and subsoil of the sea, the UNCLOS allows coastal states to set up a continental shelf with width from the baseline to the continental margin of at least 200 nautical miles to 350 nautical miles, or from a 2,500 meter depth contour of not over 100 nautical miles. All the natural resources within the continental shelf may be regarded as the "property" of the coastal states.

It is an exclusive right, meaning that if the coastal states do not explore or exploit natural resources in their continental shelf, no one has the right to exploit without the consent and agreement of that country (Article 77). The coastal states have jurisdiction for the installation and use of artificial islands, structures and devices; drilling and exploration; conducting marine scientific research; preserving and protecting the marine environment in their continental shelf.
However, when the law enforcement agencies of Vietnam asked China to withdraw its illegal drilling rig from Vietnam’s exclusive economic zone and continental shelf, China mobilized more than 80 vessels, including military ships and aircraft, to intimidate and assault the boats of the Vietnam Coast Guard and fishery administration body.

This is a serious violation of international law in general, of the UN Charter, the UNCLOS 1982 and the basic principles of International Law, particularly the principle of sovereign equality among states; the principle of prohibiting the use and threat of use of force; the principle of peaceful settlement of international disputes; the principle that states are obliged to cooperate with each other; the principle of the right of self-determination and the principle of pacta sunt servanda – that China, as a permanent member of the UN Security Council, must play an important role in the construction and protection of international law, and as an economic, military and cultural powerhouse, must be exemplary.

The deployment of a drilling platform in Vietnam’s waters has seriously violated the laws of Vietnam, especially the Law of the Sea 2012.This Law was enacted on the basis of inheriting the laws of the sea that Vietnam had issued before, such as the Declaration of the Government of the Socialist Republic of Vietnam on Vietnam’s waters dated 12/5/1977; the Declaration of the Government of the Socialist Republic of Vietnam on Vietnam’s baseline dated 12/11/1982; the National Borders Act 2003 and other legal documents.This is the law that has the highest legal value on the sea of Vietnam, the most important national legal basis for the state and all agencies, organizations and citizens of Vietnam to manage, exploit and protect the sovereignty, sovereign rights and jurisdiction over the waters which are internal waters, territorial sea, contiguous zone, exclusive economic zone and the continental shelf of Vietnam.

The Law of the Sea 2012 of Vietnam is fully consistent with the UNCLOS 1982. According to this law, Vietnam has internal waters and territorial sea which are the maritime territory of Vietnam. At the same time, Vietnam has three waters under the sovereign rights and jurisdiction: the contiguous zone, the exclusive economic zone and the continental shelf.
Breaking agreements

VNN: China’s actions make the public feel like they have "forgotten" their responsibility to the commitments that they signed. Should we remind them of their commitments with ASEAN and Vietnam?

NHP: In terms of politics and international diplomacy, China's behavior has seriously violated the Declaration on the Conduct of Parties in the East Sea (DOC) that China and ASEAN signed in 2002 in Phnom Penh, Cambodia and the guidelines on principles to solve marine issues between Vietnam and China that was signed by top officials of the two countries in 2011.
I would like to present here some contents that China and ASEAN agreed to in the DOC:
Article 1: The Parties reaffirm their commitment to the purposes and principles of the Charter of the United Nations, the 1982 UN Convention on the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful Coexistence, and other universally recognized principles of international law which shall serve as the basic norms governing state-to-state relations;

Article 2: The Parties are committed to exploring ways for building trust and confidence in accordance with the above-mentioned principles and on the basis of equality and mutual respect;
Article 3: The Parties reaffirm their respect for and commitment to freedom of navigation in and overflight above the South China Sea as provided for by the universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea;

Article 4: The Parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea;
Article 5: The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from the action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner.

Pending the peaceful settlement of territorial and jurisdictional disputes, the Parties concerned undertake to intensify efforts to seek ways, in the spirit of cooperation and understanding, to build trust and confidence between and among them …Article 6: Pending a comprehensive and durable settlement of the disputes, the Parties concerned may explore or undertake cooperative activities.
Article 7: The Parties concerned stand ready to continue their consultations and dialogues concerning relevant issues, through modalities to be agreed by them, including regular consultations on the observance of this Declaration, for the purpose of promoting good neighborliness and transparency, establishing harmony, mutual understanding and cooperation, and facilitating peaceful resolution of disputes among them;

Article 8: The Parties undertake to respect the provisions of this Declaration and take actions consistent therewith;
Article 9: The Parties encourage other countries to respect the principles contained in this Declaration;
Article 10: The Parties concerned reaffirm that the adoption of a code of conduct in the South China Sea would further promote peace and stability in the region and agree to work, on the basis of consensus, towards the eventual attainment of this objective.

Especially, for Vietnam, China's actions have completely broken the agreement in principle resolving maritime issues between Vietnam and China that the most senior leaders of two sides signed in 2011.
Under the agreement, the relationship between the two countries should follow the motto “Friendly neighborliness, comprehensive cooperation, long-term stability and looking towards the future” and the spirit of “Good neighbors, good friends, good comrades and good partners” while handling maritime issues through negotiations and friendly consultations.
Both countries should attempt to find basic long-term solutions for settling disputes related to maritime issues based on respect for legal evidence and other relevant factors such as the history and stance of each side, according to the agreement.

During the process of negotiating maritime issues, both sides should abide by agreements and the consensus reached by the senior leaders of the two countries and the Declaration on the Conduct of Parties on the East Sea (DOC). While resolving maritime disputes involving other countries, both sides should also consult with those countries, the agreement says.
It also states that, while looking for a basic, long-term approach for settling maritime issues in the spirit of mutual respect and equal and mutually beneficial treatment, both sides should discuss interim and temporary solutions, including research and negotiations on joint development in the sea, without impacting each side's stance or policies.

The two sides should address maritime issues incrementally and speed up the demarcation of territorial waters off the Tonkin Gulf, in addition to discussing cooperation in developing these waters. Both sides should also foster cooperation in less sensitive fields, including marine environmental protection, sea science research, search and rescue operations and natural disaster mitigation and prevention.The agreement also noted that the two sides should alternately hold biannual meetings between the heads of Government-level border negotiation delegations and extraordinary meetings if necessary. The two sides also agreed to establish a direct hotline between the government-level delegations to help with the timely resolution of maritime issues.

China launches terrorism crackdown after Xinjiang region attack

 

China has launched a terrorism crackdown one day after a series of explosions in an open-air market killed dozens in the western Chinese region of Xinjiang, the country's state news agency, Xinhua said Friday.Without any details, the report said authorities had undertaken a "one-year crackdown on violent terrorist activities" in the volatile region after blasts in the heavily policed city of Urumqi killed at least 39 people and wounded more than 90, according to state media. The number of dead does not include the attackers.The state news agency reported Friday that five attackers were responsible for the blasts; four were killed in the explosions, and a fifth was arrested Thursday. They were identified through DNA testing, Xinhua said. 

In Urumqi, authorities tightened security checks at entry ports in an attempt to curb weapons smuggling, including inspections of individuals, luggage, transport facilities and postal deliveries at land border crossings, Xinhua reported Friday.After visiting the injured and the scene of the explosions, Guo Shengkun, minister of public security, called for severe punishment for those responsible, state media said.President Xi Jinping also called for the terrorists behind it to be "severely" punished.

Two SUVs slammed into shoppers gathered at the market in Urumqi at 7:50 a.m. Thursday, and explosives were flung out of the vehicles, Xinhua said.The vehicles then exploded, according to the news agency.Some of the photos circulating on social media suggested a hellish scene, with bodies strewn on the ground amid burning wreckage. Others showed flames and smoke billowing out of the end of a tree-lined street guarded by police.'An enormous sound'"I heard an enormous sound, then I looked out from my balcony," said a resident of a building near the explosion who would only give his surname, Shan. 

He told CNN that trees obscured much of his view of the scene, but that he "could see there was chaos, with people injured."Many of the victims caught in the blasts were elderly people who regularly visited the morning market, Xinhua reported."It's mainly people coming to trade vegetables, especially the elderly who get up early and buy vegetables to cook," Shan said.

The U.S. government condemned the attack."This is a despicable and outrageous act of violence against innocent civilians, and the United States resolutely opposes all forms of terrorism," White House press secretary Jay Carney said in a statement.

Chinese authorities have stepped up security measures in Xinjiang in recent months amid a series of attacks within the region and in other major Chinese cities.On Wednesday, Xinhua reported that 39 people had been sentenced to prison in the past two months for "inciting violence" in Xinjiang.

But Thursday's devastating blasts suggest the government is facing a foe determined to wreak havoc.

The market attack comes less than a month after an explosion hit a train station in Urumqi, killing three people and wounding 79 others.The April 30 blast occurred just after Xi had wrapped up a visit to the region.Ethnic tensions

Chinese officials have linked a mass knife attack in March that killed 29 people at a train station in the southwestern city of Kunming to Islamic separatists from Xinjiang.They have also blamed separatists for an October attack in Beijing's Tiananmen Square in which a car rammed into a pedestrian bridge and burst into flames, killing two tourists and the three occupants of the vehicle.

The knife-wielding assailants in the Kunming attack and the people in the car that hit Tiananmen were identified as Uyghurs, a Turkic-speaking, predominantly Muslim ethnic group from Xinjiang.

Ethnic tensions between Uyghurs and Han Chinese people, millions of whom have migrated to resource-rich Xinjiang in recent decades, have repeatedly boiled over into deadly riots and clashes with authorities in recent years.

Some Uyghurs have expressed resentment over harsh treatment from Chinese security forces and Han people taking the lion's share of economic opportunities in Xinjiang. The Han are the predominant ethnic group in China, making up more than 90% of the overall population.

Shift in targetsThe pattern of ethnic violence in the region goes back decades, according to James Leibold, an expert in ethnic relations in China at La Trobe University in Melbourne, Australia.

"But what's new, and what I think is significant, is that we have a shift in target," Leibold said. "We have a targeting of innocent civilians, places where innocent civilians gather -- an attempt to maim innocent civilians in large numbers."The other change is that the violence has "seeped outside" the borders of Xinjiang into other parts of China, he said.

It remains unclear who is behind the recent high-profile attacks.

Chinese officials have pointed to a murky separatist group, the East Turkestan Islamic Movement, which they have blamed for violent acts in the past. East Turkestan is the name used by many Uyghur groups to refer to Xinjiang.But analysts are divided about the extent of the that group's activities and its links to global terrorist networks such as al Qaeda"Generally, the government response is to blame terrorists without providing many details," Leibold said. "So I suspect it's going to be very difficult to get to the bottom of this incident like previous ones."