yash ghai

Tuesday, 18.12.2007: Mr. Yash Ghai Responds to Samdech Dekchor Hun Sen

The Mirror, Vol. 11, No. 539

“Phnom Penh: After a strong reaction from the head of the Royal Government last Wednesday, Mr. Yash Ghai, Special Representative of the UN Secretary-General for Human Rights in Cambodia, responded with a statement.

“On 12 December, Samdech Dekchor Hun Sen had said, at the inauguration of a dormitory for female students at the Institute of Technology of Cambodia, that he will not work with a Special Representative of the UN Secretary-General for Human Rights in Cambodia, if the present person is not changed. What Samdech said at that time was in reaction to a report by Mr. Yash Ghai which overstated the facts in Cambodia.

“Mr. Yash Ghai issued a press release in the afternoon of 17 December, saying that he is a special representative and a specialist who is assigned by the UN Secretary-General.

“He has a mandate to observe the respect of human rights and the basic freedoms in the country, in order to help the Cambodian government and the Cambodian people to insure that the Cambodian laws and norms are effectively respected, as an encouragement for international cooperation in the field of human rights, and he has to report annually to the UN Council for Human Rights which has been newly created.

“In his role as a special representative, he is not an employee of UN, and he also does not get a salary. His work is to serve the public free of charge. Mr. Yash Ghai is a professor of constitutional law and a protector of human rights who has a lot of experience in promoting the rule of law in many countries. He is not a representative of the country of Kenya. He is a representative for human rights according to the rules laid down in the Charter of the United Nations, to which Cambodia has subscribed as a member, including to the Universal Declaration of Human Rights and to many treaties which were also ratified by Cambodia, so they became part of Cambodian law.

“The declaration by Mr. Yash Ghai stated that as the Special Representative he does not want to talk with the government through newspapers. He had asked in advance to meet many ministers during his visit. Those ministers did not respond to the request, or refused to meet him. Having had no such meetings, he stated publicly his big concerns which he is obliged to take up as his task. These concerns will be raised in his next report to be further discussed in detail. He hopes that the government will respond to the content of his evaluation. He is prepared to discuss the report in detail, and to listen to the views of the government all the time.

“Mr. Yash Ghai stated also that he did not call for the international community to cut aid to Cambodia. In contrast, he encouraged all states as UN members, which are obliged to adhere to the UN constitution, to continue with their efforts to provide more aid as well as to play more important roles to acknowledge the reality of human rights in Cambodia – i. e. to acknowledge the mandate of the Special Representative to participate in making a contribution.

“Samdech Hun Sen had said last week that we have difficulties, because no one is blinder than the one who is not blind but does not intend to see anything, and no one is deafer than the one who has ears but does not intend to listen.

“Samdech asked why, at this time, the one who said something wrong does not correct his speech? Such a correction does not require anything besides saying “Very sorry for a misunderstanding against the government.” If one just says Sorry, we will accept it. If acknowledging that something stated was wrong, is this bad? May be it is not intentionally done in a bad way – but they know only one thing: that all we do is wrong.

“Samdech Hun Sen ended with another phrase that he has the right to receive [or not to receive] Mr. Yash Ghai, and also the government members have the same right [to receive or not to receive him]. If the UN Secretary-General Ban Ki-Moon still uses Mr. Yash Ghai, Samdech will not receive and work with him forever.” Kampuchea Thmey, Vol.7, #1521, 18.12.2007

Newspapers Appearing on the Newsstand:
Tuesday, 18 December 2007


Kampuchea Thmey, Vol.7, #1521, 18.12.2007

  • Mr. Yash Ghai Responds to Samdech Dekchor Hun Sen
  • Kampuchea Khmer Krom Monks Try to Petition Vietnamese Embassy, Demanding Release of Mr. Tim Sakhan [who has been defrocked on accusation of having perpetrated an offense against the Buddhist law, because he is accused to have destroyed the harmony between Vietnam and Cambodia, now jailed in Vietnam]
  • Samdech Dekchor Hun Sen Receives Minister of Foreign Affairs [Nitya Pibulsonggram] of the Kingdom of Thailand
  • Great Elder Hun Neang [Prime Minister Hun Sen’s father] Visits Site of a Buddhist Center and Gives Gifts to Citizens [Russey Keo, Phnom Penh]


Khmer Machas Srok, Vol.1, #74, 18.12.2007

  • All Sam Rainsy Party Parliamentarians Vow to Protect the Houses of Citizens at the Dey Krahom Community [from being removed by the 7NG Company – Phnom Penh]


Koh Santepheap, Vol.40, #6221, 18.12.2007

  • Cambodia and Thailand Agree on Joint Visas; Tourists Can Use ACMECS Visas to Cross Border of the Two Countries
  • Samdech Dekchor Hun Sen Welcomes Agreement on Joint Visas
  • Rate of Births and Rate of Deaths in Phnom Penh Decline in 2007 While Marriages Increase


Meakea Thmey, Vol.7, #86, 17.12.2007

  • Samdech Preah Mohavirak Khsatr [the Great Heroic King] Norodom Sihanouk and Samdech Akak Moha Senapadei Dekchor Hun Sen Have the Same Political Lines


Moneaksekar Khmer, Vol.14, #3340, 18.12.2007

  • Mr. Sam Rainsy Led Parliamentarians to Hold Hands with Citizens at the Dey Krahom Community against Eviction [by 7NG Company – on 17 December – Phnom Penh]
  • Hundreds of Hun Sen Government Police Beat Khmer Krom Monks to Please Yuon [Vietnam – the monks petitioned the Vietnamese Embassy, demanding the release of Tim Sakhan]
  • Opposition Leader Notices that Corruption Is Still Obstacle to Investment


Rasmei Kampuchea, Vol.15, #4465, 18.12.2007

  • Foreign Businesspeople Rush to Buy Paddy Rice throughout Cambodia
  • Minister of Meteorology and Water Resources [Lim Kean Hor] Holds Press Conference on Suspension and Granting Permissions [for the companies that respect the contract conditions] for Sand Dredging
  • Cambodia Opens International Border in Northeast with Vietnam
  • Kep City Plans to Arrange Boat Races on the Sea to Attract Tourists
  • Man Attacks His Wife Twice with an Ax, Then Hangs Himself [in domestic violence – Prey Kabbas, Takeo]


Sangkum Kampuchea, Vol.2, #35, 17.12.2007

  • Samdech Hun Sen Blames Rich Countries for Causing Climate Change


Sar Noeung Khmao, Vol.8, #231, 17-18.12.2007

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