global witness

The Mirror, Vol. 14, No. 672

On Saturday, 10 July 2010, it was reported that the King had called on all development partners of Cambodia to provide financial and technical support for forestry reform in Cambodia.

At this occasion, we reprint part of the history before this call by the King, starting with an old statement by Global Witness from December 2004, continuing with texts which had all been in Cambodian newspapers in 2010 and had been translated and published in The Mirror – a historical review for further consideration.

With the advent of Cambodia’s Consultative Group (CG) donor meeting on 6 and 7 December 2004, combating corruption is once more at the top of the political agenda. In line with this renewed emphasis, Global Witness is calling on the Director of the Forest Administration to be made accountable for the rampant corruption within his own department.

“Ty Sokhun should do the honorable thing and resign. If not, the Prime Minister should sack him.” said Jon Buckrell of Global Witness.

Ty Sokhun was made Director of the Department of Forestry and Wildlife1 in 1998. Since then, corruption within the department has if anything got worse. The May 2000 Asia Development Bank [ADB] Forest Concession Review characterized the crisis situation in Cambodia’s forest as “…total system failure; resulting from greed, corruption, incompetence and illegal acts…” Since that time not one forest department official has been charged with corruption, let alone convicted…

“How can the new Forest Administration hope to address corruption if the people at the top remain the same?” said Buckrell. Ty Sokhun is hopelessly compromised by his familial links to the timber trade. His father-in-law, Khun Thong, is one of Cambodia’s most prolific illegal loggers. “Ty Sokhun’s failure to make public his familial links to the timber trade is a massive conflict of interest and is in itself reason enough to dismiss him.” …

Global Witness agrees with Prime Minister Hun Sen’s sentiments, of more than two years ago, that “while good policies do matter, their rigorous and consistent implementation remains vital.” … Global Witness Press Release

And from the Khmer press in 2010:

“Phnom Penh: The top Five-Star General, Samdech Akkak Moha Senapadei Dekchor Hun Sen, announced that from now on, military officials who are involved in illegal activities are not fit to work in the Royal Cambodian Armed Forces, because they destroy the reputation of the armed forces, the reputation of the soldiers. …

“… ‘All military commanders, please remember that you have no authority to order soldiers to guard your mangroves. I tell you this for the future, because previously this happened… The role of the military is to fulfill obligations for the nation, not to guard your mangroves, please check this again! Please do not use soldiers and the military’s machinery to serve individual interests. If it still continues, do not say that I have not told you. How many stars showing your military rank you wear, though I wear only five stars, I will dismiss you even if you are wearing the big moon as the sign of your rank, I will dismiss you!’” – Koh Santepheap, Vol.43, #6870, 29.1.2010

“After the Cambodian Prime Minister, Mr. Hun Sen, ordered to crack down on forestry crimes, the logging seems to continue even stronger, and some perpetrators drove luxury cars loaded with luxury wood in a procession of cars of high ranking officials to deceive the authorities.

“The authorities, including forestry administration officials, police, military police, and committees from the agencies from military and other units charged with suppressing forestry crimes and forestry criminals, intercepted cars and trucks loaded with wood and checked wood storehouses of some powerful people. But by now, the authorities have not arrested any traders to show their accomplishment to the Khmer public on television. …” – Khmer Machas Srok, Vol.4, #634, 24.3.2010

“Phnom Penh: During a cabinet meeting, Prime Minister Samdech Hun Sen affirmed the position of the government regarding the campaign to strongly intercept forestry crimes, and not to give up. Although there may be barriers against it made of rock or of iron, any obstacles must be broken down.

“During the cabinet meeting yesterday, which took from morning to noon, Samdech Dekchor Hun Sen spoke to all members of the Royal Government, saying that all related institutions, whether on the national or on regional levels, have to cooperate to intercept forestry crimes, and to reach the ringleaders. All authorities have to investigate this at every place to find the offenses and to arrest the offenders, the principal leaders, and other relevant persons, to be prosecuted without any exception regardless of how powerful those persons are, and whatever their relationships, because the suppression of forestry crimes is the suppression of criminal groups – their activities have to be considered as activities of national betrayal. …” – Kampuchea Thmey, Vol.9, #2212, 27.3.2010

“Prime Minister Hun Sen announced yesterday morning, in a conference at the Chamkar Doung Royal University of Agriculture, to remove the director of the forestry administration of the Ministry of Agriculture, Forestry, and Fisheries. Such a removal of the holder of the same position, of a former head of the forestry administration – Mr. Ly Kim Han – happened also some years ago, making him feel heart-broken, and he died. But in Ty Sokun’s case, according to opinions expressed among the general public, he should face the law and receive punishment. To remove Ty Sokun, but to appoint him at the same time as Under-Secretary of State at the Ministry of Agriculture, shows the great tolerance of the Prime Minister.

“Prime Minister Hun Sen publicly announced the decision to take out Mr. Ty Sokun from the position of Director General of the Forestry Administration of the Ministry of Agriculture, Forestry, and Fisheries, because he was involved in illegal wood trading. But Mr. Hun Sen did not specify any measures to be taken against Mr. Ty Sokun, and he reassigned him to the position of Under-Secretary of State of Agriculture. Prime Minister Hun Sen said on 6 April 2010 at the Chamkar Doung Royal University of Agriculture, that the head of the forestry administration, Mr. Ty Sokun, was involved in corruption related to forestry crimes, and that the authorities had recently started investigations to intercept them. …

“… Prime Minister Hun Sen stressed that at this time, there will be no tolerance for any official who got involved in forestry crimes. ‘We take hot measures to hit the heads of the main leaders. Therefore, the Prime Minister has to decide to do things, even if they hurt, in order to create models of law enforcement in the campaign to intercept forestry crimes.’ …” – Moneaksekar Khmer, Vol.17, #3852, 7.4.2010

“… Recently, Cambodia has started to crack down on luxury grade wood trading, and after activities for one month, the authorities confiscated 6,000 cubic meter of such wood that was to be transported to China and Yuon. Some was to be exported to the international market via Singapore. …

“The illegal wood trading in Cambodia reduced the rich forestry resource during the 1960s of about 75% of the whole country to drop to only more than 30% at present, according to some environmental organizations. Forestry expert officials and some sectors of the authorities have been blamed for their collusion, committing illegal wood trading, but most of the actors are not brought to the courts.

“According to reports from forestry administration officials, 207 forestry crimes have been reported to the courts, but some traders with a title as an Oknha, or with close relations to high government officials, have not been charged, though they colluded to commit forestry crimes in Cambodia. Some forestry administration officials enjoy their lives with the wealth they gained from the illegal cutting down of trees. …” – Moneaksekar Khmer, Vol.17, #3872, 6.5.2010

A total of 17 people are being held in pretrial detention in Koh Kong provincial prison on forestry-related charges dating back to 2008, according to a document provided this week by a prison worker who expressed frustration with the release last month of four forestry officials charged with involvement in an illegal logging ring.

The document shows that an additional seven people in the province have been convicted of forestry crimes and are serving sentences at the prison.

The official, who asked not to be named, said that all the people on the list were “poor” Koh Kong residents who had been arrested for such crimes as “collecting wood” and “clearing farmland.”

“It doesn’t seem very fair,” the official said. “Poor people who depend on clearing forest for their livelihood are convicted for up to five years for forestry crimes, while forestry officials involved with illegal logging rings are released.”

Although their case remains under investigation, the four Koh Kong Forestry Administration Cantonment officials were released on June 24 after being arrested in a raid amid a crackdown on illegal logging called for by Prime Minister Hun Sen.

Chhin Long, the chief clerk for the prosecution at the provincial court, said Tuesday that he had seen a document signed by Agriculture Minister Chan Sarun and the prime minister requesting the officials’ release.

Chheng Kim Sun, director of the Forestry Administration, noted on Thursday that the officials were still being investigated and could be summoned back to court at any time. He defended the release of the prisoners, describing it as part of standard legal procedure.

“The court is independent, and the court’s decision-making process in this case would be the same for rich and poor people, powerful and powerless people. It is not biased to one side,” Chheng Kim Sun said.

But Un Than Aan, provincial coordinator for the rights group ADHOC, said that although the releases might have been legal, the poor are bearing the brunt of the government’s logging crackdown.

“The release of the four officials can be done according to court procedure, because they are able to provide the court with a permanent job and address,” Un Than Aan said. “Poor people aren’t released because they have no permanent job or address, and they are often found guilty of forestry crimes because there’s enough evidence against them.”

ADHOC President Thun Saray said the pattern was consistent with past crackdowns.

“The small fish is punished, but the medium and big fish never get punished,” he said. “That’s been my observation for the last 15 years.” – Phnom Penh Post, 9 July 2010

“Financial and technical support” – plus, as Global Witness had quoted a 2002 statement of the Prime Minister in 2004 – “While good policies do matter, their rigorous and consistent implementation remains vital.”

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