Monday, April 25, 2016

# 191 “The ultimate transformation - me.” Scott Neeson, April 2016

“The ultimate transformation - me.” Scott Neeson April 2016

Scott Neeson’s latest 'sponsored' Facebook advertisement has only one subject- Scott Neeson!

There is no mention of the 700+ children in CCF residential care.

Did sponsors and donors pay for Scott’s self-aggrandizing advertisement for himself?


 Do Heather Graham and others on the CCF board believe that Scott Neeson's self-promotion on Facebook is a worthwhile way of spending money earmarked to assist desperately poor Cambodians?

Is the CCF board at all concerned that the legal and human rights of 700+ children and young adults have been breached by the contracts their parents have been forced to sign?

Does the CCF board approve of the debt bondage that results from the signing of such contracts?

Will the Cambodian print media and human rights organisations such as LICADHO and ADHOC ever get around to asking Scott Neeson a few pertinent questions about these contracts?



Vong Soth, Minister for Social Affairs endorsing CCF's World Housing initiative!

Vong Soth
Minister for Social Affairs
Ministry of Social Affairs Veteran and Youth Rehabilitation
No 788B
Monivong Boulevard
Phnom Penh
Cambodia

25th April 2016

Dear Mr Vong Soth

Earlier this year you vowed to cut the number of children in orphanages by 30 per cent within two years through a joint campaign with NGOs. You said:

“The centres should receive only real orphans who have no other option, not children who are living with families and parents.”

Scott Neeson admits that all but 35 of the 700+ children in residential care at the Cambodian Children’s Fund have families.

Do you believe, Minister, that round 650 CCF children with parents (not orphans) should grow up in institutions?

I would like to draw your attention, and that of your partners, USAID, UNICEF and Friends International, to the fact that impoverished parents are often tricked by NGOs into giving up custody of their children. The parents are then told they cannot have their children returned to their care until they pay the NGO money.

For example, consider the following extracts from a contract that the Cambodian Children’s Fund forces parents to sign:
  
3(I)         The Parents/guardians agree to reimburse and compensate any cost of expense including blood test and vaccination for child, and financial and materials support to their family, although it was a gift or loan, and other expenses while their children were residing in CCF if they demand to bring their children back or the decision made by the child him/herself and that such those decisions may affect the child’s future and advantages without obvious justification from the parents/guardians.

And:

Any dispute that may arise out of this Agreement shall be settled by the Parties amicably. Any dispute which cannot be amicably settled by the Parties shall be settled by binding arbitration in a location to be decided by the mutual agreement of the Parties. The dispute shall be settled by one arbitrator or more mutually agreeable by the Parties. The arbitrator’s decision shall be final and binding on the Parties. The Parties agree that they will not refer their dispute to any court in the Kingdom of Cambodia.

And:

Article 6           Severability

If any of the provisions of this Security Agreement shall be held invalid or unenforceable, this Security Agreement shall be construed as if not containing those provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.

The Cambodian Children’s Fund is using legal trickery to make it impossible for parents to have their children returned to their care other than at the whim of Scott Neeson or his staff.

With the provisions outlined in this contract CCF seeks to convince parents that if they withdraw their children from the NGO’s care they must pay CCF many thousands of dollars! This is despite the fact that every child at CCF has at least one sponsor – paying CCF $150 a month to care for that child.

That CCF should ask the poorest of the poor parents to re-pay money provided by sponsors is morally reprehensible.

Further, CCF seeks to convince these parents – many of whom can neither read nor write – that they have, in signing the contract, relinquished their right, if they are unhappy about the arrangement they have entered into with CCF, to seek redress in a Cambodian court of law.

Is it possible for any person, any organization, to induce someone to sign away their legal and constitutional rights in this way?

In addition to intimidating parents into believing they have signed away their right to have their dispute with CCF settled in a court of law, the parents are not allowed to retain copies of the contracts they have signed. Consequently, they are not able to seek independent advice regarding the wisdom of signing such the contract.

If the contract the Cambodian Children’s Fund forces parents to sign is illegal (and the legal advice I have is that it is), the NGO is in breach of Cambodia’s:

Law on Suppression of Human Trafficking and Sexual Exploitation

Article 8:Definition of Unlawful Removal

The act of unlawful removal removal in this act shall mean to:

Remove a person from his/her current place of residence to a place under the actor’s or a third persons control by means of force, threat, deception, abuse of power, or enticement, or

Without legal authority or any other legal justification to do so to take a minor person under general custody or curatoship or legal custody away from the legal custody of the parents, care taker or guardian.

Article 9: Unlawful removal, inter alia, of Minor

A person who unlawfully removes a minor or a person under general custody or curatorship or legal custody shall be punished with imprisonment for 2 to 5 years.

I would strongly recommend that the Ministry of Social Affairs Veteran and Youth Rehabilitation insists that the Cambodian Children’s Fund and all other NGOs  entering into contracts with impoverished families provide your Ministry with copies of these contracts. And I believe, in the interests of transparency and accountability, that all parents should be provided with copies of such contracts and be encouraged to seek independent advice regarding their legal status; regarding whether or not the contracts are in breach of their legal, human and constitutional rights.

It would take only a few days for all registered NGOs to provide your Ministry with copies of such contracts. And it would take only a few days to determined whether or not these contracts are legal under Cambodian law. I believe that NGOs that have coerced parents into signing illegal contracts should be charged accordingly and their offences referred to courts to be dealt with by the Cambodian legal system.

I suspect that at least 30% of the ‘contracts’ NGOs have entered into with the parents of children in their care have no legal standing. If so, a reduction of 30% in the population of children with families living in orphanages could be achieved in a matter of weeks. Fines levied against NGOs guilty of forcing parents to sign illegal contracts could be used to pay for the appropriate integration of these non-orphan children back into their families and communities.

yours sincerely

James Ricketson

31 comments:

  1. I applaud your good work James. I would hope that at least some Cambodian ministry would investigate these Neeson scams and make him pay for the harm that he does to this next generation of Cambodians.

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    1. Relentless Rickets the Mad Man of Phnom Penh. You are a fucking moron Anon 12.37 to believe a word Rickets writes. Hes a sad old has been whose jealous of Scott Neesons success helping Cambodia

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    2. So Anonymous 2:54, you think 'helping Cambodia'. Means destroying families? Stealing homes from the impoverished? Locking a family out for owing $12.50? Having contracts signed that most people don't understand? Yes, you are a fucking moron!

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  2. (2)
     
    “On behalf of the organization promoting rights to protect woman, we met her only to ask what we could do to help because she was in a state of fear. We thought she was innocent in the alleged love affair,” Ms. Sopheap said.
     
    In response to the allegations by Ms. Chandaraty, Adhoc published a 15-minute video of an interview with her in early March, when she first came to ask for legal help from the organization. In it, the embattled former hairdresser describes her concern and shock regarding the alleged sex scandal.
     
    She is seen strongly denying any involvement with or knowledge of leaked audio recordings that last week she claimed featured both her and Mr. Sokha’s voices.
     
    Senior Cambodian National Rescue Party official Eng Chhai Eang said of Mr. Chet’s arrest in a Facebook post: “The arrest, based on a person’s claim, is no different from the Khmer Rouge regime.”
     
    Mr. Chhai Eang could not be reached for comment yesterday.
     
    Yesterday, a youth group led by outspoken CNRP critic Srey Chamroeun gathered to demand National Assembly president Heng Samrin, discipline Mr. Sokha, claiming the alleged sex scandal had strongly affected the integrity of the assembly.
     
    Thy Sovantha, a former prominent CNRP activist who is in the process of suing Mr. Sokha for defamation because her name was mentioned in the tapes that allegedly featured his voice, said the up to $1 million she is requesting from the CNRP’s acting president will be used to “help orphans.”
     
    Political analyst Sou Chantah believes the scandal was devised by the ruling Cambodian People’s Party in order to tarnish Mr. Sokha’s name.
     
    “I think the court should investigate the source of the leaked audio conversation first to find out the truth behind this. For the CNRP, I think they should remain silent and focus on strengthening the party so they can prove to their supporters their desire to make change for the society,” he said.

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  3. As far as Licadho and Adhoc are concerned children do not have human rights, right? Any NGO that wants to can get their parents to thumb print a 'contract' and then call the kids their own and tell the parents that they have no right to appeal.

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  4. For the record:

    Chapter 111

    THE RIGHTS AND OBLIGATIONS OF KHMER CITIZENS

    Article 31

    The Kingdom of Cambodia recognizes and respects human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights and the covenants and conventions related to human rights, women's rights and children's rights.

    Article 37

    Everybody shall have the rights to defend him/herself through the judicial system.

    Article 39

    Khmer citizens have the rights to denounce, make complaints, or claim compensation for damages caused by any breach of the law by institutions of the state, social organisations, or by members of such organisations. The settlement of complaints and claims for compensation for damages is the responsibility of the courts.

    When Scott Neeson and Alan Lemon wrote into their contract with parents that they were giving up their right to "...make complaints or claim for compensation for damages caused by any breach of the law..." They knew that this abrogated the Constitutional rights of both the parents and their children.

    The Constitution is quite clear. It is up to the courts to settle complaints; not "one arbitrator or more mutually agreeable by the Parties."

    Even if engaging a 'mutually agreeable' arbitrator were legal, how would an impoverished scavenger working in the Phnom Penh rubbish dump know where to look for an 'arbitrator'? Given that they are not allowed to retain a copy of the contract they have entered into with CCF would then even be aware that this provision was in the contract?

    Why human rights organisations such as LICADHO and ADHOC turn a blind eye to CCF's flagrant breaches of the human rights of poor Cambodian families raises a whole host of uncomfortable questions about what these organisations do apart from monitor human rights abuses and write reports!

    At the very least they could monitor NGO human rights abuses and write reports - even if that is all they do!

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  5. So how do we get the laws enforced and the perpetrators of these crimes, imprisoned?

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  6. Maybe Ricketson could go to his "guardian angel" that is doing such a fantastic job on the Fletcher case to get these laws enforced. The big problem in Cambodia is that just about everybody working for the government accepts Ricketson has no proof of his accusations (Fletcher case included) Sorry but the government do not enforce Rumor, Innuendo and gossip

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  7. Dear Team Neeson Troll (aka Anonymous 12.02)

    The quality of Troll comments has dropped off since Ryan Witcombe left CCF and the drunk who can't spell seems to have fallen off his bar stool and is no longer with us!

    You've conducted a poll, I take it, and asked "just about everybody working for the government" about this blog!

    Really TNT (Team Neeson Troll) you can do better than this in the 'shoot the messenger' department.

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  8. Go to bed James, you are obviously drunk (again)

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  9. Scott, you can afford to employ cleverer trolls than this!

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  10. Today's Cambodia Daily front page headline:

    CORRUPTION CZAR'S SONS APPOINTED AS ASSISTANTS

    Great. Corruption exposed.

    The Phnom Penh Post's front page headline today:

    NO WATCHING WATCHDOG "ACU boss says even asking about RACF envelopes could be criminal"

    Great. Corruption exposed.

    When will either newspaper carry a front page headline exposing corruption within the NGO community?

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    1. @ Anon 6.54

      When pigs can fly!

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  11. I only had to read a few paragraphs of the original Cambodia Daily article to suspect that it was sensational nonsense. Before I had even finished reading it, sensing that my initial response was correct, I ‘googled’ Eric Erdmann from Oregon and found that there are ten men by that name in the state of Oregon.

    By the time I had finished reading the article it was obvious that it was a sensationalist beat up piece of nonsense. I wondered not only how it got past the editor (Colin Meyne) but how it wound up on the front page!?

    Did the information contained in the article come from a press release by Action Pout les Enfants (APLE).

    Samleang Seila goes to almost the same lengths as Scott Neeson to get his face and name in the newspapers. Given Cambodian newspapers’ tendency to publish anything Neeson or Seila puts out in a press release, as if it is news, I wonder if this cock-up was caused by the Daily doing just that – a cut and paste of an APLE press release?

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    1. The article reads like a litigation-wary journalist's way of apologising without apologising.

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    2. At least the Cambodia Daily clarified its earlier story to a certain extent - thus leaving Eric Erdmann in the clear. The Phnom Penh Post did not extend the same courtesy to Liam Miller after it had published one of APLE's defamatory press releases (a cut and paste job) - an innaccurate and untrue story that continued to make Mr Miller unemployable today.

      My objection to the original Cambodia Daily was not just that it was shoddy journalism (though it was) and not just that it seemed to be based on an APLE press release. No, it was that the front page of the Daily had been given over to a sensational story based on no real evidence of Eric Erdmann's guilt of anything, whereas Scott Neeson's WOrld Housing scam (for which there is an abundance of evidence) and the illegal contracts he has forced the parents of 700+ kids to sign, is not deemed to be worthy of even one paragraph buried in the back of the newspaper!

      Why is this?

      In the case of the Khmer Times such silence is understandable. It is a rubbish newspaper.

      In the case of the Phnom Penh Post it is understandable - given that Scott Neeson is part-owner of the newspaper.

      But why does the Cambodia Daily give Scott Neeson a free pass? He does not own any part of the newspaper, so what hold does he have over the publisher and/or editor that results in the Daily's refusal to publish anything about Neeson other than re-vamped press releases from CCF?

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    3. Seila Samleang is an idiot. Thats about the nicest thing I could say about a man whose income is generated by catching pedopfiles and who doesnt care if they are innocent or guilty. Its scalps he wants. Its scalps that keep investors happy. He probably did a quick google search and thought: Here's my next David Fletcher. If he'd spent more than a minute doing his research hed have found out theres a shit load of men by the same name in Oregon. Mr Erdmann doesnt realize what a lucky escape hes had. If someoen arranged for some kid to come forward and say: He touched me, hed probaboy in Prey Sar now with Mr Fletcher

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    4. Yes, it is all about the scalp[s for APLE. Its best if the men are guilty but if they are not, tough shit for them. We gotta keep those donations rolling in

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  12. Yes James
    There are several holes in the stories regarding Mr Erdmann .

    There are 10 men by the name of Erdmann in Oregon , did anyone check to see if they had the right one ?

    Did either of the papers bother to contact him for a comment ?
    If they had he could have shown them ,his own booking to return to the U S this would disprove the comment that he was being deported and the U S Embassy was going to fly him home .

    Yes he does have to leave because of a visa overstay.

    Did anyone check with the Hospital regarding the police guards ?

    Like most people I abhor pedophiles and believe they should bear the full brunt of the law , if they are found guilty in a court of law .

    Interesting the Phnom Penh Post has not given Mr Erdmann the opportunity to give his side of the story as did The Cambodian Daily.
    After The Post printed their story based it seems on second hand information and on so called unchecked facts .

    This does not surprise me at all , Chad Williams , Chris Dawe are a disgrace to the profession of Journalism , they printed as story about me that was completely false , and a has had a profoundly negative affect , on my life the story falsely said that I was charged with the rape and assault of three girls .

    I was charged with sexual harassment , the charges were dropped when for the first time the Investigating Judge had the opportunity to interview the girls involved , and evidence of APLE'S criminal involvement was exposed that included , lies , coercion, promise of monetary gain , getting illiterate girls to thumbprint documents that by their own admission they did not know what were in them came out, it never went to court.

    More details can be found on this blog , 88, 89 "108" 152 and some others too .

    Some trolls here tried to defend APLE by claiming that the Child protection Officer ( none of the girls were minors ) Son Burnthong gave the information to the PPP , why would he , as that was never the original charge and I was never charged with rape at any time , he did not say that to them .
    When I challenged them to contact The Investigating Judge and Son Burthong and ask them what is the truth no reply.

    What they did print came word for word what was on APLE'S website.
    They just printed what APLE gave them without checking .

    Chad Williams on this blog has also said I was charged and convicted , when I strongly disputed this and challenged him to give details , SILENCE

    What a despicable excuse for a human being !

    The Phom Penh Post obviously has many masters apart from Neeson
    iit seems APLE too.

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    1. Liam, it is an unfortunate fact that the Phnom Penh Post, with Chris Dawe as publisher and Chad Williams as editor, has,like the Khmer Times, become a rubbish newspaper. This is a pity because there are some very good journalists working for the PPP! They are, unfortunately, constrained in what they can write by Chad Williams, Chris Dawe and part-owner Scott Neeson.

      Yes, it seems that APLE also has some hold over the PPP's editorial policy. I wonder how this can be! Money, I suspect. The PPP is struggling financially and perhaps APLE helps out financially in return for what can best be described as 'free' public relations stories that make APLE look good.

      Ah, Scambodia! There are scams within scams and everyone, and every organization, it seems, has its price. "You scratch my back and I'll scratch yours." Those with the most money win - hands down. And the poor and powerless in Cambodia get screwed! This applies to both the corrupt government and the NGOs here, ostensibly, to 'help'.

      A sad state of affairs.

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  13. Yes APLE is corrupt they have no qualms about destroying an innocent man's life , to them it's about getting another conviction on their website , gulty or innocent it does not matter it's about more numbers more donations

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  14. Mr Ang Vong Vathana
    Minister of Justice
    Samdech Sothearos Road
    Sangkat Chaktomouk
    Daun Penh

    29th April 2016

    Dear Mr Ang Vong Vathana

    re Torture at PJ Prison

    This morning, on a visit to a prisoner in PJ, I witnessed a prisoner being tortured.

    The man, from Taiwan, was being forced to sit in the hot sun, with no hat and with his hands in cuffs behind his back, in the middle of the cement courtyard. He was in plain viewer to all prisoners not in their cells, to a dozen or so guards and to visitors such as myself.

    Since the new Governor took over at PJ I have receive many such reports of torture from prisoners. There is an area, in ‘Reception’, underneath a suitcase, that has been enclosed in tin and into which prisoners are placed – at times for up to a week – with no toilet facilities and without drinking water. They are let out, I am told, once a day to use the toilet. There is also no light in this hot tin box.

    According to the reports I have heard this past few days some female prisoners have collapsed as a result of severe dehydration and had to be carried from this ‘sweat box’.

    This constitutes ‘torture’, which is specifically banned by the Cambodian Constitution:

    "Article 37

    ….The law prohibits all physical abuse of any individual….

    The coercion, physical ill-treatment or any other mistreatment which imposes additional punishment on a detainee or prisoner is prohibited. Persons who commit, participate in or conspire in such acts shall be punished according to the law."

    Minister, I believe that an immediate investigation needs to take place into these illegal acts of torture at PJ prison and that the Governor should be sacked from his job for ordering such punishments to occur.

    No doubt the Governor will insist that no torture takes place in his prison. However, well over 100 people witnessed what I saw less than an hour ago – a Taiwanese man, in the hot sun, without a hat and with his hands cuffed behind his back, sitting on concrete in the PJ ‘Recreation’ area..

    Yours sincerely

    James Ricketson

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  15. Dear Cambodian Defenders Project

    I am seeking some advice on a subject that does not fall, specifically, within the range of programs CDP engaged in.

    My query has to do with the legal and constitutional rights of Khmer men and women who enter into legal contracts with NGOs that place their children in institutional care.

    As you will no doubt be aware many of these contracts are not ‘legal’ in accordance with Cambodian law or the Cambodian constitution. You may also be aware that many NGOs do not allow impoverished Khmer men and women (many of whom can neither read nor write) retain copies of the contracts they sign. This leaves them in a very vulnerable position if it transpires that they are unhappy with the services being provided by the NGO. In many instances the ‘service’ being provided is institutional care for the children of the poorest of the poor parents – in what amount to ‘orphanages’.

    Having been led to believe that, as parents, they retained certain visitation and other rights, they are then told when these rights are abrogated, that they have signed them away with the agreement they entered into with the NGO. These parents then feel that they have no right of redress and are not even in a position to show the contract they signed to a third party to obtain advice on how best to proceed in having their children returned to their care. Indeed, in some such contracts, parents have signed away their right to appeal to Cambodian courts to have a dispute settled in accordance with Cambodian law.

    Neither LICADHO nor ADHOC, two of Cambodia’s leading human rights organizations, has expressed an interest in advocating the rights of these parents, in accordance with Cambodian law and the Cambodian constitution.

    I wonder if the Cambodian Defenders Project might be able to advise parents who feel that their rights have been abrogated on how best to proceed to have their children returned to their care?

    You will, of course, be aware that these parents are very often unable to feed their children properly and have no financial resources with which to commence legal proceedings – which they have been told they are contractually unable to do. And many of these parents do not know what their rights are, or even if they have them. Such is the power that certain NGOs have to take complete and total control of the lives not only of children in their care but of their entire families also.

    Any advice you can provide me with would be greatly appreciated.

    I have written to the Minister of Social Services about this matter. A copy of my letter can be found at:

    http://cambodia440.blogspot.com/2016/04/191-ultimate-transformation-me-scott.html

    best wishes

    James Ricketson

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  16. Once you scratch below the surface of Neeson's PR machine, an ugly picture reveals itself. Huge child rights violations, Cambodian law violations on so many levels, scams to donors to the housing project. Illegally taking children, locking out a family over owing $12.50! Indeed an ugly picture.

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    1. Not just a scam organisation. A criminal organisation.

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    2. Yes, a criminal organization! Don't forget a child protection unit , run by a drug dealer, who can't even protect impoverished children from Scott Neeson!

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  17. Any response from Cambodian Defenders Project James?

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    1. It is only a little more than a day since I wrote to the Cambodian Defender's Project. I would not expect a speedy response - especially not now that Cambodia's Civil Society is under the most blatant of attacks from the Hun Sen regime. Scott Neeson's legal and human rights abuses pale by comparison with those being perpetrated right now by the government!

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    2. Unless you happen to be one of the children that Scott Neeson has taken from your family, to be raised in institutional care!

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  18. The clear aim of the Cambodian authorities is to intimidate into silence all those whom it sees as a threat to its theft of the next election. Sam Rainsy has been effectively exiled and the government is now using the courts and the misnamed Anti Corruption Unit to destroy Kem Sohka, split the CNRP, cause political chaos of the kind that Hun Sen can then claim he needs to bring to an end with his strong arm.

    And what is the response of the international donor community to this outrageous abuse of power on the part of the Cambodian government?

    Silence, so far.

    Why do the United States, the European Union, Australia and all the other countries that pump millions of dollars of aid money into Cambodia every year, remain silent? Are they engaged in ‘quiet diplomacy’ behind the scenes? This has been the pathetic excuse for inaction this past 20 years.

    "Quiet diplomacy!" What has this achieved?

    Will the international donor community do anything other than expressing its ‘concern’ and ‘strongly condemn’ the government’s latest assault on Cambodian democracy (as it has done this past 20 years) or take some form of concrete and very public action!

    This is classic Hun Sen behaviour. He has been doing it for the past 20 years when he feels threatened or when there is an election pending that he knows he will lose. Hun Sen cannot win the next election freely and fairly (the Cambodian people are tired of him and his corrupt cronies) and so has to win it, in advance, by destroying the Opposition in whatever way he can. Will the international donor community merely wring its hands, mouth platitudes (“We re very concerned!”…”We urge all parties…etc.”)? And when Hun Sen steals the next election the international donor community continue to shovel money into the Cambodian government coffers, as it has done for the past 20 years?

    Is there no line in the sand beyond which Hun Sen cannot cross without the international donor community speaks with its actions and not mere diplomatic platitudes?

    If I have advance knowledge that a bank is to be robbed and say nothing I am an accessory to a crime. The international donor community knows precisely what Hun Sen is up to and its collective silence makes it an accessory to the crime of suppressing democracy in Cambodia.

    It has been this way for 20 years. The spinelessness of the international donor community is, yet again, on display.

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  19. You can fool some of the people all of the time
    Yo cam fool all of the people some of the time
    But you can't fool all of the people all of the time .
    Abraham Lincoln

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