A thin line between Cambodia and Vietnam

Opposition leader, Mr. Sam Rainsy (on phone), is jailed for 2 years for uprooting border posts on 25th October 2009.

By Jared Ferrie
Asia Times Online

PHNOM PENH - The leader of Cambodia's main opposition party, Sam Rainsy, skipped his court date on Wednesday, eluding an arrest warrant issued for allegedly uprooting border markers on the frontier with Vietnam. Rainsy instead remained in France, where he had fled in advance of the hearing because he felt the case was politically motivated.

The Svay Rieng province court convicted villagers Meas Srey and Prum Chea to one year in prison and ordered them each to pay 5 million riel (US$1,200) in compensation to district authorities for moving the border posts. Rainsy was convicted in absentia to two years in prison, handed an 8 million riel fine and ordered to pay 5 million riels compensation to district authorities. All three must pay an additional 50 million riel in compensation for destroying the border posts, according to the ruling.

The case highlights the ongoing controversy of Vietnamese influence over Prime Minister Hun Sen's government, some 30 years after the government in Hanoi ordered troops to invade Cambodia. The two countries are now in the process of demarcating their 1,270-kilometer long border. They are also negotiating investment agreements that could see Vietnam pouring billions of dollars into Cambodia.

On December 26, during a conference in Ho Chi Minh City, officials signed a memorandum of understanding intended to pave the way for more Vietnamese investments in Cambodia. No deals were finalized, but the economic agreements covered projects including electricity generation, fertilizer production and rubber plantations, as well as a proposal to explore for bauxite mining in Mondulkiri province. A Vietnam official in Phnom Penh told the Phnom Penh Post that revenues from bauxite mining alone could amount to US$6 billion.

Against the backdrop of a possible $12 billion worth of new Vietnamese investments, Rainsy implied that Cambodian officials were reluctant to criticize their larger neighbor about alleged Vietnamese encroachment on Cambodian lands.

"I am defending Cambodia's independence and territorial integrity regardless of these ongoing investment projects and financial deals," he said in an e-mail from Paris. "Maybe those in the Phnom Penh government take those material interests into consideration in their handling of border issues with Vietnam, but I don't."

A spokesman for the Cambodian government, Phay Siphan, said in an interview that increasing economic ties with Vietnam had no bearing at all on the border demarcation process. He said a commission is carefully analyzing data from maps drawn up during the colonial period of French rule in order to determine exactly where the border lies.

"The job of the border commission between Cambodia and Vietnam is not to lose or gain territory from either side," said Phay. "Sam Rainsy is misrepresenting the work of the border commission."

Rainsy, who is a fierce critic of Vietnamese influence in Cambodian affairs, was charged with incitement of racial discrimination and destruction of property for his role in an October 25 incident in Svay Rieng province. Rainsy allegedly joined five villagers in uprooting the wooden poles after hearing complaints that they had been placed in a nearby rice field. Two of those villagers were arrested and sentenced on Wednesday.

To back up his case, Rainsy's eponymous political party (SRP) on Monday released what it said was evidence that the uprooted border demarcation posts were placed 300 to 500 meters inside Cambodian territory. The SRP referred to maps drawn up by the French in 1952, which defined the border and which were given to the United Nations by the Cambodian government in 1964. Those were corroborated by maps produced by the United States military in 1966, according to the SRP.

Rainsy said he enlisted the help of cartographers, historians, geographers and computer experts who examined the maps and used satellite pictures and GPS coordinates to determine that the uprooted border markers were indeed placed within Cambodian territory. Rainsy refused to name the experts, but he noted that he also received "technical assistance" from a French map engineer at the National Center for Scientific Research in Paris.

Cambodian officials threatened to lay further charges after the release of the information by the SRP. "The government will consider taking legal action to prohibit any illegal publication that affects the security of the social order," Tith Sothea, a government advisor who works at the press office of the Council of Ministers, told the Phnom Penh Post on Monday.

In his e-mail, Rainsy said that threat sounded "rather Stalinist". He added: "They are embarrassed and afraid because I am exposing scientific, objective and factual evidence of what I am claiming."

Phay, the government spokesman, confirmed that the government is investigating the information made public by Rainsy and the SRP, and that the investigation could lead to further charges if the claims are shown to be false. "We don't want to see any misleading information that will affect law and order and national security," he said.

Phay also accused the SRP of releasing the information in order to distract attention from Rainsy's case. "He has the right to freedom of expression, but it can't cover up what has been done." He said that rather than releasing the information to the media, the SRP should have brought it forward for debate in parliament, or even in a separate court case.

But Rainsy alleged that the courts are "political tools" used by the ruling Cambodian People's Party to "crack down on opposition". Many rights groups and analysts share that view. Last year, a spate of lawsuits against opposition parliamentarians, journalists and activists prompted a litany of criticism from international rights groups including Human Rights Watch and Amnesty International, as well as the United States Embassy in Cambodia.
"This is a public secret. Everyone knows that the court is under control of the government," said Ou Virak, president of the Cambodian Center for Human Rights. "There is an attempt by the ruling party to consolidate its power." He said the case against Rainsy was an example of that trend. "This issue of the border could have been downplayed. They take any chance to silence the opposition."

But Rainsy has so far refused to be silenced, taking up his cause with governments in Europe while participating in radio call-in shows in Cambodia. His party has also vowed to begin investigating other sections of border between the two countries.

Jared Ferrie is a Phnom Penh-based journalist.