Friday, January 9, 2009

Guita Damour, New Year Day Party

Happy New Year 2009
(Group photo after leaving the party)

New year, new day bring all of us the luck to study with Lecturer Pen Samitty, copy editor in-chief of Raksmey Kampuchea Newspaper. Being with him he provide us more understanding with journalism field. To be close to each other, he held one party at Guita Damour Restaurant on the new year day for 2009.


(Photo obtaining on behalf of our friend to our lecturer)


All of us felt very happy to enjoy this occassion with him. We appointed to arrive the place around 6, but on that day the traffic was so busy. It because we held on the the 25th, Chrismas Day, when lots of people also celebrate their own party with family or friends in the different places. Happily at the Guita Damour, a nice place to be happy, while everyone was waiting for the other come the god wished us by giving a cold rain around ten minutes. Some got wet and other dry. However, our lecturer decided to move the place where we sit to the upstair.


(Cheering, laughing, and eating mad us very happy)

(It's very delicious and eat everyone.....)

After that, we took some phots with our lecturer and friends. The scense of the party was very lively and very happy for everyone. Sound of crying, cheering, wishing heard in the restaurant at that time. We did have a very delicious food altogether. Every facial expression of everyone embeded with smiling, laughing, and satifaction. While we were eating, we also had some jokings, songs along with which made that opportunity more and more joyful. We also enjoy the TV which was screening Khmer Rock Opera show on CTN. We did enjoy with our lecturer and this was the first time we could have time with him.

(Opportunity provided a good time for us)

(Sharing and helping are the art of good coperation)

We also sang a wishing song for him and gave a portrait photo to keep as a sovenire between students and lecturer. Everything went very well on that night. We were full and happy. We would like to have this opportunity again next year with him. We wish we could sang a song but we could not. It because we were upstair. All in all we left there around 9 or 10pm. We all felt never forget this great great time with lecturer Pen Samitty. A party on that day also bring us more relationship to each other more and more to work on well altogether. We determined to have a good coperation and helped each other all the time.

Sunday, January 4, 2009

On the Regime of the Cambodia Press Law

We,

Norodom Sihanou,

King os Cambodia,

  • having seen the 1993 Constitution of te Kingdom of Cambodia;

  • Having seeen Kret dated November 1, 1993 on the ppointment of the Royal Governmentof Cambodia;

  • having seen Kret NS-RKT-1094-83 DATED October24, 1994 on the modification of the compositiion of the Royal Government of Cambodia;

  • having seen Kret NS-RKT-1094-090 dated October 31, 1994 on the modification of the composition of the Royal Government of Cambodia;

Upon the proposal of the two Prime Ministers and the Minister of Information;

Promulgate;

The law on the Regime of the Press adopted by the Natioal Assembly on July 18, 1995, the text of which is as follows:

CHAPTER 1

RIGHTS AND FREEDOMS OF PRESS

Article 1:

This las shall determine a regime for the Press adn assure the freedom of press and freedom of publication in conformity with Article 31 and 41 of the Constitution of the Kingdom of Cambodia.

Article 2:

The Press has rights to maintain the confidentiality of its sources.

Article 3:

To maintain independence of the Press, pre-publication censorship shall be prohibited.

Article 4:

Publication of official informaiton such as statements, meetings, meeting minutes or reports etc, may not be penalized if such publication is fully true or an accurate summary of the truth.

Official information covered by this Article refer to:

  1. statements, meetings, meeting minutes or reports of the National Assembly including its committee and commissions, except if the National Assembly has a secret meeting as stipulated in Article 88 of te Constitution of the Kingdom of Cambodia;
  2. statements, meetings, meeting minutes or reports of the Executive branch, exept those proceedings:
  • close to the public by court order;

  • regulaated by Article 16 of this law, relating to privacy in legal proceedings;

  • dossier of cases still under investigation of the court;

Article 5:

A. Generally

The Press has right fo access to information in government held records, except for any inforamation that causes:

  • harm to national security;
  • harm to relations with other countries;
  • invasion o the privacy rights of individuals, including personal files of officials, medical files, and confidential files and meterials;
  • expose trade secrets, condidential financial information obtained form any individual or legal ebtity, and informaition related to the regulation and supervision of financial institutions;
  • danger t public officials carrying out the law or their duties.

B. Request for Information

Requests for information shall be made in writhing and specify clearly of the information which is requested to the institutions.

Competent official who governs such institutionshall respond in writhing to the request within 30 days. If the request is denied in whole or in part, reasons for such denial shall be indicated clerly in writing.

CHAPTER 2

PRESS RESPONSIBILITY

Article 6:

Journalist have rights to establish Press Association(s). Such Press Association(s) shall be independent. Each Press Association shall respectively adopt its Statute (bylaws) bty agreement from the members through voice, which does not contradict whit the laws in vigor. Leaders of the Press Association shall be elected throgh democratic process to be members of the Board of Directors.

Article 7:

Each Press Association shall establish a code of ethics for internal application in its association. The Press has obligation to comply with the code of ethics, which should primarily include necessary pronciples as follows:

  1. respect for truth and for the rights of the public to the truth.
  2. journalists shall fairly publish information and commentary and make fair crticicsms consistent with justice.
  3. journalists shall report only in accordance with facts that they know the origin. Journalists shall not suppress essential information or falsify documents.
  4. use only fair methods to obtain news, photographs and documents.
  5. don the utmost to rectify any published information which is found imprecise and which may lead to misunderstanding.
  6. shall avoid punlioshing any information which incites and causes to have discrimination as on the basis of race, color, sexd, language, belief, religion, opinion or political tendency, national or social origin, resources or other status.
  7. shall respect the rights to privacy of the individual.
  8. shall respect very strictly the grammar rule of the Khmer language, when writing articles.
  9. publication of onbscene texts and posters and graphically violent materials is prohibited.
  10. violation of the rights of individual to a fair trial as provbided for in the constitution of the kingdom of Cambodia, shall prohibited.
  11. journalists shall regard as grave professional abuses, the following:
  • plagiarism;
  • misrepresentation, such as writing to imply a meaning which creates unjust suspicion among readers, individuals or any group or party;
  • calumny, defamtion, unfounded jumiliation;
  • acceptance of a bribe in any form or attempt to blackmail in consideration of either publication or suppression of any information.

Article 8:

Befoe distribution, the press, employer or editor shall file an application with the Ministry of Information in order of identify itself. A receipt shall be issued t the press by this Ministry after receiving the whole file.

In case of director of publication is a member of the National Assembly or any institution which has immunity, that Press shall pppoint a co-director of publication.

Employer or editor who publishes without respecting this procedure before hand, shall be penalikzed to pay fine from 500,000 t 1,500,ooo Riels. In case if not giving up the offense, shall be penalized to pay in doub le the above original of fine.

Article 9:

The formality which shall bne completged by the employer or editor, shall primarily consist of :

  • identify of the press
  • names andad dresses of the employer and editor
  • name and address of the printing house
  • certification of individual past criminal record of the employer and editor

Any change of above information shall notify the Ministry of Information 5 days ion advance, except for the case of force majeure.

Article 10:

If any person who believes that any article or text, even if the meaning of the article or text is implied, or any picture, drawing or photograph of any press is false and harms his/her honor or dignity, that person hs the right to demand a retraction from or the right to reply to the publisher of the statement and and the righs to sue on charge of defamation, libel, or humiliation which harmed to his/her honor or dignity. A retraction or response shall be published within seven days or in the bnext issue after receiving a demand of retraction or reply.

In the case of a public figure, all purports or false allegation which the journalists take to publish itself or reproduce out of the truth, with malicious intent against such public figure, is such a libel which is prohibited by the law.

If following a complaiont of the plaintiff of the civil action the court found out that any publication isfalse, it then may order the press:

  • to publish a retraction,
  • to pay acompensation, or
  • to publish aretraction and pay a compensation.

A retraction that the press has obligation to publish it, shall bne on the same page and with the same size of tyescripts with which of the text whicj is believed to have affected the honor or dignity of the person (who demands).

Additionally, the court may penalize to pay fine from 1,000,000 to 5,000,000 Riels.

Moreover, in case when a judgment is made on any act as stated in above paragraph, the court may order to post its decision at specific locations which will be indicated by the court at the expense which shall be born by the accused person; and the court may publish this judgement in article of one or more newspapers also at the costs of the accused person, which its maximum should not be exceeded 1,000,000 Riels.

In all case, the owner, the editor and journalit shall be jointly liable for payment of damages to the victims.

Article 11:

The press shall not publish anything which may affect te public order by incition directly one or more persons ot commit violence.

Any act of abuse to what stated above shall be penalized to pay fine form 1,000,000 to 5,000,000 Riels.

Te person victimized of the act stated above shall have right to consider himself/herself as plaintiff of the civil action and file a civil suit in court.

For everu case, the court shall examine on the direct relationship between the inciting article and such act. Any article of more than three months old may not be used by the cout as ground for accusation.

Article 12:

The press shall not punlish or reproduce any information that may cause harm to the National Security and Political stability.

Employer, editor and jornalists shall be penalized to pay fine from 5,000,000 to 15,000,000 Riels, without yet taking into account of due puninshement according to Criminal law.

The Ministeries of Inforrmation and of Interior shall have rightys to confiscate immediately the offending issue of the press.

Moreover, the Ministry of Interior may also have rights to suspend the publication for a period which shall not exceed thirty days and to forward all dossiers to the court.

Article 14:

The press shall not publish anything that may effect to the good custom of society, primarily:

  • curse words that are indecent such as Ah, Meung, etc..
  • words describing explicitly of sexual acts,
  • drawing or photographs depicting juman genitalia or naked pictures. Except for those publications for educational purposes.
  • pictures of degrading which compare particular human being to animals,

Violation of this above article shall be penalized to pay fine form 1,000,000 to 5,000,000 Riels.

Article 15:

Unless ther is permission form the court, the press may not publish information, photographs or drawings that may make it possible for the readers to identify and know the name of:

  1. parties in any civil suit involving paternity, marriage, divorce or child custody;
  2. youth under the age of 18 in any civil or criminal suit; or
  3. a woman who is a victim of molesation or rape.

If concerned preson or custodian has agreed in writing, the press may publish this information, except only when such publication may effect the investigation of the court.

Any individual whose rights under this aritcle are violated by the press, may file a civil action in court for damages.

Article 16:

A commercial advertisement may be considered as false if it exagerates the quality or value of a product or service and leads to confusion by consumers.

Such kind of advertisement shall be prohibited, but the prss organ which published such advertisement is not the one to be responsible before the law, except only when the press organ still continue to publish the advertisement atfer having receiving written warning form the court or competent Ministry to cease such advertisement.

In the contrary, the advertiser shall be the person to be responsible in front of the law and court after there is a complain from any person or consumer's association whose interests have been harmed by such advertisement.

False advertisement shall be penaliozed to pay fine form 1,000,000 to 5,000,000 Riels.

CHAPTER 3

COMPETION

Article 17:

Any person, even though rea or legal person, may not be owner or possessor of more than two Khmer language newspaper n the Kingdom of Cambodia.

Article 18:

The total number of all Khmer language newspapers owned/possessed by foreigners shall not exceed 20% of the total of all Khmer language newspaper tat are actually being published in the Kingdom of Cambodia.

Once the newspapers owned/possessed by foreigners have been authorized to publish, may not be closed because of the dcreasing of total number of Khmer Language newspaper.

CHAPTER 4

DEPOSIT

Article 19:

Employer or editors shall be deposit every issue of their newspaper, three copies with the Nation Library and six other copies with the Ministry of Information. This above deposit shall be proceeded within 15 days if printed in Phnom Penh and within 45 days if printed elsewhere, from the date of their publication.

If failed to deposit one time, the National Library and Ministry of Information shall claim to employeror editor, for the copies that have not yet been received.

Violation of this provisio, the Ministry of Information may impose to pay transactional fine from 30,000 to 500,000 Riels.

CHAPTER 5

FINAL PROVISIONS

Article 20:

Any act commited by employer or editors of journalists tht violated the Criminal Law, shall be subjected to punishment according to Criminal Law. But nevertheless, no person shall be arrested or subject to criminal charges as result of expression of opinion.

Article 21:

All previous provision relalated to the press shall be abrogated.

This law is pass by the National Assembly of the Kingdom of Cambodia on July 18, 1995 during the 4th session of the First Legislature.

The president of the National Assembly.

All the reportings are the origin of its firt Press Law.








Saturday, January 3, 2009

Land Management Issue Debate

Cambodian Institute for Cooperation and dPeace (CICP), with support and collaboration form Friedrich-Ebert-Stiftung, is conducting a profect "Young Leadership" which consists of traing on communication and rhetoric of "Land Management Issue" is selected for the dialogue. This dialogue emergin young leaders from a broad cross section of government, business, professional and community group from Cambodia to discuss of common concern.
(The discussion of how to promote land management system to reduce nagative impact to community?)
The land management and administration aim at improving land tenure security, and promote the development of efficient land market. Project component will:
  1. Support the formulation of land policies for land administration, management, and distribution by developing the capacity of the secretariat of the council of land policy, in policy analysis and development, and key policy in the areas of management, administration, and distributiion base on studies and pilot projects, will be formulated. Additionally, sub-degree will be drdafted for the implementation of the new law and legal instruments, whilw policies, laws, and procedures will be dissemninated;
  2. Provide support ot the Ministry of Land Management, Urban Planning and Construction for long term institutional development, and establish a land management and administration education program in the Royal Agriculture University in Phnom Penh. Training, and capacity will be provided for sthe development of the private surveying profession;
  3. Support the issuance of first time land titles and the establishment of land registration system for land transactions, wich includes information dissemination, and community organization. Land titling programs, and effective land registration systems will be develped;
  4. Strengthen dispute resolution by MLMUPC, as an element in the provision of tenure security by the titling process;
  5. Finance aerial photography and satellite images, training, and equipment form the compilation of land classification maps, while technical assisdtance for this component will be financed by the government.

(The discussion about why land is very importand for development and people's lives?)
In response, a land Issues Projet commence at NGO forum in 2004 that will continue to find answer to key questions rased by NGO forum members:
  • What are the main impacts of the implementation of the land law?
  • What factor impede its full implementation?
  • How does the land titling programme affect poor people? Does it reduce povery or does it lead to poor people losing land?
  • Are the new law and the cadastral commissions any more successful than earlier laws and mechanisms or does injustice and anarch still prevail?
  • Will the sub-degree on economic land concessions make the processes for grant economics and agricultureral concessions more transparent and fair?
  • Can social concession work?
  • What is the relationship between land titling, land dispute resolutin and poverty reduction?

(The discussion about Urbanization and its impacts to community)


Government attempts to reduce poverty through land reform are now based on a land management and administration project supported by world bank and the governments of Germany and Finland. Key element of this include:

  • Systematic land titling - which aims to give title to all land in Cambodia;
  • Cadastral Commissions - which will aims to solve land disputes both related to the systematic land titling process and outside it;
  • Social Concession - which will be a mechanism for transfering state land into the private ownership of poor landless peopl.


    -Futhure reading regarding with this topic:
  • CICP special briefing 1 and 2

Monday, December 22, 2008

Understanding the Communication Process

Communication is the act of sending ideas and attitudes from one person to another. Writing and talking to each other are only two ways human beings communicate.

There are three terms of people communication which the situation involvees different numbers of people in the specific way.

  1. Intrapersonal Communication: communication within one person. As example, when we want to make a decision to buy something then we are not sure to choose which one. So, we just think only of ourselves by asking or in a silent discussion.
  2. Interpersonal Communication: refer to a direct communication between person to person by using the five sences such as: sight, hearing, touch, smell and taste.
  3. Mass Communication is communication from one person or group of persons through a transmitting device to large audiences or market. The basic fact of Mass Communication are the five understood term: sender, message, receiver, channel, and feedback.

In genral understandin of Mass Communication today share three chacrateristics:

  1. A message is sent out using some form of mass media.
  2. Themessage is delivered rpidly.
  3. The message reaches large groups of different kinds of people simultaneosly or within a short peroid of time.

Further Reading: media/impact: Shirley Biagi, California State University, Sacramento.

Wednesday, December 17, 2008

Cambodia feedback to Thailand Reaction of Ottawa Treaty

In replying of Cambodian commission to Thailand reaction of mines bursting after the accusation, Cambodia expressed an intervention and reported with pictures and explained as words:


  1. Regarding with the first accusation, Cambodia made sure that the event took place in Cambodia's land base on the international recognized mape which is 1.500 meters distance from the line border located in the unclearing mines field. This was already expressed by CMAC in 2004. The accusation was not the fact whic was stated Cambodia exist these mines, but Thailand itself had them according to the international institution which worked in this field. Specially, refering to TMAC itself also reported it had PMN-2 for 2.885.

  2. Cambodia clearified clearly that place was absolutely not yet cleared refering to the state from Thailand with NGO who proofed landmine field was alredy cleared. CMAC and Halo Trust showed that seeking not reached to one Kilometer then found out the number of 9.448 mines with other not yet burst. And according to the Cambodian Red Cross reported in the late of the 10 years had 207 victims who suffered around that area. In addition to these, on the 21th November, 2008, Cambodia Ministry of affair sent an official letter to Thai government to show the evidents to Cambodia for the raising up of Thai stated that area had been cleared by TMAC with NGO along with a long live of its people.

  3. Answering to the third raised up of Thai, Cambodai officials drew the main points for the convention into two points:
  • The location is the tie of the problem. If Thai did not come to Cambodia land at that area, then they would not suffered like that, too.

  • Cambodia government show the good model in the field of clearing mine in the world in case of Cambodia had movement and practise the Ottawa Treaty. In sort, The government had the policy and determine clearly to strengthen of practising the Ottawa Treaty with the discipline of the army to obey to the order of the government as well as the using and putting new mine can be done.

4. For the fourth accusation Cambodia stated base on the fact event that:

  • On the 14th October Thai made press conference by inviting 68 embassies and charged Cambodian used new mines along the border

  • On 16th Octobre the ministry of information made a press release rejected Thai accusationn. Cambodia sugguested the partner, Thai, to respect some agreements which these two countries have done especially regarding with the clearing mines along the border. Cambodia also stated its stand to practise and respect to Ottawa Treaty during that occassion.

  • On 17th October, Thai issued a letter which was called Request for Clearification to Cambodia, and also on that day Cambodia made press conference to inform for the public to be aware of the stand of Cambodia and the accusation of Thai.

  • On 20th October, Cambodia created an investigative committee to seek the truth forward what Thai has accused. On the same day, Thai issued an information note on a violation mine bane convention.
  • On the 21st November, Cambodia of Ministry affair sent a letter to Thai partner to request Thai to give the detail about the accusation.
  • The suspection from Thai to the Ministry had PMN-2 in the amount 3.405 left or hide, Cambodia committee has showed the meaning and pictures which proofed that all of them were cleared clearly under the participation of H.E Sor Keng and other representative embassy with other NGOs.

Source from CMAC/Heng Ratana

Thailand's Reaction of Cambodia Used New Mine out of Ottawa Treaty

Two of Thai soldiers were injured by walking on the mine while they were walking control as usual in their land on the 6th October 2008, but on the day they invaded to Cambodia land. And after the the investigating, Thailand accused Cambodia to use new mine which was out of the Ottawa Treaty.

Thai Commision were leaded by high officials of ministry affair, and other 18 expert officials with the afew generals came from TMAC made a speeches and gave some documents to accused Cambodia with this issue for some reasons:

  1. The investigation team of TMAC with NGO found out new type of PMN-2 of mines which were made in the former Soviet United by making accusation they only exist in Cambodia land, but not in Thailand.
  2. Thai claimed that thoes area is a landmine free area where they have already got rid off the mines and thai people are living there for along time.
  3. Thailand accused Cambodia invaded the Ottawa Treaty that put new mines along the Cambodia-Thailand border.
  4. Thailand accused Cambodia escaped from the fact by not answering with direct problem but turned to talk about border issue.
  5. Thailand suspected the amount of 3,405 mines which the ministry of interior gave to CMAC to destroy in 2001 and the transfering to this organization was only 240 for the training, which Thailand asked where were the rest?
  6. Thailand made a pictures report of the injure to inform all countries members, who joined the convention.
  7. Thialand proposed the head of the convention for Cambodia agree to write in the report for two points:
  • The writing report must write that along Cambodia-Thailand border had put new mines, which made two Thai soldiers injure on the 6th october 2006.
  • Requested to make more investigations both of these countries to gurrantee a good coporation with accuracy.
Source From: Vice director of CMAC, H.E Heng Ratana

Monday, December 15, 2008

Delay Identification and Blind lead in Type of Considering



News value base on the specific and the clearest of news target to inform. It is not writen in many of understanding which can confuse the readers. So the first of lead is very important to inform which it is considered about the type of lead: delay idenfification and Blind lead.



Delay Identification lead is in the type of the summary lead, but it has its special feature which is used to tell only the name of person. And the identification must be in the paragraph. It is used to shorten the lead from a longer lead.


Mr. Pen Samitte said that in this case [delay identifiacation lead] for using this type of lead can make lead more interesting, not very complicated, easy to understand, and it is short.


He added that the first statement of the story must show the most important part and be not judged in many perspective of the story.


For another type of the lead is Blind lead. It is used to tell only the identification and no name of the person. It is short and easy to understand with more attraction.


For some journalists they sometimes spread the statement more longer and longer in the lead which is hard to catch the real messages.


''Both of "Delay of Identification and Blind lead" are important. we can use either of them base on the impact of the story'', said Mr. Pen Samitte.


Mr. Pen Samitte stated that why does most journalists often not use these two? It because these two kind of lead use whenever refer to a famous people or high ranking people. And most journalists usually use a simple lead, it is not refered those kind of the lead.
Beside these two type of lead, in the theory there is still one more type. It is Quoted lead.
It is not often writen or reported. If so, in case refer to the main key of the whole story to be informed.
Regarding with this Mr. Pen Samitte claimed that it should be a more attractive, famous, dynamic qouate. He added what to remember how to use ''quote lead'' is it already detail and no need to explain more further.