Saturday, March 31, 2012

ASEAN People Forum issued Joint statement today

31 March 2012
Phnom Penh, Cambodia

Preamble
We, more than 1,200 delegates representing various civil society organizations and movements of workers from rural and urban sectors as well as the migrant sector, peasants and farmers, women, children, youth, the elderly, persons with disabilities, urban poor, Indigenous Peoples, victims of human rights violations, domestic workers, lesbian gay transgender/transsexual intersex and queer (LGBTIQ) people, human rights defenders and other groups, gathered together in Phnom Penh for the 2012 ASEAN Civil Society Conference / Peoples’ Forum (ACSC/APF) on 29-31 March 2012, to discuss issues under the theme “Transforming ASEAN into a People Centered Community”.

We reaffirm our commitment to ensure that ASEAN upholds the fundamental principles of democracy, rule of law, human rights and dignity, good governance, the best interests of the child, meaningful, substantive and inclusive people’s participation and sustainable development in the pursuit of economic, social, gender and ecological justice and development so as to bring peace and prosperity to the ASEAN region.

We express serious concerns over the fact that since 2005, the ASEAN Civil Society Conferencehas been submitting extensive recommendations to ASEAN leaders and that not much progress has been made. Therefore, we reiterate our recommendations from the 2011 Forum and call on the ASEAN leaders to take positive actions promptly to implement them.

We reiterate that the people’s participation and a truly people-centered ASEAN is an essential part of the ASEAN community building. The growing awareness of ASEAN and its meetings and institutions by the region's people is encouraging. However, we note with deep disappointment that during the ACSC/APF unacceptable restrictions were imposed on participants’ human rights to freedom of expression and assembly. Certain participants were actively discouraged from attending the ACSC/APF, and workshops on land rights and on Burma/Myanmar were not allowed to take place.

We urge ASEAN leaders to ensure people’s participation and a people-centered ASEAN during 2012, as well as in Brunei in 2013 and Burma/Myanmar in 2014. We deeply appreciate and commend the efforts of the organizers of the ACSC/APF in Cambodia who ensured a robust and independent ACSC/APF and present this statement of key issues and recommendations to the 20th ASEAN Summit in Cambodia.

Please click here to link the statement.Download the whole Joint Statement here.                                                                                                       

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 Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and informaton regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means. If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Facebook: http://www.facebook.com/law.cambodia Welcome all comments on this blog
 ព្រឹតិ្តច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀត ឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕

Friday, March 30, 2012

Problem and Challenge of ASEAN People's Forum in Cambodia (Kingdom of Wonder??????)


Cambodia is a chair person for ASEAN summit from April 2-4. The meeting of ASEAN leaders and with other famous leaders around the world for solving regional problem and the world in which attracts ASEAN people to address their issues for the leader to take into consideration.  In order to bring people concern, NGOs pro and con- government try their best to collect their respectively concern to put ASEAN summit. However in Cambodia, it has two types of ASEAN People's Forum--- one is organized by it's called neutral NGOs in which are needed to rent hotel for hosting the event and another group of NGOs are supported by government and they can use the public property to process their event freely. The latter group, it's called Government NGOs (GONGO).

It doesn't understand why the government needs to divide NGOs into two groups? is there any benefit from this event? Can government of Cambodia hide all main issue in Cambodia for the world?

Confrontation of Neutral group of NGOs
Law Journal of Cambodia (LJC) received information from the Lucky Star Hotel that people who registered to pay fee to attend ASEAN People’s Forum (APF) were more than 1,000 people. People who attended today are around 1,000 but it had problem of obstruction from hotel owner who said that if the people more than 600 as agreed before, the hotel would turn off the light and lock the door because the owner didn’t want to conflict with the higher ranking who ordered him not allow CSOs to organize this event. It said that Ministry of Interior (MoI) issued a warning letter to all hotels to get permission from MoI before agree to rent the place for any event. However, the Lucky Star Hotel owner made contract with CSOs before MoI’s warning letter so he could cancel the contract. Before the door of venue open, the owner of hotel provided condition to participants that all participants must not allowed to wear any stickers on t-shirt to critic government or put sensitive banner hang on the wall, if they don’t agree, the Hotel Owner will not open the door for participants . The CSOs commissions that organize this event facilitate and then agreed hotel condition. And then, the APF started process its agenda. LJC was very regret to hear this information that hotel owner got pressure from government; it’s Rule of Man not Rule of Law. However, through observers of the event, it saw that the people were commitment and talkative in the event which different from the event at Chaktumok Theater.

On the same day on March 29, at 10:00 PM CHRAC and other NGOs commission for organizing the APF were informed by Lucky Star Hotel that it was not allowed to conduct the seminar on Land, Forest and Mine (LFM) issue in hotel. Then the commission decided to move group of seminar on LFM moved to Paranda hotel in front of Inter-continental hotel. 

On March 30, morning at Paranda hotel, people around 150 were conducting seminar on LFM. However during the seminar, the Paranda Hotel informed the organizer that in afternoon, they would not continue to rent room for participants to conduct seminar anymore. 
In afternoon of the same day, all participants went to original hotel (Lucky Star)--- the group of land, forest and mine still were not allowed to conduct discussion excepted group of health, agriculture.

During the seminar at Lucky Star hotel were also interrupted by hotel staff who withdrew the microphone from speaker--- IT'S AMAZING ISSUE.

LJC will provide further information for tomorrow event.

GONGO ISSUE STATEMENT
Our member attended GONGO seminar on March 29, at the session of Challenge of indigenous people in Cambodia. Through observation, we found that the presenters didn't raise about the issue involving indigenous people but they raised only government policy to protect indigenous people. The participant from DPA asked questioned related to IP challenge and issue. He also provided his idea on the matter but he was interrupted by Vietnamese Moderator by giving reason that time was limited for him talk much.

GONGO had conducted their event from March 28-30. Today, March 30, the GONGO proceeded its agenda smoothly because they were supported by the government. This group also issued 8 pages statement for ASEAN leader to consider their concern. Its statement didn't fight the points that people are facing especially related CORRUPTION, LAND CONFLICT, FORCE EVICTION AND DEFORESTATIONS. ITS STATEMENT talked little of problem such gender and development; women and children's; migrant workers and decent work; disability and development; indigenous and ethnic group; democracy and human rights (just want ASEAN leader to implement ASEAN charter and other document related human rights); Natural resource, environment and climate change (Must adopt love natural and environment????????); livelihood improvement .....for more information please link here to read the original draft of GONGO statement. 



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 Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and informaton regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means. If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Facebook: http://www.facebook.com/law.cambodia
 Welcome all comments on this blog
 ព្រឹតិ្តច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀត ឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕

Wednesday, March 28, 2012

Freedom of secrecy of correspondence in Cambodia started to be tiny


Through Cambodia Daily Newspaper issued on March 26th, 2012 “Internet Cafes, Phone Kiosks Told to Install Security Cameras”, page 17 stated about directive of Ministry of Interior (MoI) and Ministry of Telecommunication (MoT) issued its guideline for internet café and public phone operators shall install the security camera, and also record the identity and also shoot picture who phoned at their shop. The decree was raised aim to secure the PUBLIC SECURITY; afraid the TORRORISTS conduct activity and also reduce the crimes in Cambodia.

Law Journal of Cambodia (LJC) could not yet find the original source from the competent authority. However our team just would like to provide information and some impacts regarding issue that it is a type of restrictive the freedom of expression and also abusive the private communication of each individual person.

Is it reasonable or any legal bases for government to issue this direction? How about the impact of this decree to the human right context?

Social Context

ASEAN:The Cambodia is a host country for ASEAN summit in early April this year so the government may concern about security for world leaders who attend this significant event. Is it a good methodology to prevent the terrorist acts or crime happening in Cambodia? How effective of this method? How about the price of our poor people to comply with this government responsible?

The instalment of camera: Why the government doesn’t reserve budget for installing the public camera rather than put the burden for the shop owner to install the camera in their shop?

Public Security:The government also has reason that this decree is for reducing the crimes happening in Cambodia, what is the cause of booming of crime in Phnom Penh and elsewhere? Is it the incompetent authority to crackdown the crimes or offenses or what?

Through MoT's and MoI's directive, the opposition people, human activists might think that the government wants to identify person who oppose the government’s idea because it’s closely commune election and National Election in July this year and next year. It’s also to eliminate the contradict opinion if s/he has seriously criticize against the government policy. However, LTC thought that the government will not use this measure to put pressure against the people who have contradict idea.

Legal Context
The directive of MoT and MoI are violating the Cambodian constitution of article 40 (3) “The rights to privacy of residence, and to the secrecy of correspondence by mail, telegram, fax, telex and telephone shall be guaranteed”

The word “Guarantee” means all the correspondence in private between individual people cannot be recorded or taken pictures. If someone who records the communication individually will be subjected punishable.

The Cambodian Criminal Code punished person listen or record the privately announced or confidential speeches without the consent of the concerned person, s/he shall be imprisoned for one month to one year and a fine between 100,000 (one hundred thousand) Riels to 2,000,000 (two million) Riels”, Article 301 said.

The acts of taking picture of a person in a private place without the consent of the latter, is punishable, except for the cases where it is authorized by law, by an imprisonment of between 1 (one) month and 1 (one) year and a fine of between 100,000 (one hundred thousand) and 2,000,000 (two million) Riels.”, article 302 said.

Principles for the protection of persons with mental illness and the improvement of mental health care
Adopted by General Assembly resolution 46/119 of 17 December 1991

Principle 13
Rights and conditions in mental health facilities
1. …….
(c) Freedom of communication, which includes freedom to communicate with other persons in the facility; freedom to send and receive uncensored private communications; freedom to receive, in private, visits from a counsel or personal representative and, at all reasonable times, from other visitors; and freedom of access to postal and telephone services and to newspapers, radio and television

Convention on the Rights of Persons with Disabilities
Adopted by General Assembly resolution 61/106 of 13 December 2006
Article 22 
Respect for privacy
1. No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or herhonour and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks.
2. States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.

Conclusion

In order to crackdown or eliminate crimes in the society, the government has many ways to do it such as to strengthen capacity of its authority to fight against crime offenders, or install camera for watchdog the crimes at the public and or issue some regulations to protect people rights.

The idea of installing security camera for monitoring crime is good but it should not be burden for people. It’s under the government policy therefore the government shall have obligations to guarantee national security and also public interest.

The government should have budget to install the public camera to watchdog the crime.

However, LJC would like to express our opinion that all government’s decision should be reflect the constitution spirit because it’s a supreme law for nation that all people shall comply with. By the ways, Cambodia also the member of many international covenants such as international covenant on civil and political rights, declaration of human rights…

Please find the real article of Cambodia Daily below:




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 Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and informaton regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means.
 If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Facebook: http://www.facebook.com/law.cambodia Welcome all comments on this blog
 ព្រឹតិ្តច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀត ឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕

Thursday, March 22, 2012

ADHOC launched Land and Housing Rights Report 2011


ADHOC launched Land and Housing Rights Report 2011

Today (Mach 22), ADHOC launched its annual report on Land and Housing Right report 2011 at its central office.

Through ADHOC reported found that in 2011, 123 sub-decree of Economic Land Concession (ELC) were granted to private companies, amounting a total area of 751,882 hectares. This report cited that about two third of this figure have been taken from protected area.

Up to 2011, the government granted ELC amounting to 2,276,349 hectares to 225 companies through Ministry of Agriculture, Forestry and Fisheries and sub-decree of ELC. The number of ELC could be even greater since some ministries also granted ELCs, allegedly to improve some sectors such land concessions for mining (56 zones) through Ministry of Industry, Mine and Energy, and land concessions to develop 22 special economic Zones.

ADHOC reported about the land conflict result from improper enforcement of the land law and sub-decree of ELC No. 146 namely: failure to assess environmental and social effect; there is no comprehensive information available on ELC; many companies cleared land and resident land of people through simple notification (Shor. Chor. Nor); and when conflict arise, resolutions are very often in favor of company.

Beside the land conflict, ADHOC’s report raised force eviction. Until 2011, there were 127 communities that evented from their home, including 81 in Phnom Penh. Force eviction has effected 30,009 families. Furthermore, around 606 communities exposed to forced eviction in the future.

The solution of land conflict generally takes years and competent authorities tend to fear the companies that enjoy support the rich, well-connect parties. This causes an increase in protests on the part of poor, powerless people. In 2001, most of these protests have been prevented, banned or violently crackdown by arm forces. There have been 36 instances of violence against communities affect by land conflict when they protest.

By the ways, some community people who claimed their rights were accused of defamation, disinformation and incitement by court. In 2011, at least 427 people accuse (in 2010, there were 319), among whom 95 have been arrested and 48 detained. The rest have managed to escape or are currently waiting for trial. Among of this people, some are human rights defenders or activists, parliamentary representatives, media reporter, lawyers commune councilor or deputy chiefs. 

For please information, please go to ADHOC office center or http://adhoc-cambodia.org/?p=1472&lang=km

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 Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and informaton regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means. If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Facebook: http://www.facebook.com/law.cambodia Welcome all comments on this blog ព្រឹតិ្តច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀត ឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕

Wednesday, March 21, 2012

PRESS RELEASE “Transforming ASEAN into a People-Centered Community” Cambodian Civil Society Reaffirms its Commitment to Organize of ACSC/APF 2012 in Phnom Penh, Cambodia


PRESS RELEASE
 “Transforming ASEAN into a People-Centered Community
Cambodian Civil Society Reaffirms its Commitment to Organize of ACSC/APF 2012
in Phnom Penh, Cambodia
Phnom Penh, 21 March 2012

As Cambodia takes the chairship of ASEAN in 2012, civil society in the country reaffirms its commitment to organize an ASEAN Civil Society Conference (ACSC)/ ASEAN Peoples’ Forum (APF) on March 29-31, 2012 in Phnom Penh ahead of the 20th ASEAN Summit that will take place on April 3-4, 2012. The National Organizing Committee of ACSC/APF has followed the legal procedure of Cambodia so that the event will go ahead as planned.

Traditionally, the ACSC/APF is a platform for democratic and constructive debates on ideas, formulation of proposals for ASEAN, exchange of experiences among civil society and peoples’ movements, expanding networks across issues in the region, and enacting joint actions, especially on community building process. This year 2012, reflecting the major concerns of the ASEAN people towards the Association, ACSC/APF 2012 chooses the theme “Transforming ASEAN into a People-Centered Community”.

There will be more than 20 parallel workshops that cover different issues currently confronting the ASEAN region. The ideas generated will be formed into recommendations for the ASEAN leaders to address and take into account in their discussions. Those issues will range from economic empowerment, justice, human rights and fundamental freedom, children, women & gender, peoples with disabilities, natural resource, climate change, democracy and election, hydro power dam, forestry, agriculture, sustainable development, IDPs, youth, labor migration, workers, and farmers, LGBT rights, reproductive health, etc.

By today, there are more than 500 participants, of whom more than 200 are coming from the ASEAN region. The expected number of overall participants will be around 600 and online registration is still continued by 22 March 2012. More information about the organization of this event can be visited on www.acscapf2012.org 

For further information, please contact 2012 ACSC/APF:

Mrs. Thida C Khus, Steering Committee               Tel: 012 838 464     Email:thida_khus@silaka.org  
Mr. Chhith Sam Ath, Steering Committee            Tel: 012 928 585      Email:samath@ngoforum.org.kh
Mr. Pen Somony, Program Committee                  Tel: 012 708 093      Email:pen.somony.cvs@gmail.com
Mr. Meas Samnang, Organizing Committee       Tel: 012 889 466     Email: samnang.meas@ngocrc.org
___________________________
Cambodian Human Rights Action Committee (CHRAC)
Address: # 9E0, St. 330, Sangkat Boeung Keng Kong III,
Khan. Chamcar Morn, Phnom Penh, Cambodia
Tel/Fax: 
 855 23 218 759 , Tel: 855 23 301 415 , 305 609
E-mail: 
chrac@forum.org.kh or chracsecretariat@yahoo.com
Web: 
http://www.chrac.org/eng/

Friday, March 16, 2012

Which article is the basis for the partial termination of contract in Cambodian Civil Code??


Which article is the basis for the partial termination of contract?

In the new Cambodian CC, there is no article that stipulates “partial termination of contract” explicitly.

In Japanese CC, there is no article that stipulates “partial termination of contract” explicitly, either. But the partial termination of contract is considered to be possible in Japan and in fact Japanese Supreme Court has admitted the partial termination of contract.

Japanese Supreme Court rendered the judgment to the effect that the buyer cannot terminate the entire contract if a part of contract has been performed by the seller and this partial performance by seller has value to the buyer. In other words, the buyer can terminate only a part of contract which has not been performed by the seller if the partial performance by seller has value to the buyer.

The partial termination of contract is also admitted in the United Nations Convention on Contracts for the International Sale of Goods (CISG), from which the drafters of the new Cambodian CC got a lot of idea. The Art.51(1) of CISG says “ If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, articles 46 to 50 apply in respect of the part which is missing or which does not conform.” And the Art.49 of CISG stipulates the termination of contract.

Therefore, it thinks the partial termination of contract is possible under the new Cambodian CC even though there is no article that stipulates “partial termination of contract” explicitly.

Explanation of article 939 of civil code



What relatives in forth degree stipulated in book 7 (relatives) are there? Please explain? Please draw the relatives order among six degrees based on Civil Code?

Please read article 939(1) and (2) of CC.

Example chart is as follows:
The number inside (  ) means the degree of relationship between you and each relative.


Tuesday, March 13, 2012

Theory of Legal Analysis


Legal analysis is the way in which cases are viewed and how they might pertain to other legal matters at hand. Your reason for analyzing legalities will determine how you approach your homework.

Identifying the issues presented in a client's facts and determining what law is relevant and how so, is the basis for legal analysis. It really is just the process by which the application of the law applies to a client's case. So many variables define a court case that analyzing the details sheds more light on the real issues underlying.
Four steps constitute the legal analysis process:  

The first is to identify the issue or legal question. If a case involves a hit-and-run accident, is the question about whether or not the accident really was hit-and-run or is the speculation on whether it was intentional or if manslaughter charges ought to apply instead.

Secondly, the rule or law which governs the previous question of law, is sought after. Enacted law, case or common law or a combination of either might be necessary to properly analyze the case. Together the laws can provide a more thorough understanding of what exactly applies to the case at hand. Suppose a law states that no dog can run at large in the city limits while a court case has challenged the terminology of "at large." The statute and the case law together could provide the best analysis and argument for your case.

Next, the analysis part arises. This part involves deciding how the law applies to the legal question or issues asked in the first place. Breaking down the elements of the rule of law is essential to the analysis. Once the individual parts of the law are outlined, apply the facts of your case to those components to see if there is any relation between the two. Then consider counter arguments to your point of view to be certain you have looked at both sides so your defense of your case will be strongest. Finally, drawing a conclusion will let you know if you are analyzing properly.

Last, there must be a conclusion or a summary which arises to a legal analysis. Retracing your steps in your analysis will help you see if you have gone in the right direction. If you started out considering if the hit-and-run was intentional and ended up with the illegalities of hit-and-run, you have veered off in the wrong direction. Because there can be so many aspects to a case it can be easy to get sidetracked and lose sight of your goal. Thus the reason for reviewing and being certain you have achieved your goal.

Keep focused on what is crucial in your analysis so you can find the most pertinent law, case or statutory. Stay clear about what your case involves and what specific differences there might be in another's case or interpretation of the law. Look at everything from an objective point of view as well and it will help you see clearly where you need to go with your analysis.

Monday, March 12, 2012

CARVING UP CAMBODIA: ONE CONCESSION AT A TIME



The above title was issued Number 730 for March 10-11, 2012 by Cambodia Daily Newspaper. This article showed that negative impact of Economic Land Concession (ELC) which caused people living condition fall under the poverty. This article also quoted the parliamentarian who pro-government said that the people should understand about the government development and wanted to reduce the poverty in Cambodia.

Law Journal of Cambodia (LJC) observed that some companies which received licenses from government didn’t follow the law needs. For example: An Economic Land Concession may be granted only on a landthat meets all of the following five criteria:

1.                  The land has been registered and classified as state private land in accordance with the Sub decree on State Land Management and the Sub decree on Procedures for Establishing Cadastral Maps and Land Register or the Sub decree on Sporadic Registration;
2.                  Land use plan for the land has been adopted by the Provincial-Municipal State Land Management Committee and the land use is consistent with the plan;
3.                  Environmental and social impact assessments have been completed with respect to the land use and development plan for economic land concession projects;
4.                  Land that has solutions for resettlement issues, in accordance with the existing legal framework and procedures. The Contracting Authority shall ensure that there will not be involuntary resettlement by lawful land holders and that access to private land shall be respected; and
5.                  Land for which there have been public consultations, with regard to economic land concession projects or proposals, with territorial authorities and residents of the locality.

The criteria from 3 to 5 were not followed. After the companies received land, they always clear and deforest for selling the value wood rather than invest on those land. Sometimes after they cut the trees all, they just plant or invest little on that land.
The people who suffer from the investment by getting inappropriate compensation and sometimes they shall migrant to other countries to find job for their living.
The below is article of Cambodia Daily: 








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Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and informaton regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means. If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Facebook: http://www.facebook.com/law.cambodia Welcome all comments on this blog

ព្រឹតិ្តច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀត ឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕

Sunday, March 4, 2012

Practical Interview for Position at Local and International Organizations


Law Journal of Cambodia (LJC) received document from one person who have experience on applying job and had a shortlist. In the below were questions that the interviewer did.


At Oxfam GB (on 7th May 2007) position of Land Program Officer

I -Writing Test

1) The supervisor asked me to make a writing test through typing in computer. There are two kinds of content to be tested:

1-1  Definition term
a/ Transparency
b/ Monitoring
c/ Objective
d/ Human rights
e/ Indicator
f/ Civil society

1-2: One organization was set up a man who wants to help the poor people then he collected his friend to create one organization. The man wrote the constitution of organization and he named his director of such organization. His friends think that this organization is the name of director. They don’t think about the difficulty in the future.

A)   If this organization applies for funding to Oxfam GB, and you are PO, how should you advise such organization to relating to accountability?

B)    In case, the Oxfam GB approves the budge for this organization and then when you go to the field for checking about the activities to such organization. At that time, you get a complaint from the people that this organization is waste money and the expenditure is not transparency. What will you do?

1-3: In a workshop, the women don’t have any comment relating to the topic then the partner said that they don’t have any idea about this matter.

A/ If you are invited to be trainer, how could you do to make women participation in such workshop?

B/  What do you think about the gender in the community?

1-4: If you were PO in Oxfam GB and you will go to field trip. You will be paid some money for process of activities and you will refund back for the rest money. It is paid you $250
          It is allowed us to calculate the fee trip?

2) Translate from Khmer to English
The content of topic related to the objective, goal and activities of Oxfam GB in Cambodia.

II- Oral test (one hour)
There three interviewer: Human Resource Manager (Man, Khmer national) , Gender Officer (Lady, Khmer national), Program Coordinator of Land Program(Lady, English National). First they introduce about their role then the human resource manager introduce about the mission of Oxfam GB.
Then they ask the questions as below:
1)     Have you experienced to be manager? and what is the role?
2)     Have you ever worked with organization? if you have, what kind of role do you do?
3)     What does monitoring mean?
4)     What is Objective to achieve the project?
5)     Have you ever researched?
6)     Do you know the land registration?
7)     Do you know land concession?
8)     Do you know how to solve the land dispute?
9)     If you heard your partner expends not transparency, how do you do?
10)If you are invited to provide lecture at the workshop and the women don’t raise any comment, how would you do for women participate in the workshop?
11) If your colleague doesn’t accept your comments, what would you do?
12) What kind of leaders to you want?
13) How to manage your project?
14) Can you tell about your duties when you worked at KID?
15) What kind of leader to do you need?
16) If you are leader, what style do you lead in your group?
17) How would you do if you want to promote women in your group?
18) What is team working?
19) What do you want to be in the future?
20) Do you have any question because we don’t have any questions to ask you now?
21) If you were manager, do you need the comment from your colleague?

I asked the interviewed three questions
1) If I would be PO your organization, what kind of benefit will I get?
Answer: You will get salary $8,000 per annum. You have guarantee for traveling and medical
2) This position will be transferred province?
Answer: It locates in PP
3) When the result announce?
Answer: If you passed writing test and oral test we will contact your reference and need you to resign from your working if you are civil servant.
I reply: for me I need one month for inform my current job.

The interview finished at 6: 00 PM

Interview Questions/Tests at JICA project


Questions:
Why do you want to work in this project?
What do you know about this project?
What do you know about JICA?
Have you ever applied in job for JICA project?

Tell us about you weakness.

What task did you enjoy best and why? Tell us a specific story.
Tell us about a success story in you previous job experience.
Have you ever had subordinate(s) in your work?

What is your final goal/objective in your job career?
What do you expect to learn from this job?
Have you ever take entrance exam for RSJP or LTC?
Do you want to be a Judge/Prosecutor/Lawyer?

What do you think the most important issue is to be addressed in judicatory area in Cambodia?

Why did you study law?

Test:
Short essay in English (hand writing)
          Topic:
Translation
Logical thinking
Mathematics
Computer skills

When you can start work at our project?

Where can I send you a letter for this interview result? (Address?)

Interview Questions/Tests ( Position of Project Manager)


I-                  General Knowledge
II-              Specific skill
III-           Others

I- General Knowledge
1- Can you introduce yourself?
2- Have you graduated from university?
Why did you study such subject .... [relevant subject which applicant apply]?
3- What do you think about the agriculture in Cambodia? or What do you think the most important issue is to be addressed in agricultural area in Cambodia?

4- How to improve the living condition in Cambodia?
5- Why Cambodians are poor?

Question concerning to the project :
Why do you want to work in this project?
1- What do you know about this project?

2- Tell us about you weakness.

3- What task did you enjoy best and why? Tell us a specific story.
Tell us about a success story in your previous job experience.
Have you ever had subordinate(s) in your work?

In a workshop, the women don’t have any comment relating to the topic then the partner said that they don’t have any idea about this matter.

A/ If you are invited to be trainer, how could you do to make women participation in such workshop?

B/  What do you think about the gender in the community?

II- Specific skill
22)Have you experienced to be manager? and what is the role?
23)What does monitoring mean?
24)What is Objective to achieve the project?
25)Have you ever researched?
26)Do you know the management in community?
27)Do you know how to solve the community dispute?
28)If you heard your partner (team leader...) expends not transparency, how do you do?
29)If you are invited to provide lecture at the workshop and the women don’t raise any comment, how would you do for women participate in the workshop?
30) If your colleague doesn’t accept your comments, what would you do?
31)How to manage your project (relating his/her experience)?
32) Can you tell about your duties when you worked at previous job?
33) What kind of leader to do you need?
34) If you are leader, what style do you lead in your group?
35) How would you do if you want to promote women in your group?
36) What is team working?
37) What do you want to be in the future?
38)If you were manager, do you need the comment from your colleague?

III- Others
1-     If you are invited to be project manger, how much salary do you need?
2-     When you can start work at our project?
3-     Do you have any question because we don’t have any questions to ask you now?

Test (30 minutes):
Short essay in English (hand writing)
          Topic:
Translation
Logical thinking
Mathematics
Computer skills

If you want to download about Success Interview, please click here. 


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 Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and informaton regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means. If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Facebook: http://www.facebook.com/law.cambodia Welcome all comments on this blog
ព្រឹតិ្តច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀត ឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕