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    Unrest crimpingKingdoms growth

    Rockin Russians railagainst Crimea action

    NATIONALpage 6 LIFESTYLEpage 17BUSINESSpage 7

    Origins of pythonskins unknown

    WEDNESDAY, APRIL 2, 2014 Successful People Read ThePost 4000 RIEL

    ISSUENUMBER1898

    Joe Freeman

    AT THE detention centre for the Extra-ordinary Chambers in the Courts ofCambodia, former Khmer Rouge seniorleader Nuon Chea goes to bed early,sometimes before 9pm, and his mealsinclude regular helpings of tofu.

    His co-defendant, Khieu Samphan,the former head of state for the sameregime as Chea under which nearlytwo million Cambodians perishedfrom 1975 to 1979, is working on a

    writing project to debunk a well-known book about the post-KhmerRouge era. When hes finished for theday, he occasionally hops on a station-ary exercise bicycle.

    The details of the two octogenari-ans daily lives are included in a healthassessment performed late last monthand obtained by the Postthis week.

    The assessment, full of tidbits bothmundane, such as Cheas ongoinggout problems, and revealing, such asSamphans fluent use of the Englishlanguage in his interviews with doc-tors, paints a more comprehensivepicture of the defendants health.

    Both men were deemed fit to standtrial, but this wasnt much of a sur-prise. Rather, its the overall upbeattone that stands out.

    Cheas health appears to haveimproved, while Samphans mentalhealth was excellent for a man ofhis age.

    The final report, marked strictlyconfidential, wraps up two days oftests last week on 87-year-old Chea,Brother Number 2 to Pol Pot, and83-year-old Samphan, who has fre-quently claimed he was only a figure-head during the bloody Khmer Rougeera. Both dispute the charges leviedagainst them in the war crimes court.

    The trial chamber ordered the phys-ical and psychiatric assessment todetermine whether the two ageingdefendants are physically and men-tally fit to stand trial as the courts Case002 transitions into its next segment.

    So far, because of the courts deci-sion to split Case 002 into differentphases for fear that the age and healthof the defendants would preclude

    Alice Cuddy and May Titthara

    CAMBODIA has passed ashameful milestone of halfa million land conflicts, withmore than 2,200 families

    affected so far this year alone, rightsgroup Licadho said yesterday.

    The updated figures, gathered since2000, indicate that land rights remaina central issue in the country, whichcontinues to pit farming communitiesand the urban poor against powerful

    officials and business interests.These figures show that land grab-

    bing is not just [a matter of] isolatedconflicts or problems . . . it affects and

    will continue to affect people all acrossthe country, Licadho director NalyPilorge said.

    Pilorge explained that the half-millionfigure only scratches the surface of theproblem, as Licadho only monitors land

    conflicts in about half of the country.According to Licadho, the first few

    months of 2014 have seen a renewedwave of violent land grabbing, withnew cases affecting 2,246 familiesacross the provinces it monitors.

    That represents an almost four-foldincrease on the statistics the group col-lected in the same period last year

    when the number of families stood at

    618 and the highest number thegroup has recorded in four years.

    According to Pilorge, the epidemicof land grabbing is largely the fault ofthe government.

    Not only is much of this land grab-bing [directly] done by the govern-ment, but it is also done with the com-plicity of the government . . . protectingthe interests of businesses, she said.

    Ou Virak, chairman of the Cambodian

    A shameful milestoneLand conflicts top half million

    Continues on page 2 Continues on page 4

    KRT duoshealth getsthumbs-up

    Myanmar police provide security in the village of Theechaung on the outskirts of Sittwe in the western Myanmar state of Rakhine yesterday. The state hasseen an outbreak of violence leading up to the national census. AFP

    Marching ordersSTORY >13

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    National

    2 THE PHNOM PENH POST APRIL 2, 2014

    Continued from page 1

    Center for Human Rights,agreed.

    The land of the people is notsecure. Even people not alreadyaffected live in fear.

    They [land grabs] started avery long time ago, but they havegot really bad in the past five

    years, because the governmentthinks its invincible, Virak said.

    Rong Ky, a fisherman in KohKong province, knows firsthandthe devastating effects land con-flicts can have on a community.

    Ky had lived in his home in KiriSakor district for more than 30

    years when Chinese companyUnion Development Grouparrived in town.

    Union Development received36,000 hectares in economicland concessions in 2008 andabout 9,000 more in 2011. Withthe concessions came grandambitions to turn the area into acoastal mega-resort.

    The company is accused ofdisplacing more than 1,000 fam-ilies and leaving others withoutcompensation. Ky says theauthorities were complicit in theforced evictions.

    If they [the authorities] fol-lowed government policy, they

    would have cut the land out ofthe companys land and given itto those of us who have notagreed to relocate. They wouldnot have cleared and destroyedour houses. They would havegiven us compensation, he told

    thePostyesterday.In a separate dispute, villagers

    in the Areng Valley, in Koh Kongprovince, have been fighting thismonth against plans to build acontroversial new hydropowerdam, which they say wouldrender them homeless and with-out livelihoods.

    Alex Gonzalez -David son,founder of local NGO MotherNature, said judging by the waythe relocation of communitieshas been done in other develop-ment projects, one can onlyguess that the people from the

    valley would be thrown intoabject poverty, which is a sad

    way to end a culture known to beat least 500 years old.

    In the statement released yes-terday, Licadho urged the gov-ernment to take action on theissue by putting a genuine endto forced evictions and providingfair and adequate compensa-tion to those already displaced.It also called on the governmentto stick to its promise to revieweconomic and other land con-cessions, and to carry out atransparent land demarcationand classification process.

    But according to Beng HongSocheat, a spokesman at theMinistry of Land Management,Urban Planning and Construc-tion, the government alreadyhas measures in place to settleland conflicts.

    We have a sub-decree to settleit procedurally, and we have clear

    working groups, he said, addingthat the government is workingto uphold its promises.

    Despite a moratorium issuedby Prime Minister Hun Senagainst new economic land con-cessions in May 2012 and a land-titling scheme initiated shortlythereafter, a report by rights group

    Adhoc last year suggested thetangible results were negligible.

    Eang Vuthy, executive directorof Equitable Cambodia, whichhas advocated on behalf of evict-ed families, said the government

    was obligated under interna-tional law to protect Cambodias

    most vulnerable citizens.Land conflicts are a huge

    human rights issue in Cambo-dia. We have seen hundreds ofthousands of people displacedin [both] urban and rural areas. . . poor people and indigenouscommunities have been seri-ously affected by this at thehands of private companies andpowerful people, he said.

    The government has a dutyto provide people with adequatehousing and rights to their landunder the laws of internationalhuman rights.

    Land conflicts atshameful levels

    MAP SUPPLIED BY LICADHO

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    Real reform urged

    US envoylends NGOshis support

    U

    S AMBASSADOR Wil-liam Todd has criticised

    discussion over thepolitical neutrality of NGOsand election watchdogs atrecent election reform talks asan unnecessary distraction.

    I strongly believe that anyeffort to restrict the indepen-dence of NGOs would be a ma-jor step backward in Cambo-dias democratic development,especially as it relates to elec-tion monitoring, Todd wrotein his column for theRasmeiKampuchea newspaper.

    A joint election reform com-mittee agreed last month to 14areas of proposed reform that on the urging of the rulingparty included the neutralityof NGOs, despite the opposi-tion calling it irrelevant.

    Given the urgent need topress forward with genuinereforms that will improve theelectoral process, debating therole of civil society groups . . . isan unnecessary distraction,Todd wrote.

    The government has ac-cused election watchdogs oftrying to discredit the electionon behalf of the opposition.KEVIN PONNIAH

    National

    3THE PHNOM PENH POST APRIL 2, 2014

    The Kingdom of Cambodia

    National Committee for Sub-National Democratic

    Development Secretariat (NCDDS)

    REQUEST FOR EXPRESSIONS OF INTEREST

    Short-term National and International Consultants to Develop a Com-pliance Inspection Strategy/Manual

    The Royal Government of Cambodias local reform agenda is being

    implemented through its first three-year Implementation Plan (IP3: 2011-

    2013). The reforms aim to develop autonomous, locally accountable SNAs,

    as institutions of political representation that promote sub-national democratic

    development. The National Committee for Sub-National Democratic

    Development (NCDD) is mandated as the overall program authority and

    through its Secretariat (NCDDS) is responsible for policy formulation

    and program coordination. Implementation of the IP3 is assigned to seven

    (7) national institutions, 6 of which have their subprogram, including the

    NCDD-S, the Ministry of Interior, the Ministry of Economy and Finance, the

    Ministry of Planning the Ministry of Civil Service, the Ministry of Womens

    Affairs and the National League of Council Associations.

    The NCDDS wishes to hire two short term consultants (national and

    international) to develop a compliance inspection STRATEGY/

    STRATEGIC MANUAL for sub program 2/ ministry of interior. The

    following consultants are needed:

    A. One international Consultant for 20 working days

    At least a Masters Degree or equivalent in Social Sciences, Law,

    Finance/Audit, Public Policy or related studies

    At least 5 years experience working as an inspector, manager of

    inspection processes, or in a related and relevant oversight capacity

    OR at least 3 examples of developing compliance inspection or

    oversight processes in other countries

    Experience in undertaking local government inspection, especially

    in cases where reforms are moving from a deconcentrated/

    centralized system to a delegated one

    Experience in South East Asia or Cambodia is considered useful

    B. One national Consultant for 50 working days

    Qualification and Experience Required

    At least a Masters Degree or equivalent in Social Sciences, Law,

    Finance/Audit, Public Policy or related studies

    Proven experience in writing manuals or guidelines; excellent writing

    skills in English and Khmer

    Good quantitative reasoning skills and logical thinking

    2 years experience in M&E or compliance inspection or oversight

    or legal analysis

    Knowledge or clear ability to learn the legal framework for local

    government in Cambodia

    Experience as a trainer.

    Interested individuals must provide (i) updated CVs (including references /

    referees), (ii) a cover letter demonstrating how they are qualified to providethe required services, and (iii) a copy of one past assignment / report on a

    similar topic. Complete TORs can be found at http://www.ncdd.gov.kh/km/

    media-center/jobs-procurement.

    All submissions should be made (by either email or express mail) to: Mr.

    Nop Novyor Ms. Ung Chandanyat NCDDS, Ministry of Interior, Norodom

    Blvd., Khan Chamkarmon, Phnom Penh, CAMBODIA from 08:00am to

    17:00pm, Monday to Friday or through e-mail at [email protected] or

    [email protected].

    The closing date/time is 17:00 hours, April 11 th2014. Women are strongly

    encouraged to apply; only shortlist candidates will be contacted.

    Top-level talks on the wayMeas Sokchea

    A

    TOP-LEVEL meetingbetween the rulingCambodian Peoples

    Party and the opposi-tion Cambodia National RescueParty could occur soon, seniorofficials from both parties hint-ed yesterday, as the National

    Assembly opened its secondsession of the fifth mandate

    with only the CPP represented.Fronting the press at the par-

    liament, Interior Minister SarKheng confirmed that the CPPis arranging a top-level meet,but did not give a specific dateas to when this would occur.

    Prime Minister Hun Sen re-ferred questions about themeeting to the CNRP.

    We have [vowed] that wemust go ahead [with negotia-tions]. The others [CNRP] some-times they go back and forth, so

    you must ask the others [aboutthis], dont ask me, he said.

    Son Chhay, CNRP whip, saidthe top-level meeting wouldtake place soon, though hecould not provide a date.

    The parties have beencontacting each other. We aremaking progress. [We] havemuch understanding [but]

    we will continue to debatefurther details, he said.

    Separately, the Cambodian

    Center for Human Rights hascalled on the lawmakers notto pass any new legislationuntil the CNRP takes its seatsand ends its National Assem-bly boycott, which began inSeptember following the dis-puted July election.

    The government aims topass the three fundamentallaws on the judiciary, along

    with an NGO law, a tradeunion law and a cyber law this

    year, or later this mandate.With only one party sitting

    in the National Assembly, theCCHR says it is concerned thatthese draft laws, which couldhave a serious impact on thehuman rights situation, willnot be sufficiently scrutinisedand will not represent the willof the people.

    It appears, however, that sit-ting lawmakers from the CPPare starting the second session

    by passing legislation likely toprove less controversial.

    Yesterday, with 66 of 68 CPPlawmakers present, it passeda draft law approving how the2012 budget was spent.

    Today, a draft law on roadsand a draft law related to theprotection of investors as partof an agreement betweenCambodia and Vietnam are ex-pected to be passed. ADDITIONALREPORTING BY KEVIN PONNIAH

    Prime Minister Hun Sen fields questions from the media about rumoured high-level meetings after leavingthe National Assembly yesterday in Phnom Penh.HENG CHIVOAN

    New lawyertapped forCase 004Stuart White

    THE Khmer Rouge tribunalyeste rday anno unce d theappointment of British lawyerJohn Jones to represent a sus-pect in the courts government-opposed Case 004.

    According to the announce-ment, Jones has worked as adefender in five war crimescases, and has worked at all ofthe major international crimi-nal courts and tribunals,including the Hagues Interna-tional Criminal Court, wherehe represents Saif Gaddafi, theson of slain Libyan dictatorMuammar Gaddafi.

    Jones will join Cambodianlawyer Bit Seanglim, who isrepresenting the same client.

    Though the identities of Case004s defendants who havenot been officially charged witha crime are technically confi-dential, they were long agorevealed to be Ta An, Ta Tithand Im Chem.

    In a separate announcement,the tribunal applauded Nor-

    ways government for pledgingan additional 6 million kroner($1 million), bringing its totalcontribution to the court tomore than $7 million.

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    Continued from page 1

    hearing one lengthy, drawn-out trial containing all charg-

    es, only the first mini-trial,referred to as 002/01, hasconcluded. A verdict is due inaround June.

    Because of the age of thosebrought before the KhmerRouge Tribunal (KRT), healthhas been a pragmatic concern.

    Ieng Thirith, the formerminister of social affairs, wasreleased on mental healthgrounds in late 2012. Her hus-band and co-defendant, IengSary, former Khmer Rougeminister of foreign affairs,died last year, leaving justChea and Samphan.

    The doctors completed theassessments on March 24 and25 in a kind of quiet period,

    when the two defendants hadmore time to themselves be-tween the first judgment andthe next phase of the case.

    According to the report,Chea no longer complainedof shortness of breath, thoughhe did have a backache and aright ankle that pained him.He can stand with the aid of a

    walker. Many of his problems,such as slow and stiff jointmovements and muscle wast-ing, are consistent with his

    age. Recent cataract surgerymeans that, with glasses, hecan read newspapers again.

    His energy level is now

    much better, the reportstates. At the end of the ses-sions, he would still looked[sic] quite well and smiles,and complained of only alittle backache. There wasan improvement comparedto March 2013 when Dr. Fa-zel last saw him, the reportstates, referring to Seena Fa-zel, a forensic psychiatrist andone of three on the team. Theothers are Dr Kin Ming Chan,a geriatric specialist, and DrLina Huot, a psychiatrist.

    The sessions were stoppedbecause the interviews andexaminations were com-pleted and not because NuonChea was unable to continue.Therefore, it is our opinionthat Nuon Chea could partici-pate in the full duration of thetrials with the usual breaks inbetween, the doctors wrote.

    They said Chea can be trans-ported to court in a wheelchairand that the use of audio-visual facilities from his hold-ing cell isnt needed. They alsorecommended a diet withoutbeans, peas, bean curds, soyaproducts, red meat and liver.

    We understand he was

    given tofu (bean curd prod-ucts) regularly in his diet,they wrote.

    When the doctors visitedSamphan, who was describedas being in good health, he

    was working on his computer.He had an exercise bicycle thathe pedalled when not exercis-ing outside the cell.

    He reads with a magnifyingglass, and admitted that whenit came to his diet, he said heate too much and needed tocontrol himself.

    From 9am to noon, Sam-phan works, then he has

    lunch, resuming work at 1pm.Three hours later, he rests,and at 6pm he exercises. Hereported sleeping well.

    He was actually reading abook titled Brother Enemy:The War After the War, andsaid that he was writing to de-bunk the wrong information

    written in the book, the doc-tors wrote, referring to a studyby Nayan Chanda of diplo-matic relations between sev-eral Southeast Asian nationsfollowing the Vietnam Warand the Khmer Rouge era.

    Though largely positive,

    the report still offered upmany descriptions of declineassociated with the elderly.Chea is frail and at risk ofde-conditioning with a rapiddecline of physical function.

    An assistant helped himsit up in bed. The doctorsrecommend continuing hisphysical therapy.

    Chea can remember hismothers profession (tailor),but occasionally forgets whathe ate for breakfast. Likewise,Samphan can remember themain topic of his thesis whenhe studied in France (indus-

    trial problems in Cambodia),but could sometimes not re-member what he did last weekor even the day before. Thedoctors also said his risk of astroke is higher since he hassuffered one in the past.

    Prosecutor William Smithdeclined to comment on thereport, due to its strictly con-

    fidential nature.Neither defence team has

    asserted that its client is unfitto stand trial, but both haverequested shorter or less fre-quent courtroom hearingsgiven their clients diminishedability to follow proceedingsfor long periods, somethingthe health assessment seemsto contradict.

    The defence for Cheadeclined to comment yester-day, citing, as Smith did, theconfidentiality of the report.

    But Kong Sam Onn, the na-tional lawyer for Samphan,said the report contained afew errors, and wasnt com-pletely accurate when it cameto his clients work and exer-cise schedule.

    He also said Samphan couldnot go whole days in the court-room with the usual breaks, asthe report says.

    Its not only the hours in thecourtroom, Sam Onn said,but he has to work with law-

    yers and the team.

    National

    4 THE PHNOM PENH POST APRIL 2, 2014

    Opportunity with AEON Microinance (Cambodia) Co., Ltd.

    AEON Microinance (Cambodia) Co., Ltd. established in Cambodia in October 2011 by Japanese

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    and CC: [email protected]

    Only short-listed candidates will be contacted for interview.

    Human Resource Section: 023 988 701

    Defendants receivepositive health report

    Khieu Samphan during the Trial Chamber hearing atthe ECCC in 2011. ECCC

    Nuon Chea during the second day of opening state-ments in Case 002 at the ECCC in 2011. ECCC

    @joefree215

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    National

    5THE PHNOM PENH POST APRIL 2, 2014

    Ministry reiterates holiday payMom Kunthear

    T

    HE Ministry of La-bour has announcedthat factory managers

    must allow employ-ees three days off for KhmerNew Year, even as some unionleaders encourage workers toextend that time.

    In a letter to factory ownersdated March 25, Labour Min-ister Ith Sam Heng remindsowners that workers have thelegal right to paid time off from

    April 14 until April 16.The ministry wants to men-

    tion that in cases where facto-ries cannot stop work for theholiday, owners and managersmust find employees who vol-unteer to work, Sam Hengsletter, obtained yesterday,reads. Those who work are en-titled to receive [double-time].

    Tomorrow, the leaders ofeight unions will send a letterto the Garment Manufactur-ers Association in Cambodia(GMAC) asking them to com-municate to factory ownersthat union members requestannual leave for April 17 to April23, said Pav Sina, president ofthe Collective Union of Move-ment of Workers (CUMW).This would ensure workers re-ceive pay while taking part in astay-at-home strike.

    Workers demand for aminimum monthly wage of$160 and for the court to dropcharges against 23 defendants 21 of whom are still detainedin prison arrested at Januarystrike demonstrations haveslowed since a boycott of over-time work in February, Sinasaid. But enthusiasm for thestrike is high.

    I often meet with factoryworkers to get an idea of howmany of them plan on strik-ing, Sina said yesterday. Mostof them are waiting for thestrike to begin and will notabandon their willingness toparticipate.

    Sok Lim, 23, who works atCanadia Industrial Park, saidshe looks forward to spend-

    ing time with her family overKhmer New Year, since it is theonly time of year she is able tovisit them. But Lims desire forhigher wages will keep her outof work an extra week.

    I will take another week offto demand a higher minimum

    wage and the release of 21 peo-ple, Lim said. I must join formy own benefit.

    Channyda Chhay

    and Laignee Barron

    A WILDLIFE sanctuary in Takeo

    province may provide refugefor birds, but its a source ofcontention for 68 Khmer Kromfamilies who stand to lose theirlivelihood.

    The local fisheries adminis-tration wants to evict villagersfrom the state-owned sanctu-ary in Borei Cholsar district, butthe families say theyve ownedtheir rice fields since emigrat-ing from Vietnam in the early1990s, long before a sanctuary

    was established.It was made into conserva-

    tion land by a 2007 sub-decreeto protect cranes and other

    wildlife, but villagers claimedno authorities came to mea-sure or mark it as state forestand they rarely see cranes, Ad-hoc provincial coordinator UnThanann said.

    Thanann said he gave villag-ers complaint papers to file forfurther investigation, but that

    Adhoc did not want to be ac-cused of incitement and wouldnot be representing the villagersin a court hearing tomorrow.

    Vy Mai, 41, a villager who wasquestioned in court last Thurs-day, said he was willing to part

    with his four hectares if it would

    be incorporated into the sanc-tuary and not passed to landconcession-holders.

    I asked the court to give me

    10 days to harvest my rice, andthen if the authorities want myland for the sanctuary I will giveit back, he said, adding he hadnot been offered compensation.

    According to a 2001 land law,Cambodia grants squattersrights after five or more yearsof continuous occupation, butland monitors say the policy israrely implemented.

    The procedure to registerland is very complicated andmany ethnic minorities andindigenous people are not edu-cated on the process of the law,so the government takes advan-tage of the situation and grantsland concessions to companiesand powerful men, said VannSophat, land reform coordina-tor at the Cambodian Centerfor Human Rights.

    Mai said the families havebeen locked in a dispute withMao Nhorn since 1996, whenthe commune chief was grant-ed a 100-hectare concession.

    If I had not built a canal in1996, the villagers would haveno water for their rice fields,Nhorn said.

    Fisheries Administration offi-cials declined to comment.

    Khmer Krom familiesface sanctuary eviction

    Garment workers leave Phnom Penh for the provinces on an overloaded vehicle prior to Khmer New Year in2013.VIREAK MAI

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    Bovine burglar back offthe wagon, back in cuffsA SVAY RIENG man must reallyhave a thing for buffalo: the30-year-old was arrested onMonday after leading five

    steeds off a farm in Chantreadistrict just two months afterfinishing jail time for anotherbovine defrauding. A farmerreported her cattle missing onSunday, and the following dayborder police spotted a manherding animals towards theCambodian-Vietnamese bor-der. The suspect confessed thathe was trying to sell the buffa-los and was arrested. NOKORWAT

    Club fight ramps up inintensity and speedA SUNDAY-NIGHT rumble inPhnom Penhs Tuol Kork dis-trict went from a nightclub turffight to a high-speed motochase. Two crews on badterms both showed up at aclub and an argument quicklyensued. One of the men hight-ailed it on a moto with his girl-friend, but they were followedby two men from the rivalgroup who tried to attack thecouple with a wooden stick.Police quickly intervenedbefore too much damage wasdone. NOKORWAT

    Hit-and-run driverruled drunk on loveA DRUNKEN driver moreattentive to his attractivecompanion than the road onMonday night found a sympa-thetic ear in the justice sys-tem. The distracted lovebirddidnt notice an oncoming

    moto while driving throughPhnom Penhs Sen Sok dis-trict and crashed head-onwith three men. The drunkdriver tried to flee the acci-dent, but police caught upbefore he could escape. Thevictims were hospitalised andpolice decided they wouldntmake an arrest for the hit andrun. KOH SANTEPHEAP

    Dealer tight-lipped topolice about sourceA 21-YEAR-OLD drug dealerrefused to tattle on her sourceafter she was arrested onMonday night. Police patrol-ling Phnom Penhs Chamkar-mon district spotted thewoman standing alone butwhen they walked towardsher she dropped her bags ofmethamphetamine and bolt-ed. Cops caught up andarrested her. She confessedshe had been dealing for sev-eral months, but wouldnt saywhere the drugs came from.DEUM AMPIL

    Criminal couldve beentoo careful in this caperA PHNOM Penh thief mayhave cased the joint a few toomany times. The 35-year-oldbroke into a home in the cap-itals Meanchey district lastNovember and stole theowners motorbike and car.When the owner came home

    to the theft, he called policeand told them about astranger that had been lurk-ing around the area for sometime. The suspect wasapprehended when he reap-peared in Meanchey districton Monday. DEUM AMPIL

    Translated by Phak Seangly

    POLICEBLOTTER

    National6 THE PHNOM PENH POST APRIL 2, 2014

    Stuart White

    THE InternationalUnion for the Con-servation of Nature(IUCN) on Monday

    warned that allegedly farmedpython skins originating fromCambodia could in fact havebeen harvested in the wild,and called for surveys to de-

    termine the scale and impactof possible python hunting inthe Kingdom.

    In a report on the sustain-ability of the python skinindustry which suppliesmanufacturers of luxurygoods like handbags theIUCN said that since it couldnot confirm the existence ofany python farms in Cambo-dia, shipments identified ashaving been farmed, such asa reported shipment of 2,000

    skins in the year 2000, shouldbe viewed with a measureof scepticism.

    Python skin exports usinga CITES source code C fromcountries other than China,Thailand and Viet Nam (e.g.,Cambodia, Indonesia, LaosPDR and Malaysia) should

    be treated with caution un-til improved data on farms,management and monitoringsystems are in place to verifycaptive production capaci-ties, the report reads.

    Field surveys should beconsidered in Viet Nam,

    and neighbouring countries(Cambodia, China, Lao PDR,Thailand), to determine if

    wild collection of pythons isstill occurring, and if so, at

    what scale and impact to localpopulations, it continues.

    The report hypothesisesthat farmed skins being

    exported as originating inVietnam could have beensold across the porous bor-der by rumoured pythonfarms in Cambodia.

    The IUCN, however, hasrecently been unable to findany registered farms.

    Nick Marx, director of wild-life rescue and care at Wildlife

    Alliance, said that he too hadno knowledge of such farmsin Cambodia, but was awareof python slaughterhouses.

    And while he was not famil-iar with any trade in pythonhides, he added, legal en-terprises that farm valuableanimals are often a smoke-

    screen that disguises illegaltrade in that species.

    If youve got a farm, itseasy to continue an illegal

    wildlife trade in that species,because they can say that itcomes from the farm, whenin fact it was harvested in the

    wild, Marx said, noting thatsome consider such farmsgood for conservation butin fact, its quite the oppo-site, unless the farms are veryclosely monitored.

    Attendants remove pythons from their enclosures for routine cleaning at a snake farm.PHOTO SUPPLIED

    Pailin landface-offcontinues

    with arrestChhay Channyda

    A VILLAGE representative wasarrested yesterday as about 50locals gathered outside Pailinsprovincial police station to callfor the release of three detainedvillagers who had protestedagainst a forced eviction.

    Tout Mak was arrested byauthorities after a speech decry-ing the 15 days locals weregiven to vacate an area in earlyMarch that officials maintain isstate land, despite the fact thatthe land was allegedly given tothem by local authorities morethan a decade ago as part of aKhmer Rouge integration plan.Pailin province was one of thelast strongholds of a KhmerRouge faction that laid down itsarms in the late 1990s.

    On March 2, provincial dep-uty governor Kert Sothea saidthat authorities had grantedthe land to villagers, but saidlater the land had to be takenback after provinces wereinstructed by the governmentto set aside parcels of state landfor future development.

    The first group of threedetained protesters, represent-ing 19 families in a land disputein Pailins Sala Krao district,

    were arrested on Monday afterDistrict Deputy Governor SamSarat filed a complaint allegingthey were ignoring a govern-

    ment directive to vacate thedisputed area, provincial policechief Chea Chandin said.

    Yat Lav, 27, Sotheas niece, saidauthorities informed Sotheathat they would be released if allthree agreed to thumbprint aletter committing to vacate theland. They didnt agree.

    District Deputy GovernorSarat denied that Chhien andhis wife owned the land. Chh-ien, a former bodyguard to PolPot, couldnt be reached.

    Python skin origins unclear

    Phak Seangly

    A SECOND person has beencharged by Ratanakkiri Pro-vincial Court for illegal loggingin the vicinity of the OuSinlair

    Waterfall ecotourism area,court officials said yesterday,and two local officials havereportedly skipped town toescape scrutiny, according torights group Adhoc.

    Court chief Suos Lar said thecourt had placed Hin Sitha,42, the chief of staff for a localrubber plantation, into pre-trial detention this week afteran investigation found that

    he was involved in logging theprotected area.

    He cleared three hectaresin one location, Lar said.

    Lar maintained that Sithahad acted independentlyof his employer, noting thecompanys machinery re-mained on the other side ofa canal from the site of the al-leged logging.

    Last week, the court chargedLumphat district forestrydepartment head MuengBunthin for colluding to clearthe forest around OuSinlair.

    I do not know how manypeople will be charged next,but I just know that there area lot, and that it depends oncourt procedure, said PhanPhoeun, the deputy chief ofthe provincial Forestry Ad-ministration who sent thecase to court.

    Lumphat District GovernorKong Srun and Kaleng com-mune police chief Nat Bunnahave fled following the arrests,

    Adhoc provincial coordina-tor Chhay Thy said yesterday.Srun had asked the court todelay a summons to appear,but was denied, he added.

    Srun, however, maintainedyesterday that he had cometo Phnom Penh for a meeting,and that he had asked for timeoff work because he was notfeeling well.

    In Ratanakkiri, logging

    crackdown expanding

    Illegal Thai phone tower closed

    Operation urgent for strike detainee

    Sen David

    A GROUP of Banteay Meancheyvillagers were called out byauthorities on Monday eveningfor allegedly using an illegalThai phone tower.

    Police in Sisophon com-mune, in conjunction with theMinistry of Posts and Telecom-munications, tracked downand fined residents of 10 homesusing the tower, Ou Borin, a

    deputy military police chief inBanteay Meanchey, said. Thetower connected to a Thai tel-ephone network, enabling sus-pects to make cheap calls tothat country, he said.

    Cambodian citizens mustnot use Thai telecom net-

    works, said Borin, who addedthat many local networks allowinexpensive international calls.It is illegal and does not ben-efit Cambodian companies.

    Officials discovered the towerwhen they were in the area tofix a nearby Cambodian net-

    work tower, Borin said.After receiving notification

    from the ministry, police inBanteay Meanchey arrestedresidents living in houses usingthe network, Borin said. Ratherthan detaining them, policerequired suspects to sign con-tracts saying they would notrepeat the offence.

    Sean Teehan

    REPRESENTATIVES for a detainee held since hisarrest at a strike in early January say the windowto operate on his broken hand is closing.

    Phnom Penh Municipal Court on Friday willhear a special temporary bail request for SokunSombath Piseth, 31, one of 21 people held inKampong Chams Correctional Centre 3 sincecrackdowns on January 2 and 3, said Naly Pilorge,director of Licadho, which is providing legal rep-resentation for Piseth.

    The hospital in Kampong Cham says [his

    hand] was broken in four places, Pilorge said.There is a time limit where you can operate on

    a broken bone.Piseth is asking to be released from CC3 for

    five days to receive surgery.His two previous bail requests along with the

    other defendants were denied. But a doctorrecently advised that if he does not undergosurgery for the broken hand soon, his injurycould render him permanently disabled,Pilorge said.

    All defendants arrested during the demonstra-tions are scheduled for trial on April 18.

    They can say that it comesfrom the farm, when infact it was harvested in

    the wild

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    Hor Kimsay

    DUE to political in-stability and unrestin the garment sec-tor, foreign direct

    investment has fallen andCambodias economy is pro-

    jected to grow only seven percent this year, slightly downfrom 2013, according to a newreport from the Asian Devel-opment Bank (ADB) released

    yesterday.In the report, titled Asian

    Development Outlook 2014,ADB estimated that CambodiaGDPs growth was 7.2 per centlast year. While growth reviseddownward, the ADB says infla-tion is expected to rise 3.5 percent this year from three percent in 2013, due to tighteningof procedures at customs.

    Poullang Doung, senioreconomics officer at the ADB,said that even if the infla-tion rate gets higher, it is stillcontrollable, and that overall,the countrys development ispositive.

    The economic growth rateof 7 per cent is already strong

    growth, Doung told reportersyesterday at the hotel duringa presentation of the report.Even though the inflationrate increases to 3.5 per cent,it is still manageable and it isnothing to be worried about.

    The expected slowdown in2014 is due mainly to politicaltension and garment strikesthat have disrupted produc-tion late last year and earlythis year, according to the re-port. In January, military po-lice killed at least four garment

    workers during a protest. The

    opposition Cambodia Nation-al Rescue Party is still boycot-

    ting parliament over the 2013election results.

    Inflows of net foreign directinvestment (FDI) were buoy-ant at $1.3 billion, though thatfigure represented a declinefrom the previous year, partlya result of political tensionsafter Cambodias nationalelections in July 2013, the re-port said, without going intodeep detail.

    In 2014, industry growth driv-en by exports of garments andfootwear to the United Statesand European Union is project-

    ed to ease to 8.7 per cent from10.5 per cent the year before.

    Services sector growth is ex-pected to moderate to 7.1 percent from 8.4 per cent.

    Hiroshi Suzuki, chief econ-omist at the Business Re-search Institute for Cambodia(BRIC), said that the growthrate of seven per cent is goodfor Cambodia, and it will helpthe government to reduce thepoverty rate by at least 1 percent annually.

    The inflation rate in Cam-bodia is still less than that ofneighbouring countries suchas Vietnam (6.2 per cent),

    Myanmar (6.6 per cent), Indo-nesia (5.7 per cent) and Laos

    (5.5 per cent), he said.Suzuki added that impacts

    on investment arent grave.There are some kinds of

    risks which could affect fu-ture investment; however, thepolitical situation in Cambo-dia seems to be a very limitedrisk.

    According to the ADB, theprospect for economic growthin Cambodia looks brighterfor 2015, supported by eco-nomic recovery in the EU andUS, Cambodias main exportmarkets.

    7THE PHNOM PENH POST APRIL 2, 2014

    Business

    Protesters chant along Veng Sreng Boulevard in front of fires during protests that turned violent in PhnomPenh in early January. PHA LINA

    Unrest crimps growth Cambodian riceexports fall in Q1May Kunmakara

    AS THAILAND sells its ricereserves and reforms in Myan-mar are rewarded with moreaccess to markets abroad,Cambodias total exports ofmilled rice are on the decline,falling more than 10 per centin the first quarter of this yearcompared with the same peri-od in 2013, according toindustry insiders.

    The Myanmar Rice Federa-tion said in March that thecountry, once a major riceexporter to the world beforebeing hit with sanctions, is ata turning point.

    Once barred from trade andisolated, Myanmar is benefit-ing from duty-free prefer-ences enjoyed by Cambodiaand other emerging marketsdue to a broad range of polit-ical reforms passed sincePresident Thein Sein came topower in 2011.

    In the previous three to fouryears, the country has export-ed about a million tonnes of

    rice. That figure should dou-ble by 2020.

    Thailand is coming out of afailed rice-subsidy schemethat left the country withmore than 10 million tonnesof milled rice.

    At least one million tonneshave been sold since March,according to industry publi-cation Oryza, citing the USDepartment of Agriculture.

    Data from the Secretariat ofOne Window Service for RiceExport Formality showed thatCambodia exported some

    84,330 tonnes of rice betweenJanuary and March, downfrom 95,228 tonnes in thesame period last year, an 11per cent drop.

    Kim Savuth, who runs hisown rice exporting company,Khmer Food, while also serv-ing as the president of theFederation of Milled RiceExporters of Cambodia, saidthere is nothing to fret over,since most of the declinecame last month.

    We are not in the severesituation, as it just dropped inMarch, he said.

    Ken Ratha, spokesman forthe Ministry of Commerce,said the ministry has set up acommittee to establish aNational Rice Millers Federa-tion to deal with issues likethese.

    We do hope that after theestablishment, it will be a bighelp for their concerns and toboost the export of milledrice, Ratha said.

    It doesnt mean that we donothing now. All of the chal-

    lenges have been taken intoaccount, he added. We areurging more investment inthe rice sector. That will be thebig help to boost the industryto compete with others.

    Savuth, from the Federationof Milled Rice Exporters ofCambodia, said that in orderto compete, the countryshould promote its recentbrand victories, referring to astrain of Cambodian rice win-ning the Worlds Best Rice

    Award for the second year ina row.

    USD / JPY

    102.84

    USD / SGD

    1.2586

    USD /CNY

    6.2181

    USD / HKD

    7.7575

    USD / THB

    32.38

    AUD / USD

    0.9247

    NZD / USD

    0.8661

    EUR / USD

    1.375

    GBP / USD

    1.663

    Indicative Exchange Rates as of 31/3/2014. Please contact ANZ Royal Global Markets on 023 999 910 for real time rates.

    USD / KHR

    4,000

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    Business

    8 THE PHNOM PENH POST APRIL 2, 2014

    Last-minute buys

    Buyers stockup as Japantax goes up

    K

    AZUYUKI Mouri, aJapanese game deve-

    loper, recently spent$500 on toilet paper and softdrinks to last him for the nextthree months.

    Like many shoppers, the33-year-old stocked up beforeyesterday, when Japans na-tional sales tax rose from fiveper cent to eight per cent thefirst increase since 1997. Illneed to cut back on expensesbecause we have to deal withthe tax hike, Mouri said.

    Japan is bracing for a pos-sible fallout from the tax, withfirms including Sony, Sharpand Toyota anticipating softerdemand after a spike in last-minute purchases. The tax riseis part of Premier Shinzo Abeseffort to rein in the worldsbiggest debt burden.

    While the effects for dailynecessities may be short-lived,sales of the more expensivegoods such as cars and homeappliances could take longer torecover. At one Tokyo mall, bighome appliances like fridgesand washing machines, andcosmetics and Rolexes wereamong the most popular itemsbefore the tax rise. BLOOMBERG

    Thai bank forecastsbetter sailing ahead

    ECONOMIC growth

    in the first quartermay contract com-pared with the previ-

    ous quarter as there are solidsigns of a downtur n, but a re-covery in exports and tourismis expected to revive momen-tum in the second quarter, asenior Bank of Thailand offi-cial has said.

    Declining domestic de-mand has depressed busi-ness operations, resulting in adecade-high unemploymentrate. However Mathee Su-papongse, the central bankssenior director of macroeco-nomic and monetary policy,said the economys contrac-tion in the first quarter wasexpected by the bank, thoughit anticipates improvement inthe second half.

    Thai economic growth inthe second quarter is expect-ed to improve thanks to an ex-ports recovery and a boost inthe tourism industry, giventhat the emergency decreehas been lifted and the po-litical tension has not esca-lated, Mathee sa id.

    Further assessment of otherindicators, such as the un-

    employment rate and export

    growth, have to be made apartfrom quarterly GDP growth.

    Annual exports contracted 0.2per cent last year, while the

    jobless rate rose to 0.9 per centin January from 0.7 per cent a

    year before, as unemploymentin the industrial sector rosemore than expected.

    The private consumptionindex fell in February and thetourism sector contracted 8.1per cent, down from a 0.1 percent dip in January.

    However, Mathee remainsoptimistic that the Thai econ-omy can grow 2.7 per cent this

    year because domestic con-sumption and private invest-ment maintained their levelsthe previous two months. Thecentral bank cut its growthprojection for this year from4.8 per cent to 2.7 per cent be-cause of the ongoing politicaldivide posing greater down-side risks to the economy.

    If the country has a func-tional government in placefor the second half of this year,confidence in business will berestored and public spending

    will resume. Investment willalso be improved, he said.

    Export growth of 4.5 per cent

    this year is possible if monthlyexports can grow by $19.6 bil-lion, Mathee said, adding thatexport growth is seasonallyadjusted so the growth ratehas to be observed quarter-by-quarter. Merchandise ex-ports grew 2.2 per cent lastmonth, up from a 1.5 per centcontraction in January thanksto improving global demand.

    Household debt per GDP isexpected to rise only slightlybecause consumer loans havedeclined substantially and theunemployment rate remainsbelow one per cent, he said.

    The current account regis-tered $5.06 billion last month,up from $263 million in Janu-ary. The massive current ac-count was attributed to a tradesurplus after a gain in exportsand sharp drop in imports.

    Kasikorn Research Cen-ter (K-Research) anticipatespolitical unrest might dragdown consumption demandthrough the second half of the

    year, resulting in consumptiongrowth of only 0.1 per cent this

    year, down from 1.4 per centforecast earlier. The researchhouse added the government

    is unlikely to finish the 2015annual budget before the nextfiscal year begins in October,causing government spendingto crater in the fourth quarter.

    K-Reseach trimmed its eco-nomic growth forecast for itsbase case scenario to 1.8 percent from three per cent pro-

    jected in January, with a pro-jected range of 1.3 per cent to2.4 per cent assuming a vaguerecovery in consumption andinvestments. The worst casescenario is a contraction of 0.2per cent to 0.6 per cent, whilethe best case scenario is 2.4 percent growth. BANGKOK POST

    Western tourists ride a boat along the shoreline of Koh Raya, part ofThailands territory in the Andaman Islands, near Phuket. AFP

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    Markets

    9THE PHNOM PENH POST APRIL 2, 2014

    Business

    China still floundering

    C

    HINESE manufac-turing gauges yester-day pointed to weak-ness in the worlds

    second-biggest economy thatcould prompt the CommunistParty leadership to roll out ad-ditional support measures.

    A purchasing managersindex fell to 48 in March, thelowest reading since July, from48.5 in February, HSBC Hold-ings Plc and Markit Econom-ics said. A separate PMI fromthe government, with a largersample size, was at 50.3 from50.2 the previous month.

    The reports underscorewhat Premier Li Keqiang lastweek called difficulties andrisks as he tries to controlsurging debt, default dangersand pollution that threatensto stoke public discontent. Lisaid the nation has policies inreserve to support economicgrowth after the cabinet saidit would accelerate construc-tion spending.

    We expect Beijing to fine-tune policy sooner ratherthan later to stabilise growth,said Qu Hongbin, chief Chinaeconomist at HSBC in HongKong, adding that the pace offirst-quarter growth is likely tohave fallen below the nationsfull-year target of 7.5 per cent.

    Li said last week he was con-fident China will keep eco-nomic growth in a reasonablerange. The nation will gradu-ally introduce powerfulmeasures, including speedingup construction of key invest-ment projects and buildingrailways, roads and irrigationinfrastructure, he said.

    Analysts are split over wheth-er the central bank will cutbanks reserve requirementsfor the first time since May2012. Hu Yifan, chief econo-mist at Haitong InternationalSecurities Group Ltd in HongKong, said yesterday that thegovernment will do so to aid

    the broader economy, whileJPMorgan Chase & Cos ZhuHaibin said he doesnt expectsuch a move, which shoulddepend on capital flows.

    Fiscal and monetary policyare not too tight right now the key is to boost the effi-ciency of fiscal and monetarypolicy, Zhu said.

    Currently credit growth isnot slow compared with GDPgrowth, but the efficiency ofcredit is declining.

    While todays official PMIwas the lowest for March infigures dating to 2005, a sub-index of new export ordersrose to 50.1 from 48.2, indicat-

    ing the first expansion sinceNovember. Yesterdays reportsuggests growth is poised tostabilise, Zhang Liqun, a re-

    searcher with the State Coun-cils Development ResearchCenter, said in a statement.

    Government officials willmonitor power output, coal us-age and crude-oil processing,after the National Develop-ment and Reform Commissionsaid on March 26 that it sawsigns of economic improve-ment last month in those data.

    The Asian DevelopmentBank yesterday forecast Chinasgrowth to be more moderatein the years ahead, given slow-ing investment growth and thegovernments implementationof structural reforms.

    The multilateral lender fore-cast Chinas GDP growth at 7.5percent this year and 7.4 per-cent in 2015.

    The reform agenda . . .has the potential to improvethe quality of growth, makegrowth more inclusive, andensure it is sustainable overthe long term, ADBs deputychief economist Zhuang Ju-zhong said in a statement.

    But as the changes roll outgrowth could slow furtherbefore it stabilises or risesagain. BLOOMBERG/AFP

    An employee loads bottles onto a conveyor at the Nestle Dongguanfactory in Chinas Guangdong province. BLOOMBERG

    HK latest to open probeinto forex rate riggingHONG Kong yesterday said itwas investigating numerousbanks for alleged foreignexchange market manipulation,the latest in a series ofinternational probes. Globalregulators are investigating a

    number of firms linked to thesuspected rigging of the forexmarket, which sees estimateddaily trading worth $5.3 trillion.The US, Britain and Switzerlandhave also opened probes intowhether banks manipulatedforeign exchange. Switzerlandsaid on Monday it wasinvestigating a range of banks,including UBS and CreditSuisse, over currency marketmanipulation suspicions. AFP

    Yet more recalls as GMchief exec faces grillingGENERAL Motors recalledanother 1.5 million carsglobally on Monday, this timefor a power steering issue, justa day before CEO Mary Barrafaces questioning in Congressover why the firm ignored afaulty ignition problem for adecade despite numerousaccident reports and 13 deaths.The hearing is the first in whatis likely to be a mounting pile oflegal troubles for GM, includinga Justice Department probeand lawsuits from peopleinjured and families of thosewho died in crashes allegedlytied to the ignition issue. AFP

    Australiaholds ratessteady atrecord low

    AUSTRALIAS centra l bankyesterday kept interest rates ata record low 2.5 per cent for aseventh straight board meet-ing amid only tentative signsthat the non-mining economyis improving.

    The central bank indicated aperiod of stability in the cashrate as the commodity-pow-ered nations transition awayfrom its reliance on the miningsector struggles to take hold.

    Governor Glenn Stevens saidconsumer demand had firmedslightly, foreshadowing a solidexpansion in housing construc-tion, while business conditionsand confidence had alsoimproved and exports were up.But at the same time, resourcessector investment spending wasset to decline significantly.

    At this stage, signs ofimprovement in investmentintentions in other sectors areonly tentative, he said.

    Public spending was also setto be subdued while the unem-ployment rate currently at 6.0per cent, the highest in a decade was expected to rise a littlefurther in the near term. AFP

    IFC, a member of the World Bank Group, is the la rgest global development institution focused exclusively on

    the private sector. Working with private enterprises in more than 100 countries, we use our capital, expertise,

    and influence to help eliminate extreme poverty and promote shared prosperity. In FY13, our investments

    climbed to an all-time high of nearly $25 billion, leveraging the power of the private sector to create jobs and

    tackle the worlds most pressing development challenges. For more information, visit www.ifc.org.

    In the Mekong region, our advisory services are delivered in partnership with Canada, the European Union,

    Finland, Ireland, Japan, Korea, the Netherlands, New Zealand, and Switzerland.

    To help Cambodia improve its business environment, specifically in the area of conflict resolution, IFC has

    been supporting t he government and private sectors since 2009 to establish a well-functioning National

    Commercial Arbitration Center (NCAC formerly known as NAC). Following the recruitment of the first

    group of arbitrator candidates in early 2010, IFC has supported the training of NCACs arbitrators. The training

    program which covers Cambodian Commercial Laws Course Commercial Arbitration Skills was completed

    in March 2014.

    The NCAC was officially launched on March 4, 2013. Following the launch, IFC signed a Cooperation

    Agreement with the NCAC to provide direct technical assistance for the period from July 2013 to December

    2014. This support includes advisory services on management and operation of the center, continued ca pacity

    building for arbitrators and promotion of centers services.

    As a continuing support, IFC proposes to hire a technical consultant for around 70 working-days to provide

    technical and operational supports to the Executive Board of the NCAC between May 1, 2014 and December

    31, 2014.

    Working closely with IFC team members, the consultant will carry out the following tasks:

    Support the NCAC Executive Board in the process of finalizing and adopting of all required internaldocuments for operations of the NCAC;

    Support the NCAC Executive Board to organize the General Assembly and other meetings; Support the NCAC Executive Board in the implementation of the activities planned and other

    policies adopted by the Executive Board; and

    Support the NCAC Executive Board to secure funding for the first three years of NCACs operation;Interested candidates are expected to have the following qualification:

    At least a Master Degree in Business Administration, Development Studies, or other related fields At least ten years of working experience with at least 5 years in managerial level Sound knowledge of commercial legal framework in Cambodia Sound knowledge of commercial transactions and business communities in Cambodia Good understanding of the political economy of the law enforcement in Cambodia Good relationship management and people skills Fluent in English

    Applications should be in English and submitted electronically through https://wbgeconsult2.worldbank.org/

    wbgec/index.html, selection #1139439 or directly to Ms. Tonie Tan with address:

    5th Floor, Phnom Penh Tower, #445, Monivong Blvd, Phnom Penh, Cambodia.

    Tel: 023 863 200

    E-mail: [email protected]

    Application should be submitted by April 10, 2014.

    Only short-listed candidates will be contacted for interview.

    OPPORTUNITY FOR SHORT TERM CONSULTANT

    Alternative Dispute Resolution Project

    Phnom Penh

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    Business

    10 THE PHNOM PENH POST APRIL 2, 2014

    THE FBI said yesterday that it

    was investigating high-speedtrading on Wall Street, a con-troversial practice in whichcomputers carry out transac-tions in seconds or faster.

    Investigators are lookinginto possible securities fraud,

    wire fraud and insider tradingby companies or people whoengage in this kind of tradingbased on rapid transactionsusing complex algorithms, anFBI spokesman said.

    The official would not saywhether the probe is beingcarried out in conjunction

    with New York State AttorneyGeneral Eric Schneiderman.

    The attorney general has formonths been probing high-speed traders, which he saysare a potential source of un-fair competition.

    Debate on high speed trad-ers was renewed on Monday

    with the release of the bookFlash Boys: a Wall Street Revoltby Michael Lewis.

    Lewis argues that the NewYork bourse is plagued withtraders who profit time-wisefrom ultra sophisticated tech-nologies that other investorscannot match. AFP

    High-speedtrading inFBIs sights

    Top US court hears software case

    THE US Supreme Courtgrappled on Monday

    with the standardsfor software patents,

    considering the issue for the

    first time in decades in a casethat has divided the comput-er industry.

    Moving from questionsabout computer code to hy-pothetical examples involvingKing Tut and Archimedes, the

    justices spent an hour-longargument searching for prin-ciples to govern hundredsof thousands of patents thathave a software component.

    Although several justices sug-gested scepticism about dis-puted financial-services pat-ents owned by an Australiancompany, the session ended

    with no clear consensus onbroader principles.

    The case has drawn in doz-ens of companies. Retail-ers and internet businessesincluding Google say thecourt should help weed outbaseless royalty demandsover common ideas such ase-commerce or web hosting.Software makers led by Micro-soft say overly strict limits onpatents would reduce incen-tives to develop cutting-edgeprograms that detect when acar airbag should deploy or letpeople alter photographs.

    Justice Stephen Breyer lik-ened the courts task to Odys-seus journey in Greek mythol-ogy between two sea monsters,Scylla and Charybdis. Thecourt is sailing between thesetwo serious harms, he said.

    The case concerns claimsthat CLS Bank International,a New York-based provider of

    settlement services, infringedpatents owned by Melbourne-based Alice Corp. The patentscover a computerised systemfor using an intermediary tolimit the risk that one party toa derivative trade will renegeon its obligations.

    CLS says Alices patents runafoul of Supreme Court deci-

    sions that say abstract ideasarent entitled to legal protec-tion. Alice, which is partiallyowned by National AustraliaBank Ltd, said the abstract-

    idea exception to patent eligi-bility is a narrow one.

    Justice Ruth Bader Ginsburgsuggested that Alices argu-ment was doomed by a 2010Supreme Court decision thatlimited patents on businessmethods by rejecting a patenton a system for hedging en-ergy trades. She asked Aliceslawyer, Carter Phillips, howhis clients idea was any lessabstract than hedging.

    Breyer took the court on ajourney through the ancientworld and his own youth ashe pressed Phillips to explain

    what was so innovative aboutthe Alice idea. Describing Al-ices idea as merely ensuringthat someone didnt becomeinsolvent, Breyer said it waslike a man with an abacustelling King Tut he had givenaway more of his gold than hehas in storage.

    Breyer later invoked the an-cient Greek scientist Archime-des in his questioning.

    Phillips said the patentscovered a system that actu-ally blocks specific transac-tions that otherwise wouldviolate the terms of the settle-

    ment that would ultimatelybe implemented.

    The lawyer for CLS, MarkPerry, told the justices thatthe Alice patents dont claim

    anything that was not con-ventional, well-understoodand routine.

    Perry told the justices theydidnt need to do more thanapply two recent rulings, thebusiness-methods case anda 2012 ruling limiting patentson diagnostic medical tests.

    The Obama administrationis urging the court to issue abroader ruling that would putnew limits on the availabilityof software patents. SolicitorGeneral Donald Verrilli toldthe court that software waseligible for patenting only ifit improved the functioningof the computer technologyor is used to improve anoth-er technology.

    Chief Justice John Robertswas sceptical, saying the gov-ernment had offered a non-exhaustive list of six consid-erations for patent examinersto weigh. Im just doubtfulthat thats going to bring aboutgreater clarity, Roberts said.

    The Supreme Court has nev-er directly said software canbe patented, though cases inthe 70s and 80s involved soft-

    ware-related inventions. AFP

    The US Supreme Court was asked to consider software patents. AFP

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    Markets

    11THE PHNOM PENH POST APRIL 2, 2014

    Business

    International commoditiesEnergy

    Agriculture

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    Thai Set 50 Index, Mar 31

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    H ang Seng Ind ex , M ar 3 1 CS I 3 00 Ind ex , M ar 31

    Nikkei 225, Mar 31 Taiwan Taiex Index, Mar 31

    Ho Chi Minh Stock Index, Mar 31

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    4750

    5000

    5250

    5500

    4500

    4750

    5000

    5250

    5500

    South Korea Philippines

    Laos Indonesia

    India Pakistan

    Australia New Zealand

    KOSPI Index, Mar 31 PSEI- Philippine Se Idx, Mar 31

    Laos Composite Index, Mar 31 Jakarta Composite Index, Mar 31

    BSE Sensex 30 Index, Mar 31 Karachi 100 Index, Mar 31

    S&P/ASX 200 Index , Mar 31 NZX 50 Index , Mar 31

    5,389.17

    27,483.9822,370.19

    4,862.701,323.69

    6,514.721,991.98

    5,122.52

    Item Unit Base Average (%)

    Gasoline R 5250 5450 3.81 %

    Diesel R 5100 5200 1.96 %

    Petroleum R 5500 5500 0.00 %

    Gas Chi 86000 76000 -11.63 %

    Charcoal Baht 1200 1300 8.33 %

    Energy

    Construction equipment

    Item Unit Base Average (%)

    Rice 1 R/Kg 2800 2780 -0.71 %

    Rice 2 R/Kg 2200 2280 3.64 %

    Paddy R/Kg 1800 1840 2.22 %

    Peanuts R/Kg 8000 8100 1.25 %

    Maize 2 R/Kg 2000 2080 4.00 %

    Cashew nut R/Kg 4000 4220 5.50 %

    Pepper R/Kg 40000 24000 -40.00 %

    Beef R/Kg 33000 33600 1.82 %

    Pork R/Kg 17000 18200 7.06 %

    Mud Fish R/Kg 12000 12400 3.33 %

    Chicken R/Kg 18000 20800 15.56 %

    Duck R/Kg 13000 13100 0.77 %

    Item Unit Base Average (%)

    Steel 12 R/Kg 3000 3100 3.33 %

    Cement R/Sac 19000 19500 2.63 %

    Food -Cereals -Vegetables - Fruits

    Cambodian commodities(Base rate taken on January 1, 2012)

    COMMODITY UNITS PRICE CHANGE % CHANGE TIME(ET)

    Crude Oil (WTI) USD/bbl. 101.34 -0.24 -0.24% 4:26:34

    Crude Oi l (Brent) USD/b bl. 107 .69 -0.07 -0.06% 4:26:14

    NYMEX Natural Gas USD/MMBtu 4.35 -0.02 -0.39% 4:26:42

    RBOB Gasoline USd/gal. 291.1 -0.69 -0.24% 4:26:17

    NYMEX Heating Oil USd/gal. 292.94 -0.04 -0.01% 4:26:21

    ICE Gasoil USD/MT 898.25 3.25 0.36% 4:26:21

    COMMODITY UNITS PRICE CHANGE % CHANGE TIME(ET)

    C BOT R ough Rice USD/cw t 15. 59 -0.02 -0.10% 1:42:29

    CME Lumber USD/tbf 337.5 1.7 0.51% 3:47:28

    Africa experiences cosmetics boom

    NIGERIAS Kuddy Cosmet-ics began as a one-womanbusiness run out of a suit-case, with Kudirat Fashola

    bringing beauty products back from

    the United States in her luggage.More than 20 years later, her daugh-

    ter Zainob helps run the company,which now wholesales leading beautybrands and is flooded with requestsfrom companies anxious to crack thefast-growing cosmetics market in Af-ricas most populous country.

    They love Nigeria. Every week Iget emails . . . [International] brandssee it as a large, growing market, the26-year-old said.

    The trend applies across sub-Saha-ran Africa, where global companiessee a region poised for sustainedgrowth over the next decade and apotential middle class boom.

    But industry experts say that win-ning the loyalty of Africans in thecosmetics sector poses challenges.

    Unlike a bottle of beer or a flatscreen television, some productsmust be designed specifically for lo-cal consumers.

    Sub-Saharan Africa currently ac-counts for just three per cent of glob-al beauty products sales. But thatshare is expected to grow at doublethe rate of the market, LOreal saidearlier this month.

    This market is going to becomevery significant, LOreals directorfor the Middle East and Africa, GeoffSkingsley, said in a statement.

    To reach its stated goal of becomingthe highest-selling brand in sub-Sa-haran Africa, LOreal has begun rein-forcing its existing commercial hubsin Kenya, Nigeria and South Africa.

    In addition to its existing produc-tion plants in Kenya and South Af-rica, the group is also looking at thefeasibility of opening a third facil-ity in west Africa, although Nigeria

    would be an unlikely choice given itswoeful electricity supply.

    For LOreal, research is crucial togrowing its African market share,including at a facility in South Africa

    which the company said enables thegroup to evaluate formulas for thespecific needs of consumers in theregion particularly hair and skin.

    The company said that 60 per centof its sales in sub-Saharan Africa werefrom products designed specificallyfor Africans, priced anywhere from a

    few cents to under $10 per unit.Bestsellers include Dark and Love-

    ly, which has become the worldstop-selling hair straightener kit, ac-cording to the group.

    A 2012 study of the colour cosmet-ics market in South Africa by theEuromonitor group lent support tothe notion that offering innovativeproducts tailored to local demandshad far more influence on salesthan brand loyalty.

    A prominent example was the suc-cess of a daily hydration cream thatoffered built-in sun protection.

    Describing South African custom-ers as fickle and with weak brandloyalty, Euromonitor predicted

    products that increasingly offer acombination of benefits will likelybecome bestsellers.

    Fashola said description could eas-ily apply also to Nigerian consumers.

    While wholesale generates thebulk of Kuddy Cosmetics revenue,the company also has a small retailshop. The outlet is in the sprawlingIkota shopping complex in Lagossrapidly expanding Lekki neighbour-hood, which resembles the subur-ban US in places and is home tomany members of Nigerias newupper-middle class.

    Customers entering the shop of-ten voice interest in purchasing bigname US brands like Olay and BlackOpal but can be persuaded to buya lesser known brand if it promisessome key value-added criteria.

    She specifically cited a well-doc-umented preference among someblack African woman for skin-light-ening products.

    With skin care, it has alwaysbeen about lightening . . . This is nota new thing, she said.

    Any producer who is flexible andwilling to cater to Nigerians can suc-ceed in the country, she said, ex-plaining that sales had increaseddramatically for the Turkish cos-metics Bio Balance.

    She attributed that to her Turk-ish partners also being based in anemerging market, which meant theyunderstand some of the challengesNigerian businesses face.

    As a result, they were very easy towork with, she added.

    Customers may like the sound ofa product Made in France but they

    will happily buy Turkish. AFP

    Models get ready before a fashion show held to mark Valentines day, at a stadium inBangui, Central African Republic, on February 14. AFP

    JOB ANNOUNCEMENT

    GL FINANCE PLC. is a subsidiary of the leading leasing company in ThailandGroup LeasePCL., quoted on the Stock Exchange of Thailand. GL Finance is the first financial leasingservice in Cambodia since 2012, and provides financing on motorcycles and agriculturalmachinery through partnerships with industry leaders (Honda, Kubota).

    GL Finance covers the entire territory of the Kingdomof Cambodia, and is facing a number ofchallenges in its fast pace growth.

    We are now seeking qualified and passionate individuals to support our expansion.

    Position : Sales Supervisor

    Location :Head Office, Phnom PenhSalary : 400$ - 700$ depending on qualifications

    1. RESPONSIBILITIES:

    Visit, control and improve sales forces efficiency on the field (nationwide)Evaluate and improve on-site marketing in each point of sales

    Insure a satisfying relationship between GL Finance and its commercial partners

    Recommend appropriate communication / advertising channels for each province

    Maintain an updated benchmark of GL Finances market

    Provide continuous leadership, supervision, training and development of operation staffensuring an effective and motivated team.

    2. REQUIREMENTS:

    Experienced candidates are preferred; outstanding unexperienced candidates will be

    considered

    Interest in marketing and creative personality, market analysis skills, leadership

    Very good Khmer and English expression

    Very frequent trip to province

    Ability to work in a multicultural environment

    More detail please contact GL Finance HR and Admin Department:

    Tel: 066 669 327/ 098 505 559/ 097 500 5559

    E-mail Address: [email protected]

    Website: www.gl-f.com

    GL Finance PLC

  • 5/28/2018 20140402

    12/24

    12 THE PHNOM PENH POST APRIL 2, 2014

    WorldOne killedin Bangkokgun attack

    A THAI anti-government pro-tester was shot dead and sev-eral others wounded yesterday

    whe n the ir con voy wasattacked on a busy expressway,officials said, reigniting ten-sions in Bangkok after weeksof relative calm.

    The victims, supporters of amilitant faction of the opposi-tion movement, were returningfrom a rally at a governmentcomplex in the north of thecapital when they were fired onby unknown assailants.

    The protesters want PrimeMinister Yingluck Shinawatrato step down to make way foran unelected interim govern-ment to oversee reforms aimedat curbing the political domi-nance of her billionaire family.

    A 52-year-old man was killedand four others were wounded,according to the citys Erawanemergency centre.

    The splinter group that wasattacked, the Network of Stu-dents and People for theReform of Thailand, has oftenbeen at the vanguard ofattempts to storm state build-ings during five months ofrallies seeking to oust PrimeMinister Yingluck Shinawatra.

    The shooting lasted foraround two minutes the con-voy stopped and everyone tookshelter as they raked bulletsover the vehicles, group leaderUthai Yodmanee said.

    The dead man was a guardfor the group and was shot ashe stood on a truck passingalong the expressway, he said,adding that the gunmenappeared to be holed up inapartment blocks.

    Thailand has been shaken bya series of grenade attacks andshootings, often targeting pro-testers, that have left 24 peopledead and hundreds woundedin recent months.

    The violence had eased sincethe rallies were scaled back atthe start of March when dem-onstrators abandoned theiroccupation of major intersec-tions in Bangkok and con-verged in a park in the city.

    According to our initial intel-ligence information, it defi-nitely involved politics, saidParadorn Pattanatabut, a secu-rity adviser to the premier, of

    yesterdays shooting.It is hard to control the situ-

    ation, he said, adding thathardliners were mixed up in thedeadly political crisis.

    Yingluck testified on Mondayin front of anti-graft officialsover negligence charges thatcould lead to her removal fromoffice and a ban from politics.

    She asked the National Anti-Corruption Commission(NACC) leading the probe toquestion 10 further witnessesand give her more time to makea full defence. After consideringthe request, NACC officials yes-terday said it would question

    just three more witnesses butstopped short of setting a datefor the next hearings. AFP

    Liberia: unprecedented ebola epidemic has spreadAID organisation Doctors Without Bor-ders said on Monday that an ebola out-break suspected of killing dozens inGuinea was an unprecedented epi-demic as Liberia confirmed its firstcases of the deadly contagion.

    Guineas health ministry this year hasreported 122 suspicious cases of viralhaemorrhagic fever, including 78deaths, with 22 of the samples takenfrom patients testing positive for thehighly contagious tropical pathogen.

    We are facing an epidemic of a mag-nitude never before seen in terms ofthe distribution of cases in the country:Gueckedou, Macenta, Kissidougou,Nzerekore, and now Conakry, Mari-ano Lugli, the organisations coordina-tor in the Guinean capital, said in astatement.

    The group, known by its French ini-tials MSF, said that by the end of the

    week it would have around 60 interna-

    tional field workers with experience inworking on haemorrhagic fever dividedbetween Conakry and the southeast ofthe country.

    MSF has intervened in almost allreported ebola outbreaks in recent

    years, but they were much more geo-graphically contained and involvedmore remote locations, Lugli said.

    This geographical spread is worri-some because it will greatly complicatethe tasks of the organisations working

    to control the epidemic.The World Health Organization

    (WHO) and local health authoritieshave announced two ebola cases amongseven samples tested from Liberiasnorthern Foya district, confirming forthe first time the spread of the virusacross international borders.

    Liberian Health Minister WalterGwenigale told reporters the patients

    were sisters, one of whom had died.

    The surviving sister returned to Mon-rovia in a taxi before she could be iso-lated and the authorities fear she mayhave spread the virus to her taxi driverand four members of her family.

    The woman and those with whom shehas come into contact are in quarantinein a hospital 48 kilometres southeast ofMonrovia, Gwenigale said.

    Ebola has killed almost 1,600 peoplesince it was first observed in 1976 in

    what is now the Democratic Republic

    of Congo but this is the first fatal out-break in west Africa. The tropical virusleads to haemorrhagic fever, causingmuscle pain, weakness, vomiting, diar-rhoea and, in severe cases, organ failureand unstoppable bleeding.

    The WHO said Sierra Leone has alsoidentified two suspected cases, both of

    whom died, but neither has been con-firmed to be ebola. No treatment orvaccine is available for the bug, and the

    Zaire strain detected in Guinea has ahistoric death rate of up to 90 per cent.

    It can be transmitted to humans fromwild animals, and between humansthrough direct contact with anothersblood, faeces or sweat, as well as sexualcontact or the unprotected handling ofcontaminated corpses.

    MSF said it had stepped up supportfor the isolation of patients in Conakry,in collaboration with the Guineanhealth authorities and the WHO. Other

    patients in other health structures arestill hospitalised in non-optimal condi-tions and isolation must be reinforcedin the coming days, it added.

    The WHO said it was not recommend-ing travel or trade restrictions to Liberia,Guinea or Sierra Leone based on thecurrent information available about theoutbreak. But Senegal has closed bordercrossings to Guinea until furthernotice. AFP

    Jailed spy may be key to peace talks

    J

    ONATHAN Pollard, theUS-born Israeli who isserving life for spying on

    America, has been raisedas a possible key to break-ing a logjam in the crisis-hitpeace talks.

    A source close to the talkssaid yesterday that there wasa proposal which could seePollard freed before the Jewishholiday of Passover, which be-gins mid-April.

    The emerging deal . . . con-tains the following elements:the release of Jonathan Pollardbefore the Passover holidayand the extension of the nego-tiations with the Palestiniansinto 2015, the source said.

    US officials have not con-firmed the reports.

    Pollard was arrested inWashington in 1985 and con-demned to life imprison-ment for spying on the United

    States for Israel. He was lastmonth taken to hospital afterhe reportedly collapsed in his

    North Carolina prison cell.His wife, Esther, told the

    English-language JerusalemPost that he had undergonesurgery for multiple seriouscomplications in his digestivesystem.

    In exchange for Pollardsrelease, Israel would honourits commitment to release 26

    Arab prisoners includingsome who are Israeli citizens whose continued imprison-ment is holding up talks.

    In addition, a further 400prisoners who had not shedIsraeli blood and who were

    within months of completingtheir sentences would be setfree. The proposal came upon Monday as US Secretary ofState John Kerry made an un-scheduled stop in Israel where

    he met Prime Minister Ben-jamin Netanyahu twice in 12hours and also held talks with

    Palestinian negotiators.He was, according to a Pal-

    estinian source, to return onWednesday for talks with Pal-estinian president Mahmud

    Abbas in a bid to resolve theprisoner stand-off.

    Successive Israeli govern-ments have lobbied unsuc-cessfully for Pollards releaseand in 1998 it was reportedthat he was to be freed ina prisoner swap with thePalestinians.

    Then CIA director GeorgeTenet reportedly threatenedto resign if Bill Clinton, presi-dent at the time, agreed tofree Pollard.

    The US naval analyst, whowas born into a Jewish familyfrom Texas, passed thousandsof secret documents about

    American spy activities in theArab world to Israel betweenMay 1984 and his arrest in No-

    vember 1985.He was granted Israeli citi-

    zenship in 1995 and officiallyrecognised by the Jewish stateas an Israeli spy in 1998.

    Israelis say Pollards punish-ment and the long-standingUS refusal to reduce his sen-tence have been particularlyharsh, given that he passedon the information to Israel,a strategic ally of the UnitedStates.

    Netanyahu has formallyasked US President BarackObama to pardon him but

    Washington has consistentlyrefused. The case has longbeen a thorn in the side ofrelations between Israel and

    Washington.Pollards arrest sparked a cri-sis in ties that only ended with

    Israel promising to end all es-pionage activities on US soil.

    CIA documents declassified

    in 2012 spoke of his financialproblems and eccentric be-haviour including a claim atone point that the Irish Re-publican Army kidnappedhis wife. He told investigatorshe had been asked by Israelto obtain US information on

    Arab or Pakistani nuclear pro-grams and Arab exotic weap-onry, a former top secret CIAdocument said.

    The document also said Pol-lard, now 59, provided data onthe Palestine Liberation Or-ganisation (PLO) headquar-ters in Tunisia which helpedIsrael plan a 1985 raid. Andhe also handed over a US as-sessment suggesting Syria had

    little chance of retaking the Is-raeli-occupied Golan Heightsin a conflict. AFP

    Many tanksA woman walks past a trainloadof Ukrainian tanks that are setto leave the Crimean peninsularnear the capital Simferopol onMonday. Russias PresidentVladimir Putin last week orderedall weapons and hardware leftby the Ukrainian military afterCrimeas accession to Russia tobe returned to Ukraine. NATOSecretary General Anders FoghRasmussen yesterday said hecould not confirm whetherRussian troops had withdrawnfrom the Ukrainian border.German Chancellor AngelaMerkel, however, said lateryesterday that she had noreason to doubt a partial Russiantroop withdrawal on Ukrainesborder would go ahead as relayedto her by President VladimirPutin. AFP

  • 5/28/2018 20140402

    13/24

    World

    13THE PHNOM PENH POST APRIL 2, 2014

    Pilot error is probablecause of crash: AsianaASIANA Airlines admitted forthe first time yesterday that piloterror was the probable causeof last years San Franciscocrash in which three peopledied. However, the SouthKorean airline cited other

    factors including technicalissues with the planes auto-throttle system. As it came intoland after an otherwise routineflight from Seoul to SanFrancisco on July 6, AsianaAirlines Flight 214 clipped aseawall with its landing gear,skidded off the runway andburst into flames. The probablecause of this accident was theflight crews failure to monitorand maintain a minimum safeairspeed during a finalapproach, Asiana said. AFP

    Drone wreckage foundSOUTH Korea said yesterday ithad recovered an unidentifieddrone that crashed on one ofits border islands the sameday that North and SouthKorea exchanged artillery fireacross their disputed maritimeboundary. The wreckage wasdiscovered on Baengnyeongisland, fuelling suspicions itmight be North Korean. Adefence ministry spokesmandeclined to speculate, butYonhap News Agency saidmilitary and intelligenceofficials suspected the dronecame from North Korea. AFP

    Manila bid against morality: Chinese mediaCHINA yesterday accused thePhilippines of violating moral-ity and international law byseeking United Nations arbi-tration in the South China Seaterritorial dispute between thetwo countries.

    Manila at the weekend askeda UN tribunal to rule on Bei-

    jings claims over most of thestrategically significant SouthChina Sea, submitting nearly4,000 pages of evidence toback its case. It argues that theChinese stance is illegal underthe UN Convention on the Lawof the Sea (UNCLOS), andinterferes with the Philippines

    sovereign rights to its conti-nental shelf.

    Both countries are signato-ries to UNCLOS, but Beijingargues that its provisions donot apply to the row.

    In a commentary the Peoples

    Daily, the official mouthpieceof the Communist Party,denounced Manilas move.

    The act of the Philippineside is against the internation-al law and the historical truthas well as against morality andbasic rules of internationalrelations, it said.

    Manila had provoked Chi-na by going to so-called

    international arbitration, amove that is both illegal andunreasonable and an actlacking credibility, it said.

    The commentary wasreported in English by the offi-cial news agency Xinhua,

    often an indication thatauthorities want it to reach a

    wider audience. China prefersto negotiate individually withcountries it has disputes within the strategically significant

    waters rather than in interna-tional forums.

    The Philippines attemptedto solicit international sympa-thy through disguising itself as

    a small and weak country, thecommentary said.

    Manila was attempting tolegalise its invasion of Chineseislands through the arbitra-tion, it added.

    The invective from Chinas

    state-run media comes as theUnited States and Japan haverallied to the Philippinesdefence. Tokyo which is alsoembroiled in a bitter territorialrow with Beijing issued astatement hailing Manilasmove, which it said was aimedat peaceful settlement of dis-putes on the basis of interna-tional law. AFP

    Japanese whaling ban applauded

    despite fears of science sidestepAUSTRALIA and New Zealand yesterdayapplauded a court decision that Japanmust halt its annual Antarctic whale hunt,but raised fears it could sidestep the orderand begin whaling again under a newscientific guise. The UNs Hague-based InternationalCourt of Justice (ICJ) ruled on Monday thatJapans whaling program was a commer-cial activity disguised as science, and saidit must revoke existing whaling licences. Adeeply disappointed Tokyo said it wouldhonour the ruling but did not exclude thepossibility of future whaling programs,

    with New Zealand expressing concernsJapan may try to circumvent the order.

    The ICJ decision sinks a giant harpooninto the legality of Japans whaling pro-gram, New Zealand Foreign MinisterMurray McCully said. It still does leaveJapan with a decision to make, which isto look at whether they try to devise a newprogram that is scientifically based thatthey could embark upon whaling in theSouthern Ocean again. Our task is tomake sure that we carry out a diplomatic

    conversation that dissuades them fromembarking on that course.

    A Japanese minister yesterday defendedwhaling but stopp ed sh ort of detailingwhat steps Japan would take. Agriculture,Forestry and Fisheries Minister Yoshi-masa Hayashi said: We will scrutinise theverdict and study [measures to be taken]swiftly. Japan also has a coastal whalingprogram not covered by the ban.

    Australia, backed by New Zealand, tookJapan before the ICJ in 2010 in a bid toend the annual Southern Ocean hunt.Tokyo has long been accused of exploitinga loophole in the 1986 ban on commercial

    whaling that allowed the practice to col-lect scientific data. Japan has killed 10,000of the giant mammals under the schemesince 1988, Australia has alleged.

    International law expert Steven Free-land, from the University of Western Syd-ney, said Japan could redesign its programto skirt the ruling. He pointed out that theICJ confirmed scientific research caninclude killing whales just not so many.

    The problem for Japan was its failure to

    take proper account of non-lethal meth-ods of research or to justify the actual catchnumbers it had declared, he said. Japanmay instead take a very close look at whyits implementation of [its research pro-gram] fell foul of its legal obligations andperhaps seek to design and ultimatelyimplement a new whaling program thattakes into account all of those elements.

    Japan had argued that its JARPA IIresearch program was aimed at s