Final paper for Human Rights and World Politics

Dear teacher and all!

This is my final paper for Human Rights and World Politics.

Topic: Freedom of Expression in Cambodia

Outline:

I. Introduction:

1. Basic needs of human rights
2. What is freedom of expression?
3. Function of freedom of expression
4. Objective: the study of the topic
5. Literature Review: Statement of Mr. Mark C. Storella US Charge d’Affairs on Freedom of Expression in Cambodia. Why Cambodia needs to strengthen freedom of expression?

II. Body:

1. Cambodia and Freedom of Expression
2. Cambodian Constitution, the Universal Declaration on Human Rights, and International Covenant on Civil and Political Rights on freedom of expression.
3. Cambodian Government’s Restriction on freedom of expression.
4. The arrests of Journalist, Trade Unions, and Human Rights Activists
5. Local and International Reaction of the arrests of Journalists, Trade Unions, and Human Rights Activists
6. The effect of the arrests of Journalists, Trade Unions, and Human Rights Activists.
7. Sum up each point.

III. Conclusion:
1. State the conclusion once again.
2. Give an own opinion on freedom of expression and make some suggestions to the royal government of Cambodia.

Freedom of Expression in Cambodia

I. Introduction

I. Basic needs of human beings.
Every nationality not only Cambodian people but also the other nationalities in the world are born free and every human being have body, soul or spirit and lives in a group. All human beings have the same basic needs such as physical life means body, spiritual life include political and religious believe, human relations, education, and living in a group of human beings include communication, association, and participation.[1]

2. What is Freedom of Expression?
Freedom of expression is a concept of being able to speak freely without fear of censorship. Freedom of expression is very important for democracy that is based upon public debate, open decision making and free exchange of ideas, free access to information[2].

3. Function of Freedom of Expression
Cambodia is a plural democratic country with 14 million people. The concept of pluralist society is based on the ideas in order to make society livelier and stronger when all people can distribute their ideas and points of problems of society like one proverb said: “Four eyes see more than just two eyes”. Function of freedom of expression divided into two: one is to get free information about their society and relevant problems for example: party program and government policy. The other problem is to express their opinion to the state, and contribute their opinions about the solution of the problems to the society.

4. The objective of the topic ( the study of the topic)
I decided to choose this topic because I saw that freedom of expression in Cambodia is still a hot issue in Cambodia, and freedom of expression is a fundamental factor to promote democracy and it is still a concern for civil society to state their political opinion, and the young democratic state like Cambodia needs freedom of expression to express their opinion in order to develop the country as soon as possible by promoting freedom of expression.

5. Literature Review
U.S. Charge d'Affairs in Phnom Penh, Mark C. Storella, said that the civil societies' work is very important in strengthening human rights in Cambodia, and that freedom of expression is fundamental to democracy in Cambodia[3]. Why Cambodian society needs to promote freedom of expression?

II. Body

1. Cambodia and Freedom of Expression
After election in 1993, Cambodia became the democratic country, based on the Cambodian Constitution Cambodia is a place where people can talk, access to the information, exchange ideas without fear in the public, school, café, internet café. Especially, people can talk about the politics everywhere with no concerns.
Freedom of Expression in Cambodia is quite low when we compare to other democratic states like in Europe or in the United Sates. Related to the education background of the Cambodian citizens, a lot of people still cannot read and write; especially, people in the rural areas, and there is no information about the state activities, and it is too hard to get the information about the government because of public medias such as radio station, TV station, press and any news in Cambodia is still limited and controlled by the government.

2. Cambodia Constitution, Universal Declaration of Human Rights, and International Covenant on Civil and Political Rights on Freedom of expression
Cambodian people have the right to express their opinions, exchange ideas, access to information, and talk in the public without punishment. All of these rights guarantee by the Cambodian Constitution, the Universal Declaration and the International Covenant on Civil and Political Rights.
In Cambodian Constitution article 41 said: “Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and other and national security.” [4]
In the Universal Declaration of Human Rights article 19 said: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
And in the International Covenant on Civil and Political Rights said: “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, by law, are necessary to protect national security, public order, public health or morals or the rights and freedom of others, and are consistent with the other right recognized in the present Covenant.”[5]

3. Cambodian Government’s Restriction on Freedom of Expression
The right to freedom of expression has been rejected by the Cambodian authorities since 2003, when a mob attacked the Royal Thai embassy and Thai businesses in the Phnom Penh city. The attack was sparked by reports of mocking remarks made by a Thai actress about Cambodia’s ancient temple of Angk Wat. In this incident, most public demonstrations in Phnom Penh have been prohibited. In 2005, un-authorized demonstrations against high petrol prices, the participants were beat with the electric batons. And then they were arrested and forced to sign a promise not to demonstrate again before being released.
The Cambodian government also started to restrict public forums in 2005 by instructing the Buddhist clergy to bar the Cambodian Center for Human Rights (CCHR) from holding such forums within their premises. At the same time, the government has allowed for public demonstrations on corruption or to celebrate international women's day or international human rights day. On the other hand, during these demonstrations the Cambodian police have suppressed the slogans on banners and have dictated the way of the demonstration.[6]

4. The arrest of Journalists, Trade Unions, and Human Rights Activists
Mr. Mam Sonando, who is the owner and the director of Beehive Radio FM 105, was arrested without a court warrant at his house in the Kandal province on October 11, 2005. He was charged with defamation under article 63 of UNTAC criminal law which is punishable up to one year in prison. Other charges of disinformation and incitement of others were filled against Mr. Mam Sonando.
The charges relate to the broadcasting on September 20, 2005 of a radio interview between Mr Mam Sonando and Cambodian activist in France Mr Sean Pengse, president of the Paris-based Cambodia's Border Committee, criticizing a Cambodia-Vietnam border treaty that was signed by Prime Minister Hun Sen. The interview was broadcast before the Prime Minister was due to sign the controversial Supplemental Agreement to the 1985 Cambodia-Vietnam Border Treaty.
Mr. Rong Chhun, president of the Cambodian Independent Teachers, was arrested on October 15, 2005 in the charge of defamation and incitement of others. He was arrested in Bean Teay Meanchey province while he was trying to cross Thai border to seek the political asylum.
On December 31, 2005, Mr. Kem Sokha, president of Cambodian Center for Human Rights, on charges of defamation over a banner which display on the celebration of the International Human Rights Day on December 10, 2005.
At the same day, Mr. Yeng Virak, director of Community Legal Education Center and the chairman of the committee on December 10, 2005 arrested on charges of defamation as well.
Mr. Pa Ngoun Teang, the acting director of Cambodian Center for Human Rights, was arrested on January 04, 2006. He was charged by the Phnom Penh Municipal Court with defamation.[7]

5. Local and International Reaction of the arrest of Journalists, Trade Unions, and Human Rights Activists
After the arrests of Journalists Trade Unions, and Human Rights Activists, there are a lot of local non-governmental organizations, and International non-governmental organization put pressure and condemn the royal government of Cambodia for example: the Cambodian Human Rights Action Committee (CHRAC), the Committee for Free and Fair Elections in Cambodia (COMFREL), the Cambodian Committee of Women (CAMBOW), the Alliance for Freedom of Expression in Cambodia (AFEC) and the Neutral and Impartial Committee for Free and Fair Elections in Cambodia (NICFEC) are extremely concerned about the threat that made by the royal government of Cambodia (RGC) to force out the open society justice initiative. They criticize any decisions and actions made by the royal government of Cambodia to limit freedom of expression in Cambodia that is guaranteed by article 41 in the Cambodian Constitution, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which Cambodia signed in May 1992. They also urge the royal government of Cambodia to promote and ensure freedom of expression in Cambodia.[8]
On Wednesday, November 30, 2005, the Cambodian Human Rights groups made a national wide campaign demand the royal government of Cambodia ends the restriction on freedom of expression. The groups also calls for the Cambodian Courts stop using criminal law to arrest, charge, convict people who criticize the government policy.[9]
On Monday, October 24, 2005, the Cambodian Center for Human Rights organized a conference at the Phnom Penh Hotel. This conference took place after arrest Mr. Mam Sonando, director of Beehive Radio FM 105 station and Mr. Rong Chhun, director of Cambodian Independent Teachers Association, the purposes of the conference are: needs the royal government of Cambodia withdraw the lawsuit and charges against its critics and needs the government to release Mr. Mam Sonando and Mr. Rong Chhun without any conditions. On that day, Mr. Mark C. Storella, US Charge d’ Affairs in Phnom Penh condemns the arrest and detention Mr. Mam Sonando and Mr. Rong Chhun and he also calls for the Cambodian people to stand up and express their opinion peacefully.
On December 10, 2005, the International Human Rights day, Mr. Irene Khan, Secretary General of Amnesty International, said the freedom of expression is provided by the Cambodian Constitution and International Covenant on Civil and Political Rights so when people expression their opinion about the state policy there is no lawsuit against them or put them into the prison at all. The Amnesty International urges the Cambodian government to release Mr. Mam Sonando and Mr. Rong Chhun without delay and conditions and calls for the royal government of Cambodia to withdraw the criminal complaints against Mr. Mam Sonando, Mr. Rong Chhun, Mr. Ea Channa, Mr. Men Nath, Mr. Chea Mony and Prince Sisowath Thomico. The Amnesty International also appeals to the government of Cambodia to ensure all the practice of freedom of expression by the Cambodian people.
US Department of State Spokesman, Mr. Sean McComack that release on January 06, 2006, he urges the royal government of Cambodia to stop the arrest and prosecution of those who want to expression their opinion that recognized internationally and drop the charges against the Journalists, leaders of civil society, and human rights activists.
On January 18, 2006, the Committee to Protect Journalists, main office in New York condemns the royal of government of Cambodia used the criticism as the criminal defamation and calls on Prime Minister Hun Sen to drop all criminal defamation charges against Mom Sonando, Kem Sokha, and Pa Guon Tieng, Rong Chhun, and Yeng Virak.
On January 04, 2006, the Human Rights Watch calls for the royal government of Cambodia to drop the charges of criminal defamation and release the leading human activists and the Human Rights Watch also stated that the arrests of human rights activists violate the freedom of expression and contrary to right by the Universal Declaration of Human Rights in 1998 and International Donors should warn the government to end the case of criticism is criminal defamation.[10]

6. The effect of the arrests of Journalists, Trade Unions, and Human Rights Activists
The Cambodian government has the right to act to ensure the security of their citizens, but in the case of freedom of expression, the Cambodian government not only ensures their security, but also charges them as criminal defamation and sent them to prison. These activities cause a lot of problems to the Cambodian society; for instance, the Cambodian government make the whole society move backward from the democratic country to the dictatorship, the Cambodian government violates the Cambodian Constitution, Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights, the Cambodian government weakens the civil society to exercise their rights of freedom of expression, and the Cambodian government also threatens the public opinion to be afraid to express their ideas that related to the state issues; especially, the public actors.

7. Sum up each point
Related to the Cambodian Constitution, Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights guarantee the right to freedom of expression and a lot of people; for example, Journalists, Trade Unions, Human Rights Activists were charged with criminal defamation and they were in jail because of claiming the freedom of expression and a lot of local and international civil society they tried to put pressure on the Cambodian government in order to urge the government to respect the right to freedom of expression and release the Journalists, Trade Unions, and Human Rights Activists. So freedom of expression is very essential for Cambodia to rehearse the democracy system throughout promoting freedom of expression.

II. Conclusion
1. State the conclusion once again
Freedom of Expression is one of the key to democracy. In order to become the democratic state, Cambodia requires freedom of expression which contains the free speech, free access to the information, and criticizes the public actors without punishment or censorship. The public opinion is fundamental for the society to share and give their opinion to the state policy. Furthermore when people can criticize any state policies, this civil society can move forward very quickly. For example, in modern society like the United States, almost all of American peoples, they can share ideas, get the information from the state and they also can criticize the state without fear ness.

2. Give an own idea on freedom of expression and make some suggestions to royal government of Cambodia
From my view point, Cambodia society absolutely desires freedom of express to promote democracy. The royal Cambodia shall make the law of freedom of expression clearly and doe not use UNTAC law to against the democracy activists. I also have some suggestions to the government. The Cambodia government shall encourage people to express their ideas, criticize to the state instead of threaten them from practicing their rights of freedom of express. In addition, the royal government of Cambodia shall encourage the civil society keep giving much more information from the local areas where they worked with because the local NGOs stay closer to people who live in that areas. We cannot rely only on the state agencies to promote freedom of expression, we also want the NGOs to work directly to people or educate them about the freedom of expression. Finally, when we become the democratic society, our people can have a better standard living includes housing, health care, education system, better infrastructures, food security, hygiene water, and better income of the people. As a result, freedom of expression is a solution to democracy and is only way we can get the new society with good governance, transparency, accountability, and separation of power is very independent between the government, the legislative, and the judiciary branch.


References:
1. Starygin Stan. (2007). Human Rights and World Politics. Pannasastra Universtiy. Phnom Penh, pp. 160-166.
2. Rendall Matthew. (1999). The Constitution and the government of Cambodia. Community Legal Education Center. Phnom Penh. p.221
3. Treiber, Wilhelm., & Belm, Andrea. (2004). Human Rights. Khmer Institution of Democracy. Phnom Penh. p. 12
4. Universal Declaration of Human Rights. (2006, November). Office of the United Nations High Commissioner for Human Rights, p. 12.
5. Khan, Irene. (2005, December 10). “Open Letter on the occasion of Human Rights Day 2005 raising concern about the state of Freedom of Expression in Kingdom of Cambodia.” Retrieved December 10, 2005 from http: // www. amnesty international.com
6. The Committer to Protect Journalists. (2006, January 18). “CPJ seeks halt to Cambodia’s media crackdown.” Retrieved January 18, 2006 from http: // www. cpj.org
7. McCormack, Sean. (2006. Jan 6). Cambodia: “Arrests of Activists and Opposition Leaders.” Retrieved January 18, 2006 from http: // www.usa.gov
8. The Human Rights Watch. (2006, Jan 17). “Cambodia: Hun Sen Systematically Silence Critics.” Retrieved January 17, 2006 from http: // www.hrw.org
9. Tith, Naranhkiri. (2005, July 22). “The International Federation of Journalists Protests crackdown on free speech in Cambodia.” Retrieved July 22, 2005 from http: // globalwitness.org/reports/show.php/en.0066.htm
10. Lee, Berthiaume., & Yun Samean. (2006, Jan 12). 4 men charged with defamation over Criticism of PM Hun Sen. the Cambodia Daily. pp. 1-2

Footnotes:

[1] Dr. Wilhelm Treiber, Belm Andrea, and Hout Sotheary. (2004). Human Righs. Phnom Penh. p12.
[2] WWW.freedom of expression in Cambodia.
[3] Tith Sothea. (2005, 24 Oct). CCHR’s Conference of Freedom of Expression. Phnom Penh.
[4] Matthew Rendall. (1999). The Constitution and Government of Cambodia. Community Legal Education Center.p221
[5] Stan Starygin. (Compiled by). (2007). Human Rights and World Politics. Phnom Penh. pp160-166
[6] WWW. freedom of expression in Cambodia, by the Asain Human Rights Commission. ( 2006, March 13)
[7] WWW. freedom of expression by LICADHO. Freedom of Expression Losing Ground. (2006)
[8]
[9] Russia Science and Health World Hot spots and Incidents Opinion.com>
[10] http: // www.hrw.org

Dear Professor

I have a question to ask, between the Malaysia constitution and the ICCPR. If the constitution of Malay does not give rights to people who intent to change their religion. And in the covention stated clearly that the people have rights to change the religion. As I earned from our class that after one country signed the convention (hard law), the govenment has to make it into domestic law. So I want to know why does the government still signed on the convention and not respect to that convention. Do the countries who adopted that law have authority to punish Malaysia. Thank for answering my Q.

MALASIA sifh on UDHR and Accept it

. Did Malaysia sign the UDHR and is it a state-party to the ICCPR?\
Yes Malaysia was sing the UDHR and it is a state-party fo teh ICCPR

Hi all,

Will we have class on Tuesday and Thursday next week?

Hi all,

Will we have class on Tuesday and Thursday next week?

Wrap-up Post

Dear All,

As time is going onto 8 PM, I would like to say thank-you for all your input. I hope this discussion helped you clear your thoughts about the Lina Joy case and possibilities of application of international law to its facts. Feel free to continue posting messages on this issue later tonight or tomorrow -- I will read all of them tomorrow night.

Have a good night,

Stan

Respond to Savoeun and Professor,

Evening Savoeun and Professor,

Sorry to post on a blog's screen because i can't reply withing underneath of comment sign:

Evening Savoeun and Professor,

Thanks for questions:

I’ll apply human rights to approach this Lyna’s case if the Malaysian state did not sign the ICCPR. Moreover, base on, Human Rights and Malaysian Constitution, point Human rights under the constitution, part 2 of the constitution part 2 of the constitution protected “fundamental liberties” including liberty of the person, equality before the law, freedom of movement and freedom of religion, therefore, above statement it’s likely help to this case.

1. A way the Malaysian’s Government protect Islam more than other religions is right it’s base on the Constitution – Islamic is state religion.
In generally, everyone have their own opinion, belief and violation to individual rights is protected and it’s consider again the fundamental rights. Instead, the Malaysian’s Governments have right to limit their belief.

2. I think:
- Right to “Have and Adopt” but not “Change” means government won’t allow people to give up with original religion. There is a stability in state, if APOSTASY is not happen.
To give up religion in Malaysia consider as a crime in Islamic.

3. I think, there’ll be a conflict between a state and citizens. People not trust with the government because they can’t exercise their right in freedom of belief. It’s also affect to International Law.

Please comments me more if it’s not answer to questions.

Thanks,
Da

The Issue of Ratification

I believe I have read all your posts by now. There seems to be a trend in answering Q1 -- and in some cases other questions in the same key -- by making references to the UDHR and the ICCPR and the ICCPR's derogation provisions in the Syracusa Principles. This normally would have been fine, except that Malaysia never signed the UDHR and never became a state-party to the ICCPR. For reference, please, take a look at the UNHCHR's ICCPR ratification web-page at http://www.ohchr.org/english/law/ccpr-ratify.htm
Since Malaysia is clear not on the list of the states that ratified, acceeded or succeeded to the ICCPR, how would you argue whether the Malaysian government can establish a legitimate interest in Lina Joy's case?

Answer for stan's questions

Hi Stan

Thanks for your comments, that make me to find other concept to answer your questions:

1/ According to Lina Joy's case and International laws and you have mentioned in the class that Malaysian Govt never ratify with the international laws, this question I give example that, if the most countries follow and respect U.N laws, except Malaysian Govt, How can the countries respect the rights to relate with ?

2/- According to your mention "No".
-If not, Malaysia is not a State-party to which contain the right to freedom of religion. As we know that, over the half of people hold Muslim, some Buddhist, some Christian, especially the new generation are Christians. And the past people just follow each other.

3/ Yes, I think, if members of Human Rights often push Lina Joy's case to spread every where around the world, I'll hope that, it's really to affect to Malaysian Govt for taking into account.

Best Regard

Hello all where are you?

Today evening, Agu30, our discusion over Lina Joy case will be help, what happen?

Answer lina csee

hi all


Answer about Lina Joy case

1).Under international Law, as we know today, the Malaysia government can not establish a legitimate interest to deny Lina Joy a change of her identity.
International instruments are Universal Declaration of Human Right (UDHR) and (ICCPA) in article 18 “Everyone has right to freedom, conscience, and religion, this right includes freedom to change his religion …..”But the government is not likely to invoke to justify this measure that send to Islamic Shariah courts.
2). Differently in Lina Joy’s position before filed first declaration I will decide to chose civil court because according to article 11 of the constitution “ Every person has right to profess and practice his religion” and article 8 “ all person are equal before law and prohibition discrimination on the ground of only religion, …….”
3). I believe the decision of the Federal Court in Lina Joy is likely to affect the future development of right in Malaysia by the Federal Court is reject Lina ‘s request to delete the word “Islam” from her IC that this action is violate the constitution of state.
The right that protect Lina Joy’s interest in this case are (UDHR) and International Convention of Civil and Political Right that according to article 18 “ Everyone shall have right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or believe of his choice, and freedom, either individual

Hi Ka

Hi Ka and everyone,

Yes, we are. Shortly before 6 PM I had started commenting on everyone's responses and by now have covered about 6 people's work. I started backward -- from the oldest posts coming back to the most recent ones. Take a look at my comments and comment on the posts that no one else has commented yet.

Stan

A

What to discus?

Dear Professor,
What are we doing now? Do you mean that we are posting the common under the unswer provided? I am waiting half an hour to see any common, but i see nothing.

Please, Start Posting Comments

Hi everyone,

Please, start commenting on others' answers to the discussion questions. I have yet to see comment start coming in.

Stan

answer about lina case

Hi professor and all ,

Answer about Lina Joy case

1).Under international Law, as we know today, the Malaysia government can not establish a legitimate interest to deny Lina Joy a change of her identity.
International instruments are Universal Declaration of Human Right (UDHR) and (ICCPA) in article 18 “Everyone has right to freedom, conscience, and religion, this right includes freedom to change his religion …..”But the government is not likely to invoke to justify this measure that send to Islamic Shariah courts.
2). Differently in Lina Joy’s position before filed first declaration I will decide to chose civil court because according to article 11 of the constitution “ Every person has right to profess and practice his religion” and article 8 “ all person are equal before law and prohibition discrimination on the ground of only religion, …….”
3). I believe the decision of the Federal Court in Lina Joy is likely to affect the future development of right in Malaysia by the Federal Court is reject Lina ‘s request to delete the word “Islam” from her IC that this action is violate the constitution of state.
The right that protect Lina Joy’s interest in this case are (UDHR) and International Convention of Civil and Political Right that according to article 18 “ Everyone shall have right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or believe of his choice, and freedom, either individual

Answer about lina case

Hi professor and all ,

Answer about Lina Joy case

1).Under international Law, as we know today, the Malaysia government can not establish a legitimate interest to deny Lina Joy a change of her identity.
International instruments are Universal Declaration of Human Right (UDHR) and (ICCPA) in article 18 “Everyone has right to freedom, conscience, and religion, this right includes freedom to change his religion …..”But the government is not likely to invoke to justify this measure that send to Islamic Shariah courts.
2). Differently in Lina Joy’s position before filed first declaration I will decide to chose civil court because according to article 11 of the constitution “ Every person has right to profess and practice his religion” and article 8 “ all person are equal before law and prohibition discrimination on the ground of only religion, …….”
3). I believe the decision of the Federal Court in Lina Joy is likely to affect the future development of right in Malaysia by the Federal Court is reject Lina ‘s request to delete the word “Islam” from her IC that this action is violate the constitution of state.
The right that protect Lina Joy’s interest in this case are (UDHR) and International Convention of Civil and Political Right that according to article 18 “ Everyone shall have right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or believe of his choice, and freedom, either individual

Answer about Lina joy case

Hi professor and all ,

Answer about Lina Joy case

1).Under international Law, as we know today, the Malaysia government can not establish a legitimate interest to deny Lina Joy a change of her identity.
International instruments are Universal Declaration of Human Right (UDHR) and (ICCPA) in article 18 “Everyone has right to freedom, conscience, and religion, this right includes freedom to change his religion …..”But the government is not likely to invoke to justify this measure that send to Islamic Shariah courts.
2). Differently in Lina Joy’s position before filed first declaration I will decide to chose civil court because according to article 11 of the constitution “ Every person has right to profess and practice his religion” and article 8 “ all person are equal before law and prohibition discrimination on the ground of only religion, …….”
3). I believe the decision of the Federal Court in Lina Joy is likely to affect the future development of right in Malaysia by the Federal Court is reject Lina ‘s request to delete the word “Islam” from her IC that this action is violate the constitution of state.
The right that protect Lina Joy’s interest in this case are (UDHR) and International Convention of Civil and Political Right that according to article 18 “ Everyone shall have right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or believe of his choice, and freedom, either individual

Answer to Lina Joy Question

Dear All and Professor!

Below is about Lina Joy case answer:


1. According to the International Law today, the Malaysian government can not created legitimate interest to deny Lina Joy in changing her identity because base on the UDHR in article 18 stated that “Everyone has the right to freedom of thought, conscience and religion, this right includes freedom to change his religion or belief…………..” It means that everyone have their own rights to do what they want and belief without against to the law. At the same time, the article 18 in ICCPR said that “Everyone should have the right to freedom of thought, conscience and religion. This right should include freedom to have or adopt a religion or belief of his choice…………..” It means they can choose and change a religion that they belief, if they do not like that religion, they can change and adopt a new one. If the Malaysia practices these two articles, so the government has no rights to deny the Lina Joy in changing the identity card of Lina Joy.

2. If I stayed in the situation of the Lina Joy, I will not do like she does because she known already in the constitution law of her country. Law stated that no one can not change to other religion, if people not respect this law, they will get punishment by going to the jail or sometimes have a death penalty. I will find other solution to change identity like I’ll hire lawyer to defense my case and I go the international organization that related to the human rights to discuss about my case. If still not work, I’ll find other ways to reach my goal.

3. Sure, I believed that the decision of the Federal Court in case of Lina Joy will be affect to the future development of the rights in Malaysia because their decision can be violet to the human right of individual and the freedom of rights to do something. According to the International Law both UDHR and ICCPR in the same article 18 have been created to protect the human rights especially the rights of changing in religion. In this case, these laws can protect Lina Joy’s interest and can help her to demand her rights in changing identity card. If the Malaysian government adopted the democracy and implement the International Law, so they can not derogate her case and other rights from the individual.


Thanks for your comments.

Answer to Lina Joy's Case

Below is the answer to question #1 of Lina Joy's case that had been raised up by Prof. Stan for discussion on Thursday so please gives me some comments on this answer, I will be happy to get comments from you all my classmates.

According to what I have learned about the UDHR and ICCPR, I think UDHR stood a better chance of affording a broader effective protection to the right to freedom of religion than ICCPR in dealing such a case as lina joy. Especially, according to ARTICLE 18 of UDHR, I think the Malaysian government cannot establish a legitimate interest to deny Lina Joy a change of her identity, why I can say like this? Because I and my classmate have already analyzed on the differences between the word CHANGE in ARTICLE 18 of UDHR(mean HAVE, GIVE UP, and GET), but in ARTICLE 18 of ICCPR have only words HAVE or ADOPT(ADOPT is same as GET); which mean that it already omitted the word GIVE UP, and the reason it developed a little different from UDHR because ICCPR think that most Muslim countries don't really satisfy with UDHR as Muslim's national law stated that people who GIVE UP their religion are called APOSTASY; which are known as a highest crime punishable by death. Therefore, ICCPR in order to make their convenant become useful, ICCPR need to omit the word GIVE UP to make more attractive to those Muslim's countries; who are the UN member, obey and interested in signing and ratifying their law. In short, I can say that in dealing with the case of Lina Joy, the Malaysian government will likely to invoke on the ARTICLE 18 of ICCPR.

Thanks in advances for spending your time to read and give comments on it.

Rights of Women to participate in Politics in Cambodia

Course: Human Rights and World Politics
Topic: Rights of Women to participate in Politics in Cambodia
Prepared by: Kray Sokkanha
ID: 03136
Submitted: Prof. Stan Starygin
Date: August 29, 2007

All human being were born in the same nature, they are all have the same rights such as right to life, rights to liberty and rights pursuit of happiness and these rights also give to both men and women in the society. In the past, men were considered as strong persons and became a leader to dominate the country and the god provided the power to the king as well. However, women have no rights to do anything in the society beside look after the baby and house. Because of the tradition and culture that provides the value to the man and thought that man can do things better than woman. But in reality, both of them need to dependence on each other and both of them can not miss one the other. Even man brave and stronger than woman but sometimes they still need woman to help or work with in order to reach a good decision. Therefore, what do women can do besides working in the house? How can they achieve their goals and participate in political role?

Before demonstrate these questions, we should understand the word gender fist, “Gender refers to the socialized roles of men and women in society. Gender refers to expectations placed on people because they are either male or female”.(1) Cambodia was the ancient country which history said that women are unable to responsibility and became a leadership to develop the country. If women want, they need a specific support from the society or until to reach the equality between women and men. At the same time, the state seems to ignore the present of women in state. It means that women have no capacity or ability to work in the political institution.
By the way, tradition plays a significant role in gender differently. Old traditions, customs and life styles have produced of discriminatory attitudes against women. The Khmer ancient said that, “men are gold and women are cloth” it should be clear to understand these biases. For example, most families never take care about the women’s action and goal, they pay more attentions on the men by encourage and support him to study and work. Their parents did not allow women went to school or got any knowledge because they believed that women can not become a leader. If the families have both son and daughter, so their parents will give opportunities to the son went to school and daughter stay at home to do housework. Many Cambodian families believed that promoting girls’ education would not be getting any benefits to the family since daughters would carry out housework even if they have completed higher education. Traditions have taught women to obey their husbands even if women earn money for the family. Moreover, many Cambodian families consider daughters as an important in performing housework at home. Thus, work outside such as involvement in politics, social action and culture are not allowed and highly discouraged for the women. These traditions and beliefs remain strong.(2)

In addition, Cambodia is an empire ordered society with traditional cultural attitudes and nature norms which discriminate against women and girls in the case of limiting their choices and options. Women with gender differ in term of literacy, education, employment, and women in the professions and government. Although the equal rights of women are formally public in the Cambodian Constitution, but they still are not sufficiently protection and enforced by the law in the view of power. Furthermore, women have very limited rights in practices and other specific problems relating to gender. Women have rights only when the legal position provided to them and women can have power until society eliminate gender inequality and violence against women in Cambodia. In the other way, Cambodian society provides the general pattern of the gender relation in Southeast Asia to the women in the case of family matters; inherit wealth and property on equal rights to the man heirs. Women are group to have dominant position from the family which reflected by the man, a head of the family. The tasks of the women are take care of the household finances, making decision on expenditure, investment, debt and especially look after the family’s interest. Thus, the roles of couples, men are expected to earn the wages to look after the family, while women are expected to take care children and property in the family.

Women developed in the economic side have not the same in politics. The high forms of political roles for women are rare in Cambodia, it can occur when they have a job of male spouses or fathers. In the political view, women are agree to the man hierarchy rather than active and participatory by themselves. But behind the scenes, women are regard as intruders who interfere in their husbands’ decision in the political affairs. Women’s political roles have been largely confined to the shadows, and they thought that the political action seem to be like mothers or wives to increase the status and access to power of the male members of their families. Women have rarely become political leaders in their own right. This model can be seen in other Southeast Asian countries, such as Burma and the Philippines, where Aung San Suu Kyi gained political prominence through the legacy of her father Aung San, and where Imelda Marcos shared infamy with President Marcos, who made her governor of Manila.(3)

On the other hand, in the Khmer political realm, a woman’s authority is determined by her relative relationships with male power. For examples, wives of male leaders are considered as special powerful, and they are expected to act in the interests of the family. For instant, Lon Nol’s first wife had the reputation of exercising considerable influence over her husband’s decision. She has a name and power by her husband, and she was respected by the Cambodian Republican elite, but after she died in 1969, the Lon Nol’s political issued became decline. According to observers predicted to Lon Nol that, as long as his wife lived, everything would go well for him, but after his wife died everything become trouble and difficult. So, even women did not join political in practice but they regard as the adviser of their husband and sometimes women have good views than the men. The other women example is about that most of the king’s decisions are suppose to his wife. Like Pol Pot’s first wife name Khieu Ponnary is regard as Pol Pot’s adviser. However, political historians know little about these political important women who have operated behind the scenes.(4) It means that even women can not work in the political place but she still can help her husband behind the back like the example above. Therefore, women were also a part of influence on political sense and these can affected to her husband decision making even she did not do by herself but she stays behind these problems.

Because of the evolution and development of women from time to time and from one generation to new generation, women are known by the society. Women more interested when the present of the UNTAC arrived in Cambodia in 1993. UNTAC emphasized that the rights to vote is a basic human right and that one is free to one's vote for the person of one's choice. Nobody can influence that decision. It mean that everyone both male and female have their own rights to vote to choose their representation. No one can violence the other rights. By this time human rights groups were active in the country and had large human rights educational programmes. It was an opportunity for the women's movement to cooperate with the human rights organizations and strengthen the campaign to establish a democratic system of government. Today we have an action plan for this women's movement to improve the training of women leaders, activists and volunteers to strengthen the women's network from the simple people to the top all over the country and the world.
In present, women have more opportunities than in the past because most of them can go to school, work outside the house and can do something that they want without against to the tradition and culture. At the same time, The Cambodia Constitution also provides the rights of women the same to the men. Example, according to the article35 of Constitution said that “both citizen genders have the rights to participate in all activities which involve to the political, economic, social issue and culture of country”. Moreover, in the article 45 said that “men and women have the same rights in all the fields and cases especially in the session of marriage and family”.(5) The other things that good for women now, they are promoting to work in the government institution and encourage by society. Just look at some example related to women participate in the political below. For instant, Ms. Yok Khoan Ung, director of the training unit of Khemara, the purpose of this NGO focus on the development of women in Cambodia since 1992. She was very excited to be at the Congress for Asia-Pacific Women in Politics. After the invasion of the communists in the country from 1979 to 1992, she escaped from country to the West border. The life of living there, she was elected to be the President of the Khmer Women Association in the Refugees Camp at the Thai-Khmer border from 1982 to 1992 where she worked on women's issues. She had a good cooperation and assistance from the United Nations to provide and implement many kinds of programs of basic vocational skill training, women, adult, health and child education, and social services to the refugee women. From 1990 up to present, she was also selected to be a member of the Executive Bureau of a political party named LDP which stands for Liberal Democratic Party. She was working on opening up the mind of Khmer people, especially women, on democracy, human rights, women and children's rights and development in terms of rebuilding Cambodia. So, she was presented at the First Asia-Pacific Congress of Women in Politics, held 21-23 June 1994 in Manila, Philippines.(6)

Now Cambodia has a liberal democracy, and it is time for women to demonstrate their role in political and social life. Many of them are successful in their jobs. Many others hold a high position in the government or the national assembly. For example, Mrs.Ung Vathana, 40, who is Number 3 on the FUNCINPEC candidate list in her commune. Before she was a vegetable grower and seller, she said that at first she did not want to stand for election, but she had experience as a school administrator in the 1980s and she listened to the arguments of her husband and others people said that she would be a good leader if she agree to stand for election. She also has received some training by Women for Prosperity and then she decides to stand for election. She told that, if she is a commune chief, she will help the women because only women who understand their own problems. She will prevent all kinds of violence. On the other hand, for Mrs. Keang Siphan, 42, a Number 4 candidate from CPP, has been working as deputy chief of the Sambourmeas Commune, Kompong Cham. She said, she decided to stand for election because she wants to help women in her villages, especially widows. Thirty percent of our people are widows. If she is elected, she will help them to help themselves without depending on the men.(7)

Although a small number of women work as chief in commune, hold seats in the National Assembly or positions in ministries, so, the commune elections will be the first real opportunity for women to compete with men and they can show their abilities in politics and public affairs. Among 11, 292 of women are in the top five positions of their parties' candidates’ lists, so it is certain that there will be women sitting on many commune councils. There are 184 women stand in number 1 position, so it is possible that some commune chiefs will be women.(8) Moreover, women candidates have many different levels of education and experiences. Like men candidates, many do not know a lot about decentralization, which will take much power over commune affairs away from the national government and put it in the hands of the commune councils. But Women for Prosperity and other NGOs have been training the women candidates in decentralization and other topics about governing. Many leaders believe that it is time for women to take their rights and get opportunity to share their knowledge in place among Cambodia’s leaders.

In conclusion, we can see that before women can not work involve to the government institution besides working in the house but because of war in the country and the effort of the women that is why they can achieve their goal and now most of women working in political institution like working in ministries and organizations. Although, women weaker than men some parts but some of other they look cleaver than the men in solving the problem. Furthermore, women tried hard to demand their rights and move themselves to participate in the political without depend on the men, they can support life by themselve without need help from men. Since the government provides opportunity to the women to join and work in government place, women have a chance to show up their ability and express their idea with contribute the knowledge to the other women in the society. As we know now women participate in politic a lot and in the future, most of them would be a leader of the country as well. Thus, women should try more in order to become a good leader in country and raise up the ability to show the society that women can do everything as men and sometimes do better than men as well.

Footnote:
1.The Status of Women in Cambodia, at http://www.online.com.kh/~gad/Home.htm. (Last visited Aug 24, 2007).
2.Law and Regulation, at http://www.moc.gov.kh/develop_policies/SEDPII_SUBMMIT_TO_PARLEMENT_V2/next3-sedpii-annex2-%20PovPopGen.htm (last visited Aug 24, 2007).
3.Kate Frieson, Women, Power and politic in Cambodia, at http://www.capi.uvic.ca/pubs/oc_papers/kate-frieson.pdf. (Last modified June 2001).
4.Id
5.Constitution of Cambodia book (1993-2004), Khmer Institute of Democracy in 1999, pp:35-45
6.Yok Khoan Ung, The Cambodian Women's Experience, at http://www.capwip.org/resources/whatworked/khoan.html (last modified Oct. 20, 1999).
7.Vanthanouvong Manila and Linda Sak, Women moving toward power, at http://www.ijf-cij.org/folder_file_for_cambodia/8.htm (last visited Aug 24, 2007).
8.Id


Reference:

1.www.online.com.kh/~gad/Home.htm.
2.www.moc.gov.kh/develop_policies/SEDPII_SUBMMIT_TO_PARLEMENT_V2/next3-sedpii-annex2-%20PovPopGen.htm.
3.www.capi.uvic.ca/pubs/oc_papers/kate-frieson.pdf.
4.Constitution of Cambodia book (1993-2004).
5.www.capwip.org/resources/whatworked/khoan.html
6.www.ijf-cij.org/folder_file_for_cambodia/8.htm

Questions ?

Dear all,

In lina Joy case, many students argued that Lina Joy did was right according to UDHR AND ICCPR. Any way, in article 11 of institution in Malaysia said that every one has the right to confess or practice his/ her religion. With this article some students mention that" ac cording to this aritcle lina Joy has the right to change her religion" as my point of view i think that Lina should not change her name because the law in Malaysia says every body has the right to confess or practice her religion. It means that as the citizen in Malaysia she must obey the law. For instance, if in our Cambodia people not obey the law. Does she/he right ? According to UDHR or ICCPR she was right, but refer to citizen in a country she must respect the law. There was no choice because it was the duty of government. On the other hand, remember that the state has their own sovereignties. So UDHR or ICCPR and was not not work in Malaysia. Of cause both declaration and covenant above are good but how these laws can help Malaysia ?. Another question is that the human rights are good laws and there are many human right organizations in the world but why some countries still have human right abuse like Myanmar, Cambodia, Vietnam, Iraq, and so on...? Does human right work during the was?.

Your comments are respected,

Thanks.

Correction the error part,Article, of Cambodian Constitution

Dear Prof. Stan

I am writing this to correct some error part of the article in the Cambodian Constitution.

Abstract:

Cambodia, one particle of the world, is currently practice Constitutional Monarchy which Budhha Relgion is the State Religion. Bascially, Cambodia constitution clarify very concise about the right and freedom to practice religion and also state the right and duties of citizens as well. Indeed, in the article 43, assert that "Everyone have right to Freedom of religion... and Buddha Religion is the state religion" . So even though Cambodian peolple who do not beleive in Budhha religion but they equal and free in practicing their own religion. Moreover, the UN act very important function to declare and decorate the Universal Declaration of Human Right which clarify the right for everyone.

Thank you very much for your comment

Sovannarith

Final Paper

Human Rights and World Politics( M-W 9.30-11.30)

Topic: Right to protection and promotion of street children in Phnom Penh

Prof. Stan Starygin

Student name: Keo Cheysothearith

Abstract
I am really interested in this topic for I think it is a hot topic which is being concerned by the government of a state. To this topic, I will show how children are being treated badly currently in their society, and they don't have the right to their freedoms of their own expressions. Moreover, by having this topic analyzed, I will be able to find out the problems that are happening on those street children, and I also can figure out the causes and effects that exploit the street children right to meet their welfare. I hope this paper can make a change to those children so as to become better in their living standard. It is one of the issues that can help to promote the state from lease developed.
I am sure that this paper needs to be given common by you readers in order for it to be made better. It would be helpful if you all can give more points that I am lacking. I am looking forward to correcting my mistakes that I am having in this paper. Thank you all in advance.

Introduction

Cambodia is a leased-developed country which consists of over 13 million of population. Around 85 percents of people are farmers. 15.7 percents of the population are urban (estimated in Oct-Dec 2002). So this can show that a large number of the total population is still living in rural areas where development is still very low. Those farmers are facing the state of being under the poverty line, and they are being threatened by increasing factors such as poverty, domestic violence, robbery in some regions, landmines, poor crop yield, and family breakdown. Now it comes to another factor that is known as HIV/ AIDS in families.
Street children and their families are in very bad conditions and some of them are being exploited by a group of people who are trying to take advantages from them. A number of street children is keeping increased during period of rapid change in Cambodia. In Phnom Penh, in some particular places street children are trying to seek their new living in the city. Some of them lost tie with their families' relationship as a result of the massive killing which was known as Khmer Rouge regime.
Street children are divided into three groups: street-living children who have no relatives. They are living in orphanhood and they have made streets their home. According to Mith Samlanh, there are 1200 street children who are homeless in Phnom Penh (Friends survey, June 2001). The second type of them are called street-working children who work on streets to earn their living but they return home in between 10000 to 20000 with a little money for their parents. The last type of the group is called street families with more than a thousand. They live with their family on the streets. They need to work out for low wages like collecting junks and some other useful things for recycling.
The population of homeless children has been continuing to increase in the capital city where most facilities are available. This flow of people make the city more crowded and it becomes the chaos place. Some street boys become rubbers and they are low paid workers; some street girls becomes prostitutes and they have been trafficked to other countries for serving sexual intercourse.
Living Conditions of Street Children
It is miserable to think about those children living in the streets. They have taken those streets their home. This is the worst situation they are facing, and they need to struggle for their lives. In their mealtime, they find themselves hard to have food to eat. They need to earn money by polishing shoes. As a shoes polish boy in the city of Phnom Penh, he works more than 8 hours a day, much more than ordinary people. Unfortunately he earns much less than them. For a pair of shoes he can get only 500 Reil. Sometimes they can not buy such food to eat. They buy glues, which they think glues can help them not to feel hungry and make them feel good.[1] It was told by the boys in the Dark Street in Phnom Penh that they could buy a large quantity of glue for only 5,000 Riels ($1.20 USD), which they could earn in a day of begging and shinning shoes. But if they didn't have the 5,000 Riels, there was a nice Khmer lady who purchased bottles of glue, and resold it in smaller containers for as little as 500 Riels.

Some other children are forced to beg along the streets, and some become pickpockets in a crowded places. They do so because they have to earn some money for the big brothers that try to threaten them if they can not earn such money, the big brothers will punish them like beating and not sharing glue for them. What can we say about human right in this situation? In deed there no equal right among them. The one is stronger is the leader of a group, and the leader of the group can dominate his members just whatever he wants to.
Another group of street children is called Street Family. This kind of group is luckier than the other two groups. Living with family is not only safer but also warmer when parents are being near by. Even so their lives are still in misery. Since they have more members in the family, they need to earn some money to feed more mouths too. Through my observation, most street families are collecting junks on the streets. Some junks can be recycled, and they are useful for them to sell them back to junk collectors. To do so, they have to expose themselves to garages, which are very dirty, and they can cause bad effect to their health. A lot of diseases are spreading and threatening their lives because those street children lack sanity. This leads to high mortality rates that happen to be the most concern.

Sexual Abuse

Street children are not only facing the problem described above but also some adults exploit them.
[2]Children are the prey of adults in search of their immediate sexual gratification. Girls are especially at risk of rape. A substantial number of children turn to prostitution as a means to make an income. Additionally, some children are kidnapped and sold to the international sex trade.
There still many girls who are being trafficked to other countries like Thailand and Vietnam. They are cheated and sold as an animal everyday. It happens in every country even in developed countries. That is why it comes to the law and ratified by the government to protect children from being abused. Because of the risk of abuse and because of early sexual activity, children are at high risk of HIV infection. In Cambodia, 15% of street children and youth are HIV positive compared to the national average of 2.6%.
Even though children are concerned, still the right of them is considered weak to get them out of exploitation. NGO and others organization are doing hard work to promote the right of children who are weak and orphans to be treated well in their society.

Street Children and Causes

Children are weaker age compared to mature and adult people. They have a lower thinking that makes them the target of some cheaters. It has been mentioned that there are lots factors that cause street children. One of the factors is poverty. When mentions about poverty, we would think about basic need for living like food, clothes, medicines, and others need. Since Cambodia used to be under Khmer Rouge for 3 year 8 months and 20 days, the whole country had turned to disaster. Million and million of people died because of overwork and hunger. Thus it continues until today that most people in the rural are still facing absolute poverty. They have no choice but to come to the city to seek income. In the contrary, most of them end up homeless and beggars.
Another factor is that some people who live in a far remote area are living on the landmines, which make them hard to do agriculture. Some parents even force their children to earn income in the city when they have heard about the development of urbanization. Those children have no access to education and spend most of their time on the streets. And some of them have no money to return home. Here there is a story of a young teenager who made his long way to the city as he thought he could help his parents to lessen the burden the family. As a young teenager, Sokhom thought he could help his parents escape poverty by finding work in the city. He left their small farm in rural Cambodia and found a job as a construction working in the capital, Phnom Penh. But the heavy labor was too difficult for him. Sokhom became one of the thousands of children living on Phnom Penh’s streets, begging for food and sleeping on the ground because he couldn’t afford to return home.
Violence is one of the factors that are now happening mostly in the countryside where people get very low education. I usually hear about violence in the radios and newspapers. A husband beat his wife and children when he gets really drunk. This case makes those children move out of their home to another place, especially to the city. If there were no violence, the children wouldn't have gone away from home.
Family breakdown is a result from violence a family. It is in the fact that violence will lead to breakdown in a family when a wife and children can not bear any kind of physical punishment. This is one of the reasons that make those children to leave their homes.

Street Children and Effects

Children are the most important for economic and social situation of a country. They will be the next generation that can help to build the country to development in the future. The country will not be developed when human rights are still low, and human resources are lacking. The society will be disorder when more people are poor, and they have no skills. As a matter of fact, there are lots of crimes happen everyday caused by juvenile criminals. I believe that if people have enough food and some money to spend, they will not want to rob or steal someone's property that make them hated by people around them.
The government is responsible for the state's welfare. Every root of people must be protected and promoted by the government as a parent. The state itself will not get ahead when many people are still poor. To become a developed state like Japan, economic and political factors have to be run smoothly as well as the support from people who live in the state.

Achievements

[3]Various NGO networks have been formed on children's issues in general and specifically on service delivery, monitoring and evaluation in respect to sexually exploited children, and HIV/AIDS. NGO projects include a police hotline for reporting cases of sexual exploitation, integration of children into public school system, a project for the reintegration of street children through the Ministry of Social Affairs and community-based child protection initiatives. Various workshops and conferences have been run by a variety of state and non-state actors including workshops on the protection of the right of street children, child-safe tourism and alternative care for children.
Cooperation is very important between NGOs and the government to protect and promote children rights. Child participation is the core of value to community for success and sustainability. It is essential to integrate children into program planning and to develop their contribution to their own development by moving away from approaches that only respond to them as victims instead of as survivors.

Level of analysis

Through my observation, I think street children have equal right to other children who live with their parents in a good living standard, but the difference is that street children are treated inferior in the society. They don't have equal chance with equal treatment for they live in a poor society. To me in order to close this gap of discrimination, the government again has to do something like working hard and pay more attention to human right in rural areas that have not yet been developed to promote all kind of people for the equality.

Recommendations

[4]The Cambodian government needs to make its commitment to Cambodia's children, especially those at risk and on the streets through greater commitment to the Committee on the Rights of the Child(CRC). The state must give greater attention to provision of budget and legislation to address identified basic health and welfare needs. Donors need to support NGOs and civil society in promoting poverty reduction measures, including urban planning, taking into account the needs of poor families and street children.
Developing rural infrastructure is very important too. The government should support families through occupation and loan assistance and provide such parenting skills and medical support in cases of chronic illness. The government must be able to stop violence by increasing human right awareness via media and education. Village chief and police have to intervene in case of family violence and stop Bang Thom or Big Brother.
Local community services have to be established to help victims including emotional support. There should create more entertainment places in the community such as sport, music and library to avoid drug abuse.
The government should organize volunteer groups to work with street children for support, education and information about NGO centers that they can be encouraged to attend. Staff must have good relations and develop trust with the children.

Conclusion

Many street children are still living in the worst situation in Phnom Penh City. They won't have good future as ordinary children if they are not supported. They need support from generous people also lots of motivation from people around them.

References
- http:// www.gvnet.com/streetchild/Cambodia.htm
- http://www.streetfriends.org/content/background/children in Cambodia-www.ask.com/street children in Phnom Penh

Footnotes
[1] Antonio Graceffo,Rays of Hope on Dark Streets in Phnom Penh,(2004),New York City, at antonio_graceffo@hotmail.com and friends@everyday.kh
[2] Street Children in Cambodia, at http://www.streetfriends.org/content/background/children in Cambodia
[3] A Civil Society Forum for East and South East Asia on Promoting and Protecting the Rights of Street Children,12-14 March (2003), Bangkok, Thailand, at http:// www.gvnet.com/streetchild/Cambodia.htm
[4]A Civil Society Forum for East and South East Asia on Promoting and Protecting the Rights of Street Children,12-14 March (2003), Bangkok, Thailand, at http:// www.gvnet.com/streetchild/Cambodia.htm

My 2 questions!

Dear Pro. and All,

I am sorry for my 2 questions too late to blog because of time.

So hope you will understand it.

1- In International Covenant on Civil and Political Rights, the Malaysian government shall not establish a legitimate interest to Lina Joy to conversion her identity. Because on Art. 18 of UDHR said that “everyone shall has the right to freedom of thought, conscience and religions. This right shall include freedom to have or to adopt a religion or belief of his choice, ...and teaching”.

And the Universal Declaration on Human Right, the government of Malaysia also could not establish a legitimate interest to Lina Joy Case: On UDHR, art. 18 stated that “Everyone has the right to freedom of everyone shall has the right to freedom of thought, conscience and religion; this rights includes freedom to change his religion or belief, ....in teaching, practice, worship and observance”.

Anyway Malaysian government state that itt is easy to become a Muslim, but it is hard to change religion, because Malaysian government never signs UDHR and ICCPR. And it is likely to invoke to justify this measure because Islamic country like Malaysian shall not allow changing his or her identity.


2. If I were in Lina Joy position, I would not request to change my identity because it is not serious to be a Christian, so many people in Malaysia who has get married Christian but nothing happened with them. And base on Art.18 ICCPR state “everyone right to freedom of religious belief, to change, or adopt another religion as they wish”

Answer to Lina Joy Question

Dear Prof. Stan

I am really sorry for late answering the Lina Joy's question because the internet was down.

I would like to submit you the answer of Lina Joy Case.

1. In response to the question number 1 I personally think that the Malaysian Government can not establish a ligitimate interest to deny Lina Joy a change of her religion. Specifically, the UDHR and ICCPR are the international instrument that state Malaysian government can not deny Lina Joy Case. Based upon the article 18 in the UDHR and ICCPR state very clear about the right of everyone to change and adopt other religion as their identity. And the Malaysian government refrred to its constitution of the nation that clarify that Islam is the religion of the state. Even though the constitution state everyone have right to practice any religion, Islam and other religion but it does not state that people who already practice Islam can change his/her religion to practice other religion and if other religion wanted to move to practice Islam is accepted.

2. If I am in the case as Lina Joy I won't prefer to practice as Lina Joy. I think that the constitution of Malay assert already about the right to religious freedom but Lina Joy intent to change religion to marry Christian Man if I am not mistaken in the Malay constitution do not allow to change religion and to marry but if people wanted to marry it does not necessary to change the religion they can married legally.

3. I beleive that the decision of federal court in Lina Joy is likely to effect the future in term of the development of right in Malaysian and they do not respect the international law that they already adopted. I found in Jina Joy Case it is really violate the right of Lina Joy in term of freedom to choose the religion to practice, of course, Lina Joy make decision to change her ID is not wrong because what she had done in accordance to the declaration and convenant stated that Lina Joy, in the article 18 of UDHR and ICCPR, has the right to protect her interest in term of right to freedom of religion and if she wanted to change the religion that she think it does not really benefit her interest she legally to change to other.

Sovannarith

Changing Topic from Should Right Be Universal to "Religious Freedom in Cambodia in Current Time"

Dear Prof. Stan

After receiving the comment from you I would like to have a change on the Orignal Topic to New One.

New Topic: Religious Freedom in Cambodia in Current Time

Abstract:

Cambodia, one particle of the world, is currently practice Constitutional Monarchy which Budhha Relgion is the State Religion. Bascially, Cambodia constitution clarify very concise about the right and freedom to practice religion and also state the right and duties of citizens as well. Indeed, in the article 38(b), assert that "Freedom of religion must be respected". So even though Cambodian peolple who do not beleive in Budhha religion but they equal and free in practicing their own religion. Moreover, the UN act very important function to declare and decorate the Universal Declaration of Human Right which clarify the right for everyone.

Thank you very much for your comment

Sovannarith

Final Paper

Topic
The Rights to Inherit under the Code of Hammurabi and the Magna Carta

Name: Than Sakseka
ID: 03973
Prof.: Stan Starygin
Course: Human Rights and World Politics (M/W 9:30-11:30)

Introduction

In the world, all states now always create or have their own laws in order to make easy for government to manage the disorder in their countries or their societies, and protect human rights; therefore, there were two laws created in the past such as the Code of Hammurabi and Magna Carta. These two laws are known as the earliest law instrument for developed the laws in the world today.

Significant Problem

The reason I choose the topic of the rights to inherit under Hammurabi Code and Magna Carta to write as my final paper of the Human Rights and World Politics class because I want to know clearly about the meaning of this right in these two laws that why in this paper, I try to take out some articles from two laws that related to the rights to inherit to explain what this rights mean; how the rights set an obligation to people; and whom will get or take care of the inheritances. Moreover, I will discuss about the similarities on the intention of creating the rights to inherit between Hammurabi Code and Magna Carta and the differences in the concept and meaning of the right to inherit under both laws, and I will make a comparative on which of the two laws afforded a broader rights to inherit and which of the two laws stood a better chance of affording effective protection to this rights.

Hypothesis

In order to make this paper related more to the course I have studied; therefore, this paper will attempt to answer some following questions:
 How do the rights in both laws reflecting into human rights?
 Why does the Magna Carta law still exist in today law of most countries, but not the Hammurabi Code?

Literature Review

Before starting to explain the meaning and making a comparison between the rights to inherit under the two laws, I think we should know briefly about the background of Hammurabi Code and Magna Carta.

First of all, the Code of Hammurabi is created in 1780 BC by the king Hammurabi. This law is known as the first law in ancient Mesopotamia created in the world that were carved on the stone as the king thought it will remained the same on the stone forever so, all people could all know the law and look at the law whenever they need. In addition, at that time was the period of the God King; therefore, the law is created on King own wills, but this law is still focused on women’s rights, marriage’s right, children’s rights, slave’s right, theft, murder, death, injury, and agriculture.[1]

Second, the Magna Carta is created in 1215 by the royal chancery and landowner according to the rebellion of the English’s barons and civil war against the right of the king. As a result, this law is created as a formal document to limit the power of English king at that time and to protect an individual right for particular groups who wrote this.[2]

According to the limitation of this paper, I will take out only 8 articles related to right to inherit from 282 articles in the Code of Hammurabi[3], and only 5 clusters of the rights to inherit from 63 clusters in the Magna Carta law [4] to summarize in this paper. Furthermore, all these materials are taken out from one book of “Human rights and World Politics, by Stan Starygin.”

After I have already shown a briefly background of creating these two laws and the material that I use for writing this paper, now in this part I will show the meaning of any articles that related to the rights to inherit under these two laws.

• Some articles of the rights to inherit under Hammurabi Code [5]:

Article 137: means that in the case of separation between a man and a wife that has his children, and the requested is made by a man, then the law set an obligation to a man to give back her dowry and a part of his properties to the children, and putting the obligation to women to keep the properties and raise up the children, and when the children grow up they will have the right to get all properties from mother. However, in the same case if a wife has no child, then a wife has the right to get back her dowry and the purchasing price from her husband only.

Article 150: means that in the case of father died, but before his death he already gave his properties to his wife, then a wife have authority to pass on the properties to any child whom she likes and other children whom she does not give, they will get nothing.

Article 162: means that in the case of women or wife died and she has children, then the children will get her dowry, but in the same case that a women has no child, then the following article 163 give the right to the father’s house to get a women’s dowry.

Article 165: means that in the case of father died and already gave some part of his properties to one among his children, then that one will get those properties and the rest children will divide the rest of their paternal properties and get it.

Article 170: means that in the case of father died, he has wife with having children and a maid servant with children, the children of the maid servant are recognized as his son, then all children of both women have right to share the inheritance equally, but the children of his wife have more authority in choosing those properties.

Article 177: means that in the case of the children are not grown up, and the widow or the children’s mother wish to remarry, then even the judge decide to let her do so and she can keep the properties, but only for take care the properties in order to raise up the children, and she and her new husband cannot spend any money or sell any properties of the child. At the time the children grow up, they will get all the properties from their mother.

Article 191: means that in the case of adopting other people’s child and later the adoptive father has child and wish to send adopted child out, the law set an obligation to adoptive father to give one-third of a child portion from his wealth to that adopted child.

• Some articles of the rights to inherit under Magna Carta [6]:

Cluster 2: means that in the case of any earl, baron, or other who hold lands of the Crown and they died from serving in military, then their inheritances must belong to their heir, but the law set an obligation to the heir to have full age or grow up in order to get the inheritance, and the heir must also have an obligation to pay the relief for entire barony. However, according to cluster 3 in the same case but the heir was under age, when the heir reached the age of getting an inheritance, the heir no obligation to pay for relief or fine.

Cluster 4: means that in the case that the heir was under age, the kin can represent as an guardian which has right to take care of the heir’s inheritances until the time that heir reached the age of getting an inheritance; moreover, the guardian could get revenue or profit from those inheritances while he take care of that properties, but he could not destroy it, if not the guardian will be punished.

Cluster 6: means that the case of giving inheritance to the heir in marriage is only practiced for higher class, for the heir of lower social standing cannot get the inheritance.

Cluster 7: means that in the case that the husband died, the law set an obligation to a widow or a wife of that man will get the marriage portion and an inheritance in the forty day after her husband death.

The similarities and differences between the rights to inherit under these two laws

In case of both laws has indicated some articles or clusters that related to the right to inherit as I have shown above; therefore, in this section I will show the common intention that both laws creating this right.

As I already explained that the Hammurabi code is produced from the will of the God King Hammurabi, unlike the Magna Carta is produced from the baron through rebellion to limit the right of the king and protect an individual rights of the particular groups that created the laws. However, this two laws still have the same intention in creating the law in order to protect people rights such as the right to inherit and so on because if there is no law stated clearly or showing specific areas of the right and protecting the right of people and the right to inherit, then member of one family, brothers, sisters, the kin, and everybody will get into the conflict with each other and fight or kill each other for the properties and power; for example, in England before the creation of Magna Carta, there was no law to protect or state clearly about the right to inherit; as a result, after King Richard’s death, John as a younger brother of King Richard had a conflict with Arthur; who is King Richard’s nephew, in order to get a power over the throne and become the king of England; and this problem led England to lose the territory to French King as Arthur went to ask French King to help so, in order not to let French King help Arthur, John had to give French-speaking territories to French King to be on his side, not on Arthur’s side, and at the end Arthur is killed by John.[7]Consequently, we can see that without the law to protect the right of people, the people will not be safe, there will lead to have disorder in the society as no law and no punishment then people will not respect and be afraid in doing bad thing, and the country will be dominated or violated from other country. Therefore, Hammurabi Code and Magna Carta have the same objective or purpose in creating the law for their nation in order to serve people, protect people rights, give laws and orders for people to respect and if not, people will be punished so people will not do whatever they like, get conflict with each other or kill each other. In short, I can say that the intention in creating of these two laws are not really depend on whom create it, but the common purpose of every laws are produced only to serve and protect the right of people, and make the country be peaceful by avoiding from the conflict among people, then people will live in happy life by having, respecting and enjoying the law and order of their nation.

Although, Hammurabi Code and Magna Carta have the same intention and objective in creating the law to protect the right of people, but it is not mean that these two laws will produce the same concept or idea in their articles or cluster that state out about each right of people such as the right to inherit under these two laws will not state the same; therefore, the differences between the right to inherit under these two laws will be shown as following:

First, there are different words showing in the articles and the clusters of these two laws. According to articles in Haummurabi Code always use the words children in getting the inheritances after the death of their parents, and in Magna Carta always use the words heir refer to the person who have right to get the inheritances after the death of barons, in this case why did these two laws use the different word? Because the Code of Hammurabi tended to state out clearly word for people to get easy to understand that the law is created to protect the right to inherit of children, and protect the children’s or women’s right as well as protect the human right of all people in their country. However, Magna Carta did not state clearly who is the heir so, it can mean that the heir would be brothers or sisters or children of the barons who have the rights to get the inheritances, and this law is not really protect the human right exactly as every clusters, the law has mention only to protect the rights of individual for particular groups such the church members and the barons. On other words, I can say that different word using also can show different concept of the law, but just a different word or concept then who would care about it? Of course, the people will care about it because these laws are created for people to respect, follow and obey it, and protect the people right or human right then if they don’t understand clearly about the concept of the laws and the laws is not benefit or show the protection to them, then people would not show their respect to the laws or need to obey it.

Second, in Hammurabi Code even did not state clearly that the laws were created for protecting the right to inherit of people but many articles in family law of this code always indicate clearly that all legitimated children can share equally of father’s inheritance and have the right to inherit after the death of fathers for every family in ancient Mesopotamia. Otherwise, according to cluster 6 of Magna Carta was kind of discriminate on the low standing class so it showing more that this law created at that period focus more on the higher class such as church members and barons, not really for protecting human right of the lower class as an ordinary people of England. In short, I can say that Hammurabi code is focused more on human right and afforded the broader rights to inherit than Magna Carta as it show clearly that all children in every family have equal rights in getting inheritance and mother has the right to take care of their children inheritance if they are under age after the death of their fathers.

Finally, in the case of children are not grown up in article 177 of Hammurabi Code, a mother can only take care of their children’s inheritance after a father’s death. Even she asked for remarry, she and her new husband cannot spend any money or sell any things in that property, and they must only keep those inheritances for raised up the children and pass it to children when they are grown up. Nevertheless, in the same case as above, the kin who represent as the guardianship of the heir’s inheritances in cluster 4 in Magna Carta cannot destroy or damage the heir’s properties, but he can get the reasonable revenue or profit from those properties while they take care of it. Therefore, I can say that Hammurabi Code stood a better chance of affording effective protection to this right than Magna Carta.

Conclusion

All in all, we can see that all laws in this world, not only the Code of Hammurabi or Magna Carta are all created with the same intention or objective of protecting the people right, making people be safe by avoiding from conflict, and managing the disorder in the society. However, even all laws represent the same objective, but not mean that all concept of the laws are same because law of each country must create depend on the situation happened in their country. Therefore, there are some differences between the rights to inherit under these two laws; first of all, these two laws using different word in explaining their articles and clusters which it led these two law has the different concept as the Hammurabi Code tended to protect and related to human right than Magna Carta that protect only the right of the church members and the barons. Secondly, Hammurabi code afforded the broader rights to inherit than Magna Carta as it show clearly that all children in every family have equal rights in getting inheritance and mother has the right to take care of their children inheritance if they are under age after the death of their fathers. Finally, Hammurabi Code stood a better chance of affording effective protection to this right than Magna Carta as the mother can represent the guardianship who will keep the properties after the death of her husband and give it back to the children when they grown up, but a mother cannot spend or get any benefit from that properties like the kin who represent the guardianship in Magna Carta can get revenue from the properties while they take care those properties. As a result, I can say that the right to inherit under both laws are also related to Human Rights even though Hammurabi Code focused more in protecting all people’s right than Magna Carta that focused more in protecting only the right of high classes people, but it is better than in the past that there was no law that focused on the right of people created before these two laws, that is the reason why these two laws are known as the earliest law instrument to develop the laws that protected to human right in the world today. However, why does Magna Carta law still exist in today law of most countries, but not the Hammurabi Code? Because Hammurabi Code was just a law that carving on the stone for people easily look at the law whenever they need it, but Magna Carta is first formal law document created in England at that period, and as English’s people always immigrated to other countries such as in the United States, the first immigrant to there was English’s person; therefore, the influence of Magna Carta can be seen in the United States Constitution and Bill of Rights. Moreover, after England always put colony on other different countries in the world so, all countries under English’s colony will follow the English Laws such as Magna Carta law of ancient time as well as English’s common law.

[1]Stan Starygin, Human Rights and World Politic, 15 (2007)
[2]Id, at 131-133
[3]Id, at 25-44
[4]Id, at 149-157
[5]Id, at 33-35
[6]Id, at 150
[7]Id, at 132

References:
Stan Starygin, Human Rights and World Politic,(2007)