Aparna Thadani and Sita Schutt in Court »

July 19th, 2011

securedownload[2]Prospero’s Singapore and London teams are once again reunited this week in London, where I have come to spend two weeks training. Today we made our first UK fieldtrip to Snaresbrook Crown Court. The purpose of the morning was to better understand the UK justice system by observing proceedings in Court, under the watchful eye of the Prospero World Charitable Trusts Chairman and Judge, Murray Shanks.

The journey to Snaresbrook takes 40 minutes from Notting Hill. As we speed east to Snaresbrook on the rush hour Central line, sipping our morning coffees and pressed up against legions of other commuters, Sita rummages through her handbag for her phone before looking up aghast, shocked to discover a hammer lurking in the bottom of her bag. Thankfully, out of the tunnels of the underground, Murray is phoned immediately! He says he will speak to the security guards to explain that the hammer wielding lady is a friend of his and should not be arrested.

photo-3As we walk up the sweeping driveway to Snaresbrook Court, we are struck by the power of the building’s purpose. Originally built as an Infant Orphan Asylum in 1843, the building was first converted into a school before it became a court of law.

I am overcome with a sense of nervousness and tension looking at this building whose walls contain history’s life-changing verdicts. For some, this building stands as strong a symbol of justice, for others, it may be the last glimpse of freedom before being locked away.

The building has great poise and elegance. Its magnificence is initially shrouded by the foliage around it, but eventually its faded grandeur is revealed. Surrounded by Snaresbrook’s impressive grounds, I almost forget I am in London,

Cases at these public criminal courts range from petty theft to drugs and murder. They also have been known to host high profile and celebrity cases including. Boy George and Pete Doherty have both stood trial within Snarebrook’s walls.

We arrive at 9:45am. Sita, the hammer and I glide through security with no problems before being escorted to Murray’s chambers via the courtroom where a handful of people mill about, waiting for the first case of the day to begin.

I am immediately struck by the room’s austerity. There are no windows. The carpets, chairs, walls and desks are a monochrome of brown. Seats are immaculately aligned to face the centre of the room, where the prosecutor and defender make their cases. The judge’s bench is slightly elevated at the front of the room, giving a birds eye view of proceedings.

IMG_1497We arrive at Murray’s chambers to find him sipping his espresso behind his desk in his robes, which to me strongly resemble royal Bhutanese robes. The welcoming smell of musky incense and coffee makes us feel right at home.

With wigs and gowns in tow, we enter the courtroom before Murray to await his arrival. This first case is against a middle-aged Bengali worker who had applied for and received benefits he was not entitled to in the amount of £18,000. The prosecutor investigates his assets to see if he can pay for his crime. The defendant has already received a suspended sentence of 15 weeks and now is claiming he does not have the money to pay his debt. His lawyer goes through every transaction of the defendant’s bank statement while playing with the curls on his Victorian wig. During the proceedings the defendant sits behind a glass pane, patiently as he watches as his case unfold.

The more gripping case was the next trial. As the story told by the prosecution witnesses unfolded, it seemed that in a housing complex on valentines day this year, some friends were having a quiet drink when a known, but not amicable, man forced his way into their apartment and threatened them with two knives and an empty wine bottle (likely to have been emptied into his stomach earlier that night). The motive was unclear. It was a classic case of drunk violence, though involved older men and a rather young girl, apparently 17 or 18. Upon seeing the defendant, it was apparent he’d had a tough life. He looked old beyond his years and his mannerisms indicated to a life of not only alcohol but possibly other intoxicants. He was claiming however that all the accusations against him were incorrect. His lawyer was painfully questioning all eye-witnesses, forcing alcohol as an excuse for them to not remember details of the night, despite the fact that there was more than one eye-witness that saw the defendant with knives. It made my wonder what the defence barrister herself really thought. Could one defend a defendant whose position you were unclear on?

Following the cross-examination, proceedings ran smoothly. We watched three witnesses testify before lunch.

When you hear of cases of corruption within courts of law in countries such as Cambodia, bribing behind backs and poking and prodding of defendants in front of the judges, one can only praise the British for bringing their gracious system to the countries of the commonwealth. Though many have unfortunately done away with the wigs…

Incidentally, I am told that the man whose trial we watched was found not guilty by the jury on Monday morning.

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Aparna Thadani in Birgunj and Hetauda »

April 5th, 2011

birganj1After a 20 minute flight in a 1960’s propeller plane,  I arrive in the small, bustling, industrial town of Birgunj a mile and a half from the Indian border. This is prime trafficking territory.

Maiti Nepal have brought me here to visit their transit home, a temporary shelter for women and children who are  trafficked and intercepted on the border. On average, three girls are brought to the shelter each day.

As I arrive, two girls are brought in.  They are emotional and scared. Beyond that, they are upset to have been “caught” by Maiti Nepal.

The older girl, who claims to be 17, has been intercepted before. The implication, though it is not explicitly stated, is that the girls parents have encouraged them to seek illegal employment in India.

Both girls are illiterate. Neither has attended school. With few prospects at home, their intention in crossing the border was to find work and ultimately, to send money home to their families. Their situation is typical. Neither is aware  of the vulnerable position they  placed themselves in. Nor that it is illegal. It is girls like these who are typically preyed upon and exploited by traffickers.

Maiti Nepal spend the afternoon with the girls discussing alternative livelihood paths. Throughout the afternoon, Maiti Nepal emphasise to the girls, the dangerous position they have placed themselves in. By the end of the day, the girls are heartened by the options before them. They will be collected tomorrow morning by their parents.

Crossing the border

The border

While this is going on, Maiti Nepal’s interception teams are busy on the border. Each of officer is a survivor of trafficking. Each day they wait on the border, working in shifts between 6am and 6pm. Here they stop cars, rickshaws, buses and carts carrying young girls or those resembling women and children reported missing.

Drivers and their passengers are questioned. Where stories are suspicious, do not correlate, or where a suspected victim seems fearful, Maiti Nepal will take them to the transit home to investigate further.

Back at the home, the programme co-ordinator receives a phone call from a man whose sister disappeared last night. His sister rang him minutes earlier to say she woke up this morning in a locked room. She believes she was drugged last night at the market.  She thinks she is near the India border. She is not certain. She is scared and disorientated. The interception teams will look out for her and others who, like her, have been reported missing.

From the transit centre, I am taken to Hetauda to visit a prevention home. The centre is home to 21 girls. They are educated here about the risks of trafficking. Of the girls I meet, one is a rape victim. Another has been trafficked. A third is an orphan. The others are from local villages where it is common for them to be taken out of school and traded into local labour markets.

A non formal literacy class at the centre

A non formal literacy class at the centre

Maiti Nepal invites these girls to engage in non-formal education and vocational training programmes at the centre. The four month programme also educates girls about human trafficking as well as forced and illegal labour. When they leave the programme, girls are encouraged to share what they have learned with their peers. The aim of the programme is to equip girls with the skills and education to enable them to return to their villages and begin their own businesses.

I am struck by the strength and power of these young women. By their determination to carve a brighter future for themselves. Within the context of their life experience, it is very inspiring to witness the commitment each of them has to independent living.  Maiti Nepal’s work suddenly zooms into perspective: at its core, I understand it now as a women’s empowerment movement.

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Aparna Thadani in Kathmandu with Maiti Nepal »

March 29th, 2011

Kathmandu nestles  in its mighty Himalayan basin as my plane circles above. Hiking trails weave like small veins across the mountains beneath.

As we speed towards the runway, there is not a green space in sight. The ground is covered by small, cube-shaped buildings, so tightly packed they seem to share walls. We land, smack-bang in the middle of it all.

I will spend a week here with “Maiti Nepal” to deepen my understanding both of their work and the broader issue of trafficking.

Tuk TukI leave the airport and head straight to my first meeting. My senses are overwhelmed. People, cars, taxis, buses, trucks, dogs, goats and cyclists busy the streets. Pollution swarms in the air. Fruit-walas spill onto pavements. A man in front of me spits dust he has collected in his throat as I pick my way through the battered roads to Maiti Nepal’s head office in Gaushala. With the helpful directions of locals, I find my way there without getting lost. Everyone, it seems, knows the organisation.

Maiti Nepal was founded in 1993 when Ms. Anuradha Koirala began working with destitute women and girls. She had herself, come out of a violent relationship and determined to help others in need.

‘Maiti’, meaning “mother’s home” in Nepali, is traditionally a place where married girls may return in times of need. Since it began, the organisation has helped protect over 12,000 women and girls from abuse and trafficking. Today, Maiti Nepal has 15 centres throughout the country.

Swing

A child plays on the swings outside Maiti Nepal's Child Protection Centre

In 2010 Ms. Koirala was named the CNN Hero of the Year. The prestigious award has secured international recognition for Maiti Nepal’s outstanding work. Later this spring, Prospero, in partnership with UNIFEM, will be bringing Ms. Koirala to Singapore to showcase the work of Maiti Nepal.

With plans for the trip already underway, I am hungry to deepen my understanding of their work. I am delighted, only hours after landing, to find myself at their offices for a briefing. The building doubles up as a women’s shelter, a child protection centre and a half-way house. I will visit these on Sunday.

When I return to my guesthouse, my head is swimming with questions. Thankfully, I do not need to wait long to ask them.

The next morning I am taken to Maiti Nepal’s hospice in Gokarna, 30 minutes from central Kathmandu.

ChildrenThe hospice serves HIV positive women and children as well as those with drug resistant tuberculosis, hepatitis and other incurable diseases. Many of the women and children here have been trafficked and prostituted. Others are orphaned, or have been expelled from their villages because of their illness. For the 70,000 people who are HIV positive in Nepal, life is marked by stigma.  They are typically, neither accepted nor cared for. Where their families accept the condition, the disease is frequently hidden to avoid embarrassment or being ostracised.

Maiti Nepal’s hospice challenges this by aiming to provide beneficiaries with care and dignity in an environment free from stigma. The hospice is home to 38 people; 16 adults and 22 children. A second hospice is run by Maiti Nepal in the Eastern Nepali district of Jhapa.

The hospice is a peaceful place. A sanctuary away from the noise, pollution and hecticness of the city. Maiti Nepal provide dance and drama therapy here as well as vegetable planting and cultivation. There are also daily chores to be completed. A small medical centre and school for the children complete the site. The focus  is palliative rather than curative care.

As I return to Kathmandu,  I feel uniquely privileged to have a further insight into the life line Maiti Nepal is to those for whom life is extremely challenging.

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Artificial Limb Replacement: 10th of December 2010 »

January 21st, 2011

At Prospero World we used to call artificial limb replacement projects ‘happy’ projects. In the words of the Mumbai founder of ‘Jaipur Foot’ (during a 2008 visit):

‘A person can crawl in to the centre and – hours later – walk out.’

From no hands to two hands, from horizontal to vertical. The number of accidents in India alone help to account for the terribly high number of amputees – this is before beginning to count polio victims – all needing artificial limb replacements.

Foot mold

Foot mold

In Cambodia, the initial need for artificial limb replacement came from the number of landmine victims after the Khmer Rouge withdrew in the 1990s. However, landmines are thankfully not the chief causes of limb loss in Cambodia today, and a visit from Carson Harte, their executive director and founder, to our London office 3 months prior to our visit, paints a very different picture with regard to the world’s  two-legged future.

As the population ages, as incidents of diabetes increase, more people will have mobility problems. One of us – says Carson gesturing at the four people sitting around the conference table – will be in a wheelchair in 20 years time.  The point here is that although poverty and conflict will create a higher rate of need – the population at large (it seems) will be in need of more and more trained prosthetic orthotists as we live longer but grow more infirm.

The Cambodia Trust (founded in 1994) now runs projects and centres in Sri Lanka, Timor-Lest and Indonesia, and not only helps to provide, fix and rehabilitate its disabled patients, but also runs accredited training centres and courses in prosthetics and orthotics.

On the 10th of December I go to visit The Cambodia Trust  centre just outside of Phnom Pehn. It is an elegant, white building, expensive-looking and peaceful. ‘The entire ediface was paid for by the Nippon Foundation’, says the director semi-apologetically – ‘it doesn’t mean that we are rich.’

I am taken around the moulding rooms and the fitting rooms, and the training rooms.  Carson has explained previously that in order for limbs to fit properly, they need to be checked regularly after the fitting so as to make sure that no swelling or shrinking has changed the structure. The Trust typically helps to fix 200-250 limbs per month, up to 2,500 a year in Phnom Pehn alone. Counting the 2 provincial centres, the Trust had 10,360 beneficiaries in 2010.CT

My guide tells me the story of a dancer – a famous dancer who was in a car crash (now the number one cause of disability in the country)– who now works here and I see  several children being tended to in one of the waiting rooms – where parallel bars have been erected to help with rehabilitation.

But for me, the story here is about how this is the only educational and training centre in Cambodia, where students from the rest of Asia come to study. That Carson Harte has shown great forsight in creating centres whose graduates will serve a growing market need. It is also a source of pride that here is a centre of internationally recognised excellence in Cambodia attracting foreign students. The 3 year diploma course takes in 34 students per year from 34 different countries, including North Korea.

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APLE: Hunting down Sex Offenders. December 9th 2010 »

January 13th, 2011

APLE (Action Pour les Enfants) Cambodia comes recommended via a Hong Kong Foundation. It is a late addition to our list, but even a quick glance at their website generates immediate interest.

Picture1The plight of young girls sold into prostitution – often deliberately- by a family member has been written up in harrowing detail by Cambodian author Somaly Mam in her award-winning book, ‘The Road of Lost Innocence.’  Prostitution and the giant and menacing rackets that grow around it are well documented. Paedophilia is far more sinister – although the young age at which many of the young girls are sold, and the level of abuse they experience, mean that in reality the two terms are often interchangeable.

APLE’s mission is to protect children from sexual exploitation. Their main focus is on bringing sex offenders to justice. To do this, they track down both foreign and, since 2003, local paedophiles and help to make sure they are arrested.

A long tuk tuk drive takes me to their headquarters where Joerg Langelotz, APLE’s project assistant, meets me. He is German and used to work in the Philippines where he had a restaurant. He explained to me that while working there, he realised he was able to spot aberrant behaviour and helped to co-ordinate the arrest of a major sex offendor. Since then he moved to Phnom Pehn and started work for Aple.

Picture3I ask what the scale of the problem really is and how one can be sure that it is accurately documented. He replies that according to EU research, 4.5% of all tourists are sex perpetrators, of which 10% are paedophiles. That means that out of 2.2 million tourists travelling to Cambodia, 80,000 are sex perpetrators and 8000 of those are paedophiles. To make it tangible, it means that in a plane carrying 200 people, 1 at least would be a child abuser.

I ask about the support APLE gives to the victim and their families. Although they get counselling, help with reintegration, legal advice and support, once the damage has been done, it is pretty much permanent. Cases will vary of course and we do not go into detail here. The main problem with prevention now Joerg says, is that the sex offenders survive by developing better camouflage. They now go deep into Cambodia’s provinces, they will befriend a family, feed them, pay for schooling, take them on holiday, buy their trust -  so that by the time the abuse happens, nobody feels they say anything.

This is why APLE wants to expand its presence into the provinces and continue to develop its prevention programme which means alerting parents and families to the risks and maintaining its 24/7 surveillance of hot spots in known areas. Filing evidence and prosecuting sexual abuse of boys is much more difficult, but progress has been made, recently, in cases that took place in Siem Reap.

A week later, Anna Louisa and I join 2 of their investigators on a surveillance exercise. The innocent riverside book-sellers and the temple complex at Wat Phnom that we have visited during the day are now dark, dangerous places where deals are struck and innocent children sold or bundled off to be taken to ‘virginity-checking’ doctors: one of the reasons for the profit to be made on younger prostitutes is because of the value placed on virginity – either because of the notion it will ward off disease, or because it  is thought to re-invigorate men.

The tuk tuk takes us to an ordinary street, beyond the Wat Phnom temple. This is the poor Vietnamese area where many of the pimps live. The victims who end up here are trafficked. They are promised a job of sorts and then smuggled across the border.  Young Vietnamese girls are prized for their fair skin. Our investigators shows us a man apparently dozing on a motorbike: ‘that is one of our agents.’ And further up, another man sitting amongst other idlers, on a stool. He is an agent too. They watch and wait sometimes all night. If something happens – they will alert the anti-trafficking police with whom they have an excellent relation. In most cases, they will have already collected the evidence. Tonight, they have their eye on a middle-aged American who has not yet left his hotel and an Asian man, whose provenance is not discussed.  They show us a hairdressing shop – on a street full of hair salons – and that is where the chief pimp lives and operates from.  They do not yet have the right evidence with which to stop him.

It is slow work. Nothing happens the night we are with them. We ask them what their working week is like. Sometimes it does not stop. And you can see why. Tonight, they were waiting for the pimp taking the girls to the virginity doctor. If they can catch them before the hand-over to the perpetrator occurs, then they will have changed the lives of those two girls.

Picture5In the last year APLE  performed 254 investigations leading to 37 arrests. They work with hundreds of children every year.

Thinking back to the conversation with Joerg, I feel strangely uplifted by the clear energy and devotion of the investigation team faced with such grim and chilling work. Abuse and trafficking of children is of course worse in countries where poverty is endemic, but he has reminded me that 20% of all females in the world have experienced some sort of abuse, and 1 in 6 boys.

I am glad that there are networks like Childsafe who train ordinary citizens to be alert to the plight of vulnerable children, glad that the anti-trafficking police in Cambodia seems to be on-the-ball and able to enforce the law for these prosecutions. Glad that they have a team of 56 investigators working round-the -clock.  As a result of Aple’s  previous work with  international offenders,  the infrastructure and legal framework for convicting local offenders has now become much stronger.

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Sita Schutt at Krousar Thmey »

December 28th, 2010
Khmer Braille

Khmer Braille

December 5th

Krousar Thmey, like many other NGOs in Cambodia, was founded by a foreigner – in this case Benoit Duchâteau-Arminjon, who was jolted into action twenty years ago when he witnessed the plight of Cambodian children at refugee camps on the Thai border. He gave up the job he had just started in Bangkok  and founded ‘The New Family’. One of the children he was helping was blind, and asked him for help. This is why Krousar Thmey first pioneered what has become an outstanding programme for deaf and blind children in Cambodia. They also developed and now publish Khmer Braille.

Because the Cambodian Prime Minister is blind in one eye, this NGO in particular caught his attention and as a result, Krousar Thmey has gained support at a national level and is instrumental in helping to create government policy for the disabled.

To be disabled in Cambodia, as is also the case in India, is often seen as a sign of punishment for faults committed in a previous life. Prior to Krousar Thmey, no facility existed to help disabled children in Cambodia.

I met with the new Director of KT, a Cambodian,  brought up and educated in France, Auray Aun. His father, who forsaw what would happen had led his young family out of the country by foot before the Khmer Rouge took over. Like many other Cambodians who escaped the genocide, Auray always wanted to come back, work and help to reconstruct his country.

Krousar Thmey School for the Deaf and BlindAuray takes me to see the recently built school for deaf and blind children. It is made up of several large buildings and is  painted bright yellow. It cost around a million dollars to construct. There is the sound of plinking and plonking which comes from a faraway music room.

We go to visit  the classrooms. In the first one, I see one teacher and two students. They are deaf and she is teaching them to speak. In order for them to understand the sound, she does things like tap the back of their hand, blow on the skin of their forearm and I suppose, generally create the physical acoustic context for the right sound to be produced. After 3 attempts, the little boy gets it right. She is very patient and the scene is mesmerizing.

In a second classroom, in total silence, a teacher is drawing on the board and communicating through sign language. It is a balletic experience to watch all the student’s eyes and their hand movements  – like trees  waving and rustling in a breeze. The teacher is an ex-student of Krousar Thmey and also deaf.

Girl, age 7, learning Braille
Girl, age 7, learning Braille

The classrooms for the blind are also very quiet. The only sound that permeates the school is still from the elusive music room.  It is rather soothing and I wonder if the deaf children can pick up on the vibrations being transmitted. I am now in a first grade class for Braille and the students are learning their letters. In the next door classroom they are learning to count, using an abacus.maths class for the blind

The school also has an IT room and I get a demonstration of JAWS, the software that can talk a blind person through all the manoeuvres required to use a computer and to get online. My interlocutor is so on-the-ball, he belongs in a thriller. I am beginning to feel a bit speechless – standing in a room full of alert students, while the disconnected, American-accented voice of JAWS periodically voices instructions like  ‘press enter.’  Auray quickly takes me to see the printing room.

The school also ‘translates’ and produces books in Braille – often one text book requires the equivalent of 3 text books for one Braille translation. KT print around 4000 text books a year.

We leave the school and Auray drives me back to central Phnom Pehn through afternoon traffic. Later I listen to Benoit, their founder speaking on French radio, and it is clear that this is all excellent work done to a high standard.

Krousar ’s other programmes include care for streetchildren and promoting the arts as a means of creating a cultural context for children who have been disadvantaged by birth or circumstance. They directly benefit 3,500 children, which means, including families or extended families, around 10,000 beneficiaries.

The radio interview:  http://www.krousar-thmey.org/BenoitEurope1.mp3

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Anna-Louisa Psarras in Phnom Penh; Krousar Yoeung and Cambodian Living Arts »

December 15th, 2010

15th December

I awake for my last full day in Cambodia in Siem Reap. I vault into a tuk tuk at 6am and buzz towards the airport edging ever closer to Phnom Pehn for my final day of meetings. Yet again, the sky cracks into schizophrenic rainfall. I clutch my luggage to my chest beneath the flimsy canopy of the tuktuk.

175I land in Phnom Pehn at 9:30 and zoom to the guesthouse to drop my luggage before bouncing back into a tuktuk and speeding off to the North West of Phnom Pehn to meet with Krousar Yoeung. Sandra spent the day visiting their project work on 2nd December, but we have arranged another short meeting with their Executive Director, Ky Samphy.

She is a charming lady. Tiny. Elegant. Graceful. She has an air of fragility and determination about her, conflicting qualities that somehow compliment each other in her. She weaves between Khmer, French and English as she explains the work of Krousar Yoeung, highlighting both the successes and the challenges they face. We already have a full report on them and Sandra has visited their work in action so this meeting can be relaxed.

Ky captivates me when I ask her what drew her to teaching. She is passionate about education; preschool education in particular. Her husband was a teacher. He was captured by the Khmer Rouge and taken to a rural work camp during Pol Pot’s reign. He never returned.

Separated from him by war, she was placed in another camp under the Khmer Rouge’s land reform programme. Like so many others, she was starved here and forced to work the land. She gave birth to a daughter here. The baby died in the camp. So too did Ky’s sister.

She tells me she watched the birds; was inspired by their eating banana tree roots. She imitated them to survive: And survive she did. She had no alternative: By then she was responsible for her own children as well as her orphaned nephews and nieces: 15 children in total.

Hearing her story, I understand the interplay between her fragility and her determination. I also understand her commitment to children and teaching. To reversing the brutal legacy of the Khmer Rouge and their destruction of the educational system she and her husband had nurtured before Pol Pot’s grim reign. Her work at Krousar Yoeung is honouring a commitment that cost so many their lives.

The educational system has still not recovered, though it is on its way. The tiny, gentle, courageous and determined lady standing before me is very much a part of the recovery process. I leave moved, continuing south into Central Phnom Pehn for my next meeting.

I arrive an hour later at the studios of Cambodian Living Arts where I am met by Phloen, CLA’s charismatic Director: He is also the Entrepreunerial founder of Artisans D’Angkor, one of Cambodia’s most successful art companies.  He leads me up to a mezannine music studio to discuss the work of CLA.

The organisation was founded in 1998 by Arn Chorn-Pond, a Cambodian American refugee who was forced to become a child soldier of the Khmer Rouge at 14. He survived his experiences by playing the flute.

Following his participation in the “Children of War” in the early 80’s, Arn travelled the world speaking about his experiences under the Khmer Rouge, meeting many eminent people as he travelled.

The Khmer Rouge not only destroyed Cambodia’s rich educational legacy; they also eradicated a its cultural and artistic identity. Arn returned to Cambodia in 1995, vowing to restore Cambodia’s artistic heritage by seeking out surviving masters of music and dance to breathe life back into Cambodia’s fragile heritage.

The product was Cambodian Living Arts. Their four core programs—teaching, performing, recording, and new commissions—support 16 master musicians and nearly 300 students and assistant teachers to generate income, inspire leadership and enable the preservation and celebration of Cambodia’s heritage.

193It is a simple, fascinating and noble mission enforced by a dedicated, talented team. I leave the centre to visit the “Building” where a workshop is being held in preparation for a performance tomorrow night.  “Building” is also the subject of Alnoor’s film and blog.

I hop onto a motorbike outside the studio and we speed off, whizzing the wrong way around a large roundabout, taking on the oncoming traffic, before reaching an emergency stop outside the “Building”. We climb 4 flights of stairs and wind down a dark passageway before reaching a scruffy, cramped room teeming with teenagers and performers. I feel like I am in a Cambodian version of “Fame”. I am led to a corner where I sit down before the rehearsal starts.

For the next hour, I am privileged to witness traditional dancing and song by children and young people who are engaged with CLA. I hear from them how CLA has contributed to them and their lives. Without exception, everyone I speak to has become a professional performer, something they are clear would not have happened had it not been for CLA. It is massively inspiring and I leave two hour later with a spring in my step to return to the hotel to pack.

What an extraordinary day it has been. Today more than any other here has been marked for me by what was destroyed by the Khmer Rouge. But beyond that, it has highlighted an unflinching spirit of revival and the courage of people in the face of great adversity to recreate what has been lost. It has highlighted a tremendous pride and determination to regenerate what could have been lost forever, were it not for others having the conviction and vision to stand up for what they believe to be important.

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Murray Shanks in Phnom Penh at the “Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea” »

December 12th, 2010

12th December 2010

The extraordinarily named “Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea” was established under a 2003 treaty between the UN and Cambodia.  It is a hybrid court containing Cambodian and international judges funded by the UN set up specifically to try the surviving Khmer Rouge leaders.  The court is housed in a group of buildings (including a holding prison for those who have been indicted) located at the end of a strange finger of territory that is part of the city of Phnom Penh.  It is in this finger because the treaty required the court to be sited within the city of Phnom Penh while the most convenient place for it was just outside the existing city limits and so the dilemma was solved by extending those city limits.

Last Friday I took a taxi through the seemingly endless suburbs of Phnom Penh into that finger of territory to visit the court with Ms Chan, one of the girls rescued from an abusive orphanage in Battanbang in 2006 by the remarkable Tara Winkler.  She is a very bright girl who is now at a good high school in Phnom Penh and she is keen to become a lawyer one day.

Friday was World Human Rights Day and a national holiday in Cambodia so ironically only the UN appointed international staff were working at the court.  We were met by Lars Olsen, the Legal Communications Officer, and Judge Rowan Downing, who spent two hours showing us round and explaining the working of the court.  Judge Downing is an Australian steeped in the common sense of the English common law but experienced too in the ways of international courts and the French system of criminal justice (on which the Cambodian is based).

We were shown the two court rooms, the vast public gallery, the judges’ retiring room, the holding cells below the court, and the court offices.  The whole thing is a vast undertaking: the court operates in three languages (Khmer, English and French) so everything has to be simultaneously translated; it has the most extensive and sophisticated electronic communications system in a court that I have seen; there are hundreds of thousands of documents to deal with; up to seven judges at a time hear applications and trials; the French system involves the judges being responsible for the whole investigative and trial process so there are pre-trial, trial and appeal chambers; and the court’s statute entitles injured third parties to be heard and to seek compensation (and thousands have sought to do so).

So far only one trial has been completed: that of Kaing Guek Eav (alias “Duch”), the infamous Chairman of the S-21 interrogation unit in Phnom Penh.  In July 2010 the trial chamber produced a 275 page judgment finding Duch guilty of crimes against humanity and grave breaches of the Geneva Conventions and sentenced him to 35 years imprisonment.  Although he co-operated throughout the process and effectively accepted his guilt he is now appealing and seeking to resile from that position.  He therefore continues to be held at the court prison rather than in a regular Cambodian jail.

The next (and possibly last) trial is of four senior Khmer Rouge party members, including Pol Pot’s citizen no 2.  The trial proper will start around April 2011 so the pre-trial chamber in which Judge Downing sits is busy at the moment with many issues that are arising before the cases are ready for trial.  These four defendants (three men, one woman) are now old and infirm, a feature which adds to the logistical nightmare of holding the trials, not least because of the frequent need for rest breaks.  The holding cells below the court room not only contain television links to the court room but beds for them to rest on during breaks and a stair lift to get them upstairs to court.

Ms Chan’s reaction on seeing those holding cells was very telling; she was completely amazed to think that Duch had actually been there and that he had been held in such relative comfort.  And she was sure when Judge Downing told us about the necessity for security arrangements in the courtroom to protect Duch from people wanting to take revenge and kill him that she would be among those who wanted to do just that.  The good judge patiently reminded her that even Duch and his comrades were entitled to protection by the law and to a fair trial before they could be considered guilty and worthy of punishment.

Whatever her private thoughts about that message were I found it re-assuring to see that Ms Chan, who was born more than 10 years after the defeat of Pol Pot, cared so much about how her people had suffered at the hands of Duch and his comrades.  It made the whole cumbersome and expensive process seem worthwhile.  As we travelled in silence back to town and I tried to find my way around that 275 page judgement I could sense her sitting beside me wide-eyed at it all and perhaps determined to have her own better and sweeter revenge for her people’s suffering.

Murray Shanks

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