Nate Thayer

Expat Returnees pose legal questions for the West By Nate Thayer

Expat Returnees pose legal questions for the West

Phnom Penh Post

Friday 10 March 1995

By Nate Thayer

Some come back for the best of reasons, some are "less than altruistic." Expat returnees are posing hard legal questions for their adopted homelands. Nate Thayer reports.

WHEN Sok Chenda Sophea returned to Cambodia in 1992 after nearly two decades in exile in France, he came with a vision of doing his part to help rebuild his shattered homeland. The 38 year old Chenda, now an under secretary of state for the Ministry of Tourism , cuts a sharp figure with his European tailored suits, fluent French and English, and university and professional background in advertising and tourism promotion. His government salary is the equivalent of US$27 a month.

Likewise, Samnang Siv, 39, quit her US$90,000 a year job working for a biotechnology firm in Massachusetts in the US in April 1994 and returned to Cambodia. Leaving behind her husband and 20 year old son, she now serves as an advisor to the Minister of Tourism, and, with fluency in three languages and her dynamic personality, has been instrumental in assisting foreign companies to come to Cambodia and invest.

"I have been given 40 liters of petrol for my car," she says, and no salary yet. "I just want to contribute my knowledge, my skills, and help my government. I think they need people like me."

In a country whose most decimated commodity after decades of warfare is it's human resources, Sok Chenda and Samnang Siv are exactly what Cambodia needs to get back on it's feet. And there are hundreds of Khmers like them who have brought back their technical expertise, leaving behind "the good life" for reasons that are explained in terms little more complicated than a patriotic commitment to their native lands. "I just want to help my country and people," says Chenda.

But along with the good has also come the bad. Cambodia is choc-a-bloc with scores of corrupt and rapacious ethnic Khmers, many holding foreign citizenship and passports, who have returned since the fall of communism and are now officials in the new government. According to many businessmen and other Cambodian officials, the ranks of government are filled with foreign citizens lining their pockets with kickbacks.

"Oh boy," says Chhang Song shaking his head, "We were puritans compared to these guys."

Chhang, a former Minister of Information in the notoriously corrupt, US-backed Lon Nol regime that fell to Pol Pot's Khmer Rouge in 1975, is an American citizen from Washington, DC who recently returned to serve as an advisor to the current government.

The recent phenomena of foreign citizens returning to participate in the rebuilding of their countries since the collapse of communism and the cold war has raised a new set of legal and other complexities for the mostly western governments that the returnees hail from. While Cambodia stands out as a particularly stark example, it is also increasingly common in Eastern Europe, the former Soviet Union and the Baltic states.

A recent Prime Minister of Bosnia Herzogovina is an American. And in 1992, when an American citizen was chosen as defence minister of the newly independent Lithuania, the U.S. government forced him to make a choice between his passport or the job. A recent Foreign Minister in Armenia was also an American. A Wisconsin politician, Rudy Perpich, was considering accepting the post of Prime Minister of Croatia in 1991. But when U.S. authorities informed him they could not guarantee that he could maintain his American citizenship, he declined the position, according to U.S. diplomats.

But nothing compares to Cambodia. Senior officials who are citizens of foreign countries include the Queen, the First Prime Minister, the Ministers of Foreign Affairs, Interior, Education, Agriculture, Rural Development, Women's Affairs, Tourism, Information, and even Culture.

As well, the head of the powerful Cambodian Development Council, at least 30 members of Parliament, numerous provincial governors, secretaries and under secretaries of state, civil servants, ambassadors, and military generals hold foreign citizenships.

The bulk of these officials hold French, American, or Australian passports, but Canada, New Zealand, Japan, and Switzerland are also represented. Most fled on the heels of the communist victory in 1975 or through refugee camps on the Thai border set up after the Vietnamese invasion of Cambodia in late 1978.

"On the one hand we want to encourage them to come back to help reconstruct their country," says a US diplomat, "This is a good thing. But there are complications."

While American law states that a US citizen cannot take an oath of allegiance to a foreign government, the law is rarely enforced. "The policy has shifted over the years since the end of the cold war," said a US government lawyer familiar with the issue. "We now approach these on a case by case basis."

One reason, say diplomats from several governments, is that many of the senior officials in the newly emerging democracies would not return to help reconstruct their homeland if forced to give up their foreign citizenship. " The political situation remains unstable during the transition period in many of these countries. They fled for their lives to exile once before, and they want to keep that option open," said a Phnom Penh based diplomat.

A US government internal cable sent to all embassies in February offered instructions on how to deal with U.S. citizens serving foreign governments. It cited several "potentially expatriating acts" which include "joining another country's armed forces" or "taking an oath of allegiance to another government". Scores of Cambodian-Americans fit that bill. It also requires embassies, under section 349 of the US Immigration and Nationality Act of 1952 , to inform Washington of any "high level official in a foreign government in a policy making position" who is an American citizen.

But US diplomats say that the courts have now interpreted that Americans can serve in foreign governments as long as they had "no intent of relinquishing citizenship." In effect, it is largely up to the American citizens, according to current US government legal interpretation, whether they choose to give up their citizenship when they join the ranks of a foreign government.

Indeed, foreign governments find benefits in having their citizens in positions of influence. It does not hurt Australia, for instance, to have the Cambodian Foreign Minister hold Australian citizenship. Nor is it detrimental for Australia-which dominates the telecommunications industry in Cambodia-to have Australian citizens in charge of the Ministry of Post and Telecommunications.

The French, who have campaigned strongly for the reemergence of Francophone in Indochina, can only be pleased to have the Cambodian Minister of Culture a French citizen. And the Americans have used Cambodia's top cop, an American citizen, You Hokry who hails from Maryland and serves as minister of interior, to get US citizens in a pickle extra attention.

But there are numerous potential minefields in this new post cold war phenomena. It is well known that many Cambodian government officials who hold dual nationalities are lining their pockets with kickbacks, and their reasons for returning to Cambodia may be less than altruistic. Some Cambodian officials believe that many are here to cash in and have little interest in remaining in Cambodia.

But if they are US citizens, they must file US taxes. "The law is clear. You must declare all your income, whether illegal or legal," said a spokesman for the United States Internal Revenue Service. The US tax laws are often used to collar bad guys involved in more difficult-to-prove criminal activities, such as drug running. As an example the IRS spokesman cited Al Capone, the famous US gangster of the 1930's, who was ultimately jailed for tax evasion. It is common practice for Cambodian government officials to receive kickbacks, and rumors abound of the millions of dollars being pocketed by various officials.

Current Finance Minister Kiet Chhon, estimated that lost revenues from corruption is about US$100 million a year-or more than one-third of internally generated revenue.

"It is shameful," he said.

Senior government ministers privately grouse about a number of their colleagues who are on the take. One example is over a recent US$1.3 billion contract awarded to a little known Malaysian firm, Ariston, for gambling casinos and related development projects in the seaside resort of Sihanoukville. Two senior government officials say they have "proof" that another senior government official-who holds an American passport-received a US$10 million kickback for awarding the contract to Ariston. They say that other companies, including the American hotel firm Hyatt, who bid for the contract "never had a chance" and the corrupt process did "immeasurable damage to our reputation among investors."

Former Finance Minister Sam Rainsy, sacked last fall, and the country's most aggressive anti-graft fighter, said on March 2: " I have spoken with one of the other bidders which did not win the contract...They have been asked ten million dollars in cash. They (were told ) that 'if you give us 10 million US dollars the contract is for you.'" Senior government sources say the official who received the kickback is an American citizen and the company in question which was denied the contract was an American firm. American companies are prohibited by American law from paying bribes to foreign governments, but it is unclear whether American citizens working for foreign governments can receive them without breaking American law.

"In the last few months, the Royal Government of Cambodia has signed a number of contracts with foreign private companies in circumstances which are, to say the least, dubious. These dubious contracts are seriously harmful to the country, the administration of which has become more chaotic and less transparent," said Rainsy. He himself is a French citizen, an elected Member of Parliament, and regularly rates as one of the Kingdom's most popular politicians in public opinion polls.

Furthermore, it remains untested, say legal experts, whether foreign nationals holding senior government portfolios could be charged under criminal and civil laws that apply to the country they hold citizenship in. Of particular concern could be such positions as Minister of Interior or senior officers in the Ministry of Defence who hold American or other passports and ultimately are responsible for the conduct of their subordinates, human rights lawyers point out.

In Cambodia, both the police and military have been repeatedly implicated in human rights abuses including torture and murder in recent years. Rarely, despite cases with overwhelming evidence, are the offenders arrested or prosecuted. The U.S. Torture Victims Protection Act does allow for American authorities to prosecute American or other citizens implicated in torture overseas.

Amnesty International, in a report to be released on 14 March, a copy of which has been obtained by the Post said "members of the armed forces and police are able to impose their will on the civilian population with impunity, committing acts of violence including deliberate and arbitrary killings and extra judicial executions....the Cambodian authorities appear to lack the political will and ability to bring these violators to justice." The report, and an earlier one released by the United Nations Center for Human Rights, cite numerous cases of torture, including military officers involved in eating the livers and gall bladders of their prisoners, and cutting off the heads of prisoners who are alive and under interrogation. The government has, to date, refused to arrest the officers involved.

"Theoretically, they could be charged with, say, conspiracy to obstruct justice," said one human rights lawyer, citing superior officers - who hold foreign citizenship - of subordinates involved in torture. The Cambodian Co-Minister of Interior and scores of senior officers in both the national police apparatus and the military hold US passports.

But "There would have to be some act committed on American soil," insisted a US government lawyer responsible for analyzing such issues. "In general, U.S. law does not follow them around."

But Cambodia's reputation for political thuggery has even spilled over to American soil. Last year, a Cambodian general-an American citizen- was back in California and allegedly threatened a California-based, Khmer language newspaper editor with arrest and death if he returned to Cambodia because of articles critical of the new government, according to complaints filed with U.S. authorities by the newspaper.

U.S. government sources say the general was back in the U.S. to take care of his annual tax obligations, when he read the articles that offended him.

And last month, when an American relief worker in a remote province suffered a heart attack, an official of the Civil Aviation Authority refused to allow an emergency medical airplane run by a non-profit Christian relief organization to take off from Phnom Penh until "fees" were paid. The Civil Aviation official is an American citizen. Could an American citizen be charged with relevant criminal or civil complaints-such as extortion-committed against another American citizen, even though the criminal act was committed on foreign soil? Such questions are largely, so far, in uncharted territory.

"To tell you the truth, we don't like to talk about it. It's a headache," said one American diplomat.

Frantic calls from Regent's Rm 406 : Coup Leader Holed up in PP Hotel

"frantic calls from regent's Rm 406"

Phnom penh Post

Friday, 15 July 1994

By Nate Thayer

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T he Post's Nate Thayer describes how he shared Prince Chakrapong's final hours in Cambodia after receiving a dramatic 6:30 am phone call.

Loyalist troops had taken positions throughout the capital on the night of July 2 as rumors swept the city that a coup attempt was imminent. Heavily armed soldiers were positioned outside the homes of government leaders and military installations by dark, and the children of senior officials were ordered to stay out of the city nightclubs.

Officials confirmed "there will be trouble tonight" and spoke of a coup attempt.

At 3:00 am government forces surrounded the houses of the alleged putsch leaders, who they named as former Interior Minister Sin Song and former Deputy Prime Minister Prince Norodom Chakrapong.

Their houses were invaded, and weapons and communication equipment seized. Sin Song was arrested and allegedly confessed to his role in launching a coup. Chakrapong had fled his house hours before security forces arrived.

At 6:30 am a call to this reporter said "call this number" and hung up. A jittery voice answered after I dialed the mobile phone. "This is Prince Chakrapong. Please, please help me," he said in a frightened broken whisper, "Come right away to the Regent hotel. They have surrounded me. They are trying to kill me."

In the 20 minutes it took for me to arrive, the Prince called me seven times begging for me to come quickly. "I am alone. Please, before they kill me, come now. Call the American Embassy and tell them my life is in danger."

He was obviously hoping that a foreign presence might prevent the security forces from harming him.

Government troops and security forces armed with machine guns, rocket launchers, and carrying walkie talkies were positioned on the street corners and entrance ways around the hotel near Monivong Boulevard when I arrived on the otherwise quiet early Sunday morning. But no one tried to stop me, probably thinking I was a hotel guest.

Inside, hotel workers, white with fear, stared blankly in response to my inquiry of where the alleged coup leader was staying. But maids hovering in an upstairs hallway, opened Room 401.

A disheveled, barefoot, and petrified son of King Sihanouk was found emerging from a crawl space above the ceiling of his hotel room, begging for help.

"Please, they are trying to arrest me. They will kill me. I am innocent. Please tell the American Ambassador to come right away. I need protection," the wide-eyed Prince said, near tears, and jittery from lack of sleep. He was alone. The bed was still made, and the curtains were drawn. A ceiling panel was removed revealing a small dark crawl space. A chair was under it to allow one to climb up. He said troops had been surrounding him since 3:00 am.

"I hear the rumor that I plan to make a coup d'etat. I am innocent. I have nothing in my hands. I have no political influence now. I have no troops," he said. "Please don't leave me."

So began a four-and-a-half-hour drama that, after scores of frantic phone calls and negotiations, ended with the Prince being whisked to the airport by military escort and forcibly exiled via a scheduled Malaysia Airlines flight to Kuala Lumpur.

Frightened hotel staff hovered in hallways and peeked out of rooms in the otherwise completely silent hotel.

Realizing that there was no press or diplomats aware of the developments, and I was alone with a hunted, hated alleged coup plotter. Surrounded by troops clearly prepared to invade, I opted to rent my own room down the hall, with a better view of the troops, street, and hotel entrance way.

I went downstairs to the front desk asked for Room 406 and handed over cash. The desk clerk stared with a furrowed brow look of fear and alarm, said nothing, and handed me the key.

I thought that it might diminish the incentive of the troops outside to act precipitously if I was in a room rented under my own name, and buy time to interview the Prince. The Prince thought it was a great idea and came over to Room 406.

I made a quiet call to senior government contacts and diplomats informing them of the situation, hoping that they would get the message to the troops downstairs - quickly.

My phone rang a few minutes later, saying that Co-Prime Minister Ranariddh was aware I was with the man who allegedly was trying to topple his government and assassinate top officials.

The three mobile phones in my room rang constantly. More than 40 calls came in within the first two hours, as Chakrapong desperately tried to delay the troops from arresting him, and attempted to convince US Ambassador Charles Twining to give him political asylum.

Chakrapong repeatedly denied to me that he was involved in any coup attempt, cursed the leaders of the government, begged for my help and asked me not to leave him if the troops invaded.

He fielded phone calls constantly on his two phones, often listening silently and hanging up, speaking in English, French, and Khmer.

King Norodom Sihanouk rang from Beijing. "I am alright Papa, but the situation is bad. They have surrounded me," he said at one point.

As more calls came in he broke down and again moist-eyed. He looked dejected as Queen Norodom Monineath Sihanouk kept him up to date from Beijing with the state of her negotiations with government leaders over allowing him exile.

"It is not the Queen, but as my parents. It is not politics, it is as a son," he told me when asked whether King Sihanouk and Queen Monineath supported him.

For the first two hours, he was in fear of his life, convinced that if arrested he would be killed.

"They tell me that if we criticize the government, we are serving the interests of the Khmer Rouge. If I am arrested, the embassies must stay with me, to keep looking for me. Please don't let them take me anywhere. Please don't leave me alone," he said to me.

The Prince asked me to contact the US Embassy to request political asylum. I give him the mobile telephone number of the US Ambassador Charles Twining. He calls and Twining is put on the phone. "I ask your protection, your excellency. It is a human right. If you don't come to protect me I prefer not to go outside. I prefer to die here. I will stay here in the room. How can I trust them if they bring me somewhere?", he says to Twining.

Prince Chakrapong's face shows that the American Ambassadors response is not positive. "Please your excellency, if they bring me outside, if they arrest me, they will kill me."

Chakrapong hung up from Twining and went to look outside. The street was quiet save for troops standing guard. "Twining says 'you are not an American citizen, we cannot help you,' " he said.

"They say this is a liberal democracy," staring from behind the curtain down at the soldiers, "They are silencing all opposition now. We will all be accused of serving the interests of the Khmer Rouge. The whole world must know that this regime accuses me without proof. If the free world helps this regime it is the end of democracy."

Another American diplomat called my phone: "Tell Chakrapong he is not a US citizen. As long as the government proceeds in a legal fashion regarding his human rights, there is nothing we can do to interfere in a sovereign government."

But the American message of rejection of official protection was clear.

Crying young hotel maids burst into the room at one point: "The soldiers are coming. They are inside now."

A disheveled Prince - barefoot, shirt unbuttoned, sleepless, and dejected-began to put on his shoes. He handed me his wallet and mobile telephones and asked me to give them to his daughters. "Please make sure my daughters are alright. The soldiers invaded my house last night and they were there."

But the soldiers didn't come in. And the phones rang incessantly, sometimes three at the same time. At one point, Chakrapong had King Sihanouk on the line in one hand, and Twining on the other.

The Queen was still negotiating for safe passage out of the country.

Finally Prime Minister Ranariddh - Chakrapong's nemesis and half brother - agreed to allow the Prince to leave the country. "If I am allowed to join my family in Malaysia, I will accept," he said at one point.

By 10 am we saw Twining, other diplomats, and press begin to gather on the street, to the great relief of the Prince.

"I have given ten years of my life for my country for nothing. They are looking for a plane for me," he said after hanging up from a call from the queen.

"I want you to tell them I am innocent. I am a military man. I know how to make a coup. Now, I have no power and no forces. How can I make a coup? If I was to do something would I stay here in Phnom Penh?

"I left last night with no bodyguards to come to the hotel because I felt something was wrong. Like when I was in the jungle. I knew on the battlefield when something bad would happen. But I was not afraid because I was innocent."

The military called from downstairs to say that the troops were coming to our room now and that the Prince would be allowed to leave the country.

He turned to me: "Please do not leave me. I will only leave if you go with me to the airport in the same car. They may not take me to the airport."

There was a strong knock on the door and I went to open it. A score of heavily armed soldiers and security police waited in the hallway as Twining and Co-Minister of Interior You Hockry entered alone. The four of us sat down.

Hockry asked me to leave. Prince Chakrapong asked that I stay. I said nothing.

"We will promise your safety to the airport. I promise there will be no guns on the plane. The best thing for us it to bring you safely to the airport," Hokry told the Prince.

Men were sent to get passports and luggage at Chakrapong's house. A Malaysian Airlines plane was held on the tarmac at Pochentong as Chakrapong was assured that he would be allowed to safely leave the country.

The behavior of several Ministry of Interior police, who were poised to arrest the Prince until minutes before, now went through a bizarre somersault. They entered the room crouched on their knees and hands clasped to their heads in deference to Royalty as they went about their business preparing to send him to exile.

The Interior Minister said that Chakrapong's alleged collaborator, Sin Song, had confessed. "I think that one or two people cannot do this kind of thing. There will be more arrests," he said. Chakrapong stared blankly, with a mixed expression of anger and fear.

At one point, while, we waited for the motorcade and luggage downstairs, Twining turned to Hockry.

"I just remembered, there will be a fireworks display this afternoon at the fourth of July celebration," he said, suddenly realizing that, as a jittery city emerged from an attempted coup, explosions in the city might not be timely.

"Do you have authorization?" the Minister shot back to the Ambassador, with an alarmed look on his face.

When the mobile phone rang to say that the motorcade of troops was ready, we left the room to walk to the street. Hotel staff and soldiers clasped their hands and knelt in respect as Chakrapong was led by a bevy of sunglassed, automatic weapon-toting officials through a throng of cameras waiting on the street.

Shoved into a sleek Toyota with black tinted windows, we were whisked to the airport in a convoy of a score of cars, including one with Twining. Streets were blocked off and hundreds of people lined them to watch the motorcade pass. The plane was waiting at the airport, full of curious passengers, as Chakrapong was whisked on board and the flight departed.

He called several hours later from Malaysia saying: " I want to thank you sincerely for saving my life. They would have killed me if you had not come. I am innocent. I was not involved in anything. Tell them I am innocent."

 

 

Friday, 15 July 1994 14:00

Rebel Group Outlawed by Cambodia; Thais Implicated In Coup Attempt

Rebel Group Outlawed by Cambodia; Thais Implicated In Coup Attempt

The Washington Post

July 8, 1994 | Nate Thayer

Cambodia today passed controversial legislation to outlaw the Khmer Rouge rebel group, raising tensions in a government still jittery from a weekend coup attempt.

After the 98 to 1 vote in the National Assembly, Prince Norodom Ranariddh, who holds the title of first prime minister in a shaky coalition government, called on all countries to bar Khmer Rouge members from their territory and "arrest those outlaws" who he said will be named on government lists of Khmer Rouge officials. His remarks were aimed primarily at neighboring Thailand, where military officers and businessmen have long maintained ties with the notorious communist guerrilla group.

At the same time, however, Ranariddh publicly accused Thai citizens of involvement in the coup plot, which was apparently directed against him and his royalist Funcinpec party by hard-line supporters of the Cambodian People's Party, his main coalition partner.

So far, authorities have arrested 14 Thais connected to a Cambodian general who confessed to involvement in the plot, and a number of others are being sought. Ranariddh said they included a Thai police official and nine Thai specialists in radio communications, weapons and explosives.

According to Cambodian officials and diplomats, the heavy emphasis on Thai involvement appears partly intended to deflect attention from the role in the plot of senior officials of the coalition government. The sources said the coup attempt, which had been in the works for months, stemmed from a broad-based plot by hard-liners in the People's Party to stifle growing dissent among their partners in Funcinpec. The royalist party won last year's U.N.-sponsored elections but has been unable to wrest real power from the formerly communist People's Party, which had ruled Cambodia since 1979 but finished second in last year's voting.

Strains within the coalition intensified after the People's Party rejected a suggestion by King Norodom Sihanouk in mid-June that a national unity government be formed that would include the Khmer Rouge. Today's legislation to outlaw the radical guerrilla group, accused of killing 1 million people while it held power in the late 1970s, has exacerbated splits within the government. Some Funcinpec leaders described it as a move to further sideline Sihanouk and consolidate the People's Party's grip on power.

On Wednesday, security forces arrested Gen. Sin Sen, the number-two official in the powerful Interior Ministry, on charges of involvement in the conspiracy.

The coup attempt started when a dozen armored personnel carriers and 300 rebel troops left the eastern province of Prey Veng for the capital late Saturday afternoon. It ended Sunday when supporting elements failed to materialize and a distraught Prince Norodom Chakrapong, Ranariddh's estranged half-brother and one of the alleged coup leaders, was allowed to fly into exile in Malaysia after pleading for his life in frantic negotiations by mobile phone from a Phnom Penh hotel room.

Chakrapong, 49, a son of King Sihanouk, initially eluded arrest and went into hiding in Phnom Penh's Regent Hotel. From there, he contacted this reporter at 6:30 a.m. Sunday, begging me to come quickly to the hotel in apparent hopes that the presence of a foreign journalist would prevent security forces from killing him.

What followed was a bizarre 4 1/2-hour drama in which the terrified prince engaged in desperate phone negotiations with Cambodian intermediaries, the American ambassador and, in calls from Beijing, King Sihanouk and Queen Monique.

After making my way past government troops and security forces posted outside the hotel with machine guns and rocket launchers, I found Chakrapong, disheveled, barefoot and wide-eyed with fear, emerging from a crawlspace above the ceiling of his room.

"Please, they are trying to arrest me," he pleaded. "They will kill me. I am innocent. Please tell the American ambassador to come right away. I need protection."

Agitated and near tears, he repeatedly denied any involvement in the coup attempt, cursed government leaders and begged me not to leave him in case troops invaded the hotel. He fielded calls constantly on two mobile phones, speaking in English, French and Khmer.

At one point he had Sihanouk on the phone in one hand and U.S. Ambassador Charles Twining on the line in the other. But it was his stepmother, Queen Monique, who appeared to take a leading role in negotiating with government leaders on Chakrapong's behalf to let him leave the country.

"I am all right, Papa, but the situation is bad," he told Sihanouk at one point. "They have surrounded me."

He pleaded with Twining for political asylum but was told the embassy could not help him. Twining eventually showed up at the hotel and joined Interior Minister You Hokry in discussions with Chakrapong on his departure from the country.

"I am a military man," Chakrapong told me in protesting his innocence before being whisked to the airport in a heavily armed convoy. "I know how to make a coup. Now I have no power and no forces. How can I make a coup?"