280 Jailed Kids – Cambodia

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The story about my visit to a friend in prison hit a nerve I think, because several people told me their stories of Cambodians who have ended up in prison, serving long sentences either for minor offenses (like my friend) or for totally trumped-up charges.

One organisation that works in this arena is LICADHO – the Cambodian League for the Promotion and Defense of Human Rights. They have their work cut out for them. They monitor 18 prisons and their reports show that, inside prison walls, life is dominated by corruption.

As they say: “There is a price tag attached to every amenity imaginable, from sleeping space to recreation time. Those who can’t afford to pay are forced to endure the most squalid conditions.”

For the past 20 years, on International Human Rights Day, LICADHO has provided small packages of extra food to the prison population and entertainment such as games, traditional dancing and shows performed by the prisoners themselves as well as speeches on the importance and universality of fundamental human rights.

What we do

LICADHO believes that regular visits by prison researchers deter abuses in prison and make it easier for LICADHO to intervene when they do occur. LICADHO’s prison activities include:

  • Interview incoming pretrial detainees to ensure that they have legal representation and can communicate with their families
  • Check for violations of pretrial detainees’ rights, such as illegal arrests and excessive pretrial detention/li>
  • Monitor the actions of court and prison officials to ensure that the legal process is conducted properly/li>
  • Assist families in visiting their relatives in prison and provide assistance in avoiding corruption/li>
  • Provide legal assistance, advice and support to prisoners who have suffered human rights abuses in prison or in police custody/li>
  • Work with prison and court authorities to ensure the timely release of convicted prisoners who complete their sentences/li>
  • Distribute food and materials to prisoners/li>
  • Provide medical treatment for prisoners and prison staff (provided by LICADHO’s Medical Office)/li>

LICADHO’s prison researchers also monitor living conditions in the prisons, looking at issues such as the quality of food, water, sanitation, the size and cleanliness of living areas, and exercise for prisoners outside of their cells. Information about prison conditions and any violations of prisoners’ rights are compiled for LICADHO reports and used for other advocacy purposes.

LICADHO is currently the only NGO in Cambodia with access to prisons that regularly shares its findings with the public.

They have a particular focus on basic human rights, (food, education, health,) as well as a determination to improve the lot of children who are either in prison on charges (sometimes streets are ‘swept’ of beggars) or are children of adults who have been incarcerated.

At the end of April 2014 there were a total of 280 juvenile prisoners incarcerated in the 18 prisons monitored by LICADHO, a more than 50 percent drop in the juvenile prison population since 2011. In addition there were 13 pregnant women and 40 children living with their incarcerated mothers.

Their research into prisons does not make easy reading when you know somebody who is stuck inside a Cambodian jail.  One guy who contacted me talked about a conversation he’d had with a prison guard who admitted, more or less, to beating-up prisoners. His rationale: “we want prison life to be less attractive than life in poverty outside of prison.”

For more on LICADHO’s Prison Project read PRISON PROJECT.

Also Caritas Cambodia and education-based NGO This Life Cambodia run positive programs assisting prisoners and their families. These are well worth checking out and supporting.

If you find my blogs at all interesting please feel welcome to press the FOLLOW button at the top left. I write as a supporter of Savong’s School in Bakong, but my topics of interest spread right out to education in general as well as to the arts and life in Cambodia in general. I try to write well-researched pieces and provide links where I can.

 

 

 

 

 

 

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A visit to prison in Siem Reap, Cambodia

Last time I was in Siem Reap, during Pchum Ben (which is the local thanksgiving festival,) I had arranged to meet an old friend that I’d first met in 2004. We’ve stayed in touch mainly through Facebook as well as through my sporadic visits. My friend is a tuktuk driver.

Now, tuktuk drivers have a life that would be recognised by taxi drivers everywhere. Times of busyness punctuated by long periods waiting for a job: for the next flight to arrive, or for the tourist season to pick-up.

As I found in Bangkok, being a western tourist – one becomes an easy mark for tuktuk drivers to do a little side business. In Bangkok the patter goes: “Hey mister, you want ride?”  I shake my head. “You want girl?” No thanks I say.  “Perhaps you like boy?” he tries. I wave him away.

In Siem Reap there seem to be just two levels to the hustle. “You want ride?” And if you say ‘no thanks’ then one is frequently asked: “you want drugs?”  Which I’m told is usually the offer of marijuana. Western backpackers probably generate a lot of business in this respect. Me? I’ve never used dope, though I did unsuccessfully try inhaling on a soggy spliff back when I was a student.

Now back to my friend. We had agreed to meet but he never showed up.

That was unusual, so Savong helped me locate my friend. We asked dozens of tuktuk drivers if they knew where he was. We showed photos. We tried bars where he was known to hang out. Nothing. He had disappeared.

Then word came through from one of the drivers. The police had – in an anti-gambling sting – raided a house and arrested several drivers who were gambling: betting on cards which is illegal in Cambodia. You can bet on kick-boxing, and you can put money on volleyball games, but you can’t gamble with cards. My friend was one of 12 arrested.

Savong phoned a policeman friend and we found out where our friend had been taken: to a prison on the south-eastern edge of town. The  Armed Forces Prison.

Now this is the good prison. There’s another prison in town which is older and with conditions that are, I’m told, far worse.

We went out to visit the next day. The photo above shows me standing on the driveway. Far from being a cold bastion of incarceration, the front entrance looked, well, festive. Silk banners were flying in the hot October breeze. Families, big and small, rich and poor, were turning up to visit. It felt like picnic day.

We registered our names, and handed in our cellphones, then waited in a small shaded waiting room, watching prisoners in their orange clothing which was more reminiscent in this country of Buddhist monks really, than of the standard prison garb we see on TV.  Some prisoners were carrying out light duties – escorting visitors to the meeting room, and running messages for the guards. One young guy, who clearly loved his role, had the task of announcing to visitors when their inside friend was ready to meet.

He proudly exhorted the two of us: “Mister Savong and Mister Duncan! – your friend is ready to see you!”  His enthusiasm was genuinely infectious.

So we went to the meeting room – a long room with half-height walls to let the breeze through, but divided down the centre by a long bench and chicken wire. Visitors on this side. Prisoners, at least 30 of them, on that side. One of them was my friend.

He lit up! After two weeks he’d had no visitors. The police had taken his phone and he has no family – he’s an orphan – so he had no way of knowing if anybody cared.  His face shone like a beacon.  Well, he had a black-eye also, but it was his smile that I most recall.

In Cambodia the law works upside down. If you are arrested you basically go straight to jail and if you have resources, then you can get a hearing to either plead innocence or plead for a lighter sentence. If you have no resources then basically you have to take what you’re given – in this case 3 – 5 years imprisonment. For a card game.

So no wonder he felt some relief. He had not been forgotten. Touching fingers through the chicken-wire we talked and laughed for a few minutes, then we talked about next steps. I’m helping Savong get a lawyer and we’ll do what we can do get our friend out. I suspect a judge will want to see reparation of some sort: money no-doubt.

The visit was unexpected and on one level incredibly interesting and actually enjoyable. Seeing my friend was really valuable and it honoured a promise I made 11 years ago, that I would never forget my friend. These promises are important to keep.

We were given a scant 15 minutes to talk and right near the end I asked him how he got his black eye.

“There is always a fight over food,” he told me. “Every dinner time, there is not enough food. People fight in our cell.”

“How many people in your cell?” I asked him.

“Twenty one brother. And me.”

And that’s the good prison. I hope upon hope that we can get him out soon.

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Cambodia’s balancing act on bicycles

New bicycle!

New bicycle!

Bicycles are the most common form of transport in Cambodia and yet there aren’t enough of them. When the photo above was taken, in late 2005, the boy had been the victim of a cycle theft; a first at Savong’s School. The thief had waited until class was in, and then helped himself to one of the many parked bicycles. The victim was distraught and it was not a good event for the brand new school’s reputation. We made good by promptly replacing the boy’s bicycle with a new one – and we placed the students’ bicycles under guard from then on. None have gone missing since.

But bicycle thefts are common in Cambodia, a signifier of the poverty that still plagues the country, as well as the thirst, especially, for new generation mountain bikes with their virtually puncture-proof tyres and sophisticated Shimano gears. One Facebook friend of mine lost his within 60 seconds after stopping at a roadside stall. He turned around and his Giant bicycle was gone.

As anyone who has ridden one knows, bicycles represent freedom. You can sail a bicycle further than you can comfortably walk, and it is the provision of bicycles that makes the difference for children in poor, remote areas between attending  school and missing out school completely.

Not surprisingly then, a large number of charitable organisations are dedicated to providing bicycles for disadvantaged Cambodian children.These include:

Readers are invited to add others – there are many such initiatives.

The irony is, while we collectively buy new bikes, or gather and recondition used bikes from the west, and send these by container to Cambodia, the Kingdom is probably flooding your market and mine with bicycles made, actually, in Cambodia.

Cambodia is one of the five biggest bicycle exporters

These Cambodian made bicycles are selling fast in Europe where sales have climbed from 200,000 units per annum to more than 600,000 units (estimated) in just three short years. Cambodia is now the second biggest exporter of cycles into Europe now, behind only Taiwan.

Today, several Taiwanese-owned bicycle manufacturers are operating in Cambodia. They include Atlantic Cycle and its subsidiary A&J, who have operated in Cambodia since 2006, as well as relative newcomers Smart Tech (Cambodia) and Worldtec Cycles (Cambodia). The manufacturers are located in Svay Rieng province, near the Vietnamese border enabling components to be imported from Vietnam, and finished product ready for export across the border.

More recently the well regarded manufacturer of Specialized bicycles has also begun assembly in Cambodia.

To put things into perspective, here is the league table of global bicycle exports, as tracked by Daniel Workman, the founder of World’s Top Exports (WTEx) website: a great analysis of world trade patterns. Below are the 15 countries that exported the highest dollar value worth of bicycles during 2013:

  1. China: $3,189,787,000 (34.1% of total bicycle exports)
  2. Taiwan: $1,749,182,000 (18.7%)
  3. Netherlands: $669,720,000 (7.2%)
  4. Germany: $560,742,000 (6.0%)
  5. Cambodia: $437,076,000 (4.7%)
  6. Belgium: $275,488,000 (2.9%)
  7. Italy: $254,054,000 (2.7%)
  8. Spain: $185,760,000 (2.0%)
  9. Portugal: $173,618,000 (1.9%)
  10. Indonesia: $140,457,000 (1.5%)
  11. France: $139,044,000 (1.5%)
  12. Hungary: $137,902,000 (1.5%)
  13. United States: $125,300,000 (1.3%)
  14. Czech Republic: $118,654,000 (1.3%)
  15. Bulgaria: $115,392,000 (1.2%)

That was 2013, and exports have jumped since then.

Three reasons why Cambodia is the hot nation for bicycles

Why all this action? The answer is based on three things: cheap labour, anti-dumping moves against Chinese and Vietnamese manufacturers, and zero-tariffs for Cambodian sourced bikes into EU.

It is most probably the anti-dumping sentiment in Europe that kick started the growth of Cambodian cycle manufacturing. In Europe there was a concerted response to Chinese and Vietnamese made bikes that were flooding the market and threatening to damage, if not destroy the local bicycle manufacturing industry. Some manufacturers got round this by simply moving. their assembly factories from Vietnam to Cambodia

Besides labour costs in Cambodia are significantly lower than in neighbouring Vietnam and Thailand, which has also seen an out-migration of cycle manufacturing. With factory workers earning little more than $US65.00 for a 6 day week of full-time work, and the promise of fast-track approval by Government to remove any business red-tape, Cambodia has become attractive as an assembly point for bicycle manufacturers.

But here’s the clincher. Where bicycles from China or Taiwan or Thailand attract a 14% tariff in the lucrative EU market, Cambodian bicycles attract zero tariff.

The zero tariff goes back to an UNCTAD (United Nations Conference for Trade And Development) initiative, adopted by the EU, to encourage economic development amongst the world’s poorest nations (the so-called GSP List) by cutting tariffs.

According to the website of UNCTAD the scheme helps foster growth and job creation in developing countries. But according to the UNCTAD website the brakes may be coming on. Europe is likely to apply “cumulation” criteria to all bicycle imports. Put simply, if the parts are made in wealthier countries, and all Cambodia does is assemble these into bicycles, then the free tariff ride may be over.

Will the local cycle industry be big enough and resilient enough if this happens? And will the factory workers – whose conditions have been overshadowed by the garment workers case – get more than a living wage?

And does it make any sense to export bikes to a country that accounts for 5% of global cycle exports?

The answers, as usual in this complicated country, are not simple. The outcomes seldom fair.

In Cambodia – social hierarchy is important

Hierarchies are everywhere in Cambodia. Everybody has their place in a complex social pecking order.

Hierarchies are everywhere in Cambodia. Everybody has their place in a complex social pecking order.

Cambodians have a very strong sense of hierarchy within society. Parents are superior to children, teachers to students and managers to subordinates. Even in the way the Khmer language is structured: the various pronouns recognise the relationship between two people in conversation.And, as ever-faithful Wikipedia points out, there are rich traces of hierarchical or social classifications in everyday language.

The Khmer language reflects a somewhat different classification of Khmer society based on a more traditional model and characterized by differing linguistic usages (see Languages, this ch.). This classification divided Cambodian society into three broad categories: royalty and nobility, clergy, and laity. The Khmer language had—and to a lesser extent still has—partially different lexicons for each of these groups. For example, nham (to eat) was used when speaking of oneself or to those on a lower social level; pisa (to eat) was used when speaking politely of someone else; chhan (to eat) was used of Buddhist clergy, and saoy (to eat) was used of royalty.

You can see hierarchical behaviors in everyday scenes. Monks can be seen walking in rank order, highest in front and most junior at the rear.

A feature of social hierarchy in Cambodia is the “patron-client” relationship in which wealth and power trump poverty and dependence. You see this expressed on a grand scale (the Prime Minister’s patronage/power versus the public) but also on an everyday level where a village elder who is both typically older and wealthier than the people under his patronage, may have many people obligated to him in return for this or that favour.  That’s the essence of the hierarchical relationship: it isn’t held together by overt power so much as by nuanced reciprocity. This from Dr Judy Ledgerwood in her paper: Understanding Cambodia: Social Hierarchy, Patron-Client Relationships and Power.

Both sides provide goods and services to the other. The patron possesses superior power and influence and uses them to assist his clients. The clients in return provide smaller services and loyalty over an extended period of time. The relationship is complementary, with both sides benefiting. The client is protected and assured a minimum level of subsistence. The patron in turn has followers, who serve to increase his power.

The relationship between the patron and the client is a personal one. The clients are not united as a group; rather they are linked to the patron by personal obligation. This then works in a pyramid fashion, midlevel patrons know someone higher and they in turn know someone higher – up the social ladder. The only way to get something that is beyond your capacity is to attach yourself to a superior.

Where does this social stratification come from? It is thought that it originates more than 1000 years ago in the Hindu caste system, though it has been tempered by the more egalitarian Buddhist philosophy. But herein lies a spiritual dimension to the patron-client relationship. There is an inference that success and power in life reflects one’s spiritual attainment and that you are my patron not simply because you are powerful, but because you are spiritually more blessed having shown great piety in your life.

Again, one can see this linkage, quite overtly in the political theatre – and it’s not unique to Cambodia – where powerful leaders invoke religious devoutness in their various ceremonies. But the charade kind of works! A good patron must do as a good Buddhist – and be generous of spirit, and grant favours to the less fortunate. In a sense there is some social control here to ensure a measure of fairness in an otherwise unequal relationship.

But the social acceptance and institutionalization of hierarchy has a dark side as well. As my patron, you might expect me to show my humility (when asking you for a favour,) by granting you an offering. Fair enough? Though at what point does this constitute simply a bribe?

And in an increasingly complex society who are my Patrons? One hundred years ago it might have been easier to answer this. My village elder perhaps. Or the head monk at my monastery.  But today a villager must also pay respect to the village elder, the local police, quite possibly the local political part organisation, not to mention the bank.

Meanwhile these patrons are bound less by religious values, and more by the desire for more power, or greater wealth. The old rules may apply, but the game has changed.

Foreigners are often greeted with a long list of questions as Khmer try to ascertain your place in the hierarchy. Are you the President of your company? Or a low level employee? Are you a friend of the Government and the Minister in charge?

I recall Savong telling me of an incident that occurred 3 years ago. A policeman was trying to bribe him, and he wanted Savong to meet him at Police HQ, Bakong to “sort out a little matter.” According to the Policeman the District Governor was “most displeased” with Savong’s School because it wasn’t registered. (Actually it was, and Savong had the papers.)

The Policeman phrased his story as a Patron. Look, he had contacts with the Governor’s office, and for a small consideration (of several hundred dollars) he could sort this matter out.

“Why don’t we sort this matter out right now?” replied Savong cheerily. “I have the Governor himself on speed-dial.”

And he did, because he’d had genial dealings with the Governor a few months earlier. He picked up his phone.

As soon as Savong began dialling, the panicky Policeman back-pedalled and said there was no need to call and that there had been a terrible misunderstanding. No money was required, there had simply been a mix-up.

When he first told me the story I saw it as a naked example of corruption and bribery. Clear and simple. But now I see the exchange as a much more nuanced exchange, where a young cop wasn’t simply asking for a bribe – he was trying to create a dependency relationship; he was trying to elevate himself, power-wise, up above my friend.

This is one game that any NGO leader needs to be good at playing. A few years earlier the outcome of that meeting could have been quite different.

Foreigners can help Cambodia by cleaning up their investments

Homeless land grab victims seek redress from the ANZ.

Homeless land grab victims seek redress from the ANZ. Photo: Siv Channa/The Cambodia Daily

One of the biggest social problems in Cambodia today is the relentless issue of land concessions to foreign (and some local,) owned companies who present the Government with grand plans of turning subsistence farm holdings into consolidated wealth-producing fields of rubber, palm-oil production or similar. It will create jobs, they promise. It will be sustainable. There will be minimal social cost. In fact local villagers will be better off!

Yeah right. A recent study by international watchdog organisation Rights & Resources Initiative found that practically all concessions end up in social failure, with villagers displaced, often with no compensation. Nearly three-quarters of a million Cambodians have been affected in this manner.

For more on the R&RI report, see this piece in the Phnom Penh Post, dated December 8th, 2014.The report says the Cambodia experience matches the global pattern of land grabbing by corporates.

The majority of the disputes evolved at the initial stages when companies set project proposals into action without input from locals.

“Second, risks can be reduced by maintaining strong environmental standards,” the report says, as environmental regulations were the most common source of noncompliance related fines and lawsuits.

Additionally, without strong relations with the community, even well-intentioned relocations or compensation fail.

However, evictees from the Borei Keila community – who had been promised relocation housing in 2003, but found themselves abandoned – said the problem is lack of accountability.

“If the company and the government officials especially had respected and implemented the contracted agreement, our people would have gotten more benefits from this project,” said Chhay Kim Horn, a representative. “It is the authorities and the company together that left us disappointed.

In 2011 the World Bank imposed a freeze on all new lending to Cambodia, reported Cambodia Daily,  in protest at the government’s forced eviction of some 3,000 families from Phnom Penh’s Boeng Kak neighborhood. Now three years later those residents are still urging the World Bank to keep the freeze in place because they still seek adequate compensation.

Increasingly, investor activists are joining the dots between where their investment dollars are going, and what these dollars are being used for. In Australia the ANZ Bank came under fire this year, back in April, when they were publicly shamed for pouring investor dollars into locally owned Phnom Penh Sugar – without ensuring that displaced villagers would be compensated (they accepted a paper promise but did not undertake further due-diligence) nor that adequate health and safety standards would be implemented. The Oxfam report which uncovered these failed promises was scathing of the ANZ for its hands-off approach on ethical issues – despite glowing mission statements advertised by the bank.

Australia’s ABC report is well worth viewing. Click here.

A year earlier, following intense scrutiny by Oxfam and watchdog Global Witness, Deutsche Bank of Germany divested of itself holdings in Vietnamese owned Hoang Anh Gia Lai Group a huge corporate in the rubber industry.

Here’s a quote from the German broadcaster DW’s report 03.12.2013:

In the report titled “Rubber Barons,” HAGL was accused of numerous rights abuses in relation to tens of thousands of hectares of land the Cambodian and Laotian governments have granted it.

Global Witness’ report assessed the environmental and social effects of HAGL’s rubber plantations in Cambodia and Laos. It stated that the company was flouting the law when it came to protecting the land rights of indigenous people, was illegally clearing forest, and held tracts of Cambodian land nearly five times greater than the 10,000 hectare legal limit.

“Families affected are impoverished, face food and water shortages, and get little or no compensation,” Global Witness said at the time. “Indigenous minority peoples’ spirit forests and burial grounds have been destroyed. When they resist, communities face violence, arrest and detention, often at the hands of armed security forces that are on the investors’ payroll.”

There are several failures here. On the frontline, the big corporates are acting as rapaciously as untethered giants did, I’m thinking of the United Fruit Company, a century earlier. They are in it for the quick dollar.

Second is the blind-eye being turned by authorities. The Hun Sen government wants growth at any price, and appears unwilling to enforce its own laws. There is a 10,000 ha land limit enshrined in law – but numerous corporates exceed this; even locally owned corporates. Then there are the issues of social justice to which the Government appears oblivious.  In fact, as dispossessed people protest their situation, the police have been called in to jail these protestors.

But third – and just as culpable – are the investors, the big banks or managed funds, and the mom and pop investors, who bankroll these operations.

Deutsche Bank never gave reasons for its divestment in HAGL, but it is pretty obvious they had been shamed by the difference between their ethical promise and their actual actions. First world investors need to connect these dots more often.

Cambodia – opinion poll captures cautious public mood.

I have long been a fan of public opinion polls because they bring an often ignored voice – that of the public – to the attention of those in power. A wise government need not necessarily be a slave to public opinion, the best decisions may be considered to be unpopular at the time, but it should always heed the sentiment of the public.

Having enjoyed a history of tight media controls, (the television broadcasters fundamentally ignore politics in favour of game shows and pop music,) Cambodia’s Hun Sen government is now operating in a much more openly informed environment. The press, namely the Phnom Penh Post, as well is Cambodia daily, have been active champions for journalistic freedom. Add to that, the Voice of America which, perhaps unlike the VOA the 1960s and 70s, which was very much a propaganda mechanism for the United States, is respected these days for bringing fair reportage to the Cambodian public.

As witnessed in the 2013 elections, the voice of the people themselves – using social media such as Facebook – has emerged as a potent voice in the political mix. The swell of support for the opposition clearly rocked the government. It is perhaps little wonder that this government is now actively gathering of intelligence from the Internet: identifying “troublemakers” in an effort to maintain some kind of control public opinion.

But here’s the thing: the public in any nation tends to have a good common sense understanding of whether the nation is heading in the right or wrong direction.

Right now, 59% of Cambodians feel their nation is heading in the wrong direction.

This is the finding of a significant survey, diligently conducted face-to-face, (I don’t envy the fieldwork design that must have gone into this study,) of 1000 citizens aged 18+.

The news is not all bad for the government, not at all. There is a general sentiment that the public considers the growth of the economy and the development of infrastructure to be good things for the nation. But they sound warning bells – highlighting corruption, deforestation and economic inequities as being causes for real concern.

From my perspective, as a researcher, and as an observer of Cambodia, the The Asia Foundation poll seems to be eminently fair. The Asia Foundation is a watchdog organisation, and for sure, they have an agenda –  “to assess attitudes and priorities of the voting public that may contribute to or constrain democratic reforms,’ but this hasn’t hindered the from asking balanced, non-leading questions, and enabling the public to voice their opinions in their own words.

This from Germany’s public news broadcaster DW.

Survey shows Cambodians increasingly concerned about country’s direction

Despite rapid economic growth, more Cambodians than at any time since 2004 feel their country is moving in the wrong direction, a new poll found. Corruption, deforestation, and economic issues top the list of concerns.

The nationwide survey, published by The Asia Foundation on Wednesday, December 10, shows that while 32 percent of respondents feel Cambodia is heading in a positive direction, a majority (59 percent) believes things in the Southeast Asian nation are going the wrong way.

Conducted between May 19 and June 9, and titled Democracy in Cambodia – 2014: A Survey of the Cambodian Electorate, the public opinion poll cites corruption (19 percent), deforestation, and economic issues (26 percent) as the main reasons for the increase in pessimism. The tangible results of infrastructure (27 percent) and economic growth (21 percent) are cited by those who believe the country is going in the right direction.

The representative survey is the organization’s third on democracy in Cambodia, a follow-up to polls conducted in 2000 and 2003 and is based on 1,000 face-to-face interviews with Cambodian citizens aged 18 and older in 23 provinces (excluding Kep) and the capital Phnom Penh.

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