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"Your mission is over. You go!"

The fine levied on me for overstaying my visa Cambodia
"Your mission is over. You go!"

Those were not the words anyone would want said to them after 20 years of service, half an entire working professional career in Cambodia, but those were the final words in impeccable English delivered by the grim-faced Immigration Official, a senior uniformed and well-decorated Police Chief, at Phnom Penh Airport on 23 February 2018.  I had to pay my fine of US$220 to him for the privilege too.  That is more than a week's of my UK state pension, the source of income that enables me to continue to give voluntary support to causes in Cambodia.

"Your mission is over. You go!" says a lot more than just those few literal words. It tells you how certain government officials regard foreigners and especially foreigners in foreign NGOs. It says something too about Cambodia's current politics that is accentuating those perceptions.

For almost all of my 20 years, foreigners like me were welcomed; even afforded at times undeserved special status because of what we brought with us – foreign aid money; expertise and services that were lacking or far beyond the reach of much of the population.

"Your mission is over. You go!" Those six words make it clear that instead in 2018 NGO-type foreigners are only to be tolerated at best, or no longer tolerated – to be controlled or expelled – depending on what they do; how they behave, and most of all how they relate to the powers-that-be.

Cambodia's usual tactic when dealing with foreigners, is to “test the water”, to take a calculated action, to see the reaction, and to proceed from there. Really our fate, my fate, can be traced back to when the Cambodian Government cancelled its periodic review meetings with its foreign aid donors in 2011. That forum is where they got together to review progress on reforms according to the bench-marks set at the previous one. Invariably targets weren't reached. Ministers did not like “losing face” by being taken to task in public, even though perversely the outcome was always the same – pledges of even more assistance and money, rarely less no matter how far they fell short.

China had by then emerged as the donor giving most aid and significantly without pre-conditions; firm commitments or obligations to “fancy” Western notions of human rights. The die was cast.

Although the ruling CPP party had never really relinquished power during UNTAC or after losing the 1993 national election, it had gone along with those fancy notions as the country needed all the external assistance it could attract. Besides there was money to be made; riches to be tapped, by and for the ruling elites and their families to consolidate their hold over the economy.

All that came to an abrupt end in 2013, repeated in 2017, in two elections. The votes of the Cambodian people did far more than any benchmark set by the powerful rich donors. Voters not only held the governing party to account but gave it the nastiest of shocks. Indeed if the polls had been truly free and fair, the Opposition would have won. It had been obvious for some time to some of us Cambodia-watchers, but studiously ignored by many in the Diplomatic Corps, that Cambodia's mirage of democracy was fading completely.

31 January 2018 marked exactly 20 years to the day I landed in Phnom Penh to pass time while waiting for funding for a job offer in Haiti to come through. (It was also the day my latest visa would expire.) I saw a job advert in the Cambodia Daily, applied one day; interviewed for it the next and started immediately. Haiti was spared my presence. My main job for four years was to promote human rights; good governance, and democracy training – including free and fair elections. So I am one of those guilty as interfering Westerners of planting the seeds fomenting a colour revolution that has imprisoned Opposition leader Kem Sokha.

The Good Governance and Democracy training 1998-2002 we gave to government officials, all ministries, all provinces, all senior ranks up to Director-General, was just like this format I have borrowed from ADB.

Fomenting a colour revolution” to topple the government is the twist the ruling party has put on the simple working of democracy, that governments can be voted in to AND out-of-office. There is no cunning plan inspired by Western experts. It was standard training we all gave; for which I raised US$ 3,912,063, and attended overwhelmingly by ruling party officials. Deputy Prime Minister and Minister of Interior Sar Kheng presided over many of the sessions. I was his personal guest many times – in Prey Veng first, then Battambang, Banteay Meanchey and most memorably in Pailin as the first Westerner in an official capacity after the Khmer Rouge ceded. Single-handedly I went against most of my NGO colleagues to support the government in the establishment and training of commune clerks when Commune Councils were created in 2002.

None of this nor the rest of my work in Cambodia over 20 years counted one iota when it came to renewing or extending my visa this year.

"Your mission is over. You go!"

Most of the US$ 15 million in all I raised over those 20 years went for “Livelihood Improvement” or poverty alleviation projects through three international development NGOs I headed, all three of whom I “localised” under Cambodian management. That should be the goal of all external NGOs even though some don't do it or don't do it as soon as they should. We pioneered the self-help group (SHG) concept of development where poor people determine their own problems, priorities and solutions. In all we formed over 800 SHGs across 7 Northern provinces and one Central one, including my current at-risk indigenous people's provinces of Mondulkiri and Ratanakkiri. My records tally up 22,962 families, 123,995 family-members, all poor vulnerable and displaced or living with disability.

He is a very brave Police Chief to declare "Your mission is over. You go!" We have not taken all Cambodians out of poverty, some like indigenous people whose traditional lands are being confiscated, are now falling in to it.

No it isn't, my mission is not yet over I replied. I am still working with Cambodian NGOs; they still want my help.”  My voice faded away.  I could see it was a waste of time. The official didn't look up from his pad of receipts now ready for his next victim.  Instead his colleague, a lady also with almost perfect English asked Why did you not go to our Immigration for a new visa?” I did, I asked for the new retirement visa, but at the last minute they told me I must leave the country first, then come back”So why did your NGO not go to renew this visa? “I went myself, three times to the Ministry of Foreign Affairs. They said the NGO must obtain a tax certificate clearance from the Ministry of Finance. One has not been obtained in time.

May I please ask a question? This fine of $10 per day for overstaying, it's the same regardless of circumstances? In my case I tried my best to obtain a new or extended visa.

You have overstayed, you should have gone.!” My Cambodian wife of 18 years wanted to have her say. I stopped her Just give him his money, please!

That was not quite the finale. Apparently “my” copy of the fine receipt is the one for the Immigration Official to clear my passport so that we can depart.  She wanted to keep it. Now that did anger me.  Without it I had no proof of payment.  They only took payment in cash US$, you would think an odd thing in this day and age?  Even with a receipt there is no guarantee that the money will end up in government coffers; without the receipt the entire transaction may never have occurred.  My wife managed to persuade them to let me keep it.

"Your mission is over. You go!" So we went. There was not one of the famous smiles Cambodians are known for to bid us on our way from the Kingdom of Wonder.  No wonder.

This blog has had so far 445 viewings as at 1 June since posted on 25 February 2018. 

Postscript

Now we are back in the UK. In the last few weeks, the UK Embassy in Phnom Penh has been heavily touting Cambodia as a place to do business, to trade with after the UK leaves the European Community. I can imagine many investors arriving in Phnom Penh, welcomed enthusiastically with their money, in the exact same way as we were as NGOs with foreign aid money. But what is being done for them not to suffer the same fate once their usefulness is deemed no longer needed?  Somehow I think no off-putting warnings are being given.

Update 3 March 2018

I wrote by the UK's Royal Mail on 26 February to H.E. Dr. Soeung Rathchavy the Cambodian Ambassador to the UK to ask her if she would kindly ask her ministry to review my case; the policies and how they have been interpreted and applied.

Although the case may not have been caught up in the current crackdowns on foreigners in Cambodia, it is hard not to make some connection - see for example this latest report in the Phnom Penh Post about new joint action by the Ministies of Interior and Labour.  The "tone" for Westerners working in NGOs was set by the Prime Minister and his often repeated references to spies. (The INGO that sponsored me last year, that the Ministry of Foreign Affairs insisted must provide a tax certificate, is a US not-for-profit.)

I sent an email on 8 March with attachments to the Cambodian Embassy requesting confirmation of receipt of my formal letter posted on 3 March.

If there is a reply either to my formal letter or the follow-up email I will post it here.

21 April 2018 - Still no reply from the Cambodian Embassy or Foreign Ministry.

Update 25 May 2018

I re-entered Cambodia through the "Visa on Arrival" without any difficulty taking no more than 10 minutes, as it is clearly a money-making venture not one to check the suitability/eligibility of visitors. In terms of time and effort it is a much easier more efficient process than for free visas via the Ministry of Foreign Affairs, but now we await to see if I can obtain a "retirement" visa extension without any hassle. Note the details in the receipt!

8 June 2018

My application for the retirement visa has gone in, via an agent, a three month single-entry extension for US$78. Initially all that was required were copies of my UK pension status - I had my letter from the UK's Department of Work and Pensions - and income, copies of my state and private pensions.  If OK, I will hear within two weeks.  They did warn me that once issued with the retirement visa I cannot change back.

11 June 2018

Visa approved in just a week.  The old adage "Time is money" applies. All-in-all paying up and doing it this way is far less trouble than obtaining a free one via MoFaC! They even gave me my supporting documents back, unlike MoFaC that requires a full set every time you apply.  For the record I could have obtained a 6 month multiple one for $158 and one year $288.  My Cambodian wife's multiple-entry UK one, she can visit and stay up to 6 months a year, now costs £798 or about US 1060.

For the record

Written representations to the Ministry of Foreign Affairs and Co-operation

I wrote two letters to the Minister and made three visits (32 kilometre round-trips) as well as talking on the telephone to try to obtain a 22 day visa extension. This was after the Ministry of Interior Immigration Office gave me a definitive decision finally on 28 January that it would not allow me to apply for a “retirement visa” until  after departing from Cambodia and returning. Even then they warned that an application on re-entry, for one month, may not be long enough to approve one as the policy and situation is “evolving”. If that is the case, then my only choice would be the standard business visa plus extensions requiring me to apply for a work permit etc.,....even though I am not working or in receipt of a salary in Cambodia!

After the second letter, again MoFaC, asked me to contact CCi. Finally they replied on 20th February, too late, they “visited MoFA and assured them we are aware and looking into it.  However, our tax exposure will probably be minimal, if anything, as we are most likely exempt due to size and revenues.” So MoFaC can say that it gave the NGO the opportunity to provide the tax certificate, but it chose not to do so. CCi also seems to think that my advice is incorrect that they may not have to pay tax on their employee's salary (that is above the level levying its payment) as well as ensuring that their Landlords pay tax on the property rentals - NGOs are supposed to deduct the tax to make sure that it is paid.

It should be noted that the tax certificate issued by the Ministry of Interior has only in 2017 been added as a formality for visa approvals. I had not heard of this new requirement.





My favourite Twitter reply:

Now this tweet was not sent in relation to this blog but it might have been, and in the interests of freedom of expression that I support, here it is:


By the way for my policy on responses and uses of my online content please see my Home Page and comment about "Creative Commons".

3 comments:

  1. Did you have a chance to leave before your visa expired, or did they have it during that time? We have started a discussion about it on CEO:

    https://cambodiaexpatsonline.com/general-chatter/your-mission-over-you-british-aid-worker-gets-told-immigration-t18518.html

    ReplyDelete
  2. I did have my passport; I could have left by the expiry date (at more expense than the fine as I would have to return to travel out with my wife on our booked flights) but the Ministry of Foreign Affairs remained open to to 20th February to issuing the visa extension if the tax certificate was obtained from Ministry of Finance. I am trying to find out still if that would have been possible in the two weeks we were given.

    ReplyDelete
  3. Very flattered to have received this message:

    "I have just finished reading your blog. WOW! I am so, so sorry, and my eyes welled and I feel quite hurt. I thank you for all you have done for the country of my birth, and I am sorry the way this country decided to pay back to you."

    ReplyDelete