Report Details First Family’s Business Empire
Cambodia Daily | 7 July 2016
On April Fool’s Day 2011, Prime Minister
Hun Sen told the country that he earned less than $14,000 a year, amid a
government campaign to get top officials to comply with a new
anti-corruption law requiring them to declare their—sealed—assets.
The
premier, widely accused of running one of the most kleptocratic regimes
in the world, added cheekily: “I will receive support from my children.
I will not let myself die.”
As
it happens, his children and extended family have significant shares in
more than 100 companies with a combined capital of over $200 million in
sectors spanning the economy, “the tip of the iceberg,” according to a new Global Witness report that sheds light on the extent of the first family’s corporate empire.
In
“Hostile Takeover,” released today, the London-based rights group warns
current and prospective foreign investors of the risks of making
bedfellows of the companies—some of them accused of abusing the law with
impunity—in a highly corrupt environment under Mr. Hun Sen’s virtually
unchecked control.
“Doing
business with companies that are owned or controlled by the country’s
ruling family not only raises ethical questions. It also carries
significant legal, financial and reputational risk. It is in everyone’s
best interest for investors in Cambodia to carry out careful checks to
ensure that their money isn’t being funnelled into Hun Sen’s campaign of
oppression,” Stephen Peel, a Global Witness board member and former
private equity firm partner, says in the report.
“His family has Cambodia’s economy so sewn up that Phnom Penh residents are likely to struggle to avoid lining the pockets of their oppressors multiple times a day,” says the group’s co-founder, Patrick Alley. “Foreign investors, on the other hand, can and should opt out of bankrolling a regime that kills, intimidates and locks up its critics.”
Mostly
by mining the Commerce Ministry’s public corporate filings, available
online, Global Witness linked 21 of Mr. Hun Sen’s relatives—from his
children and siblings to in-laws, nephews, nieces and their spouses—to
114 local companies that they either own, chair, direct or invest in.
The firms span 20 sectors, from finance to forestry, and have
partnerships with major international brands, including Apple and
General Electric.
Global
Witness says its findings likely only scratch the surface, as the
filings don’t systematically list all directors and shareholders, and
because the Commerce Ministry posts only officially declared holdings.
As the report notes, Cambodia’s elite are widely believed to hide much
of their corporate interests behind associates, shell companies and fake
names.
As for what is listed, the prime minister’s eldest daughter, Hun Mana, is queen of the family’s business dynasty.
Ms.
Mana is perhaps best known for her media holdings, including the
popular Bayon TV and Kampuchea Thmey Daily newspaper, both part of a
traditional media environment firmly in the hands of the first family
and its allies.
Commerce
Ministry records, however, tie her to 22 companies in total, 18 of them
as chair or director, with a listed share capital of $66.7 million.
Besides her media holdings, they include: the advertising firm Moon
Media; The Museum Company, which manages the Angkor National Museum in
Siem Reap City; Vital Premium Water, which the Tourism Ministry
recommends for official ceremonies; the Royal Group Investment Company;
and Cambodia Electricity Private, which sells to state energy provider
Electricite du Cambodge.
Other
prominent Hun family businesspeople in the records include: Hun Sengny,
the prime minister’s sister; Hun Chantha and Hun Kimleng, daughters of
the prime minister’s brother Hun Neng; Pich Chanmony and Yim Chhay Lin,
the wives of the prime minister’s sons Hun Manet and Hun Many,
respectively; and Sok Puthyvuth, the husband of the prime minister’s
daughter Hun Maly.
The report
does not present any definitive evidence that the family obtained or
expanded its business interests illegally but highlights some of the
alleged legal and rights abuses by some of the firms, all reported on in
recent years.
In 2013,
officials at the SL garment factory in Phnom Penh identified Hen Sengny
as the owner of Garuda Securities, which was providing the factory with
security guards accused by a local union of physically attacking workers
during a strike.
In 2010, an
employee of HLH Agriculture identified Ms. Sengny as the firm’s
director. Officials in Kompong Speu province, where the firm operates a
corn plantation, corroborated the business link, according to rights
workers and local residents, who have accused the firm of illegally
logging the area.
Yim Leang, a
brother-in-law of Mr. Many, the prime minister’s youngest son, has a
stake in Khun Sear Import Export, which was involved in a bitter land
dispute over a plot of land it coveted in Phnom Penh’s Tuol Kok
district. The family living on the land accused the company of hiring
the thugs who physically attacked them and, on one occasion, threw a bag
of venomous snakes through their window. After the dispute landed the
father and daughter in jail, they settled with the company and moved
out.
The
Commerce Ministry records also list Hun Manith, the prime minister’s
second son, as a director of Cambodia Electricity Private, along with
his sisters Ms. Mana and Ms. Maly. As a military officer, though, Mr.
Manith is barred from sitting on a company’s board of directors by the
Law on the General Statute of Military Personnel.
The
largest single group of companies tied to the family are trading firms
involved in what the report describes as one of the most corrupt
business sectors in the country. Cambodia’s imports and exports in 2013
added up to some $18 billion, according to the World Bank. That same
year, Global Financial Integrity estimated that the country lost $4
million in illicit financial flows, almost all of it the result of
falsely filled out trade invoices.
Global
Witness says it sent requests for comment to the people mentioned in
the report and heard back from only one: Mr. Puthyvuth, the husband of
Ms. Maly and son of Deputy Prime Minister Sok An.
Commerce
Ministry records link Mr. Puthyvuth to seven companies, including the
Soma Group, as CEO. They list him, too, as director of Soma Construction
& Development, which is involved in the multimillion-dollar
expansion of Phnom Penh International Airport, a project embroiled in a
years-old land dispute with local residents.
Global
Witness also uses a biomass deal the Soma Group struck with General
Electric in 2012, part of an alternative energy agreement the government
made with the U.S. firm the year before, as an example of the public
contracts and state licenses the Hun family has secured.
Addressing
the report’s claims about the family’s undue influence over corporate
Cambodia in an email to Global Witness in February, Mr. Puthyvuth said
he had seen “again and again that the good solutions are seldom
implemented correctly” but blamed this on the government’s “limited
capacity.”
“I can understand
your assumption that I have abused my power to get to where I am today,
but I can assure you that I take seriously the challenge of building a
responsible and respected private sector group. I admit it is a work in
progress. However, I have built a good team, who I believe share my
vision to help develop Cambodia,” he said.
“I
understand that I live in the shadows of my family. The business that I
am building aims to embrace new ideas for our country and to provide
solutions that I believe will help the development of my country.”
Reached
on Wednesday, Mr. Many, the prime minister’s youngest son and an
elected lawmaker, declined to speak over the telephone and asked that
any interview request be made in writing and submitted via the National
Assembly. His brother, Mr. Manith, did not reply to a request for
comment.
Global Witness is releasing “Hostile Takeover” along with a public, searchable database called Cambodia Corporates.
“It
should be used as a key starting point for due diligence processes,
enabling investors to gauge the level of risk by seeing who they are
getting into bed with,” it says.
“Without
this resource, they will struggle to determine who profits from their
investment, leaving them exposed to significant legal and financial
risk. More importantly, using the database will help them to identify
whether their investment is helping fuel corruption, human rights
abuses, social injustice or environmental crime and what damage it could
do either to ordinary people in Cambodia or their own reputation.”
Foreign
companies wanting to invest or do business in Cambodia usually have to
go through the Council for the Development of Cambodia, a body chaired
by Mr. Hun Sen himself.
Officials
at the council, including its public relations and legal teams, either
declined to discuss the report or did not reply to requests for comment.
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