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    The Media & First Amendment Protection: Abuse of Power

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    In the beginning, back when the Framers were first debating the ground rules for the great American experiment, they concluded that a free media was important to society in that it would serve as a balance; an oversight body to government. It was believed then that should the government set itself to executing nefarious or unconstitutional acts, the media would be the tool that would alert a vigilant people who would, in turn, exact pain on those in government.

    It was because of this belief that the Framers included in the Bill of Rights’ First Amendment to the US Constitution, protection for the press:

    “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

    Put plainly, the Framers established protection for the media so that it could speak truth to power; so that a corrupt government could not silence legitimate descent and so the press was free to provide opposing views so that a free people could decide for themselves – at the ballot box – what direction they wanted to take our country.

    I and a former colleague of mine, Brian Cherry, believe the Framers never envisioned a media so corrupt, so ideologically agenda-driven, or so disingenuously manipulative as today’s media. If they were, for even a second, able to conceive the idea that such a reprehensible assemblage of operatives and opportunists would control the media we suggest they would have dramatically narrowed the scope of media protection so that each member of the media – and the many media organizations – could be held more immediately accountable for damages their products produce, keeping in place the sequestration of government from enacting litigation.

    What do I mean by damages and products? Let us start with the idea that the delivery of news for profit is the creation of a product for sale.

    Every media outlet, from a local paper to national; regional news channel to network; terrestrial to online, creates a product in the form of “news information” which the public purchases. It is a product. We either purchase this product with currency or we purchase it with our time and exposure to their advertisers, who pay the publications for ad space and facetime with you, the customer. Today, some less than scrupulous media outlets even sell accumulated data based on the use of their products to the highest bidder.

    So, the news media sells a product to consumers and that product is information. And as with any product, the consumer has a right to reasonably assume that the product functions properly; that the information being sold is accurate, fact-based, and truthful. Should the product be inaccurate, factually in error, and/or untruthful, then it is reasonable to label that information as a defective product; a “lemon,” as it were.

    If you were to buy a product – a car, a computer, even some foods – and that product was defective you would, naturally, return the product to the store asking for either a refund or a replacement. Any reasonable and responsible private business would be remiss to refuse the return of a defective product for the damage it would cause their reputation. In many cases the refusal to receive the return of a defective product is actionable.

    In every state in our country, we have a form of the “Lemon Law”; law that establishes warranties providing a legally binding remedy meant to compensate purchasers for products that repeatedly fail to meet standards of quality and performance. Federally, there are two types of “warranties”: express and implied. Where the media is concerned an implied warranty is applicable.

    A manufacturer – or in the media’s case a publisher – must meet certain minimum standards of quality deeming the product marketable for the purpose intended. This is the basis for an implied warranty. It need not be in writing and the obligation arises from the sale of the product itself.

    Understanding the argument that news information sold for profit is a product and that there is a reasonable expectation that this product is based in accuracy, fact, and truth, every time the mainstream, regional, and local media publish or pursue a storyline that is not accurate, not fact-based, and/or not truthful, shouldn’t their products be subject to liability? Why should the media be able to hide behind the First Amendment when it advances false information?

    It shouldn’t be able to.

    The First Amendment to the United States Constitution specifically addresses the government’s limitations in establishing a law that “abridges” the freedom of the press. It does not, however, forbid the creation of laws (read: penalties) that allow for financial compensation and/or other remedies for the damage caused by irresponsible, inaccurate, anecdotal, and/or untruthful reporting.

    This brings me to the notion of “damage.” What “damage” does irresponsible, inaccurate, anecdotal, and/or untruthful reporting cause? Truthfully, the damage the mainstream media has created in our society is already close to an irreversible point.

    Let us examine two major stories that have captivated the news cycles recently: COVID-19 and racism as it relates to the death of George Floyd.

    COVID-19

    On or about the end of February, the nation’s people faced the force of law in a state-by-state national quarantine because of the COVID-19 virus. “Experts” from the World Health Organization (WHO) and our own Centers for Disease Control and Prevention (CDCP) sounded the alarm and predicted that doing nothing to control the spread of this disease would tally an estimated 2.2 million deaths in the US. In light of this widely publicized information – thanks to the media, the world went into an at least two-month quarantine that destroyed the most vibrant economy since the post-World War II boom of the 1950s.

    Yet from the very beginning, qualified medical voices were vehemently pointing out the flaws in the mortality models and questioning the lethality of the virus. These protests were ignored and even condemned by the media. On social media – which, by their structures also sell information for profit – some platforms openly and overtly admitted to censoring dissent and information that wasn’t part and parcel of the biased narrative advanced by the WHO and the CDCP, Facebook and YouTube being the most egregious. Even when the WHO and CDCP continuously changed their determinations on the virus, contradicting themselves almost daily, the media still touted the doomsday scenario.

    At one point during the height of the event, the front pages of almost every major newspaper and the online versions of FOX News, CNN, MSNBC, ABC, NBC, and CBS were filled with only stories about COVID-19. The media whipped the people of the world into a paranoid frenzy of desperate information consumers who were both afraid to breathe the air and who had no immediate knowledge of where to find the facts.

    Today, after the public’s attention was ripped away from the media’s fascist COVID-19 propaganda campaign courtesy of the death of George Floyd, we see two damning pieces of information that prove the media failed in doing its due diligence for their delinquency in covering opposing viewpoints about the COVID-19 virus.

    From NPR (which gleans revenue streams from both advertising and government funding):

    “Mounting evidence suggests the coronavirus is more common and less deadly than it first appeared…The evidence comes from tests that detect antibodies to the coronavirus in a person’s blood rather than the virus itself.

    “The tests are finding large numbers of people in the US who were infected but never became seriously ill. And when these mild infections are included in coronavirus statistics, the virus appears less dangerous.”

    To add insult to injury, when President Trump expressed his confidence in the effectiveness of hydroxychloroquine, the media smeared him as a disseminator of dangerous information and cited a study from the peer-reviewed medical journal The Lancet as the basis for its attack.

    But, on June 5th, 2020, The Lancet issued this retraction:

    “…several concerns were raised with respect to the veracity of the data and analyses conducted by Surgisphere Corporation and its founder and our co-author, Sapan Desai…We launched an independent third-party peer review of Surgisphere with the consent of Sapan Desai to evaluate the origination of the database elements, to confirm the completeness of the database, and to replicate the analyses presented in the paper.

    “Our independent peer reviewers informed us that Surgisphere would not transfer the full dataset, client contracts, and the full ISO audit report to their servers…as such, our reviewers were not able to conduct an independent and private peer review and therefore notified us of their withdrawal from the peer-review process… Based on this development, we can no longer vouch for the veracity of the primary data sources. Due to this unfortunate development, the authors request that the paper be retracted.”

    While the media attempted to cite a source as the basis for its condemnation of the President, their citation of a retracted study proves they relied on a single flawed source atop of a biased WHO and CDCP narrative, once again refusing to balance their reporting with opposing views.

    The damage: Inaccurate, biased, non-inclusive, and disingenuous reporting advanced information that terrified a world populace into destroying a global economy to the brink of a macro depression. Industries were decimated, jobs were lost, and our country was divided ideologically even more so than it was before the event. The social damage is incalculable. The financial damage is most likely in the high tens of trillions of dollars.

    Racism & The Death of George Floyd

    As a disclaimer, I do not condone the use of excessive force by law enforcement: the appropriate use of force, yes; the use of unwarranted violence in apprehending a suspect, no. I realize that every situation is unique and that armchair quarterbacking police activity without having first-hand experience in facing the unpredictability of apprehending a suspect leans toward naïve arrogance. I support dedicated law enforcement and believe our society owes them gratitude for a thankless job. That said, George Floyd’s death was an unnecessary tragedy.

    Like the coverage of Michael Brown’s death in Ferguson, Missouri, and the death of Trayvon Martin in Sanford, Florida, the media has done more to politically and societally weaponize racism than anything since the most potent days of the Ku Klux Klan, doing so with their coverage of the aftermath of George Floyd’s death.

    Just as with the initial coverage of the COVID-19 virus, the media – from FOX News to MSNBC and all ideological flavors in between – went wall-to-wall coverage on the protests as they first unfolded. Were the protests called for? Yes. Was the coverage of the protests and the rioting and destruction that ensued warranted? Yes, it was. The events were newsworthy. But was the charge of systemic racism as a justification for violence and rage accurate, fact-based, and truthful? No, it was not.

    The media, knowing full-well that peaceful protests had been targeted to advance the ideological activism of organizations like Black Lives Matter (BLM) – which had long ago been compromised by the anarchist group ANTIFA, ignored the fact that the overwhelming number of violent and destructive incidents taking place had everything to do with anarchy and nothing to do with the subject of racial equality or reforms in law enforcement. Yet, because sensationalism sells ad space, the media elites made purposeful decisions, with a sense of absolutism, that the politically correct “white privilege” guilt vehicle precluded any opposing viewpoint or argument.

    The media – and again this includes the social media platforms – chose a side and advanced a singular and exclusive narrative devoid of any conversation that would allow a dissenting voice or alternative viewpoint to be heard without massive and often violent retribution. The non-coverage of opposing viewpoints paled in comparison to the overt censorship on social media platforms, often resulting in the removal of posts and the suspension of posting privileges.

    Just as with the COVID-19 event, a cursory examination of a wide array of media outlets shows that a singular and biased narrative on race relations was dominating on every front page and online landing page.

    The damage: The false reporting of an epidemic of systemic racism in our society – a declaration made without debate and based on nothing but emotion – has spawned riots that have destroyed businesses and livelihoods, further crippling an overwhelming number of economies already hard-hit by the COVID-19 quarantines. It has also fomented an unprecedented level of lawlessness and acts of treasonous secession in the form of the so-called Capitol Hill Autonomous Zones (CHAZ) that will require an abundance of government intervention (read: tax dollars) to quell.

    Addressing Systemic Media Malpractice

    These are just two specific instances of journalistic misconduct showcasing the deliberate curation of a multitude of disingenuous informational products, in the form of news stories, purposely created to manipulatively social engineer the public’s perspective. These defective products are produced routinely and are disseminated daily.

    If the purpose of the media and the products they create is to accurately and truthfully inform the consumer on critical issues then these two cited instances not only prove journalistic malpractice, they set the stage for a potent and long overdue argument for reconfiguring the media’s First Amendment protections to include more publicly accessible and immediate remedies for the malpractice of selling defective products (read: inaccuracies and untruths) to the consumer.

    The Framers established First Amendment protection for the media so that it could speak truth to elected power, not so it could empower itself to socially engineer our society to accept a particular ideological narrative. Manipulating the thoughts of the masses is not the purview of a free press. It is the tyranny of an elitist minority and a free people cannot and should not tolerate it.

    Exponendo Tyrannidem in Paucioribus.

    The Org That Ignores Genocide Weighs in on US Racism

    “A draft UN resolution…singles out the United States and could become the centerpiece of a hastily scheduled debate by the Human Rights Council in Geneva on Wednesday.

    “The text calls for a commission of inquiry — the rights body’s most powerful tool to inspect human rights violations — to look into ‘systemic racism’ and abuses against ‘Africans and of people of African descent in the United States of America and other parts of the world recently affected by law enforcement agencies’ especially encounters that resulted in deaths.”FOX News 06/16/2020

    This is laughable if it weren’t so incredibly infuriating.

    The UN has routinely ignored genocide on the African continent and everywhere in the world, and even when people experiencing it in real-time were screaming for help:

    • Darfur 2003 – Present: 500,000
    • Rwanda 1994: 1,000,000
    • Congo 1996 – 1997: 232,000
    • Somalia 1988 – 1991: 200,000
    • Iraqi Kurds 1977 – 1991: 400,000
    • Cambodia 1975 – 1979: 3,000,000
    • Uganda 1972 – 1978: 300,000
    • Burundi 1972: 300,000
    • Bangladesh 1971: 3,000,000
    • Indonesia 1965 – 1966: 3,000,000

    Not to mention that they routinely ignore the existing slave trade in the Middle East and Africa and it took an incredible amount of arm-twisting to get the body to officially recognize and condemn the Holocaust, which took 6 million lives.

    Further, as they feign concern about “systemic racism” in the United States as it relates to “people of African descent”, they ignore – completely – the human rights violations committed by the Middle Eastern Islamic community when it comes to women.

    Bringing it back home, and focusing on the subject of race, they have never once concerned themselves with the epidemic of Black-on-Black crime especially in the urban areas of the United States.

    But all of this is moot.

    The joke of an organization that is the United Nations has zero authority to do anything, anywhere in the world. Zero. It is the negotiating power of nations that use that platform as a meeting place to engage in dialogue that creates consensus authority and even then, that bumps up hard against the very real issue of sovereignty.

    For decades, the Progressives and the Globalist elites have tried as hard as they can to place the UN as a world governing body. They have failed each time. They will fail again as they try to use the false-flag argument of “systemic racism” in the United States as a transitional tool to world government.

    If anything, this transparent attempt to “nudge” the world toward world government in the UN’s “examining” of systemic racism in the United States will awaken the US citizenry to what a scam the UN is in all of its efforts and how intrusive it is in its encroachment of a nation’s sovereignty.

    The UN was founded to be a place where dialogue to prevent war was executed. It was not created to be a governing body. It is so far from its charter purpose that it should be disbanded with malice, never to raise its elitist disingenuousness from the ash heap again.

    The Giant Sucking Sound

    You may remember back in the 1992 U.S. Presidential campaign, independent businessman and candidate Ross Perot argued, on live TV:  “We have got to stop sending jobs overseas. It’s pretty simple: If … you can move your factory South of the border, pay a dollar an hour for labor, … there will be a giant sucking sound going south.”

    We are going to have a similar problem, and soon.

    In 2016, Pacific Business News observed:  “Over six years, from 2010 to 2016, we lost 30,000 more people than moved here from other states.  And the flight rate has been increasing … 2016’s outmigration rate was 10 times higher than 2010’s.”

    On June 1, University of Hawaii Economic Research Organization’s Executive Director Carl Bonham told lawmakers that we’re going to lose another 30,000 people in just two years.  A more pessimistic scenario assumes we are going to lose that 30,000 people in ONE year.

    Schlurrrrp!

    Why is this happening?  “Because tourism is such a dominant piece of the economy, many other state economies and county economies will recover, much more rapidly, and the job opportunities will simply not exist here that will exist in the rest of the country,” he said. “Think about at the end of this year and into January when our extended unemployment benefits have expired; if you don’t have family ties in Hawaii, and you were working in tourism here and your unemployment benefits run out, there’s absolutely nothing to keep you here.”

    So how are our lawmakers reacting to this?

    Our public worker unions seem to have zero sympathy for the plight of our taxpayers.  HSTA’s Corey Rosenlee argued last month in Civil Beat that demands for “shared sacrifice” because of budget shortfalls should be rejected.  UPW’s Dayton Nakanelua wrote that his union “must vigorously and respectfully oppose however, any plan to reduce public employee pay at any level, amount or through furlough.”  HGEA’s Randy Perreira wrote a similar letter opposing a furlough (or pay cut) affecting his union members.

    So, where is the money for public workers going to come from? 

    We could borrow it, but we’d eventually have to pay any loan back with interest. 

    We could turn over rocks hoping to uncover moneys that various departments have squirreled away – but that will last only so long. 

    Could we get lots of money through “revenue enhancement,” otherwise known as raising taxes?  If we try that, we can certainly expect the giant sucking sound to get louder and deeper.  In addition, the taxpayers who are left might not be able to pony up increased taxes because they simply aren’t able to afford it in addition to rent, utilities, and other costs of doing business.

    If anything, we need to make it easier to do business.  If we in the private sector are allowed to do business and with fewer nonessential restraints, we don’t mind sharing some of the profits with government.

    We also need to think seriously about cutting costs.  Just as there are obscure special funds we are currently finding, there are obscure programs and services that no longer can be justified.  These need to get out of the way so the tax dollars the government does get can be more efficiently utilized.

    Is Our GET Too Soft on Sales to the Feds?

    Our Legislature will be reopening soon, and some lawmakers are undoubtedly thinking of ways to make our budget balance because the grim reality is that much of our economic engine has ground to a halt and is no longer spinning out tax revenues.  Our State Auditor has thought about this too and came out with Report 20-05.

    Following the Great Recession of 2008, our lawmakers enacted Act 105 of 2011.  That statute suspended the operation of several exemptions and other taxpayer-favorable provisions under the General Excise and Use Tax Laws from July 1, 2011 to June 30, 2013.  The State Auditor, in his report, tried to put a price tag on all of the previously suspended exemptions using 2018 activity.  He apparently thought that some lawmakers would be interested in switching off some or all of those exemptions again.

    Of these, the one that seems to be the most lucrative is the exemption of sales of tangible personal property to the federal government, priced at $49 million.  But it has a history that needs to be understood.

    This exemption, HRS section 237-25, is a strange beast.  It says that if you sell tangible personal property to the Government and nothing else, then what the Government pays you is exempt from GET.  However, it says that if you sell tangible personal property and services together, then there is no exemption either for the tangible personal property or the services.  Thus, if a Government office needs a new TV and pays $1,000 for it, none of the $1,000 is subject to GET.  But if the TV needs repair and the technician that comes to do it charges $200 for parts and $300 for labor, then all $500 is subject to tax.

    Why does this exemption work so strangely?  Part of the reason may have to do with a complementary tax law called the Hawaii Use Tax.  Normally, if a buyer has a choice between buying a local product in a sale subject to GET and an out-of-state product in a sale not subject to GET, and the buyer chooses the latter, then we impose tax on the buyer, at the same rate as the GET, so the tax isn’t a factor in the buyer’s decision (and so the State gets its tax either way).  If the buyer is the Federal Government, however, this system doesn’t work because no State can tax the Federal Government.  The Government could bring in goods from out of state with no tax consequence.  So, for tangible personal property we needed to get our tax out of the way to help our local businesses sell to the Government on a level playing field.  Not so for services, however, because if a seller, wherever located, comes here to do physical work, the seller is subject to our GET.  There wasn’t the same need to exempt local competitors.

    Lawmakers also need to understand that when the Government buys goods, its tremendous buying power often results in contracts with thinner-than-usual profit margins.  Changing the law to charge vendors 4% or 4.5% tax on those contracts may make the contracts money-losing propositions.  That’s why when the exemption was suspended in 2011, there was a mad rush to qualify every existing contract for grandfather clause protection through last-minute contract amendments.  As a result, the tax brought in by the suspension of this exemption fell short of expectations.

    Many of the exemptions that were suspended by the 2011 act had similar back stories.  This is just one of them.  As we have said before, tinkering with the tax code to raise more money has the effect of putting the brakes on what little spin we have left on our economic engine.  We hope that lawmakers think long and hard before deciding to go down this path once again.

    Federal COVID Money

    This week our Legislature will be recessing after working on one of its important tasks:  figuring out how to spend $1 billion of federal money that is being made available to Hawaii under the CARES Act.

    This federal money is being made available for expenditures that are (1) necessary and incurred due to the COVID-19 public health emergency, (2) not budgeted for as of March 27, 2020, and (3) incurred before December 31, 2020.

    Senate Bill 75, House Draft 1, gave the Neighbor Islands a share of that money because only Honolulu received a direct allocation of federal funds; gave a few state agencies some money for state COVID response; and then squirreled away the balance, about $636 million, into the emergency and budget reserve fund (also known as the “rainy-day fund”).

    Why was it put there?  According to Senator Thielen’s article in Civil Beat, it was put there so the governor couldn’t touch it.  Apparently, the plan is for the Legislature to recess until mid-June, come back into session, and then appropriate the balance of the money so it can be spent by the end of the year.  Senate Bill 75 requires that the money to go a new, separate account within the rainy-day fund, which perhaps would make it easier to say that expenditures out of this account came from the COVID-19 money rather than the $395 million that is already in the fund.

    Some have pointed out that the rainy-day fund statute, HRS section 328L-3, not only prevents the money from being spent by the Executive Branch without a legislative appropriation, but also prevents the Legislature from appropriating more than 50% of the total balance of the fund in a fiscal year.  True; if that statute is left alone, it would prevent the Legislature from using all the federal money, which would result in forfeiture of some of the federal funds that have been set aside for Hawaii.  Thus, the Legislature’s plan must be to also amend the rainy-day fund statute in some way to allow the appropriation.  Can they do this?  Sure, if the Governor is willing to sign the resulting appropriation bill.

    But remember that the Governor doesn’t have to play by the rules either.  We have seen that he isn’t shy about using his emergency powers to suspend laws.  His most recent Eighth Supplementary Proclamation has a list of suspended laws that is 20 pages long, and we have already written about how this Governor has suspended a law that affected distribution of tax revenues to take control of moneys that the Legislature had earmarked for the counties.  If push came to shove, he could easily suspend the rainy day fund statute and take control of that money as well, relying, perhaps, on HRS section 26-8 which gives the Department of Budget and Finance custody of all state funds. 

    What all of this means is that the Governor, the Legislature, or both could get into a big, messy argument on how to best use the billion dollars that our federal government has graciously provided.  We need to remember that if we don’t reach agreement on how to use this money, and then actually use it, by the end of this calendar year that the money will return to (or stay in) the United States Treasury.  We can park the money in the rainy-day fund as a short-term solution, but we don’t have time to argue about it!  We need both parties to come to the table, come to some agreements and understandings on how best to use this money toward helping the general welfare of this State, and then do it before time runs out. 

    Biting the Dust in Cambodia (Part Three)

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    Author’s note: In 1997, Cambodia was embroiled in a brutal civil war, while still reeling in the aftermath of the Khmer Rouge’s reign of terror that led to the deaths of nearly a quarter of the population through execution, torture, starvation and disease.

    At the same time, Cambodia was experiencing the most serious and rapidly progressing HIV/AIDS epidemic in Asia, and was on the brink of becoming one of the worst affected countries in the world. As Project Officer for STD/HIV/AIDS, I was responsible for setting up and managing UNICEF’s country program of assistance to government and international aid agencies in Cambodia, which included development of innovative multi-sector capacities for the prevention and control of HIV/AIDS in the country.

    Bed Nets and Condoms

    The trip with the Royal Cambodian Navy and the WHO Malaria Team was up-lifting in a number of ways.  A five hour voyage to an off-shore island on a comfortable Naval battleship, hosted by the fine crew and their impeccable leadership. In a flawless white uniform, the Cambodian Admiral embodied honor, responsibility, and respect.

    599z3b
    The Royal Cambodian Navy Admiral presenting bed nets to soldiers based on malaria-infested islands

    We delivered insecticide treated bed nets and prevention education to soldiers based on three outer islands and treated the soldiers who were suffering with Malaria. The National AIDS Program was responsible for provision of condoms to the military, and UNDP provided HIV prevention information leaflets with colorful graphics tailored to members of the armed forces. It was refreshing to witness some humanity in the midst of so much turmoil in the society. The young men were clearly appreciative, and their leadership worthy and honorable.

    It was encouraging to see effective medical treatment so swiftly remedy an infectious disease like Malaria – at least in the short term. But consistent use of bed nets, condoms and prevention education would be necessary for long-term control of Malaria and HIV. 

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    Feverish Cambodian soldiers waiting to receive malaria treatment provided by the WHO Malaria Team

    The life-saving combination drug therapy known as the “AIDS cocktail” can help manage HIV infection as a chronic disease, but it is not a cure. And the widespread poverty and years of armed conflict which had created conditions favorable for HIV transmission in Cambodia required longer-term, multi-sector interventions to promote safer behaviors. 

    For example, a string of brothels on the mainland hosted many of the young men on shore leave. But would they use the condoms we gave them, and sleep under the bed nets?

    An Unexpected Visitor

    Then there was the time I walked into my apartment and found a strange girl asleep in my bed.  It was the height of the dry season. Whatever had been dumped, spilled, drained, coughed, sneezed, shat or spat into the streets was now a swirling cloud of fine dust – just waiting to deposit germs in your lungs, resulting in a nasty bronchitis that had the whole town coughing and gagging, and I was feeling pretty sick as well.

    735 (3)
    Many of Phnom Penh’s streets were unpaved and either dusty or muddy, depending on the season

    I had just finished eating lunch at a restaurant near my apartment and was headed home for a nap. As I was leaving, I noticed an attractive Cambodian woman of about 30 eyeing me from a table next to the door. So while passing, I politely said hello, and in my limited Khmer briefly explained that I was not feeling well and needed to go home to rest before returning to work.

    We parted, and I continued home. But no sooner had I put my feet up, there was a knock at the door. She had followed me home, and talked my guard into letting her in the gate!

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    Local ‘car wash’ in Phnom Penh’s chronically flooded streets during the rainy season

    So, I offered her a glass of water, and again tried my limited Khmer for some small talk before ushering her to the door and bidding her farewell – and again, thought nothing more of this. After all, I was feeling miserable and just wanted a nap before returning to the office. So it came as a complete surprise when arriving home that night to find her fast asleep in my bed – wearing my tee shirt and gym shorts, her long black hair spilling over the pillow she clutched.

    So began my friendly relationship with Vany – who had lived through the all-too-common stark suffering, horrific trauma and loss of loved ones as a result of the brutal Pol Pot years. Her parents were presumed dead, and so were her husband and child. She had been working at the floating casino moored in the center of town and had been laid off – and for some reason could no longer stay with her sister, who was also working in town.

    599m1
    Riverside houses along the banks of the Mekong, Phnom Penh

    Vany spoke no English, but knew some French, and I suspected she may have been the girlfriend of a resident Frenchman who had since left Cambodia, and was looking for a new boyfriend/ benefactor.

    So we made a deal – she could be my housekeeper and do the marketing in return for room and board, as long as she was looking for a new job. Vany also became my Khmer language tutor, and stayed with me for the remainder of my time in Cambodia. The Mekong Project was up and running and my contract with UNICEF was soon coming to a close. But before I left Phnom Penh, Vany found a job in town and moved back in with her sister.

    The Mekong STD/HIV/AIDS Project in Cambodia

    A 1999 external review of the UNICEF Mekong Region STD/HIV/AIDS Project concluded:

    “The Project has been successfully implemented and made valuable contributions at both country and inter-country levels to strengthen the capacity of a range of partners to respond more effectively to STD/HIV/AIDS prevention and care needs. Project implementation has been well managed and technical guidance has been good at all levels of project implementation. Activities undertaken have been appropriate, well designed and delivered, consistent with national priorities and responsive to emerging trends in the epidemic, and can be demonstrated to have considerable impact and have the potential to be sustainable. UNICEF’s commitment to collaborate with a wide range of national and international partners means that the effort is not isolated and has had an impact on, and benefited from the programming approaches of other agencies.”  

    Since that time, Cambodia has made substantial progress in preventing and mitigating the impact of HIV and AIDS, and is one of the few countries in the world which has been successful in reversing its HIV epidemic and achieved near universal access to HIV/AIDS treatment.

    This was achieved through targeted prevention programs that increase awareness of transmission and promote condom use, and the expansion of comprehensive care and treatment services throughout the country.

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    A happy, healthy Cambodian mother and child

    Despite Cambodia’s success in controlling the HIV epidemic, continued efforts are needed to maintain the momentum combating the spread of the virus, especially among the nation’s most vulnerable and marginalized populations, which include women, children and young people.

    Hawai’i – The Perfect Refuge

    I returned to Hawai’i in June 1998 after two and a half years with UNICEF – six months in Fiji and two years in Cambodia. The East-West Center graciously provided me with an office to edit 20 years of personal journal entries while contemplating my next adventure.

    My former landlords also welcomed me back to a quiet, refurbished top floor apartment – with spectacular views up to steep mountains and deep valleys, misty with passing showers and rainbows, and down to the sea, sunsets and the lights of Waikiki.

    Biking to the beach each morning brought joy and renewal to my heart. In the cool of the dawn just before the sun appears over the hills, a brisk swim out to the reef and beyond refreshes body and spirit. Moving through crystal clear water with the fish, sea turtles, and an occasional eel or ray. Then, seated with a cup of coffee under the coconuts in the morning sunlight – steady breezes under clear, blue skies, watching the surf roll in – indulging in the artist’s lifestyle.

    Sunset at Kaimana Beach near Waikiki, Oahu, Hawai’i, Wikimedia Commons

    As 1999 dawned, I joined a friend for six weeks of travelling in Thailand, Indonesia – and Vietnam, where I would soon enter the next chapter of adventure and serendipity.

    Stay tuned for more stories, coming soon!

    You can read more about Jim’s backstory,  here and here.

    A Home Security Camera that will provide piece of mind


    We live in turbulent times. Even though COVID-19 dominates the headlines it doesn’t mean that illegal activities have disappeared. Unfortunately, people need cash to finance their drug habits and who knows what else.

    When my next-door neighbor’s home was robbed recently, the concept of breaking and entering became very real. It was time to batten down my Kaimuki home and, look around for a camera system.

    My main parameters were that it had to be wireless and easy to install. I did some online homework and found a well-reviewed system from Arlo was sold at Costco. This unit was tempting but all the video was stored in the cloud and you had to pay the company a monthly subscription to access it.


    I was looking for an option to review content locally.

    This camera system can be easily set up at home without a wired connection. Image quality is excellent, especially considering the price.


    I found a product called EufyCam 2, which is manufactured by Anker, which makes high quality chargers, power banks, and other peripherals.

    The EurfyCam2 comes with two (Wi-Fi) enabled, battery-powered cameras. One of the big selling points is that the cameras can run on a single charge for up to a year. The set is priced at $300 on Amazon.

    The cameras feature a 140-degree field of view, and capture video in 1080p resolution which is plenty high res. They also provide night vision, two-way talk, and motion detection. The cameras are engineered for outdoor use and rated “IP67”, meaning they are waterproof. The system will integrate with both Alexa and Google Assistant as well as Apple’s HomeKit, so video can be viewed on an iPad or AppleTV.

    It will also store video on 16GB of embedded memory. You can get additional storage option in the cloud through a pair of subscription options.


    Placement is key. You’ll need to mount it strategically to capture images of potential unwanted visitors around your home. It may take a while to test the camera in different positions around your home.

    Installation was painless. Simply add a phone app and charge the cameras in the same manner as charging your cell phone. Just follow the directions on the app and add an ethernet cable from your router to a base station (that comes with the unit). Then, synch each camera with the base station by pushing a button.

    The next step is to determine how strong the Wi-Fi signal is between the cameras and the base station. If it’s not strong enough, you may have to shuffle the location of your Wi-Fi booster, which is what I did with my Eero unit.

    The time-consuming part is to figure out where to place the cameras for maximum coverage. This took some time. The manufacturer recommends you mount them 7 to 10 feet high which entailed mounting a ladder and experimenting with the camera angle. Figuring out the best placement takes some time.

    The kit comes with mounts and requires you to drill a pair of holes into an exterior wall. Not terribly complicated. You just need a cordless drill.

    The battery system will give you a charge that lasts an entire year. The motion detector and camera function quite well in low light conditions.

    The upshot?

    The EufyCam 2 works really well. Motion detection was reliable and the quality of video, which I watched on my cellphone, was excellent. It will alert you whenever the camera spots movement. A human-detection option allows the system to recognize human shapes and filter out cars, animals, and other moving objects. It works most of the time although I occasionally get alerts at night, perhaps from a stray cat. (We’ll see if the batteries last a year).

    I consulted with my brain trust, Andrew Lanning, co-founder of Integrated Security Technologies, an Oahu company that installs high end security systems for DoD and Critical infrastructure. He’s leery of wireless systems (they can get hacked) and pointed me to https://nvd.nist.gov/ a U.S. government repository that tracks product vulnerability. I did not find any reported issues with the EufyCam 2.

    The cost of wired systems, installed by professionals, says Lanning, depend on variables such as camera megapixel capacity, day/night vision, length of data storage, etc. Prices can range from $25-$40.00 month plus $500.00 worth of gear at the low end for an easy install and short-term cloud storage, to $40 or $50, or more per camera per month plus $2000.00 for higher end system.

    If you have the means, a wired system is the best bet but if you’re a DIY practitioner, the EufyCam2 is a great, inexpensive option.

    Rob Kay, a Honolulu-based writer, covers technology and sustainability for the Honolulu Star Advertiser and is the creator of Fijiguide.com. He can be reached at Robertfredkay@gmail.com.

    Biting the Dust in Cambodia (Part Two)

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    December 1997: “Stretched out along the banks of the mighty Mekong, the weather in Phnom Penh is fantastic this time of year. Sunny and breezy, all is green following the rains. The mud-slide streets have dried up and the choking dust and oppressive heat won’t come into full force for another month or so. Most importantly, the city is quiet – for the time being at least. Some fighting resumed in the northwest of the country, but we are back to the calm after (or before?) the storm. One never knows what to expect in Cambodia!”

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    Map of Cambodia, CIA World Factbook

    Civil War

    During the months leading up to the fighting in July you could feel the increasing tension in the air. As usual, either utter doldrums of boredom in the blazing heat, with the usual annoyances, or life would suddenly get quite thrilling – as we listened intently for the steady bursting of shells. The situation was the worst it had been in some time.

    The stalls in the local vegetable market were empty. My neighbor and I made a last dash to the nearby 7/7 shop and managed to score the few remaining basic food items and bottles of drinking water off the bare shelves before the owners closed the doors, locked the gate, loaded up their motorbike and headed out of town.

    All but one of the banks had closed – and it was mobbed with people standing outside with bankbooks in hand watching the lucky ones in front receive hundreds, fifties, twenties, tens, fives, ones, and then, out of cash the bank simply closed its doors, leaving us all standing there with our worthless bankbooks.

    Most of the foreign nationals were evacuated from the country. However, many of the international NGOs and United Nations staff remained during and after the fighting. It just so happened that both of my passports – diplomatic and USA national – were in government offices getting visas renewed when all this happened, so even if I could have left the country, I couldn’t travel anywhere. So we waited at home – shelling all day. My landlord’s family stayed too, and was wonderful with food and mutual support throughout.

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    My Phnom Penh apartment owner, Madam Vong

    One of the areas of heavy fighting was near the UNICEF office (and near my apartment!)  Fortunately, the automatic weapons fire and heavy artillery were aimed away from my place.  We were instructed to stay at home – I was literally under the bed and tuned to the two-way radio handset while the fighting swept by.

    Others were not so fortunate.  People were killed, and many homes and businesses were either destroyed by the fighting, or cleaned out by widespread looting by roving gangs of drunken young men toting AK 47’s. Many people fled to the countryside, and the deadly political purges followed. Sadly, just around the corner from the UNICEF office, two children were blown up by a hand grenade they found lying on the ground.

    After the event, there was an overwhelming and pervasive feeling of depression. Jobs disappeared as foreign investors pulled out. All that had gone towards establishing some form of stability, law and order and a semblance of hope in Cambodia seemed lost.

    Eventually, shops re-opened, and investment slowly trickled back into the country, but the economy remained weak. Tourism largely ground to a halt. So, if you were planning a visit to Cambodia, you would have the beautiful temples of Angkor all to yourself!

    The international airport had also been significantly damaged by the fighting, and was closed for several days. Until repairs could be completed, it was prudent to schedule morning flights to Phnom Penh when the weather was more likely to be clear, because pilots had to rely on visual navigation only, to land at the international airport. When I eventually got my passports back, I had new visas that allowed me to stay in Cambodia for another year – a comforting thought!

    The Mekong Region STD/HIV/AIDS Project

    On top of all this Cambodia had the most serious and rapidly progressing HIV/AIDS epidemic in Asia, and was on the brink of becoming one of the worst affected countries in the world.  HIV infection rates among sex workers, their clients and pregnant women were the highest in Asia. Nearly half of all brothel workers were infected, and the HIV infection rate among pregnant women had doubled since the previous year.

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    Commercial sex was cheap and widespread – an estimated 50,000 commercial sex contacts occurred each day in Phnom Penh, and with inconsistent condom use.

    Cambodian girl receiving job training after being rescued from a brothel by a local non-profit organization

    Under its humanitarian mandate, UNICEF was able to continue working for the benefit of women and children in Cambodia, including the training of over 10,000 primary and secondary school teachers and curriculum writers on Life Skills approaches for HIV/AIDS prevention, along with a learning package for foreign language schools.

    Students in a UNICEF-supported ‘floating school’ on the seasonally inundated Tonle Sap freshwater lake

    UNICEF supported multi-sector prevention activities at provincial and local levels, as well as community-based care and counseling for people living with HIV/AIDS. One such activity, designated a UNAIDS “Best Practice” model, successfully brought together a dozen NGOs and the Buddhist temples in Phnom Penh in coordinated support of the municipal health services.

    UNICEF also played a leading role in the first ever National Strategic Planning effort to identify priorities and key strategies to guide the response to the spread of HIV/AIDS in Cambodia.

    Don’t Bring AIDS Back Home

    UNICEF’s mass media social marketing campaign “Don’t Bring AIDS Back Home” had become the most popular HIV/AIDS prevention theme in Cambodia.

    Cambodian women are especially vulnerable to HIV, in part due to cultural norms that tolerate men who seek sex outside of marriage and return home to have unprotected sex with their wives. Although the country’s epidemic was largely male-driven, it was increasingly infecting more women, with more than half of the new infections among women, and with implications for increased mother-to-child transmission of the virus. 

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    Young people were closely involved in development of appropriate HIV/AIDS prevention messages and IEC media 

    Based on recent studies of sexuality among young people in Cambodia as well as our own participatory research with key target audiences, UNICEF worked closely with young people to produce appropriate IEC (Information, Education and Communication) media, including a series of interactive teaching video packages which presented real-life scenarios and modeled practical strategies for dealing successfully with a variety of risk situations.

    Some of the videos were so popular, they were pirated and distributed even before being completed. These video packages were also adapted for use in Thailand, Laos and Vietnam.

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    Empowering young people through Life Skills education 

    Behavior modelling and Life Skills educational programs aimed to empower young people to deal effectively with their problems, make informed choices, act on their decisions and protect their health when pressured to take illegal drugs, engage in unprotected sex or participate in dangerous activities.

    For example, working with adolescent boys hanging out at snooker clubs, and who also visit brothels, UNICEF staff helped them to identify a typical risk scenario, draft some basic scripting and even act in the video – which featured the peer group leader clearly modelling safer behavior at the brothel – in this case, insisting that they all use condoms.

    Another scenario targets adolescent girls with example dialogue and behavior modelling to effectively and amicably delay the onset of sex, when pressured by their boyfriends. 

    Police were an important target audience for “Number One” condom promotion in commercial sex settings

    Popular TV spots featuring famous Khmer actors also demonstrated safer behaviors. For example, married men who go out with their friends to drinking establishments where many of the waitresses or ‘beer girls’ also sell sex, are reminded to remain faithful to their wives or otherwise use a condom every time.

    On one occasion, our popular film star ‘model citizen’ disappeared with the ‘beer girl’ actress after the TV spot filming was over. We could only hope they were using condoms!

    Stay tuned for Part Three, coming soon!

    You can read more about Jim’s backstory,  here and here.

    Money Laying Around?

    During this period of emergency and with our State facing revenue shortfalls of Brobdingnagian proportions, the State Auditor has been busy at work trying to find options for legislators to consider for getting the state budget back on track.

    In Report No. 20-07, the auditor focuses on three special funds.

    One of them is related to a program known to almost everyone:  the deposit beverage container program, or HI-5 as it is sometimes called.  Previous auditor’s reports, some of which we commented on in this space, complained of irregularities. Even after all of that, however, the program’s special fund has been steadily swelling over the years, to the tune of around $5 million each year.  It now holds nearly $49 million.  What is that money now doing?

    The report also mentioned DLNR’s Special Land Development Fund, which is fed by, among other things, ceded land revenues.  In the three years covered in the auditor’s report, the fund collected $47 million in revenues, paid 20% of them to OHA as the statute requires, and then kept more than half of the rest.  The auditor and DLNR then got into a big dispute (see Report No. 19-12) about whether DLNR was allowed to spend that money for its own purposes, thereby bypassing the appropriation process.  The fund now has $36 million in it.

    The third fund was also from DLNR, this time its Land Conservation Fund.  This fund is primarily fed by a Conveyance Tax earmark that is limited to $6.8 million per year.  However, its expenses are capped at $5.1 million per year.  The fund now has $33 million in it, of which $16.6 million had not been set aside for projects or program expenses – sitting idle, in other words.  And by the way, many of the projects backed by that fund took multiple years to complete.  Four projects now in the pipeline had been pending for 5 years or more.

    In Report No. 20-06, the Auditor performed simple mechanical tests on all the funds in the State’s accounting system.

    First, it found that 64 accounts had no deposits or withdrawals in five years.  Most of them are small, but four collectively hold $73 million.  No attempt was made to ask the agencies holding those funds why they still exist; the Auditor left that part up to any legislators who may be interested.

    Second, it focused on accounts with average balances for the past three fiscal years were more than double the amount of the outflows (expenditures and transfers out).  The idea was to figure out which funds had cushions in them.  Again, no attempt was made to ask the agencies holding those funds why the cushion was there.  Out of 1,877 special and revolving fund accounts reviewed, 257, collectively with $2.28 billion, met the criteria.  Some examples are the Dept. of Budget and Finance’s rainy day fund, with $325.9 million and average cash out of zero; DBEDT’s dwelling unit revolving fund, with $154.9 million and average cash out of $17.2 million; DBEDT’s rental housing revolving fund, with $362.7 million and average cash out of $61.7 million; a Department of Transportation account related with the Kapalama Military Reservation improvements, with $109..9 million and average cash out of zero; and its Passenger Facility Charge special fund, with $211.7 million and average cash out of $17.1 million.  These are the five biggest ones, but there is plenty more where they came from.

    Can some or all those millions be redirected to other areas of need?  If they cannot, should those funds be paying for things that other, less restricted funds (such as general fund moneys) are now paying for?  These questions need to be asked and answered before we consider more painful revenue raisers like tax hikes.

    Biting the Dust in Cambodia (Part One)

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    December 1996:“A weekend retreat — traveling three hours by convoy for safety, radios in each of the three cars and along a good, tar-sealed road (which passes through Pol Pot territory – and a popular kidnapping area lined on either side with mine fields) brings us to some very pleasant beaches along Cambodia’s southern coast. Then, during a morning jog along the beach, someone discovered a freshly killed, bloody corpse (probably a smuggler) the day we left the resort town Kompong Som. A stark reminder that we are still in Cambodia – where at times life can seem cheap, and security must be taken seriously.”

    In May 1996, I moved to Phnom Penh, Cambodia to set up and manage UNICEF’s country program assistance to government, NGOs and international organizations as part of the Mekong Region STD/HIV/AIDS Project, a new regional project implemented in six countries bordering the Mekong River: Cambodia, China, Laos, Myanmar, Thailand and Vietnam.

    The-Greater-Mekong-Subregion-GMS Researchgate
    Greater Mekong Sub-region, by Research Gate

    Still reeling in the aftermath of the Khmer Rouge’s reign of terror (1975-1979) that resulted in the deaths of up to three million people or nearly a quarter of the 1975 population through execution, torture, starvation, and disease. Tragically, in the mid-1990’s Cambodia was experiencing the most serious and rapidly progressing HIV/AIDS epidemic in Asia, and was on the brink of becoming one of the worst affected countries in the world.

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    CIA World Fact Book

    For the majority of Cambodians, HIV/AIDS was not considered a priority concern. Disruption and weakening of the family and community, as well as continued armed conflict and extensive poverty following years of turmoil had resulted in large numbers of young people, women and children living in especially difficult circumstances.

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    Cambodian countryside

    The rapid transition to a free market economy, increased population mobility, the opening of borders, and other liberalizing measures implemented with little apparent guidance or regulation were also contributing to the explosive spread of HIV in Cambodia.

    Phnom Penh street traffic, mid-90’s

    The primary mode of HIV transmission was unprotected heterosexual intercourse. Women especially faced an enormous challenge from HIV. National HIV Sentinel Surveillance had found that over 40% of the commercial sex-workers tested and nearly 2% of pregnant women attending ante-natal clinics were HIV-infected.

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    Cambodia’s National HIV/AIDS Program prevention messaging, including condom promotion

    Even among those who were not occupationally exposed in Cambodia’s growing commercial sex industry, women were increasingly at risk for infection from their husbands and boyfriends.

    UNICEF’s chief strategy was to raise the capacity of counterpart organizations at local levels, working in collaboration with target populations assessed to be most vulnerable to sexually transmitted diseases (STDs) including HIV. 

    With support from UNICEF, young people developed appropriate IEC media and conducted HIV/AIDS awareness campaigns

    These included students in primary, secondary and vocational schools, non-formal education participants, out-of-school youth, women of reproductive age, and women and children directly affected by HIV and AIDS – especially rural people and ethnic minorities who faced a higher risk for HIV infection because of their marginal status.

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    The Khmer Rouge planted coconut trees throughout the capital Phnom Penh to impart a ‘rural utopia’ image.

    Because so many of the educated Khmer had either died, were badly traumatized, or had fled the country to escape the horrors carried out by the Khmer Rouge under Pol Pot, the few remaining qualified government counterparts UNICEF could work with were stretched to the limit and often unavailable as they faced enormous challenges of competing priorities in health, education, social welfare, and other sectors that UNICEF supported.

    Project Officer for STD/HIV/AIDS

    As UNICEF’s Project Officer for STD/HIV/AIDS, I was responsible for the planning, development and management of technical and financial assistance on all aspects of Project implementation to establish Cambodia’s component of UNICEF’s Mekong Region STD/HIV/AIDS Project.

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    Conducting situation analysis, needs assessment and HIV/AIDS awareness-raising throughout the country

    Through on-going situation analysis, awareness-raising, human resource needs assessment and training, the Project raised the capacity of government agencies, NGOs, local communities and the UNICEF country office to design, test, implement, monitor and evaluate activities to reduce HIV/AIDS transmission and increase community acceptance and care for women, children and families affected by the illness.

    As the leading multilateral agency supporting Cambodia’s National HIV/AIDS Program and its multiple implementing partners at national, provincial and community levels, a major challenge was coordinating these important and wide-ranging efforts for maximum impact.

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    International Youth Club Pool, Phnom Penh

    A swim each evening at the International Youth Club pool was refreshing and helped ease the strain, followed by a bowl of noodle soup from my favorite street vendor and a loaf of hot, crispy French bread from the ‘Nom Pang’ (bread) vendor whose ‘Pang Pang’ cries echoed through the streets as he peddled his bike through the night.

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    My favorite noodle soup vendors, Phnom Penh

    Of course, it was prudent, especially after dark, to carry a readily accessible $20 bill to hand off in a hurry if confronted by armed robbers roaming the streets.

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    Some of the exquisite French-colonial era architecture 

    Once known as the “Pearl of Asia,” Phnom Penh was considered one of the loveliest French-built cities in Indochina in the 1920’s. Sadly, in the mid-90’s, the city was a stinking mudslide when it rained, and a heavily trashed dust bowl the rest of the time, especially because of the growing traffic on the largely unpaved roads.

    Many of the streets in Phnom Penh were unpaved and badly trashed

    Of course, a big challenge was simply managing the energy drain and overall depressing nature of the place. Rampant corruption, civil war and subsequent political purges, AIDS, poor illiterate peasants, beggars, amputees, child prostitution, orphans – it was going to take time to recover from such horrific trauma and suffering.

    Not much to buy or to eat

    Strolling home from the pool each night under the stars, twinkling through the coconut palms – down the quiet, dusty back streets, a few fires burning in the darkness, migrant workers and their families huddled in ramshackle shelters.

    A few guys shooting snooker, a scuttering rat or two in the rotting rubbish piles and stagnant pools of stinking water, past a small market area behind the crumbling hospital next to a temple. But as usual, there was not much worth buying or eating – except a roast banana or perhaps a blackened, rock-hard baguette from the mobile hot bread-seller.

    Exuberant Cambodian children

    Again, the positive and stimulating nature of my work at UNICEF is what saved me. Grateful for the pool, for quiet, walkable streets with (at that time) only limited motorized traffic, and the stamina to respond to the swarms of kids desperately seeking attention and love – and yet somehow, still bursting with boundless youthful exuberance.

    Stay tuned for Part Two, coming soon!

    You can read more about Jim’s backstory,  here and here.