HONG KONG, Sep. 5LAO MONG HAY
Posted at UPI Asia Online
Column: Rule by Fear
Over the last two weeks, the Cambodian government has mounted vitriolic attacks against a request for former King Sihanouk, now 84, to be stripped of his immunity and face trial in the mixed Cambodian-U.N. tribunal set up to try senior Khmer Rouge leaders.
The government branded the request by the Cambodian Action Committee for Justice and Equity, a U.S.-based non-governmental organization, a "public agitation" that "could have the result of jeopardizing the peace and unity" of Cambodia "and play into the hands of those who would seek to return [the country] to its former state of war and chaos." Prime Minister Hun Sen called the request "very barbaric" and said that the top state institutions could not stand by and watch it set a fire blazing in the heart of the Cambodian people.
Other leading state institutions joined the government in "absolutely rejecting" and "condemning" the request. They glorified Sihanouk's services to the nation, which included giving Cambodia its independence, territorial integrity, unity and national reconciliation. They also claimed he had suffered when he had been overthrown by a coup in 1970 and when he had been under the rule of the Khmer Rouge between 1975 and 1979. Sihanouk "had suffered more than most rulers," Hun Sen claimed.
In line with Cambodian law and assistance agreements between the Cambodian government and the United Nations, Peter Foster, the tribunal's U.N. spokesman, in his comment on the same request, was reported as saying that it was up to the tribunal to decide whom to call as a witness and whom to indict. He added that Sihanouk could be called as a witness.
Following this statement, the government issued a warning on Aug. 31 that "Cambodia will kick out the Khmer Rouge Tribunal if it brings Great, Valorous King Sihanouk to trial." Moreover, it asserted that there should not be a summons to Sihanouk to appear in court as a witness. If the judges or prosecutors of that tribunal "issue such a summons, we shall kick out that tribunal," it added, claiming that any such summons would "humiliate" what it called the "symbol" of Cambodia.
Sihanouk became king of Cambodia in 1941 and abdicated in 1955. In 1960, he became head of state with executive power but was not crowned king at that time. In 1970, he was overthrown in a coup, which engulfed Cambodia during the Vietnam War and led to the Chinese-backed Khmer Rouge's armed struggle alongside and with support from the Vietnamese communist forces.
Sihanouk, while in China in the immediate aftermath of being overthrown, became the head of the Khmer Rouge-dominated government in exile. From China, Sihanouk used his popularity to mobilize the Cambodian people to "go into the maquis (jungle)" to join the Khmer Rouge. The latter's army then grew from strength to strength and won power in 1975, and Sihanouk remained head of state of the Khmer Rouge regime until 1976.
In 1982, Sihanouk again became head of state of the Cambodian resistance movement against the Vietnamese-installed government in Cambodia. At the end of the latter war, in 1993, he was re-crowned king. Although he abdicated again in 2004, the Cambodian Parliament named him "Great Valorous King" in recognition of his lifelong dedicated service to the country and achievements and conferred upon him the same privileges and immunities as those constitutionally conferred upon the reigning monarch, which includes immunity from prosecution.
This act of Parliament conferring immunity was unconstitutional, however, as the Constitution of Cambodia confers this immunity only upon the reigning monarch and not upon anyone else. Nor has that act any moral legitimacy, for under its Constitution, Cambodia is supposed to be governed by the rule of law under which all are equal before the law and no one is above the law.
Furthermore, many Cambodian people still believe that Sihanouk was instrumental in the Khmer Rouge's victory and was therefore also responsible for the suffering of the Cambodian people under the Khmer Rouge's rule. They also want justice and to know the truth about their horrible past history in which Sihanouk must have had a hand due to his association with the Khmer Rouge.
Sihanouk's immunity from prosecution is illegitimate, unconstitutional and indefensible. Any use of it by Sihanouk himself or with government support to evade any court action only strengthens the belief in his share of responsibility for the suffering of the Cambodian people under the Khmer Rouge's rule. It is an obstruction of justice and jeopardizes the rights of Cambodia's people, who have endured enough grief. It will prevent the Cambodian nation from addressing their past through the tribunal.
The Khmer Rouge Tribunal thus should not be intimidated by the Cambodian government's latest threat and should maintain its independence. It should challenge Sihanouk's immunity and summons him to appear whenever truth, justice and/or the rights of the people so require.
--
(Lao Mong Hay is currently a senior researcher at the Asian Human Rights Commission in Hong Kong. He was previously director of the Khmer Institute of Democracy in Phnom Penh, Cambodia, and a visiting professor at the University of Toronto in 2003. In 1997, he received an award from Human Rights Watch and the Nansen Medal in 2000 from the United Nations High Commissioner for Refugees.)
The government branded the request by the Cambodian Action Committee for Justice and Equity, a U.S.-based non-governmental organization, a "public agitation" that "could have the result of jeopardizing the peace and unity" of Cambodia "and play into the hands of those who would seek to return [the country] to its former state of war and chaos." Prime Minister Hun Sen called the request "very barbaric" and said that the top state institutions could not stand by and watch it set a fire blazing in the heart of the Cambodian people.
Other leading state institutions joined the government in "absolutely rejecting" and "condemning" the request. They glorified Sihanouk's services to the nation, which included giving Cambodia its independence, territorial integrity, unity and national reconciliation. They also claimed he had suffered when he had been overthrown by a coup in 1970 and when he had been under the rule of the Khmer Rouge between 1975 and 1979. Sihanouk "had suffered more than most rulers," Hun Sen claimed.
In line with Cambodian law and assistance agreements between the Cambodian government and the United Nations, Peter Foster, the tribunal's U.N. spokesman, in his comment on the same request, was reported as saying that it was up to the tribunal to decide whom to call as a witness and whom to indict. He added that Sihanouk could be called as a witness.
Following this statement, the government issued a warning on Aug. 31 that "Cambodia will kick out the Khmer Rouge Tribunal if it brings Great, Valorous King Sihanouk to trial." Moreover, it asserted that there should not be a summons to Sihanouk to appear in court as a witness. If the judges or prosecutors of that tribunal "issue such a summons, we shall kick out that tribunal," it added, claiming that any such summons would "humiliate" what it called the "symbol" of Cambodia.
Sihanouk became king of Cambodia in 1941 and abdicated in 1955. In 1960, he became head of state with executive power but was not crowned king at that time. In 1970, he was overthrown in a coup, which engulfed Cambodia during the Vietnam War and led to the Chinese-backed Khmer Rouge's armed struggle alongside and with support from the Vietnamese communist forces.
Sihanouk, while in China in the immediate aftermath of being overthrown, became the head of the Khmer Rouge-dominated government in exile. From China, Sihanouk used his popularity to mobilize the Cambodian people to "go into the maquis (jungle)" to join the Khmer Rouge. The latter's army then grew from strength to strength and won power in 1975, and Sihanouk remained head of state of the Khmer Rouge regime until 1976.
In 1982, Sihanouk again became head of state of the Cambodian resistance movement against the Vietnamese-installed government in Cambodia. At the end of the latter war, in 1993, he was re-crowned king. Although he abdicated again in 2004, the Cambodian Parliament named him "Great Valorous King" in recognition of his lifelong dedicated service to the country and achievements and conferred upon him the same privileges and immunities as those constitutionally conferred upon the reigning monarch, which includes immunity from prosecution.
This act of Parliament conferring immunity was unconstitutional, however, as the Constitution of Cambodia confers this immunity only upon the reigning monarch and not upon anyone else. Nor has that act any moral legitimacy, for under its Constitution, Cambodia is supposed to be governed by the rule of law under which all are equal before the law and no one is above the law.
Furthermore, many Cambodian people still believe that Sihanouk was instrumental in the Khmer Rouge's victory and was therefore also responsible for the suffering of the Cambodian people under the Khmer Rouge's rule. They also want justice and to know the truth about their horrible past history in which Sihanouk must have had a hand due to his association with the Khmer Rouge.
Sihanouk's immunity from prosecution is illegitimate, unconstitutional and indefensible. Any use of it by Sihanouk himself or with government support to evade any court action only strengthens the belief in his share of responsibility for the suffering of the Cambodian people under the Khmer Rouge's rule. It is an obstruction of justice and jeopardizes the rights of Cambodia's people, who have endured enough grief. It will prevent the Cambodian nation from addressing their past through the tribunal.
The Khmer Rouge Tribunal thus should not be intimidated by the Cambodian government's latest threat and should maintain its independence. It should challenge Sihanouk's immunity and summons him to appear whenever truth, justice and/or the rights of the people so require.
--
(Lao Mong Hay is currently a senior researcher at the Asian Human Rights Commission in Hong Kong. He was previously director of the Khmer Institute of Democracy in Phnom Penh, Cambodia, and a visiting professor at the University of Toronto in 2003. In 1997, he received an award from Human Rights Watch and the Nansen Medal in 2000 from the United Nations High Commissioner for Refugees.)
15 comments:
I want to make two comments:
1: To Hun Sen: I live a good life compared to you. I don't have to fear for my life. When I go to sleep at night, I get to sleep well. Unlike, you live your life at least since 1979 at the mercy of the Vietnamese. When they spare your life, you get to breath, but when they don't, you will be sorry that you betray your very own country and your people. You need to sto living in fear. That will give you stomach pain. I know that doesn't sound good.
2: Sihanouk: I don't care how good you lie to others; you can never lie to yourself. You were born with all the power and materials that one person could possibly need. But you have no value, not even for yourself. I just don't understand why you want to be who you are. You had everything before, but you started to gamble until you lost everything, including your own wisdom and conviction? I have nothing compared to you, but I live a good life, not a minute that I feel remorse. Please look at yourself in the mirrow, and say something decent to yourself if you were going to die as a human. Remember even Animals still love their own children. You're worse than animal (Sat De Ra Chan).
Narong Tep
He is so coward. Let's him die with his tremendous guilt of knowing full well that he had played a part in the massacre of almost two millions of his own people.Yes, keep worship your hero.And yes only in Cambodia, when you stole car you go to jail, but when you killed millions you got respect.
Hey you guys!! Xi Hanuc may be right the fucking court will not find any justice for cambodian becuase it can only judge the Cambodian but not the foreigners!
If they give negative judgement to foreigners it mean nothing because the court is not international enought!
let forget about the fucken court and let Gag take the case over as international! like Preavihar!
How do you explain Cambodian current constitution that state clearly that Cambodian King can reign but not rule!
So whether Cambodian King is under the constitution or not! It is hard to take Cambodian King to court and force him to take responsibility for all the shit that happen to Cambodia!
If King Sihanouk single handed brought the misery and create the killing field upon Cambodian people and he would be executed long time ago! But the fact is he is not the only one and there are many players in Cambodian politic too!
So why do they continue to focus on King Sihanouk! Why do they continue to limit their view and the scope of their understanding of Cambodian politic at that time!
Only King Sihanouk should go to court and what about others? If you want to play and let play fair! Please don't forget to call the ghost of HO CHI MINH, the ghost of Pol Pot, and the ghost of Richard Nixon and others...
It is so easy to point finger at the living but for the death that cause more pain and suffering and you never point your finger!
There is a saying that the world is made up many moving parts and King Sihanouk is one of the moving parts! The UN court needs to get all the moving parts and put it together to give a complete story of the political machine behind the killing field!
Shame on you!
Couple things about Shihanouk...
First of all, when the KR court was not setup, he used to say that he was willing to clarify whatever he knows in front of the court, now he scares...
HunSen used to SPIT on the Shihanouk after he came back from Vietnam forcing Shihakmoni to sign the border treaty with VN. At that time, Shihanouk talked SHITs about HUNSEN as a betrayor, HUNSEN threw out all the documents that Shihanouk secretly dealt with Hanoi on TVK. Shihanouk scared and let his son signed the border treaty that gave hundreds of kilometters of Cambodia's land to YOUN...
Khieu Samphan blamed on the YOUN was secretly stood behind the killing field. Vietnam knows that Shihanouk is a chicken man. Shihanouk will say anything if he knows that he will be imprisoned. Thus, Vietnam orders Hunsen for not letting Shihanouk to face the KR court because Shihonouk will blame everything on Vietnam.
Shihanouk knows who committed the killing field, so Shihanouk will say everything that he knows so he can stay away from the trial. Vietnam scares that. This is why Hunsen starts supporting the Shihanouk. In reality, Hunsen knows that Shihanouk is just a stupid and useless King. He doesnot have any respect to him even he was onetime acting as an adopt son of Shihanouk. We all know that story.
King is also a Cambodian. He is not a god or whatsoever. If they committed crime, they have to face the court. Hunsen knows it, but because Vietnam ordered him for not letting Shihanouk go to court, that why he has to do like that. If not, Hunsen will freaking let all the Royal family facing the court already. Hunsen used to say that why Shihanouk doesnot die yet??? because sometime Shihanouk wokeup to be a real Khmer, then he started saying that YOUN took Cambodia land and started Blaming on Hunsen regime as a puppet dog for YOUN.
As Cambodian living around the world, we must write petition letters to let the world know that if HUNSEN brave enough to kick the International judges out of Cambodia because We, Cambodian, want Shihanouk going to the court, then let HUNSEN does that. I bet you, HUNSEN is a stupid leader on this planet, he just says based on what the YOUN ordered him. He will scare to death if the world will say that YOU SHUT UP and let the KR court works based on the Cambodian interest.
If Shihanouk is a real Khmer. He has nothing to hide and of course, he should tell all the truth because he will go to die soon because of his age and disease that he has. He should not dream that the YOUN will give more YOUNG GIRLS for him as used to be.
To set a good sample for all Cambodian ,NO ONE ARE A BOVE THE LAW no excuse, if the government not reenforce the laws this country,become to be a lawlessness country then this country will facing a tremendous dangerous from the group of powerful people like mafia,corruption and Thai-coon ,the leader dictator country like Sadam,kim Ilsong,Pol Pot , Ho Chiminh and Seihaknouk always bring it country into the disaster at the end, so Cambodian new generation have to not permit the government has so much power. When they have so much power they are crazy and lead our country to the wrong direction ,and we have no one to responsible for ,example like The SEIHAKNOUK misleading Cambodia and drove Cambodia in to genocidal killing field ,and no one wanted to be admit the Guilt.
Hun Sen love Sihanouk so much. If Sihanouk were to go to trail to answer to the court he will die of mysterous death before the trail begins just like Ta Mok, Oum Chhay etc.
I wonder why we can't find a good leader who really works for the country.They just want the power and they let the Khmer people suffering so much.
Hun Xen & Xihanuk have to relay & need each other.
I called them :" Sath Yoki-Yokear "
They walk,think,rule and they kill
their own people without pyty.
The both love Yuon-Hanoi more than Khmer-People.
The problem of Khmer cut-throat behavior because Khmer have lost trust for one another especially those in the leadership. Khmer have been beaten on each other for so long. The Pol Pot era have really made us all sick and mad. We have to learn to trust each other, give credit, acknowledge accomplishment and achievement to each other again. We have to learn to support each other and push each other up the ladder. The lack of trust, Khmer do not think for the long term, because they think they won't be rewarded. Therefore we a lot of cut and run behavior today.
I think this saga has nothing to do with Hun Sen's love, or CPP's love, for Sihanouk. We all know Hun Sen despises Sihanouk and prays days and nights for his untimely death. He keeps wondering why this old man doesn't go to hell yet. Sihanouk is an eye sore to Hun Sen's working eye. Whether it is Hun Sen's initiative or Yuon's initiative, this US-based little-known NGO has been unknowingly initiated or used to put Sihanouk in the spot light.
It seems this has more to do with the upcoming election. While the Royalist groups are fighting each other, the CPP makes it to look like they're the only party that is truly Royalist in order to pick up more votes from people who still revere Sihanouk. They seem to be the real saviours of Sihanouk, while they actually are the culprits. Sihanouk is being used again and again by different chess masters to strengthen their own position of power and credibility.
This old man is smart, but he sometimes lets dubious flattery get the better of him. As a result, he is outsmarted to the detriment of his country and people.
Dr. Lao Mong Hay said it all. Thank you Dr. Lao for having the courage to do what you do. Sihanouk, if found guilty must be put to death by a firing squad, just like the rest.
All true Khmer compatriots, ladies and gentlemen,
Cambodia's had cancers that were embedded into her by China+YUONS+Vietminh-CPP-Hun Sen+all royal's crooks through traitor Sihanouk's flesh and blood, also through his YUON's wife Monique and Sihanouk’s clique.
To have a true and lasting peace for Cambodia these cancers have to be removed once for all, either by the law of ECCC-KRT or by any means, as long as the majority of true Khmers are agree with.
If these cancers remain inside Cambodia without proper treatments YUONS will continue to swallow us bit by bit every day and China will gobble the whole region without mercy toward Cambodia land and all Khmer people, with the last assistance of NORODOM SIHANOUK-HUN SEN.
KULEN MONOROM
(the rice farmer's son)
Dr. Lao Mong Hay likes to throw stones! He pontificates about "unconstitionality" of this and of that. He accuses the retired King without any evidence to support his case, yet he forgets that he had to leave the directorship of the Khmer Institute of Democracy in Phnom Penh because under his rule there was mismanagement and lack of transparency in the Institute while he travelled the world pontificating rigth, left and center. He should look at himself first and then condem others!
At least Dr. Hay is an educated man. Unlike Dr. Hay, Sourn Serey Rather a self promoter wants to climb to the top just like ah Kvak Hun Sen without going to school. Bad experience with ah Kvak is too painful already, I don't want to face another ah kvak Sourn Ratha again. Why cannot ah keh banh Sourn Ratha go to school first beforee he wants to be a big man?
Don't we suffer too much because too many ah kvak in power?
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