ABC Radio Australia
The Khmer Rouge Tribunal currently underway in Phnom Penh has seen controversy in many forms.
The latest revolves around allegations of corruption, which have dragged on for months and seen donors freeze funding for the salaries of Cambodian staff.
Presenter: Robert Carmichael
Speakers: Heather Ryan, trial monitor for the Open Society Justice Initiative; Jo Scheuer, UNDP's country manager
CARMICHAEL: This is the voice of Comrade Duch, former commander of the notorious Tuol Sleng execution centre in Phnom Penh. He's testifying at the Khmer Rouge tribunal where he's charged with crimes against humanity. But the credibility of the tribunal is at stake with long simmering allegations that Cambodian administrators paid kickbacks to senior staffers in return for their jobs. Most international donors have declined to release more funds to the tribunal until the Cambodian government resolves the issue.
But one donor has bucked the trend. Earlier this month Australia announced it would release funds while a senior UN official was in Phnom Penh trying to resolve the corruption allegations.
Heather Ryan is a trial monitor for the Open Society Justice Initiative.
HEATHER RYAN: It is inexplicable to me why the Australian government would take a step like that, that so obviously does undermine the negotiating position of not only the UN but others who are committed to trying to eliminate or trying to reduce corruption in the court and here in Cambodia in general.
ROBERT CARMICHAEL: The Australian Embassy in Phnom Penh refused to comment, saying the matter was too sensitive. But a spokesman for the Department of Foreign Affairs in Canberra said by email the decision was based on what he called "broad progress" in the Cambodian government's efforts to address corruption concerns, and to ensure that the court could continue its work.
Despite his comments that Australia had consulted with other donors and the UN before making its move, the UN Development Programme - which holds the money in a frozen trust - refused Australia's request to release the funds.
UNDP's country manager is Jo Scheuer.
JO SCHEUER: We are the ones accountable for the proper use of what at the end of the day is taxpayers' money. We have said for the last nine months that we need to see allegations resolved and mechanisms put up before we can resume our role, and that today is still the same position.
ROBERT CARMICHAEL: Lawyers for some of the defendants have used the corruption issue to argue their clients won't get a fair trial. And possibly worse than that, there have been some media allegations that Cambodian judges paid kickbacks to get their positions - a potentially fatal flaw for the tribunal.
Mr Scheuer says the UNDP has seen no evidence that happened.
JO SCHEUER: From the work we have done with the court we have no information whatsoever that anything happened on the judicial side of the national side of the court. It has been talked about, it has obviously been mentioned by some of the defence teams of some of the accused. I can 100 per cent say of all the work we have done, the extent of our knowledge of the allegations is limited to the administration of the court.
ROBERT CARMICHAEL: A tribunal spokesperson says April salaries for staff will be paid late, but is confident that money will come in. But the UNDP remains adamant the cash won't come from its funds. Heather Ryan at the Open Society Justice Initiative thinks it's possible other donors could follow the Australian lead. And that could potentially undermine the UN's insistence on fixing the corruption problem.
HEATHER RYAN: I am concerned about that and there is some evidence of that. I think the Australian's efforts to release their funds now without an agreement is evidence of that, and we are watching carefully to see if other donors follow suit with them or if they continue to stand firm that they want an adequate agreement before they release any additional funds to the Cambodian side.
ROBERT CARMICHAEL: And while monthly salaries are one thing, the bigger issue is the damage the corruption allegations have done and continue to do to the court's credibility. As UNDP's Jo Scheuer says: Everybody just wants to close this chapter and move on. But that requires action from Phnom Penh. For now, the ball remains in the Cambodian government's court.
The latest revolves around allegations of corruption, which have dragged on for months and seen donors freeze funding for the salaries of Cambodian staff.
Presenter: Robert Carmichael
Speakers: Heather Ryan, trial monitor for the Open Society Justice Initiative; Jo Scheuer, UNDP's country manager
CARMICHAEL: This is the voice of Comrade Duch, former commander of the notorious Tuol Sleng execution centre in Phnom Penh. He's testifying at the Khmer Rouge tribunal where he's charged with crimes against humanity. But the credibility of the tribunal is at stake with long simmering allegations that Cambodian administrators paid kickbacks to senior staffers in return for their jobs. Most international donors have declined to release more funds to the tribunal until the Cambodian government resolves the issue.
But one donor has bucked the trend. Earlier this month Australia announced it would release funds while a senior UN official was in Phnom Penh trying to resolve the corruption allegations.
Heather Ryan is a trial monitor for the Open Society Justice Initiative.
HEATHER RYAN: It is inexplicable to me why the Australian government would take a step like that, that so obviously does undermine the negotiating position of not only the UN but others who are committed to trying to eliminate or trying to reduce corruption in the court and here in Cambodia in general.
ROBERT CARMICHAEL: The Australian Embassy in Phnom Penh refused to comment, saying the matter was too sensitive. But a spokesman for the Department of Foreign Affairs in Canberra said by email the decision was based on what he called "broad progress" in the Cambodian government's efforts to address corruption concerns, and to ensure that the court could continue its work.
Despite his comments that Australia had consulted with other donors and the UN before making its move, the UN Development Programme - which holds the money in a frozen trust - refused Australia's request to release the funds.
UNDP's country manager is Jo Scheuer.
JO SCHEUER: We are the ones accountable for the proper use of what at the end of the day is taxpayers' money. We have said for the last nine months that we need to see allegations resolved and mechanisms put up before we can resume our role, and that today is still the same position.
ROBERT CARMICHAEL: Lawyers for some of the defendants have used the corruption issue to argue their clients won't get a fair trial. And possibly worse than that, there have been some media allegations that Cambodian judges paid kickbacks to get their positions - a potentially fatal flaw for the tribunal.
Mr Scheuer says the UNDP has seen no evidence that happened.
JO SCHEUER: From the work we have done with the court we have no information whatsoever that anything happened on the judicial side of the national side of the court. It has been talked about, it has obviously been mentioned by some of the defence teams of some of the accused. I can 100 per cent say of all the work we have done, the extent of our knowledge of the allegations is limited to the administration of the court.
ROBERT CARMICHAEL: A tribunal spokesperson says April salaries for staff will be paid late, but is confident that money will come in. But the UNDP remains adamant the cash won't come from its funds. Heather Ryan at the Open Society Justice Initiative thinks it's possible other donors could follow the Australian lead. And that could potentially undermine the UN's insistence on fixing the corruption problem.
HEATHER RYAN: I am concerned about that and there is some evidence of that. I think the Australian's efforts to release their funds now without an agreement is evidence of that, and we are watching carefully to see if other donors follow suit with them or if they continue to stand firm that they want an adequate agreement before they release any additional funds to the Cambodian side.
ROBERT CARMICHAEL: And while monthly salaries are one thing, the bigger issue is the damage the corruption allegations have done and continue to do to the court's credibility. As UNDP's Jo Scheuer says: Everybody just wants to close this chapter and move on. But that requires action from Phnom Penh. For now, the ball remains in the Cambodian government's court.
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