The Perpetual Violation of The Khmer People's Rights: An Extension of The Khmer People Genocide?

THE PERPETUAL VIOLATION OF THE KHMER PEOPLE'S RIGHTS: AN EXTENSION OF THE KHMER PEOPLE GENOCIDE?

By : Khmer M’Chas Srok (Khmer - Sovereign people on the Khmer Land)

INTRODUCTION & EXECUTIVE SUMMARY

According to the United Nation’s Universal Declaration of Human Rights, Article 3, Khmer people have the right to live in safety with the government fulfilling its global responsibility of safety to its citizens. However, a culture of impunity and perpetual cultural genocide persists today where crimes against humanity have denied the basic dignity of the Khmer people. Human Rights in Cambodia are being repeatedly violated by the failure of the state law system. Human Rights defenders and activists involved in defending land and natural resources are being sent to jail on unfounded charges. Freedom of expression and assembly are restricted and curtailed. There are also ongoing evictions that are carried out with the participation and the complicity of the government forcing tens of thousands of Khmer people to further conditions of poverty in their own homeland.

The Khmer M’Chas Srok (KMS) is a movement formed based on ideas and actions to bring all Khmer volunteers to serve the common interests of the Khmer people and the Khmer Nation. Our mission is to steer the Khmer society toward peace, prosperity, independence and national sovereignty and to defend the territorial integrity of Cambodia, as well as the rights and freedom of the Khmer people.

The rights of people enshrined in Article 21-3 of the Universal Declaration of Human Rights stipulate that the will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedure. Actually, Members of Cambodian National Assembly (Members of Parliament) are issued from election fraud, because the Cambodian National Election Committee (NEC) is 100% controlled by the Cambodian People's Party (CPP) which was installed by the occupying Communist Vietnamese forces in 1979. Our aspiration as the KMS is to realize a genuine democracy based on the human rights principles of freedom and genuine participation in government.

Topics of submission Rights

The UN Universal Periodic Review is an important opportunity to address the core challenges facing the citizens of Cambodia. The trend toward totalitarianism is increasing alarming based on systematic gross human rights violations. This persistent pattern of abuse must be altered through the rule of law enshrined in the spirit of the UPR. We look forward to cooperation with member states and the OHCHR to fulfill this important endeavor toward the realization of human rights enshrined in the UDHR.

The submission of this report focuses on selection of major rights in Cambodia in the following thematic sub-categories: Children’s Rights, Women’s Rights, Land Rights, Culture of Impunity, and Warning Signs of Perpetual Cultural Genocide – a Continuation of Cruelty.

CHILDREN’S RIGHTS:

The people of Cambodia have suffered incalculably for the last thirty years. Through Human Rights, the children should merit a better future and their pain and their suffering should be reduced.

Issues:

Education for Children: Children are adversely affected by an inadequate educational system. While education is available, it is not mandatory. Many children have to leave school to help their families work on subsistence farming or work in other activities. They begin school at a late age, or do not attend school at all. In particular, girls are even more affected because the government does not pay enough attention to schooling equality between boys and girls. In remote areas, schools are not safe for girls to obtain their education. Furthermore, lack of transportation usually exacerbates the problem. The UN Millennium Development Goals (MDGs) provide important benchmarks to reach these rights.

Children abuse – Violence and Exploitation: Child abuse is believed to be common, but no statistics on this issue are available. Rape is considered a crime according to Cambodian law, but child rape remains a serious problem. Sexual intercourse with a person under the age of 15 is illegal. However, child prostitution and trafficking of children are rampant. In prison, the 2009 statisitcs shows that at least 43 children under the age of six are living with their mothers. These children are subjected to mistreatment by prison guards and they also face physical assaults from criminal adults sharing the same cell.

Child labor is a problem in the informal economy. The law should protect children from exploitation in the workplace. The law allows children between 12 and 15 to engage in "light work" that is not hazardous to their health and does not affect school attendance. Child labor is widespread in farming, brick making, fishing, the commercial sex industry, domestic service, and in tobacco and rubber plantations. These areas must develop legal standards to defend children’s rights.

No aspect of the law prohibiting child labor was adequately enforced in the formal job sector. No employer was ever prosecuted for violating child labor law.

Questions:

1. Why is schooling not mandatory for children in Cambodia?
2. Why newborn babies are not all issued with birth certificates in Cambodia? (Lack of birth certificate is a discrimination in public schools and future issues arising for children in adulthood.)

Recommendations:

1. Birth certificates should be issued immediately upon birth,
2. Education should be free and mandatory for all children of both sexes under the age of 16,
3. Child labor law should be reinforced to conform with rights recognized in the UN CRC.

WOMEN’S RIGHTS:

Cambodia is a source, a transit and a destination country for trafficking of women who made up between 60%-64% of the adult population. The Cambodian cultural norms dictate that relations between husband and wife are internal affairs. The trafficking in women for prostitution is a serious problem despite the existence of laws against procuring and kidnapping for the purposes of sexual exploitation.

Issues:

Domestic violence, rape and human trafficking for sexual exploitation are among the most serious violations of women's rights in Cambodia. Domestic violence law is weak, the authorities continue to avoid involvement in domestic disputes, and the victims are frequently reluctant to pursue formal complaints. Most rapes are settled through monetary compensation.

Questions:

1. Why is there no national legislation with institutional to implement laws that protect the basic dignity of women from violence that currently permeates Cambodia?

Recommendations:

1. Cambodia immediately amend, implement and draft new laws in accordance with the CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) principles.
2. Cambodia immediately set up centers for victims and rehabilitation of offenders; provide specific counseling and medical services for victims of rape.

LAND RIGHTS:

Following the 1979 invasion of Cambodia by the Vietnamese armed forces, violations of the rights of the Khmer people took place through deprivation of their land, leaving them in poverty, lack of education, insecurity, fear, injustice, a climate of impunity and lack of health care, i.e., depriving them from a sane future.

The Government of Cambodia, issued from the Cambodian People Party (CPP) which was installed by the occupying Vietnamese force, promotes the Vietnamese interests against those of Cambodians, such as: moving border boundaries, providing large land concessions lasting between 77 to 99 years to Vietnamese companies and individuals, assistance for the installation of Vietnamese immigrants in Cambodia by providing them with land and employment.

Issues:

The emerging dominance of Vietnamese
Independent observers indicated that there are, currently, between 4 and 5 million Vietnamese immigrants in Cambodia. The number of the Vietnamese settlers at Chba Ampeou, Meanchey district in Phnom Penh, and Chhnok Tru in the province of Kampong Chhnang provides a basis for the assessment on the actual number of Vietnamese immigrants in Cambodia. Furthermore, most of these immigrants hold documents that are recognized by the Cambodian authorities. The main issue is not freedom of movement but the prioritization of resources for the recent arrivals while the conditions for the original citizens continue to persistently worsen.

These Vietnamese immigrants come to set up and take refuge in Cambodia under the protection of the great Vietnamese Association in Phnom Penh and its branches in 19 cities and provinces in Cambodia. These associations receive the official permit issued in a letter by the Ministry of Interior No. 392, dated April 24, 2003, and signed by the then-co-Ministers of Interior Sar Kheng and You Hock Kry, a copy of which was also sent to inform the Cambodian Council of Ministers.

"The Association of Overseas Vietnamese in Cambodia has become a (de-facto) center for their members, especially when they are in need. In addition to providing relief to people in difficult circumstances ...", the Vietnamese Association President Van Chau (1) stated.

"Its members have come and live in Cambodia years ago, and have Cambodian nationality and others are legal immigrants ", as indicated by an official of the ADHOC organization.
The mass of Vietnamese immigration in Cambodia (currently making up 33% of the total Cambodian population) has resulted in all form of violations, in all domains of rights of the Khmer people, such as: displacement of Khmer people, disturbance of land tenure and deterioration of Khmer national border, making Khmer people poorer. Key Cambodian economic sectors, such as energy, telecommunications, the Internet and tourism are all controlled by Vietnamese interests. These economic controls especially encourage mass immigration of Vietnamese to Cambodia.

Questions:

1. What is the importance of this Vietnamese Association in Cambodia for its recognition to be signed by the Co-Ministers of the Interior and reported to the Council of Ministers?
2. What is the role of this Vietnamese Association with respect to local Cambodian authorities, in particular, when the Vietnamese immigrants are in need or face "difficult circumstances”?
3. For Vietnamese who have obtained Cambodian nationality, when they are in need or face “difficult circumstances”, why don't they use the services provided by the Cambodian authorities rather than the ones provided by this Vietnamese Association? Do these Vietnamese immigrants have special rights with respect to the Cambodian people ?
4. Why did the Cambodian government grant large land concessions with a very long term duration (70-99 years) to Vietnamese companies and individuals, in full violation of Cambodian laws, without consulting with the Cambodian National Assembly?

Recommendations:

1. The Cambodian government must clarify the status of this Vietnamese Association, and it must also publish this clarification to inform public.
2. The Cambodian government must ensure that all Cambodians and members of this Vietnamese Association receive same and equal rights in Cambodia.
3. The Cambodian government must respect the constitution and the laws of Cambodia, especially in regards to the granting of concessions for the exploitation of Cambodia’s resources.

CULTURE OF IMPUNITY:

The Penal Code law has been in the draft for the past fourteen years, but it fails to earn the approval of the Cambodian National Assembly. Due to rampant corruption, impunity is widespread from top to bottom, for example, land-grabbing from ordinary people is a crime that is never pursued while torture and executions frequently go unpunished. Subsequently, the rule of law repeatedly fails to deal with violent crimes. Due to government inefficiency, the rule of law is hardly reinforced, and this situation encourages criminals to commit even more crimes.

Issues:

1. Corruption
The anti-corruption law has yet to be adopted. It had been designated by international donor communities as a top priority for Cambodia. In May of 2008, a coalition of more than 40 Cambodian NGOs submitted a petition on behalf of more than one million Cambodians who affixed their signatures and fingerprints calling on the National Assembly to pass this anti-corruption legislation and take other measures to tackle corruption.
The lack of an anti-corruption law contributes to the lack of confidence by the public on the state institutions.

2. Systematic Violations from Extrajudicial Killings to Arrests of Human Rights Defenders
Impunity, inadequate rule of law and serious shortcomings in the court system continue to cause a systemic lack of protection for human rights. Corruption and political interference in the police and judiciary are the major obstacles to the rule of law in Cambodia. In the past four years, the government has continued to use the courts to restrict freedom of expression and to silence outspoken civil society leaders.

Questions:

1. Why the Cambodian legislative, executive and judiciary branches are not independent from one another, in stark contrast to the stipulations of the Cambodian constitution (Title IV of the political regime, Article 51)?
2. Why the Cambodian government uses the Constitution to serve the interests of those in power only?
3. How can the Cambodian government establish the rule of law in the absence of a Penal Code and an anti-corruption law, unless the government intentionally steers the country toward corruption and anarchy?

Recommendations

1. The Cambodian government should restore and respect the Rights of its citizens. All powers belong to the citizens who should exercise their powers through the National Assembly, the Government and the Judiciary issued from free, fair and just elections (Constitution of Cambodia Title IV of the political system, Article 51).
2. Cambodia must adopt the anti-corruption law immediately with a national plan to implement this important law to create a new culture of good governance and accountability.

WARNING SIGNS OF PERPETUAL CULTURAL GENOCIDE – A CONTINUATION OF CRUELTY:

Lack of integrity and independence in the judiciary system is the core problem in Cambodia. As a result, the human rights are repeatedly violated. Forced evictions of the population from their land create further despair and poverty, as these people only eke out to survive. They are not only deprived of their belongings, but they are also systematically spiraled down into a circle of hopelessness, helplessness, and deplorable conditions.

Issues:

At issue in Cambodia is the prevention of the reoccurrence of genocide. Among the eight stages of genocide, the final stage is denial. During this stage, perpetrators remain at large or even in power, they attempt to cover up any signs of genocide and deny it ever occurred. Investigation attempts are blocked or delayed. When no one holds the perpetrators accountable for their actions and they successfully deny their participation in the genocide, another round of genocide may well occur. Many of these criteria for the final stage of denial of genocide exist in Cambodia today.

Again after 1979, a second period of this genocide took place between September 1984 and late 1986. Estimates suggest that, at least, one million people at least participated in the “K5” plan. Mr. Hun Sen, the current prime minister of Cambodia, participated in the Khmer Rouge genocide under Pol Pot's reign as a military commander in the eastern zone. Mr. Hun Sen, as Secretary-general of the Cambodian Communist party during the Vietnamese occupation of Cambodia from 1984-1989, was responsible for the deaths of "tens of thousands of victims." According to witnesses, Mr. Hun Sen played a major role in implementing the K5 Plan during the Vietnamese occupation. Described as a "new genocide," Cambodian men, women and adolescents, aged between 17 and 45 years, were forced into labor brigades to build an "Bamboo Wall" along the Thai border, where they died by the "tens of thousands" due to starvation, exhaustion, disease and land mine blasts. With no training and no tools, they were forced into the fields and forests to clear mines, and more often than not, they were blown into pieces when they stepped on mines. Their stories tell us that they received similar treatment to those who lived through the 1975-1979 period under the Khmer Rouge regime when new landmines were put to use (2).

The systemic lack of protection for human rights in Cambodia is a consequence of impunity, and the absence of the rule of law seriously stunts legal and judicial reform. The government continues to demonstrate its unwillingness to seriously address human rights.

The 1991 Paris Peace Accords recommended the establishment of a Special Representative, whose mandate includes protecting and promoting human rights. Until the Cambodian government implements concrete reforms needed to establish an independent judiciary and other independent institutions to provide checks and balances on the government, it is crucial that the Special Representative’s mandate be continued. To end or reduce the Special Representative’s mandated reporting function will deprive Cambodians from the international oversight that is essential to achieve the effective promotion and fulfillment of the human rights to which they aspire and deserve. For this reason, KMS wishes to bring to the attention of the world the warning signs that the Cambodian genocide may re-occur again. KMS is using this opportunity to make serious recommendations to confront the situation of the final stage of genocide.

The fact that the Cambodian government allows the flow of Vietnamese immigrants and the settlement of Vietnamese soldiers, including their military bases, on concession lands along the border constitutes an act of invasion of the country, in full violation of the Khmer people's right to live in security, and depriving them of land, employment and food. Thus under this insecure society, the only Khmer people are victimized. They are further led into a vicious circle of sinking hopelessness, helplessness, and despair. The whole Khmer society is in total chaos and plunges inevitably toward anarchy, poverty, disobedience, social insecurity, instability and a potential out-of-control violence. This means that fear, poverty, poor health is a threat to the future of the Khmer people, the sovereign people of the Khmer land. This status quo equates to the destruction of Khmer people on the sly in the medium to long term range, i.e. "the government of Cambodia would have intentionally put the Khmer people to conditions of life calculated to bring about its physical destruction in whole or in part" (Article II-c of the Convention on the Prevention and Punishment Crime of Genocide). If the world chooses to wait for full evidences to take action, the imminent disaster would have already struck Cambodia. The policy of genocide is just another disguised form and a continuation of the genocide that began in 1975 and that was extended beyond 1979 by the same perpetrators.

The Cambodian people still require assistance from the outside world to confront the fact that former Khmer Rouge leaders are still in control of power in the current Cambodian government. In fact, it is this same group of former Khmer Rouge leaders who deny their participation in the genocide and have threatened Khmer people in order to prevent the prosecution and trial of additional Khmer Rouge leaders.

The Extraordinary Chambers in the Courts of Cambodia (ECCC)
Since there is little political will on the part of the government leaders to try additional former members of the Khmer Rouge regime who are responsible for the deaths of over 2 millions Cambodians, KMS feels that the ECCC could not provide full justice. Mr. Hun Sen, himself a former Khmer Rouge officer, has been accused of interfering with the trial and trying to protect many former rebels, some of whom are now members of his government. The majority status of the Cambodian judges and significant powers invested in the Cambodian prosecutor increase the influence of the government will to exert its influence over the ECCC. The ECCC is under constant obstructions and threats from the rulers, this process will undoubtedly lead to outcomes not based on the laws and evidence, but rather based on a “politically pre-arranged script”.

Questions

1. Was the October 23, 1991 Paris Peace Agreement on Cambodia respected by Cambodia?
2. There were two groups of Khmer Rouge (Pol Pot’s group and Khmer Viet Minh’s group) who are in charge of the whole country and who led to the deaths of about 2 million Cambodians throughout the country. Why did the ECCC choose to prosecute only members of the Pol Pot’s group but not members of the Khmer Viet Minh’s group (i.e., the former Khmer Rouge leaders who still hold power in the current government)?
3. What is the reason that makes Prime Minister Hun Sen think that peace is being threatened with the prosecutions of additional Khmer Rouge leaders? (In his own words, Prime Minister Hun Sen said that such a move would lead to widespread violence: "I would like to tell you that if you prosecute [more leaders] without thinking beforehand about national reconciliation and peace, and if war breaks out again and kills 200,000 or 300,000 people, who will be responsible?")
4. Was this threat to violence made in response to the investigation of additional Khmer Rouge leaders?
5. Could the current denial of genocide by the government be so strong that it could lead to another deadly round of genocide in the near future?

Recommendations:

1. The Cambodian government must fully commit itself to and comply with the October 23, 1991 Paris Peace Agreement on Cambodia.
2. The Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the period of Democratic Kampuchea must prosecute other individuals who were involved in the Killing Fields of Cambodia. The decisions should be made independently from any political influence.
3. To ensure the safety of witnesses, confidential information provided to the court should be protected.
4. Pursue a Truth and Reconciliation Commission rooted in the cultural practices of the Cambodia people.

KHMER M'CHAS SROK (KMS)
--------
(1) AVN
(2) See Marie Alexandrine Martin's "Cambodia, a new colony for exploitation;" Indochina Report‐‐"The military occupation of Kampuchea;" Philippe Pacquet's "Nouveau Genocide;" and Esmeralda Luciolli's "Le Mur de Bambou‐Le Cambodge apres Pol Pot"