U.S. Supports Cambodia Tribunal [-The US still dreams of clean ECCC]

25 September 2008
VOA Editorials

The following is an editorial reflecting the views of the US Government

Click here to listen to the audio program in Khmer

The United States Department of State has announced that it intends to work with Congress to provide $1.8 million to Cambodia's cash-strapped Khmer Rouge war crimes court. If approved, it would be the first U.S. donation to the U.N.-backed genocide tribunal aimed at trying regime leaders. The court faces a shortfall of $40 million. Foreign donors have been reluctant to provide additional funds due to the allegations of graft and corruption by the court.

U.S. State Department spokesman Sean McCormack says the Cambodian tribunal has taken important steps to clean up corruption:

"While the court still has more to do, the ECCC [Extraordinary Chambers in the Courts of Cambodia] has made significant strides to overcome international concerns about corruption, mismanagement, and political influence, including adding a new international deputy administrator, strengthening management practices, and establishing procedures to deal with allegations of wrongdoing."

"Nonetheless," said Mr. McCormack, "the court must still take appropriate steps to address the current allegations and hold responsible those involved."

Much is at stake for the Cambodian people. The war crimes court is a means of long-delayed justice for those who suffered under the Khmer Rouge government. The regime was responsible for the deaths of more than 1,700,000 Cambodians from torture, executions, starvation, and forced labor between 1975 and 1979.

The United States strongly supports bringing to justice senior leaders responsible for the atrocities committed under the Communist Khmer Rouge regime.

Virtually all of Cambodia's 13 million people have relatives who perished under the Khmer Rouge. In order for the country to move forward, it is vital that Khmer Rouge leaders be held accountable for their crimes. Respect for the rule of law and the existence of institutions of justice are Cambodia's best defense against future abuses and a fitting memorial to those who lost their lives or loved ones to the Khmer Rouge.

U.N. Pleased by New U.S. Support for Khmer Rouge Tribunal

By Poch Reasey, VOA Khmer
Washington
19 September 2008

Editor's Note: The Office of the Spokesman of the U.N. Secretary General on Friday sent by email the following reply to questions from VOA Khmer about this week's announcement regarding new U.S. support for the U.N. side of the Khmer Rouge Tribunal:

We are obviously very pleased with the decision of the United States to provide funds the ECCC (Extraordinary Chambers for the Cambodia Courts).

The US played a key role in the formation of the ECCC and has been an interested and active supporter of our work since the court offices first opened.

Coming forward now with these funds shows that they remain committed to seeing the mandate of the ECCC successfully completed.

The funds will obviously extend the working capital for the UN side of the court for some time, but more importantly we hope this will signal the first of many such announcements from the donor community.

It clearly shows that the hard work put in by the staff of the ECCC and by Mr. David Tolbert in revising and presenting the budget to the donor community has been successful.

Tribunal 'Capable' of Tackling Corruption: US [... it's like entrusting the care of a sheep to wolf!]

By Sok Khemara, VOA Khmer
Original report from Washington
18 September 2008

Click here to listen to the Khmer audio program

In handing over an initial contribution of $1.8 million to the Khmer Rouge tribunal, the US expects the courts to handle corruption issues, a State Department spokesman said Tuesday.

"We believe that the court is now capable of meeting international standards of justice, and our decision at this time to identify funds reflects our belief that the court has the capacity to respond effectively and appropriately to these allegations," the spokesman, Sean McCormack, said.

The tribunal, which has five former Khmer Rouge leaders in custody and is on the verge of its first trial, for Tuol Sleng prison chief Duch, has been undermined by allegations of corruption. In June, Cambodian staff complained they were asked to make kickbacks to their superiors, an allegation that was followed by a freeze in funds from some donors.

However, McCormick said the US funding, announced earlier this week in Phnom Penh by visiting US Deputy Secretary of State John Negroponte, was a nod toward tribunal efforts to tackle corruption and mismanagement.

The tribunal has added an international deputy administrator and established an investigation team to handle the allegations.

Tribunal spokesman Reach Sambath said the US pledge was a significant political signal, even if the amount was small.

Tribunal officials have said they need around $50 million added to their budget in order to continue operations through 2009, with $40 million of that going to the UN's side of the hybrid courts.

"Even though the monetary support through the Deputy Secretary of State is not much, we can say that less is better than nothing and slow is better than not giving, or coming, at all," he said.

The tribunal remains committed to preventing corruption, he said, including the appointment of a monitoring official and the transfer of some officials from the personnel office.

Negroponte said Tuesday the $1.8 million only signaled an initial contribution, and more could follow.

Press Conference by Deputy Secretary Negroponte in Phnom Penh, Cambodia

John D. Negroponte, Deputy Secretary of State
Phnom Penh, Cambodia
September 16, 2008

QUESTION: When you talk about the 1.8 million in funding to the KRT, will it be contributed directly to the UN side or the Cambodian side – this is the first question. Secondly during you talk with the Prime Minister Hun Sen, did he ask for UN intervention on the issue of the border problem with Thailand.

DEPUTY SECRETARY NEGROPONTE: On the first question subject to correction by the Chargé d’affaires I believe that the contribution will be made to the UN side – the 1.8 million and I would stress again that this is an initial contribution and I think the important point about the contribution is that it represents a threshold contribution by the United States to provide material support to the tribunal.

Your second question I believe related to the dispute with Thailand over the temple, and what I would like to say here is that we think that this is a dispute a difference that should be resolved peacefully between Thailand and Cambodia and that it should be preferably resolved bilaterally between the two countries. We think that is the most effective way of dealing with this problem, and we think that it is important that the use of force or coercion be avoided at all costs because that would risk undermining some of the great progress that has been achieved in this region in terms of peaceful economic development.

QUESTION: Good morning Deputy Secretary – my name is Douglas from the Cambodia Daily and I’ll try and be brief. I have two questions regarding the Khmer Rouge tribunal. One was that as you well know there has been a congressional ban on funding the tribunal pending a finding by the State Department that the Cambodian judiciary is free and fair and that the court meets international standards. If you could tell us about that review – whether or not it has been completed.

DEPUTY SECRETARY NEGROPONTE: Let me first say that my understanding is that that ban no long exists – it expired about two years ago. That would be the fist point – the second is that I think I’ll ask the Embassy to put out a fact sheet about the tribunal so that some of the details that I may not have complete mastery of can be made clear but I think what my point that I would make is that we believe that the conditions are both appropriate and opportune to make this contribution and we have been talking to our congress and those who are interested in the tribunal and I think there is generally a consensus that this is a good time to move forward in support of the tribunal.

QUESTION: Just quickly my second question concerned the fact that the funding for the court would soon expire this would appear to be one moment where donors have the greatest leverage to request changes in the court. Could you tell us how the US feels about the possible investigation of corruption claims in the court and any changes that need to be made?

DEPUTY SECRETARY NEGROPONTE: Well as I mentioned in my prepared statement we think it is important that the court be managed properly and we will certainly spare no effort on our part to ensure that not only our resources but the resources of the international community as a whole are put to good use and this is certainly one of the themes that we will be emphasizing with those concerned. There have been some issues about the management of the court but they have not risen to the level where we felt that it justified withholding any contribution to the court. We think it is a good time to go ahead, we’ll have as a result of that a voice along with the other donors and certainly when we see issues and problems we’re going to be sure that they are called to the attention of the right people.

QUESTION: Ker Munthit from AP – can you elaborate a little bit whether there will be conditions or a mechanism that the US will attach to the contribution to make sure that the money…

DEPUTY SECRETARY NEGROPONTE: I think I said - at the risk of being repetitive I really believe that I’ve said all that I can say. If you want further background from the Charge d’affaires or the Embassy I would refer you to them after the press conference.

Question: Good morning to you sir – I am Madra from Reuters – sir you said Washington is going to fund 1.8 million for this year – will the US look to further contribute to the tribunal in the future?

DEPUTY SECRETARY NEGROPONTE: Yes – I think that is our hope, it definitely is in our planning and we have included a proposal in the budget for future years that calls for continued contributions to be made to the court. That of course will require, any budget in any system requires the approval of the legislature but that is certainly the position of the executive branch so we’ll make this initial contribution but in future fiscal years we hope to be able to continue to make a contribution and hopefully even increase the size.

QUESTION: Hello sir – another quick question. Why the US want to give funds to the KRT now, why not before.

DEPUTY SECRETARY NEGROPONTE: Well I mean I think one of the reasons that was mentioned is there had been reservations in the past on the part of our Congress but I think the point to make here is first of all we have decided to go forward, and secondly I think that like many other people we think it is important that this tribunal be able to carry out its work and succeed. There have been a number of people arrested now who are awaiting trial. There is a trial that is about to take place perhaps as early as November. I had the opportunity to meet a Canadian prosecutor. So this seems to be a distinctly opportune moment to make an announcement about our contribution but I think the main thing is that we want to help this tribunal succeed, and we think it definitely has the chance to succeed.

QUESTION: Just today you met the opposition leader and what did you talk about with them and what about the compromise between the opposition leaders and Hun Sen’s government

DEPUTY SECRETARY NEGROPONTE: Well I think it would probably not be very prudent of me to comment in any detail about questions that have to do with the relationship between the government and the opposition I did have a opportunity to meet with a couple of opposition leaders, those who had members elected to the national assembly and in the election that took place in July I also had a chance to meet with members of civic society both here and when I was up in Siem Riep. I think the point that I would make is that in July Cambodia had it’s fourth national election since 1993. You’ve had elections for a national assembly in 93, 98, 2003 and now in 2008 and this for a county that emerged from such difficult circumstances this is a very positive track record a very positive development and each of these elections have been progressively less violent and have been carried out under better and better conditions so we welcome that and we think that that bodes well it augers well for the future of Cambodian democracy.

QUESTION: Did you advise them to go to the swearing in ceremony in the palace?

DEPUTY SECRETARY NEGROPONTE: Look – I didn’t offer any particular advice frankly. I listened more than I gave advice. I haven’t been to Cambodia in many many years and for me this was an opportunity to listen and learn about what is happening here and certainly it is not for me to give advice, specific tactical advice to the political actors here. We certainly favor democracy, we favor human rights, we support elections and we want them to be fair and free but I think that our concerns and the kind of advice we give is at a more general level than what is being suggested by your question.

QUESTION: Good morning, my name is (inaudible) – I would like to ask you could you please tell us about FBI progress in the investigation of the journalist’s killing in July, Mr. Kim Sambo from Monesekar Khmer?

DEPUTY SECRETARY NEGROPONTE: Right – I’m aware of the fact that the FBI is cooperating with the Cambodian authorities in investigating this killing, and I think that is a positive thing I think it is a welcome development and we want to be as helpful as we can but I happen not to know what progress is being made and normally as you can appreciate even if I was aware of some of the details we would probably not reveal them at this stage because investigative matters are usually kept confidential until they are ready until the investigators or the investigative authority is prepared to make its findings public, so even if I did know any of the details it would not be appropriate for me to reveal them publicly. I think perhaps I’ll take one more question.

QUESTION: I’m from the Phnom Penh Post – for military relations between the US and Cambodian government – what further developments can we expect, and can we expect the US to provide lethal material to Cambodia.

DEPUTY SECRETARY NEGROPONTE: I think that the focus of our effort is in such areas as peacekeeping, support for peacekeeping efforts and we welcome Cambodia’s role in that, especially as I said in my statement they have been the beneficiaries of peacekeepers in the past, and they have peacekeepers in the Sudan. Demining efforts, perhaps some officer training in exchanges, so it’s that kind of focus that we have at this particular time. Another would be ship visits, visits by some of our naval vessels, we’ve had several in the past year and we can imagine, we can visualize those continuing and perhaps increasing but those would be the kind of areas in which we contemplate a military cooperation between the two countries. I want to thank you for this opportunity – ok – one last question.

QUESTION: Just would like to know will the White House invite Prime Minister Hun Sen. Is there any plan for that to happen?

DEPUTY SECRETARY NEGROPONTE: Well I’m not aware of any such plan and at the moment as you know we’re in the final stages of our own electoral campaign between now and the 4th of November and we will have a new administration in January so I would think that any possible meetings at that level and in Washington would probably have to wait till the next administration although I wouldn’t rule out the possibility that our leaders might meet one way or another during the course of some of the international meetings that are taking place between now and the end of this year.

Thanks you very much.

Released on September 16, 2008

US Offers $1.8 Million in Tribunal Funding

US Deputy Secretary of State John Negroponte tours Tuol Sleng prison Tuesday with Youk Chhang, director of the Documentation Center of Cambodia.

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
16 September 2008

Click here to listen to the Khmer audio program

The US is ready to commit $1.8 million to the UN side of the Khmer Rouge tribunal, a top US official said Tuesday, but he warned that the courts will have to continue to tackle corruption issues that have plagued them from the beginning.

The money would be US's first direct contribution to the tribunal, and the announcement came after a day of talks between the Cambodian government and US Deputy Secretary of State John Negroponte, who holds the second-highest position in the State Department.

"We expect to be active among donors to the tribunal to ensure that it continues to improve its management and address the issue of corruption," Negroponte said, adding that the US would have a voice in the proceedings and would "spare no effort" to ensure money was spent properly.

The US played an active role in the negotiating the hybrid tribunal with Cambodia and the United Nations, but officials had said until Tuesday they would not fund a substandard tribunal.

The tribunal has detained five former leaders of the Khmer Rouge regime, and is set for the first trial of any leader in 30 years, Tuol Sleng prison chief Duch.

But the tribunal has been hounded by allegations of mismanagement and corruption, and the Cambodian side has seen at least $300,000 in donor funding frozen, following fresh allegations of kickbacks in June.

Negroponte acknowledged there had been mismanagement in the courts, "but not to the level that justified withholding any contribution."

"I think there's generally a consensus that this is a good time to move forward," he said.

Tribunal spokesman Reach Sambath welcomed the US contribution, saying that a US donation to the UN side will be the second from international donors, following a $750,000 contribution from the French earlier this year.

The tribunal needs $50 million added to its entire budget by the end of 2009 to continue its operations. Of that, the Cambodian side will need $10 million.

Cambodia: US Pledges US$1.8 Million For Cambodian Tribunal

2008-09-16
By KER MUNTHIT AP

PHNOM PENH, CAMBODIA: The United States will give US$1.8 million to Cambodia's genocide tribunal to aid its work in trying former Khmer Rouge leaders for their alleged crimes against humanity, a top U.S. official said Tuesday (16 Sept).

Deputy Secretary of State John Negroponte said the U.S. government believes "the conditions are both appropriate and opportune to make this contribution."

The U.N.-assisted tribunal has detained five former Khmer Rouge leaders on charges of crimes against humanity and war crimes. The trial of the first suspect is planned for later this year.

"We want to help this tribunal succeed, and we think it definitely has a chance to succeed," Negroponte said at a press conference at the end of a three-day visit to Cambodia.

The money will be given to the tribunal's U.N. side, which is staffed by international personnel. The tribunal, which is seeking justice for atrocities committed in the 1970s under the Khmer Rouge's rule, is jointly run by Cambodian and U.N. officials under a pact both sides signed in 2003.

The radical policies of the ultra-communist Cambodian group, which ruled from 1975 to 1979, caused the death of some 1.9 million people from starvation, diseases, overwork and execution.

Negroponte also toured the S-21 prison, the largest Khmer Rouge torture center in Cambodia's capital, Phnom Penh, to see what he called "a reminder of the holocaust."

It is now known as Tuol Sleng Genocide Museum, and holds exhibits of prisoner's mug shots, skulls, and other traces of the crimes committed during the Khmer Rouge's brutal rule.

"It's a very moving experience to see this museum, to see the reminiscence of the holocaust," Negroponte told The Associated Press after touring the museum early Tuesday morning.

He said the site is "a reminder of the holocaust that took place, and I think it's important to document it."

Up to 16,000 men, women and children were held at the prison before being taken out for execution before the Khmer Rouge's regime was ousted from power by a Vietnam-led invasion in 1979.

From a vocal critics to a praiser of good relations with the Hun Sen regime: Washington's domino-theory revival?

US to help fund Cambodia's Khmer Rouge trial

September 16, 2008
ABC Radio Australia

The United States is to make its first donation to Cambodia's UN-backed Khmer Rouge genocide tribunal.

Prime Minister Hun Sen says the US deputy secretary of state John Negroponte informed him of the donation when they met on Monday.

The pair have been discussing ways of improving relations between their countries.

Hun Sen says the donation will be officially declared today.

The cash-strapped Khmer Rouge court is expected to begin trials in October.

Five top Khmer Rouge leaders are facing charges before the tribunal for crimes committed by the regime.

The US embassy says the United States will also provide $US24 million to fund economic growth projects in Cambodia.

The US recently lifted a decade-old ban on direct funding to Cambodia's government and re-established military ties between the countries, with the promise oflimited military aid.

Since then, at least three senior US military commanders have visited Cambodia.

Mr Negroponte's visit, which comes amid rising concern over China's influence in the region, reverses Washington's restrictive funding policies put in place after Hun Sen seized total control of the government in a 1997 coup.

Hun Sen says that bilateral relations had improved markedly.

"I can say that we never have enjoyed such good relations as we have now and at the same time we have looked into other things that we are able to improve," he said.

Washington has been one of the Cambodian government's most vocal critics in a number of areas, including corruption and human rights abuses.

But the US has praised Cambodia for its anti-terrorism efforts following the September 11, 2001 attacks in New York and Washington.

US Could Announce Tribunal Funds: Hun Sen

Cambodian Prime Minister Hun Sen(R) shakes hands with US Deputy Secretary of State John D. Negroponte in Phnom Penh as the US is aiming to improve relations with Cambodia. (AFP/Tang Chhin Sothy)

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
15 September 2008

Click here to listen to Khmer audio by Heng Reaksmey
Click here to listen to Khmer audio by Vong Dara

The US could declare additional funding for the cash-strapped Khmer Rouge tribunal as early as Tuesday, Prime Minister Hun Sen said Monday, following talks with US State Department Deputy Secretary of State John Negroponte.

"Tomorrow, you will know," Hun Sen told reporters Monday night. "Maybe [Negoroponte] will declare the amount of the donation to the Khmer Rouge tribunal."

Hun Sen declined to say what amount the US would pledge, and a US Embassy spokesman would not confirm an aid pledge.

A potential announcement of US funding comes amid mounting financial pressure on the hybrid Cambodian-UN tribunal, where the Cambodian side has had much of its funding frozen by donors in the wake of corruption allegations.

US officials have said they will not fund a tribunal that does not meet international standards, and the tribunal has taken some measures to investigate allegations of corruption.

No allegations have been proven, but a 2007 UNDP audit found mismanagement and questionable hiring practices on the Cambodian side.

Tribunal officials say they will need around $50 million, with $40 million coming from donors and $10 million from Cambodia, before the end of 2009.

Negroponte, who is one of the highest-ranking State Department to visit post-war Cambodia, signed a $24 million agricultural deal with Hun Sen Monday night, following a brief trip to the temples of Angkor Wat Sunday and talks with opposition leaders Sam Rainsy and Kem Sokha Monday.

His visit was the mark of a strengthening relationship between the two countries that has meant the resumption of direct US aid.

The talks were "a positive process from the US government," Hun Sen said. "Now we can say it is time for the pregnant elephant to give birth."

Negroponte is expected to address the media before he leaves Tuesday morning.

2nd early X'mas gift by the US to Hun Sen

US will help fund Khmer Rouge trial, says Cambodian prime minister

Mon, 15 Sep 2008
DPA

Phnom Penh - A jubilant Cambodian Prime Minister Hun Sen told reporters Monday that he had received a firm undertaking from visiting US Deputy Secretary of State John Negraponte that the US had agreed to fund a trial of former Khmer Rouge leaders. The announcement ended the first full day of high-level meetings between Negraponte and Cambodian government officials.

"This official visit has strengthened bilateral relations ... I have been informed by the US government that it has agreed to provide assistance to the trial of former Khmer Rouge leaders, but the amount it has pledged will be revealed tomorrow," Hun Sen said.

"This agreement to fund is like the pregnancy of an elephant," Hun Sen joked, referring to the two-year gestation period of the pachyderm. "The elephant is pregnant so long, when it finally gives birth, you hope it will be a very good baby elephant."

Ongoing corruption allegations surrounding the joint UN-Cambodian Extraordinary Chambers in the Courts of Cambodia, currently holding five former leaders on human rights abuses and war crimes charges, had previously been cited as hurdles to funding by the US.

Negroponte did not speak after the meeting at the Foreign Ministry which also featured the signing over by the US of 24 million dollars in bilateral aid for economic projects in Cambodia, but he is scheduled to give a detailed press conference at the US embassy Tuesday before departing Cambodia.

The Khmer Rouge trial to bring former leaders of the 1975-79 regime to justice announced earlier this year that delays and complications had left it in serious need of funding if it was to complete hearings against an undetermined number of accused.

Up to 2 million Cambodians died during the regime.