Newsletter:
Cambodia in review
A publication of the Royal Embassy of
Cambodia to the United States
October 1998
Vol. III No 31
As a Representative of the Royal Government and the people of Cambodia to the United States of America, I would like to express my deep frustration over the passage of House Resolution 533, which was authored by Representative Dana Rohrabacher.
The House Resolution 533 does not reflect the efforts that have been made by other foreign countries to unite Cambodians but further divide Cambodians in the interests of individual and party rather than the interest of all Cambodian people. The author of this Resolution did not seriously and carefully study the events in Cambodia and he jumped to a dangerous conclusion. Even the United States Department of State distanced itself from this flawed Resolution ( US Embassy Statement on October 8, 1998 in Phnom Penh ). Furthermore, many scholars and researchers considered "the so-called culpability of Hun Sen for war crimes" as irresponsible and baseless (Phnom Penh Post, Oct. 2-15, 1998).
Most of the Cambodian people living in Cambodia are aware that Samdech Hun Sen has been a committed fighter against the Khmer Rouge until its collapse in middle of this year. The last dangerous scheme of the Khmer Rouge to take power was in July 1997 through the Funcinpec party failed. The Khmer Rouge document published in Phnom Penh Post on May 22, 1998 confirmed the tangible evidence that the Khmer Rouge was using Funcinpec party to return to power. If the Khmer Rouge scheme had been successful who would have been the victim? Rohrabacher or Cambodian people? The Cambodian people will not risk their lives again as in 1975 when the Cambodian people were left in the lurch.
It is public knowledge that the current and common trend of the international community is to bring the Pot Pot leadership to trial for their crimes of genocide committed from 1975 to 1978 when they were in power. In 1997, the Royal Government of Cambodia with Samdech Hun Sen as Second Prime Minister, took the initiative to address two formal requests to H. E. Mr. Kofi Annan, United Nations Secretary General and to President Bill Clinton for their help in setting up an international tribunal to bring the Khmer Rouge leadership to justice. Based on the strong commitment of the international community to this end, I firmly believe that Congressman Dana Rohrabacher's efforts to divert the attention of the international community will not be successful and that the resolution is baseless and insignificant.
The international community including ASEAN countries, European Union, Japan, Australia, France and others have recognized that the July 26 elections in Cambodia were free and fair, representing the will of the Cambodian people. In this sense, the author of the Resolution should encourage the Cambodian parties to work together instead of dividing them for ulterior motives, thus obstructing the formation of the new Royal Government of Cambodia. The action of Rohrabacher has contributed significantly to the division among Cambodian political parties and Cambodian people, the slowdown of the peace process and the reconstruction and development in Cambodia.
Everybody knows that Representative Rorhrabacher is a staunch supporter of Sam Rainsy. Therefore, it is not surprising that he drafted a Resolution that is seriously critical of Samdech Hun Sen in an attempt to save Sam Rainsy's face from his defeat in the July 1998 elections. I would like to stress that to serve individual interests is against the principles of democracy and affects the normal lives of the Cambodian people living in the country.
The Cambodian people will never forget that Samdech Hun Sen saved them from the Khmer Rouge period and that it was the Hun Sen government that initiated the openness policy that led to the signing of the Paris Peace Agreement on October 23, 1991 and the historic elections in 1993. The election in July 1998 is testimony to the nascent democracy in Cambodia. The success is because the Hun Sen government is always at the center of every negotiation for peace and national reconciliation. In order to solve the current deadlock in Cambodia, he has further appealed to all Cambodian parties elected by the people to peacefully address their problem in the National Assembly.
Finally, I would like to emphasize that the Cambodian people are proud to fully exercise their rights to vote for the party of their choice and to have Samdech Hun Sen elected in the second term as Prime Minister. The attempt to divert the people's determination will not succeed and will not enjoy the support of the Cambodian people and international community.
Washington, DC, October 12, 1998
Var Huoth
Ambassador
US Position Towards House Resolution 533
On October 8, 1998, the US Embassy in Cambodia issued a Statement to the effect that the Resolution 533 is simply an opinion of the House of Representatives and is not binding on the Administration. The whole content of the Statement is as follows:
The State Department strongly supports and has called for investigations of the serious human rights violations, including politically motivated killings that have occurred and continue to occur in Cambodia. Those identified as responsible should be brought to justice.
In support of this goal, we have provided funding to the UN Center for Human Rights in Cambodia, which is effectively investigating and documenting human rights crimes and abuses.
The State Department shares the objectives of holding accountable all gross violators of human rights. That goal has motivated our efforts to establish international tribunals to bring to justice those most culpable for the planning and execution of the crimes against humanity of the 1975-1979 period.
U.S. policy does not support the establishment of a tribunal for the purpose of investigating allegations of human rights violations and other crimes focused only on a single individual, as called for in the House Resolution 533.
If passed, this Resolution, like the numerous other resolutions passed by the House and Senate, does not have the force of law and is not binding on the Administration. It reflects, in this case, the opinion of the House of Representatives.
Public Opinion on the Resolution 533
The fortnightly Phnom Penh Post in Cambodia dated October 2-15, 1998 wrote an article titled "Irresponsible" and "baseless" anti-Hun Seen campaign hits US Congress. The article quoted human rights lawyer Brad Adams as condemning Rohrabacher's resolution as extremely irresponsible and dangerous to the interests of establishing a tribunal [for the trial of the Khmer Rouge leadership limited to the period of 1975-79].
"Cambodian scholars, investigators and journalists have so far failed to uncover any evidence to implicate Hun Sen for crimes committed under the DK regime, or to justify bringing him to an international tribunal," continued the Post. "Historical records shows that Hun Sen was one of the first to defy orders of the Pol Pot regime."
In an "Open Letter to the US Congress" two academics specializing in Cambodia, Craig Etcheson and Steve Heder, responded to Rohrabacher's accusations: 'Calls to indict Hun Sen of Cambodia for genocide, war crimes and crimes against humanity have no basis in fact or law.' Both academics also stress that no credible evidence exists to support a charge that Hun Sen was implicated in such crimes during the years the communist Party of Cambodia (the Khmer Rouge) ruled what it called Democratic Kampuchea from 1975 to 1978.
"It is a disservice to the rule of law and the truth to make baseless or grossly exaggerated allegations to achieve a political end," emphasized the letter.
Letter from Rev. Father + Nazarin to Congressman Dana Rohrabacher
"Hun Sen proved himself a patriot and an effective opponent to the Pol Pot while others were hiding or courting the tyrant for favors," said Rev. Father + Nazarin in a letter dated October 6, 1998 to Congressman Rohrabacher. "To the Cambodian people, Hun Sen is appreciated as the liberator of his country and its most important national hero. The Congress of the United States should examine the amazing progress in the development of democratic institutions where until recently none had existed, either through the French colonial period or through the monarchy which was despotic and autocratic."
"If you (Congressman Rohrabacher) are interested in fostering peace security and general prosperity for all the Khmer people we believe that God will bless you and bring you success. But if you are promoting the political aspirations of Prince Ranariddh and Sam Rainsy, your intention will fail and injure an already devastated political process, and we believe that God will inflict you with His displeasure for your Hubris," concluded the letter.
Letter from Khmer Americans to US Congress
"It is preposterous that Mr. Hun Sen is a 'war criminal' or a 'new Pol Pot'. Nobody should forget that Mr. Hun Sen was one of the most wanted persons by the Pol Pot regime, because he was leading a struggle against the atrocities and the genocide carried out by the Pol Pot clique," said a group of Cambodian Americans in a letter to the US Congressmen on October 2, 1998.
"To allege that Mr. Hun Sen is a war criminal is unfair to a Cambodian leader who has tirelessly worked for national reconciliation, peace, stability and progress for Cambodian people. We firmly place the confidence in you that you will give justice to Mr. Hun Sen instead of discouraging him to serve the interest of the Cambodian people," concluded the letter.
EU Final Assessment On Cambodian Election
European Union Chief Observer Sven G. Linder issued a final statement on behalf of the European Observers before leaving Cambodia in late September, 1998, expressing his satisfaction with the election process that he described as calm, solemn and without intimidation, coercion and irregularities.
"The atmosphere at the many polling stations we visited as the voters waited to cast their ballots was calm and solemn, even festive at times. It was clear to us that those people had gone to vote, not only out of their free will but also with consideration amount of enthusiasm. It was also gratifying to note that no major irregularities were noted by international observers on the day after the poll, Counting Day 27July," said Mr. Linder.
"This is why the Joint International Observer Group, the JIOG, which I had the honor to chair, felt it was possible to declare that 'what could be observed by us on the Polling Day and Counting Day was a process which was free and fair to an extent that enabled it to reflect, in a credible way, the will of the Cambodian people'. We, observers, representing almost 40 countries and groups of countries from all over the world, arrived at that conclusion very late on Monday 27 July, after the radioed reports on both days were in from our observer team deployed all over the country. The JIOG received criticism from some quarters for allegedly having issued its statement prematurely. To me the timing we chose right, and even necessary. We spoke on the firm basis of our observers' reports, with more than 95% giving what they seen on both days the highest or second highest mark on a five graded scale, but we did so before the preliminary results were known so that there could no doubt or suspicious whatsoever of partisanship on our part," he continued.
"I am still as convinced as I was then that the assessment we made at that time, also similar to that of the trained and serious national observers, was correct. During its continued work, the European Union Observation Unit has found no indication of flaws and frauds of a magnitude that could have distorted the will of the Cambodian voters as that will was expressed on the 26th of July," he stressed
"I knew from the outset that the task I undertook on behalf of the European Union would not be an easy one. That has also turned out to be true. But I have constantly tried to perform it to the best of my ability and with the highest degree of impartialness possible. What had saddened me the most is the violence and ethnic prejudices I have seen. What has encouraged me the most is the yearning for democracy displayed by the Cambodian voters on the sunny Sunday, the 26th of July 1998. The true winner in these elections was the Cambodian people," concluded Mr. Linder.
Second Prime Minister's Commitment To Stability, Peace And Development In Cambodia
On 22nd October a meeting chaired by Samdech Hun Sen, Second Prime Minister of the Royal Government of Cambodia, was held in Phnom Penh to mark the Anniversary of His Majesty the King's Birthday, the 45th Anniversary of the 9th November Independence Day and the Seventh Anniversary of the Signing of the Paris Peace Agreement.
In his address to the meeting, Samdech Hun Sen recalled the signing of the Paris Peace Agreement on Cambodia and its implementation and the contributions of the former State of Cambodia to the success of the Peace Accord. "The achievement of the Paris Peace Agreements brought great fruition for Cambodia, providing Cambodia with rights and sovereignty in fulfilling their tasks. Cambodia had upheld their rights, and together with the international community for national destiny," he said. Samdech Hun Sen blamed the Khmer Rouges for preventing the United Nations Transitional Authority in Cambodia from fulfilling its task. He stressed that it was the Democratic Kampuchea that refused to dissolve their armed forces and to allow UNTAC to enter their zone and that did not take part in the election.
Speaking about the current situation in Cambodia, Hun Sen blamed the opposition for hindering and stalling the work of the National Assembly and the establishment of a new government.
"After the summit meeting on 22nd September 1998 and the Assembly's first session on 24th September 1998 under the lofty chairmanship of His Revered Majesty the King, all the results were dismissed, particularly the agreement reached at the summit meeting in Siemreap," he said. "It is regrettable that some parties still do not want the [second] Assembly to start its work. As the one responsible for leading jointly with His Excellency First Prime Minister Ung Huot in exercising the executive power of the Kingdom of Cambodia, I have a responsibility to Cambodian history to work until a new government is set up. This is in accordance with Article 7 of the law dealing with the organization and running of the council of ministers. The incumbent government will be relieved of its duties only when a new government, formed after the 26th July 1998 election, comes to replace it."
"As all of you know, I have never balked at my responsibility, even in times of acute crises. This is why I am ready to set up a coalition government to respond to the aspirations and needs of the people who have expressed their will in the 26th July election. The Royal Government that I am planning is a national united government that will be opened widely to the various parties, which are genuinely sincere in taking part in building the country over the next five years. One cannot join the government in order to destroy it or to prevent it from serving its people. What we want is a stronger and more efficient government than the previous one," said Samdech Hun Sen.
Samdech Hun Sen also emphasized his plan to undertake various reforms in the next five years, particularly judicial reforms, for the further development of the country, saying: "The military, economic, administrative and judicial reforms I mentioned earlier are the four interrelated reforms that serve the common goals."
On the question of human rights, Samdech Hun Sen stressed that it is imperative to strengthen and improve the human rights work, and in taking part in the reform process, the Cambodian Committee for Human Rights of the Royal Government of Cambodia must build its own voluntary force in every village.
On the current situation, the Second Prime Minister said: "Up to now, although we are still optimistic that a new royal government can be set up under my responsibility and the responsibility of the incumbent government, I think we have already wasted a lot of valuable time. The suffering of the people has further compelled the incumbent government to free itself from being the hostage of a minority of politicians and to start really working."
As the Prime Minister of the Royal Government of Cambodia, and as Commander in Chief of the Armed Forces, Samdech Hun Sen has appealed to the people as follows:
"1. The continued implementation of the eight-point security measures;
"2. All government establishments at all levels to start carrying out their tasks fully. They should not leave any task unattended while waiting for the establishment of a new government.
"3. I will immediately issue new orders against corruption, negative activities, including acts that create difficulties for investors and businessmen, kidnapping, drug trafficking, and armed robberies."
Turning to the issue of a new summit meeting to be chaired by His Majesty King Norodom Sihanouk, Samdech Hun Sen said: "Following an examination of the outcome of the summit meeting held on 22nd September 1998 in Siemreap under the lofty chairmanship of His Majesty the King, it seems that if that outcome is rigorously implemented, it will not be necessary to hold another summit meeting. However, if the spirit of this outcome is acted against, no matter how many more meetings are held and wherever they may be held, there will be no results. I hope that the various parties and the elected people's representatives will not create new difficulties for the country and that they will actively take part in resolving problems for the sake of the nation and the people."
Samdech Hun Sen concluded by urging the government officials and armed forces to make every effort to alleviate the poverty, the suffering and hardship of the Cambodian people, in a sense of responsibility and unity.
****************
The Royal Embassy of Cambodia
4500 16th Street, NW
Washington, DC 20011