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Political Control, Human Rights, and the UN Mission in Cambodia

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Political Control, Human Rights, and the UN Mission in Cambodia Political Control, Human Rights, and the UN Mission in Cambodia September 1992 Asia Watch A Division of Human Rights Watch 485 Fifth Avenue 1522 K Street, NW Suite 910 New York, NY 1001710017----61046104 Washington, DC 2000520005----12021202 Tel: (212) 972972----84008400 Tel: (202) 371371----65926592 Fax: (212) 972972----09050905 Fax: (202) 371371----01240124 Copyright 8 1992 by Human Rights Watch All Rights Reserved Printed in the United States of America ISBN Library of Congress Catalog No. THE ASIA WATCH COMMITTEE The Asia Watch Committee was established in 1985 to monitor and promote observance of internationally recognized human rights in Asia. The chair is Jack Greenberg and the vice-chairs are Harriet Rabb and Orville Schell. Sidney Jones is Executive Director. Mike Jendrzejczyk is the Washington Representative. Patricia Gossman and Robin Munro are Research Associates. Jeannine Guthrie and Vicki Shu are Associates. Therese Caouette, Dinah PoKempner and Mickey Spiegel are Consultants. HUMAN RIGHTS WATCH Human Rights Watch is composed of five Watch Committees: Africa Watch, Americas Watch, Asia Watch, Helsinki Watch and Middle East Watch. Executive Committee Robert L. Bernstein, Chair: Adrian DeWind, Vice-Chair: Roland Algrant, Lisa Anderson, Peter Bell, Alice Brown, William Carmichael, Dorothy Cullman, Irene Diamond, Jonathan Fanton, Jack Greenberg, Alice H. Henkin, Stephen L. Kass, Marina P. Kaufman, Jeri Laber, Aryeh Neier, Bruce Rabb, Harriet Rabb, Kenneth Roth, Orville Schell, Gary Sick, Robert Wedgeworth. Staff Aryeh Neier, Executive Director; Kenneth Roth, Deputy Director; Holly Burkhalter, Washington Director; Ellen Lutz, California Director; Susan Osnos, Press Director; Jemera Rone, Counsel; Stephanie Steele, Operations Director; Dorothy Q. Thomas, Women's Rights Project Director; Joanna Weschler, Prison Project Director. Executive Directors Africa Watch Americas Watch Asia Watch Rakiya Omaar Juan Mendez Sidney Jones Helsinki Watch Middle East Watch Fund for Free Expression Jeri Laber Andrew Whitley Gara LaMarche TABLE OF CONTENTS INTRODUCTION............................................................................................................................................................................................................. 2 THE CAMBODIAN PEACE PROCESS....................................................................................................................................................................... 5 The Paris Accords .................................................................................................................................................................................. 5 UN Deployment......................................................................................................................................................................................... 8 Khmer Rouge Non-Cooperation..................................................................................................................................................... 9 POLITICAL CONTROL IN THE STATE OF CAMBODIA...................................................................................................................................... 13 Political Violence.................................................................................................................................................................................. 15 Political Competition and Abuses Against Other Parties .............................................................................................. 17 Identity Cards and Personal Dossiers as Mechanisms of Control......................................................................... 20 The Justice System, Legal Reform and the Enforcement of Basic Rights........................................................... 22 POLITICAL CONTROL IN AREAS UNDER THE NON-COMMUNIST RESISTANCE................................................................................. 28 Control in the Border Camps......................................................................................................................................................... 28 Human Rights Abuses (32) The Resistance Zones........................................................................................................................................................................ 35 Resettlement to the Zones.............................................................................................................................................................. 38 POLITICAL CONTROL UNDER THE KHMER ROUGE......................................................................................................................................... 42 The Camps................................................................................................................................................................................................ 43 The Zones ................................................................................................................................................................................................... 47 Infiltration.................................................................................................................................................................................................. 47 OTHER ISSUES AFFECTING HUMAN RIGHTS IN CAMBODIA.................................................................................................................... 49 Repatriation............................................................................................................................................................................................. 49 The Changing Plan (49); Compromises (51); Factors That Affect Choice (54) Racial Violence....................................................................................................................................................................................... 57 Demining.................................................................................................................................................................................................... 61 Foreign Interests.................................................................................................................................................................................. 65 The United States (65); Thailand (68) CONCLUSIONS AND RECOMMENDATIONS....................................................................................................................................................... 72 INTRODUCTION Cambodia is unique, in both the extent of destruction it suffered under the Khmer Rouge and in the extent of international invovlement in the effort to end its civil war and aid its reconstruction. The United Nations has embarked on its most ambitious project ever there, in terms of both expense and scope, and the exercise will undoubtedly exert great influence on how the UN is used in the settlement of other conflicts around the world. The centerpiece of the Cambodian peace settlement, "free and fair elections," is predicated on the success of a series of steps designed to ensure an atmosphere of political neutrality that will allow Cambodians to choose their own government, free from the control of any one of the four parties to the conflict: the Phnom Penh-based State of Cambodia (SOC); the Khmer People's National Liberation Front (KPNLF) nominally headed by former Prime Minister Son Sann; the United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC), loyal to Prince Norodom Sihanouk; and the Party of Democratic Kampuchea, better known as the Khmer Rouge. None of these parties has a democratic tradition or a reputation for respecting fundamental freedoms or independent civil institutions. The Khmer Rouge have far and away the worst human rights record and they show little sign of real change in their policies, making evidence of their increased infiltration into Cambodian villages all the more alarming. FUNCINPEC and the KPNLF, often grouped together as the "non-communist resistance" are no paragons of democratic virtue. Both parties kept tight control over the Cambodians living in refugee camps they administered along the Thai border, where "justice" was dispensed at the whim of military strongmen acting through camp leaders. Both appear to be trying to retain that control by encouraging and intimidating refugees to return to territory they control inside Cambodia. Until last year, the SOC was run as a classic one-party socialist state, with imprisonment the consequence for advocating political reforms. Given the history of political control and human rights abuses, what must the UN do to ensure political neutrality before the elections, and respect for human rights both during the current transition period and thereafter? This report identifies some of the underlying conditions and institutions each party exploits to perpetuate control, and how foreign interests affect that control. It highlights safeguards that should be in place to ensure the abuses of the past are not repeated, either against those returning to Cambodia from the border camps or those who never left. To accomplish its task, the UN must balance its role as mediator among hostile parties and guardian of basic human rights. This would be difficult enough under the best of circumstances, but the United Nations Transitional Authority in Cambodia
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