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First Quarter in 2011 Updated.Qxd Magazine of the Documentation Center of Cambodia Searching for THE TRUTH Complementary Justice Fact Sheet: Pol Pot and his Prisoners at Secret Prison S-221 «As Duch confirmed or refuted the stories of each witness, Special English Edition it seemed that he was the one who would decide what the First Quarter 2011 history of this period would say. If Duch confirmed testimony, then it was true.» -- Judy Ledgerwood Searching for the truth. TABLE OF CONTENTS Magazine of the Documentation Center of Cambodia Special English Edition, First Quarter 2011 EDITORIAL Complementary Justice ......................................................1 DOCUMENTATION Fact Sheet ..............................................................................10 Reclaiming Cambodian History ......................................16 Anti-Genocide Slogan Inauguration ...........................24 HISTORY Islam in Changing in Cambodia ....................................26 Geographic Education as Genocide Policy ................29 Malai: Fifteen Years After Integration .......................35 Responding To Genocide .................................................37 LEGAL Ascertaining the Truth through a Partial .....................43 Mawlid ceremony in Kampong Tralach district in February 2011 The scope of Victim Participation ..................................49 Copyright © Documentation Center of Cambodia PUBLIC DEBATE All rights reserved. Licensed by the Ministry of Information of Seeing Duch on Trial ..................................................................53 the Royal Government of Cambodia, John Shipley Discusses Truth and Remembrance .........57 Prakas No.0291 P.M99, What would Mok Contribute to Case 002 ................59 2 August 1999. Photographs by the Documentation Center of Cambodia FAMILY TRACING and Legacy of War ......................................................................60 Tuol Sleng Genocide Museum. Contributors: Laura Goodwin, Dacil Q. Keo, Sarah Jones Dickens, Kok-Thay Eng, Jame A. Tyner, Ashley Cooper, Gina Cortese, Charline Yim, Judy Ledgerwood, Jane Arnfield, Sayana Ser. Staff Writers: Bunthorn Som, Leakhena Tat, Sothida Sin. English Editor: Socheat Nhean and Anne Heindel. Editor-iin-CChief and Publisher: Youk Chhang. Graphic Designer: Sopheak Sim. Distributor: Sophat Morm. Email: [email protected], Homepage: www.dccam.org SEARCHING FOR THE TRUTH LETTER LETTER FROM YOUK CHHANG: COMPLEMENTARY JUSTICE: DESIGNING A MECHANISM FOR MEMORY AND RECONCILIATION IN CAMBODIA Article by Laura Goodwin and Edited by Youk Chhang and Jaya Ramji Introduction responses to the ECCC. Ultimately, a successful truth The Extraordinary Chambers in the Courts of telling commission could lead to accountability and Cambodia (ECCC) has achieved its ambitious goals help Cambodians to paint a larger picture of this of prosecuting "top leaders" of the Khmer Rouge. A dark period in their country's history. transitional justice mechanism that focuses on Truth Commissions Cambodian preferences, addresses their desires for A truth commission is a transitional justice justice, and provides the reparations that Cambodians mechanism empowered to investigate and remedy see fit would be a natural complement to the tribunal. past human rights abuses. Truth commissions are Truth commissions are often proposed because of harder to define than other forms of transitional their flexible nature and ability to provide culturally justice, such as international tribunals, because they relevant accountability processes. A successful tend to be more narrowly-tailored to each society transitional justice system in Cambodia must be and situation. Some general characteristics of a tailored to Cambodia preferences and the Cambodian truth commission include "an attempt to provide a cultural context. larger picture of abuses rather than an emphasis on A truth commission offers promise in addressing a discrete event,...and the possession of some the needs of the Cambodian society; however, like authority allowing greater access to information any other form of transitional justice, it will pose and security." Unlike international courts, truth challenges. To date, almost all truth commissions commissions are not prosecutorial bodies and have been established in predominantly Christian therefore do not conduct judicial proceedings that nations. In order for a truth commission to enable result in the declaration of guilt. Some of the most reconciliation and justice in an overwhelmingly crucial ambitions of a truth commission can be non-Christian nation, it will have to incorporate acknowledging crimes, enabling victims to have a Buddhist and Muslim reconciliation processes. A voice, and providing a historical account of the culturally-sensitive truth telling commission in various factors that lead to mass atrocities. Truth Cambodia should highlight Buddhist and Muslim commissions aim to ensure that future generations values, placing these religious leaders at the center understand what happened in their country's history of the process; address the needs of Cambodians; with the ultimate goal of preventing the recurrence and include both symbolic reparations and those of such atrocities. that would develop social capital. In exploring the Much like international tribunals, truth best designed model this memo draws upon needs commissions have a variety of strengths and of the Cambodian society as highlighted in a 2009 weaknesses in addressing human rights abuses. survey carried out by the Human Rights Center at the The two most common concerns voiced by scholars University of California at Berkeley, experiences are that truth commissions, despite being viewed as learned in other truth commissions, and Cambodian responsive to local preferences, can fail to expose DOCUMENTATION CENTER OF CAMBODIA (DC-CAM) 1 SPECIAL ENGLISH EDITION, FIRST QUARTER 2011 the whole truth; and that a thorough investigation Any response to the Democratic Kampuchea of past abuses might not be appropriate or culturally period that aims to contribute to the rule of law, sensitive to a truth to a society traumatized by mass feelings of justice and reconciliation must begin by violence. asking what the members of the society that lived For example, truth commissions have failed under the regime want. The UC Berkeley study to address international actors' involvement in highlights a couple of important themes that should mass atrocities, been unable to incorporate cultural be addressed in establishing a truth commission preferences, or overlooked indigenous forms of so that it may reflect contemporary Cambodian resolving conflicts. preferences. Although generally held out as highly First, the study reveals that Cambodians are successful example of the form, the South African eager to find out the truth about what occurred during Truth and Reconciliation Commission had its share the Khmer Rouge regime. Second, Cambodian of detractors. Some victim participants felt as though attitudes towards living together with former they were unable to tell the "truth" or receive the members of the regime highlight the complexity of reparations that they most desitred. The TRC in reconciliation and punishment in the Cambodian Sierra Leone raised other concerns about a truth culture. Truth commissions are heavily dependent commissions in the aftermath of mass atrocities. on the cooperation of perpetrators and therefore For example, Sierra Leoneans had a particular way understanding Cambodian attitudes towards lower of dealing with conflicts that "reintegrating combatants, level cadres is vital. Overall, the study showed that reworking relationships, and rebuilding moral Cambodians wanted to see those responsible for communities", and practice social forgetting as a the Khmer Rouge regime to be held accountable, mechanism used to "cool the heart" and reestablish and believed that justice was a process of revealing the community. It is possible that the TRC in Sierra the truth. Leone disrupted this process. The UC survey depicts a Cambodian population Cambodian preferences that for the most part, wants to know what occurred A Cambodian truth commission, if carried out during the Khmer Rouge. Seventy seven percent of in a manner which has Cambodian preferences as those living under the regime stated that they wanted its main consideration, can complement the work to know more about what had happened during of the tribunal through a long-term mandate with the Khmer Rouge and eighty five percent of those wide-reaching participation and recognition of who did not live under the Khmer Rouge regime victims. The 2009 UC Berkeley study of Cambodian wanted to learn more. Although Cambodians, both preferences found that 85.5% of respondents of whom had lived under the regime and those who agreed with the statement that "it is necessary to had not, were eager to find out the truth about what find the truth about what happened during the had happened during the regime, less than fifty Khmer Rouge." A Cambodian truth commission percent of those surveyed were willing to be part should aim to document and analyze experiences of a public hearing and talk about their experiences. of the Cambodian people in the periods leading up The views expressed by contemporary to, during, and in the aftermath of Democratic Cambodians on accountability reflect an over- Kampuchea; produce a historical narrative of the whelmingly strong support for holding those Khmer Rouge regime and abuses, including rationale responsible for the Khmer Rouge
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