Published by the Cabinet of Samdech —————— MP of Kandal Prime Minister

Monthly Bulletin, Issue 14 January, 1999

AIDE MEMOIRE: An Analysis on Seeking a Formula for Bringing Top KR Leaders to Trial Handed over to H.E. Ambassador Thomas Hammaberg, the UN Secretary General's Special Representative on Human Rights in , by Samdech Prime Minister Hun Sen during the meeting on January 21, 1999.

antee for social issue and eco- nomic development within stable and peaceful environment of Cambodia. The two topics, to seek a formula for the trial and national reconciliation, must be taken into consideration simulta- neously, without intending to pri- oritize one over another. This means that the two topics deserve concurrent consideration within the context of national reconcilia- tion and inviolability of Cambo- dian sovereignty. They wish to see that the RGC continues to make efforts in line with this ten- - Over the past weeks, after the re- yet succeeded before. The threats dency, and are prepared to pro- turn to the fold of the nation as of the return of the genocidal re- vide assistance to the latter. Sev- simple citizens of Khiev Samphan gime that was in existence within eral questions have also been and on December 25, the past 20 years had come to an raised: 1998, there emerged public opin- end. - What is an appropriate tribunal ions and positions that deserved - At the same time, there existed to be established? International to take into consideration. First opinions that demand for an ur- or national? A mixed of both? of all, everyone welcomes this gent trial. Some even called for Or other form of tribunal? event and considers that: the arrest of the - How will the offences be - This event confirmed that the leaders, treating them as prisoners charged? In which periods? Khmer Rouge organization had of war, upon their return to the From 1970? Only between 1975 come to an end. The national fold of the nation. There existed to 1979? Or between 1979 to reconciliation in Cambodia, also counter-opinions. Both opin- 1998? Those demand a consid- which was the source of peace ions and counter-opinions have eration for the nature of the fact and stability, had been fulfilled prompt-ed an inquiring atmos- pattern from 1970 to 1998 once and for all, and this peace phere that whether ten thousands stressed that it is an inseparable and stability, in turn, would bring of former Khmer Rouge soldiers set of facts. new national development to and their families who thus far - Therefore, the following issues Cambodia. The Royal Govern- defected have any concern for need to be properly considered in ment of Cambodia (RGC), which their fates in the future. the context of seeking a formula is the executive power, has suc- - At present, there is an assessment for a tribunal to be set up and pro- ceeded in carrying out its tasks in that the last stage of the national viding the opportunity for lawyers solving the issues of national rec- reconciliation is very significant. to review all legal aspects. onciliation, finding peace, bring- It may lead Cambodia to a long ing about stability, and leading lasting peace and development, or 1) Court of Law the country towards a new devel- it may plunge Cambodia into in- opment in accordance to the pol- stability and insecurity. Those - The main request, for establishing icy approved by the National As- with this assessment are in the a court of law to try criminals of sembly. RGC is now controlling position that a trial is inevitable, genocide, is to guarantee that jus- all corners of the country, which and that there must be a full guar- (Continued on page 2)

The Cabinet of the Prime Minister, , Cambodia; E-mail: [email protected]; Internet: http://www.cppusa.net/camnewvision Tel: 855-23 219898; Fax: 855-23 983411/426105

Cambodia New Vision - January 99

(Continued from page 1) eration, as it is the basis to guar- - From many years of experience, tice is done for Cambodian peo- antee for justice of the trial. when war was erupted we neither ple, and responsible people are - In August 1979, the Kampuchean could find justice for the people punished. It is not at all for the People's Revolutionary Court nor could we protect them from purpose of revenge, but for both conducted a trial and issued a being killed and destructed, and it justice and non-recurrence of verdict specifying the period from was always the Cambodian peo- crime of genocide – assuring that 1975 to 1979. An upcoming ple who were victims. Peace that no more Cambodian will be killed court to be set up should consider we achieved at the moment is or victimized. this verdict. stemming from the will of the - It is unavoidable to consider the - Besides the Kampuchean People's Cambodian people after two bil- suggested period from 1979 to Revolutionary Court of August lion US dollars had been spent by 1998, since after carrying out 1979, there were two trials to be the United Nations. We wel- crime of genocide from 1975 to mentioned. The first trial was in come and continue to appreciate 1979 and being expelled from July 1970 held by the Martial the moral and material assistance power, the political and Court of the former Khmer Re- extended by the international military organization still existed public. It passed an unjust death community for safeguarding and and continued to be the vital sentence on His Majesty the assuring peace, national recon- threats to Cambodian people. King, Samdech Preah Norodom ciliation, and development in The massacre of innocent citizens Sihanouk, and a life imprison- Cambodia. in various regions, including ar- ment sentence on Samdech Preah - Since instability or peace is the eas under their control, and the Reach Akak Mahesei Monineath vital issue for the Cambodian na- killing of foreigners and personnel Sihanouk, after the coup that was tion and people, the National As- of UNTAC were natures of crime overthrowing him in March 1970. sembly that represents the will of against humanity. It is therefore The second trial was held at the the people has important respon- necessary to conduct investiga- beginning of 1975 by the National sibility and decision to make on tions on crimes and offenders of United Front of Kampuchea and what to do to reflect the sover- each stage, and define the causes passed death sentences on seven eignty of Cambodia that leave and legal aspects of each period: individuals; namely, , Cambodian to decide their desti- Sirik Matak, , In nies by themselves. From 1970 to 1975 - what Tam, , Sosthene Fer- - The above mentioned issues are kind of offense to be consid- nandez, Hang Thunhak -- among collective public opinions which ered and charged? whom only and Sosthene deserved consideration from the From 1975 to 1979 - what Fernandez are still alive. The legislative body, executive body, kind of offense? Khmer Rouge killed Sirik Matak, the court of Cambodia, and con- From 1979 to 1998 - what Long Boret, and Hang Thunhak, cerned international community. kind of offense? whereas Lon Nol and Cheng - We do not want to fall in a plight Heng died of diseases. like a Cambodian saying, "the - Who committed crimes? There boat sinks when it reaches the were different crimes in each pe- 2) Prosecution, Instability, Na- shore."¡ riod. One needs to consider also tional Reconciliation, and that if the criminals and the vic- Peace tims are Cambodian and the crime took place in Cambodia, - National reconciliation and peace then what kind of court of law are indispensable requirement of would suit both legal and moral the Cambodian nation and peo- aspects? If it is a mixed court, ple, and the trials of offenders to there must be legal provision ap- find justice for Cambodian are proved by the national assembly, the goal and obligation to be ful- and joined training among law- filled. yers to guarantee the legal effec- - Morality and justice are of signifi- tiveness. Shall there be an interna- cant foundation and driving force tional court, it would be estab- for the current situation in Cam- lished by the United Nations. bodia during its transitional pe- Would the United Nations Secu- riod from national reconciliation rity Council be able to establish it? and democracy to stability and - Whatever the court will be, it has long lasting peace. to look into related causes and - There must be due consideration effects from the beginning to an before taking any action, avoid- end. Therefore, the successive ing any action that would jeop- periods mentioned above, as ardize national reconciliation in sounded out by public opinions, Cambodia. We need both peace will have to be taken into consid- and justice.

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January 99 - Cambodia New Vision

(Continued from page 4) control the number of the mili- end to an anarchy in logging; to help armed forces to serve as faithful tary. Next, there is a need to the Ministry of Economy and Fi- defenders and servants to the launch a campaign to remove nance to eliminate the tax evasion people. They must refrain from from the payroll the soldiers and problem bring about national reve- doing any harms to the people, police who exist only the names nue; to strictly apply discipline on but assisting them in time of “ghost soldiers.” Finally, there is anyone in the armed forces who per- need and justly implementing the a need to have a procedure to form illegal businesses or support ille- mottos of Nation, Religion, and demobilize forces stage by stage gal businessmen. If they were not King; with well defined numbers of punished by the court of law, at least, · Must transparently implement forces and the available voca- they would be removed from their tasks concerning the respect of tional training programme, job- positions so that they can no longer human rights by providing train- seeking assistance programme, use their influences to continue to ing to armed forces to ensure an and capital provision for starting commit the offenses that could be understanding by everyone that up new careers. The reduction detrimental to the honor and dignity soldiers, policemen, and military of the armed forces and police is of the national armed forces. police are the people who pro- to create new jobs for those to be tect, preserve, and respect hu- demobilized. RGC will make My urgent request to H.E. Com- man rights, but oppose all forms efforts to seek financial assis- mander-in-Chief of the Royal army, of violations. tance for carrying out these im- after accepting the new position, is to portant tasks. launch total operation against illegal · Must neutrally carry out tasks 5. With the new structure resulted logging. All means must be used, towards all legal political parties from the reform, the Com- including the use of military, against in the Kingdom of Cambodia, mander-in-Chief of the Royal businessmen who operate illegal busi- by providing safety for their lead- army should discuss with the nesses in Cambodia. ers, members, and offices. Ministry of National Defense to 3. Must effectively control weap- carry out a reform of the unified This operation must be succeeded ons, ammunitions, and explo- armed forces by making effort to within three months period, at the sives, manage the budget, mate- downsize the number of divi- longest. With your experience in rial, equipment, and property of sions of the regular forces. It is putting an end to the political and the units, respond to the demand aimed to strengthen their effec- military organizations of the Khmer for livelihood of the armed tiveness and to decrease the ex- Rouge, I hope that your will succeed forces, and reduce expenditure penditure while paying attention in the war against illegal logging to while making effort to raise pro- on the adjustment of the regional safeguard our natural resources for ductivity to improve the living armed forces, and to the our nation and people. standard of the armed forces. downsizing of the number of 4. Must successfully implementing militia at the grass root level. RGC can not successfully achieve its military and police reform Commander-in-Chief should political goal without the support and within the next five years. The cooperate with the Ministry of contribution from the armed forces./. armed forces must be reduced by Interior and the Director Gen- ¡ 55,000, and the police must be eral of the National Police to reduced by 24,000. This reduc- strengthen the local police ad- tion leads to three benefits to the ministrative networks in provid- nation. First, a reduction of na- ing security to the people. tional defense and security 6. The limit of the armed forces, at budget. Next, the budget de- the moment, is not only to carry ducted from the national defense out national defense and na- and security can readily be trans- tional security, but also obligates ferred to education and to assist other institutions in im- healthcare. Finally, demobilized plementing the policy of the forces will participate in creating RGC. The important issues here new jobs, which will not only are to put an end to bad elements improve the livelihoods of their in the armed forces – those who individual families, but also in- perform illegal businesses or crease in production for the soci- backed up illegal businessmen ety. Example, if the 79,000 de- particularly in illegal logging and ducted forces were to serve in the its transportation, the tax eva- agricultural sector, they could sion by the armed forces or cultivate at least 50,000 to 70,000 backed up by the armed forces, ha. …,etc; In order to guarantee the

effectiveness of the military To launch a campaign to assist the downsizing programme, there Ministry of Agriculture and the Envi- are urgent tasks that must be car- ronment to crack down and put an ried out. First, there is a need to

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Cambodia New Vision - January 99

Hun Sen: “Four Reasons Why I Step down from the position of Commander-in-Chief of the National Armed Forces”

First Reason between the two. forces that are free from political The disintegration of the alignment. It thereby safeguards the Khmer Rouge political and military Third Reason unity of the armed forces, and the organizations through defection and The fact that I am not the Com- authentic neutrality of the national surrender have led to the end of war mander-in-Chief of the national army, the backbone of the liberal plu- and seceded zones, while peace is armed forces does not mean that the ralistic democracy, which in turn prevailing throughout the country. Prime Minister of the Royal Govern- support any political party elected to The time has become the most fa- ment has no responsibility toward the lead the Government. On the con- vourable for Cambodia for its socio- armed forces, or that they are dis- trary, it would be dangerous if they economic development. The matur- tanced from the RGC. The armed attach political belief to any appoint- ity of leadership, management, and forces are under the control of the ments or removals of public function wisdom of our officers are now ade- RGC, and must apply the political officials in the armed forces. Similar quate that there is no longer a need programme of the RGC that bounds case also exists in the civil admini- for direct command of the Prime by the chain of the constitution and stration. Minister. state laws. The Ministries of Na- tional Defense and Interior, responsi- Fourth Reason Second Reason ble for the policy of national defense I have participated together The effort to promote neutraliza- and security, are the RGC's institu- with armed forces, national institu- tion of the national armed forces of tions that oversee the policy and sup- tions, and the entire population to Cambodia is an important context plies of armed forces. The differ- put an end to the war and to bring for liberal pluralistic democracy. ences here lies in the point that the about peace, particularly through the Stemming from true peace and politi- Prime Minister, Ministers, Secretar- win-win policy and pacification dur- cal will for a political reform, I and ies of State, Undersecretaries of State ing the past recent year. My leaving H.E. General Tea Banh must ad- of the Ministries of National Defense from the position as a Commander- vance our steps, by leaving powerful and Interior are politicians who will in-Chief of the national armed forces positions, to establish a firm founda- be changed according to the term of of Cambodia is to focus my time and tion for a state of liberal pluralistic the RGC. Commander-in-Chief, energy on social and economic devel- democracy, which we, the elder gen- Deputy Commander-in-Chief of the opment that is the top priority to eration, have to prepare for the Royal army downwards, the Director fight against poverty. It is a time to younger generation. General, Deputy Director General of withdraw from being a Commander- the National Police downwards, the in-Chief to fight against the return of To be quite frank, no one could Commander, Deputy Commander of the Pol Pot genocidal regime and to by any means strip or demote me the Natonal Military Police down- find peace for Cambodia, but to be- from the ranks. However, for the wards, who are in the public func- come a Commander-in-Chief to lead long-term future of the nation, I am tions, are not subjected to the change a fight against poverty in accordance obligated to seek for an approval according to the term of the RGC. to the direction of the economic- from His Majesty the King, in order Whichever political party wins future oriented Government. to put an end, from now on, to the elections thereby takes over the gov- situation in which a Prime Minister erning power, it has to offer their pro- With a new National Assembly, is given an additional position as tection and implementation of the a new Royal Government, and a Commander-in-Chief of the National policy of the elected Government. new situation at its entry into a new Armed Forces. According to the Transferring, promoting, or demot- millenium, there exist many tasks to Constitution, a Prime Minister is to ing the posts will proceed by their be fulfilled. On behalf of the RGC, I be appointed from a political party own procedures and norms that are appeal or order the armed forces as that wins the election. If he were the different from those of the political follows; commander of the armed forces, one functions. Political or religious belief 1. Must strictly conduct readily is- may observe that there is a political should not be the reason or obstacle sued orders, among them, the role of a political party attached at for the promotion or demotion of eight-point measures issued on the top level, while the armed forces positions in the armed forces. How- August 18, 97, the seven-point are meant to be neutral before all po- ever, the virtue, morale, capacity, measures issued on October 22, litical parties. For this reason, I and experiences are the conditions 98 to maintain security and so- called it a political reform bearing a for the promotion or removal from cial order -- cracking down nature of a must that I have to do it positions. These are the different as- armed robberies, kidnappings for from the top-down in accordance to pects between political and public ransom, drug trafficking, armed the political programme pushing for functions that we have been carrying sales, illegal use of weapons, sex the neutralization of the national out. If we continue to adhere to the trafficking, …etc. armed forces and the civil admini- above policy which is abandoning 2. Must strictly implement the dis- stration. It is also to distinctively the political quota principle, and cipline, morality, and virtue of separate between political and public making no attachment to political functions to avoid the intertwining belief, we will certainly have armed (Continued on page 3)

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