A KIND of DEMOCRACY: Political Domination in the Problematic Development of Democracy in Cambodia
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The Uncertain Relationship Between International Criminal Law Accountability and the Rule of Law in Post-Atrocity States: Lessons from Cambodia
CORE Metadata, citation and similar papers at core.ac.uk Provided by Fordham University School of Law Fordham International Law Journal Volume 42, Issue 1 Article 1 The Uncertain Relationship Between International Criminal Law Accountability and the Rule of Law in Post-Atrocity States: Lessons from Cambodia Randle C. DeFalco∗ ∗ Copyright c by the authors. Fordham International Law Journal is produced by The Berkeley Electronic Press (bepress). https://ir.lawnet.fordham.edu/ilj ARTICLE THE UNCERTAIN RELATIONSHIP BETWEEN INTERNATIONAL CRIMINAL LAW ACCOUNTABILITY AND THE RULE OF LAW IN POST-ATROCITY STATES: LESSONS FROM CAMBODIA Randle C. DeFalco* ABSTRACT One of the goals routinely ascribed to international criminal law (“ICL”) prosecutions is the ability to improve the rule of law domestically in post-atrocity states. This Article reassesses the common assumption that the relationship between the pursuit of ICL accountability and improving the rule of law in post-atrocity states is necessarily a linear, wholly positive one. It does so through an analysis of the relationship between the Extraordinary Chambers in the Courts of Cambodia and the rule of law domestically in Cambodia. Through this analysis, this Article highlights the oft-ignored possibility that ICL prosecutions may actually have a mix of positive, nil, and negative effects on the domestic rule of law, at least in the short run. In the Cambodian context, this Article argues that such risk is quite real and arguably, in the process of being realized. These harmful rule of law consequences are most visible when viewed in light of the particularities of Cambodia’s rule of law deficit, which increasingly stems from government practices of subverting the rule of law through means obscured behind façades of legality. -
In the Shadows: Women, Power and Politics in Cambodia
In the Shadows: Women, Power and Politics in Cambodia Kate Frieson CAPI Associate and United N ations Regional Spokesperson, UNMIBH (UN mission in Bosnia Hercegovina) Occasional Paper No. 26 June 2001 Copyright © 2001 Centre for Asia-Pacific Initiatives Box 1700, STN CSC Victoria, BC Canada V8W 2Y2 Tel. : (250) 721-7020 Fax : (250) 721-3107 E-mail: [email protected] National Library of Canada Cataloguing in Publication Data Frieson, Kate G. (Kate Grace), 1958- In the Shadows: Women, Power and Politics in Cambodia (CAPI occasional paper series ; 26) ISBN 1-55058-230-5 1. Cambodia–Social conditions. 2. Cambodia–Politics and government. 3. Women in politics–Cambodia. I. UVic Centre for Asia-Pacific Initiatives. II. Title. III. Series: Occasional papers (UVic Centre for Asia-Pacific Initiatives) ; #26. DS554.8.F74 2001 305.42'09596 C2001-910945-8 Printed in Canada Table of Contents Theoretical Approaches to Gender and Politics ......................................1 Women and the Politics of Socialization ............................................2 Women and the State: Regeneration and the Reproduction of the Nation ..................4 Women and the Defense of the State during War-Time ................................8 Women as Defenders of the Nation ...............................................12 Women in Post-UNTAC Cambodia ..............................................14 Conclusion ..................................................................16 Notes ......................................................................16 In the Shadows: Women, Power and Politics in Cambodia Kate Frieson, University of Victoria "Behind almost all politicians there are women in the shadows" Anonymous writer, Modern Khmer News, 1954 Although largely unscribed in historical writings, women have played important roles in the Cambodian body politic as lance-carrying warriors and defenders of the Angkorean kingdom, influential consorts of kings, deviant divas, revolutionary heroines, spiritual protectors of Buddhist temples, and agents of peace. -
No Leaves Embattled Cambodia
Lon NoNol leaves embattled Cambodia By Frederick B. Marks B overwhelming military advantage now held byby- bassy the insurgents PHNOM PENH UPI A government operation to insurgents Cambodian Presi- Lon Nol spent what was expected to his clear dent Lon Nol said farewell to be from the 8 kilometers miles his cabinet and day in Cambodia receiving his rocket belt 5 doseclose associates Monday last associates northwest of Phnom Penh was reported stall- Government sources and cabinet members giving gifts of money stall said behe expected to to leave Tuesday for a selfself- friends the sources said He taped a farewell ed exileape the government hoped At Neak Luong the Mekong River town which would lead message to the nation which was to be broad- to peace talks with the broad which has been under siege for two Communist insurgents cast after his departure MondaMonday night months Insurgent forces battered away cabinet the situation was described as very at the members and diplomats attended dinner at- serious tenuous defense a at by a U.S. embassy pack- perimeter of the capital AA. the palace US source Neak Luong packpack- barrage of about 50SO rockets fell on ed with refugees has been under con- trip to Indonesia with Lon Nol gave con airport where the American planes tinuous shelling plane continued rise to speculation about possible negotiations to ferry in food fuel and At the provincial capital of bang in- ammunition Indonesia has been actively involved in bringbring- Batta in Governmentnt sourcesSources said Lon Nol would the northwestern -
What Drives Urbanisation in Modern Cambodia? Some Counter-Intuitive Findings
sustainability Article What Drives Urbanisation in Modern Cambodia? Some Counter-Intuitive Findings Partha Gangopadhyay * , Siddharth Jain and Agung Suwandaru School of Business, Western Sydney University, Penrith NSW 2751, Australia; [email protected] (S.J.); [email protected] (A.S.) * Correspondence: [email protected] Received: 23 October 2020; Accepted: 2 December 2020; Published: 8 December 2020 Abstract: The history of urbanisation in Cambodia is a fascinating case study. During 1965–1973, the Vietnam war triggered the mass migration of Cambodians to the urban centres as its rural economy was virtually annihilated by an unprecedented cascade of aerial bombardments. During the Pol Pot regime, 1975–1979, urban areas were hastily closed down by the Khmer Rouge militia that led to the phase of forced de-urbanisation. With the ouster of the Pol Pot regime, since 1993 a new wave of urbanisation has taken shape for Cambodia. Rising urban population in a few urban regions has triggered multidimensional problems in terms of housing, employment, infrastructure, crime rates and congestions. This paper investigates the significant drivers of urbanisation since 1994 in Cambodia. Despite severe limitations of the availability of relevant data, we have extrapolated the major long-term drivers of urbanization by using autoregressive distributed lag (ARDL) analysis and nonlinear autoregressive distributed lag (NARDL) models. Our main finding is that FDI flows have a significant short-run and long-run asymmetric effect on urbanisation. We conclude that an increase in FDI boosts the pull-factor behind rural–urban migration. At the same time, a decrease in FDI impoverishes the economy and promotes the push-factor behind the rural–urban migration. -
Revolution, Reform and Regionalism in Southeast Asia
Revolution, Reform and Regionalism in Southeast Asia Geographically, Cambodia, Laos and Vietnam are situated in the fastest growing region in the world, positioned alongside the dynamic economies of neighboring China and Thailand. Revolution, Reform and Regionalism in Southeast Asia compares the postwar political economies of these three countries in the context of their individual and collective impact on recent efforts at regional integration. Based on research carried out over three decades, Ronald Bruce St John highlights the different paths to reform taken by these countries and the effect this has had on regional plans for economic development. Through its comparative analysis of the reforms implemented by Cam- bodia, Laos and Vietnam over the last 30 years, the book draws attention to parallel themes of continuity and change. St John discusses how these countries have demonstrated related characteristics whilst at the same time making different modifications in order to exploit the strengths of their individual cultures. The book contributes to the contemporary debate over the role of democratic reform in promoting economic devel- opment and provides academics with a unique insight into the political economies of three countries at the heart of Southeast Asia. Ronald Bruce St John earned a Ph.D. in International Relations at the University of Denver before serving as a military intelligence officer in Vietnam. He is now an independent scholar and has published more than 300 books, articles and reviews with a focus on Southeast Asia, -
Activities on the 2017 Elections Commune Sangkat
Committee For Free and Fair Elections in Cambodia (COMFREL) #138, Str 122 Teuk Laak 1, Toulkork, Phnom Penh xumE®hVl Box: 1145 COMFREL Tel: 023 884 150 Fax:023 885 745 Email [email protected], [email protected] Website www.comfrel.org Final Assessment and Report on the 2017 Commune Council Elections Contents Acronyms ................................................................................................................................................ 4 Foreword ................................................................................................................................................. 7 1. Introduction ....................................................................................................................................... 8 2. Executive Summary .............................................................................................................................. 9 2.1. Principal Findings .......................................................................................................................... 9 2.2 What Others Say ........................................................................................................................... 17 2.3 Overall Assessment ...................................................................................................................... 19 3. Political Environment ......................................................................................................................... 19 3.1 Unilateral legislative changes contrary -
The Constitutive Discourse of the Khmer Rouge
Henri Locard. Pol Pot's Little Red Book: The Sayings of Angkar. Chang Mai: Silkworm Books, 2005. xvi +336 pp. $18.95, paper, ISBN 978-974-9575-56-7. Reviewed by Jason Edwards Published on H-Genocide (August, 2005) The Khmer Rouge governed Cambodia from life. Constitutive rhetoric, therefore, is the discur‐ April 1975 to January 1979 and can be truly called sive background of social life for a particular peo‐ one of the most brutal regimes of the twentieth ple. The slogans used by the Khmer Rouge provide century. However, understanding Khmer Rouge a form of constitutive discourse. These slogans ideology and its impact on Cambodian society is were rooted in Maoist ideology and Cambodian often difficult to discern because the regime's cultural mythology. However, until now they were leaders did not create any major manifestos.[1] never compiled into a specific text for the people That is why Henri Locard's book, Pol Pot's Little to study en masse. Rather, since Cambodia is an Red Book: The Sayings of Angkar, is such an im‐ oral culture, the Khmer leadership and their sur‐ portant text for understanding the political rogates spoke them on a daily basis. The Khmer thought of the Khmer Rouge. Rouge interpellated ordinary Cambodians Locard provides the reader with a group of through continuous rote instruction. sayings and slogans that he collected over four Locard's book is composed of an introduction, years, 1991-1995, from survivors of the Khmer six chapters, and an epilogue. The introduction Rouge's regime, as well as snippets from speeches provides an understanding and a justification for by Khmer leadership. -
Cambodia: Human Rights Before and After the Elections
May 1993 Vol.5 No.10 CAMBODIA: HUMAN RIGHTS BEFORE AND AFTER THE ELECTIONS I. INTRODUCTION Cambodians will go to the polls on May 23 in an atmosphere of political and ethnic violence and renewed civil war. The elections are the culmination of a 17-month United Nations presence, the largest, most ambitious and most expensive peace-keeping effort ever, which was supposed to bring about an end to the conflict. Instead, Cambodia is faced with as much fighting as when the United Nations Transitional Authority in Cambodia (UNTAC) entered the country in March 1992, and a spiralling level of serious human rights abuses. The "neutral political environment" that was supposed to be the precondition for elections is entirely absent. The five permanent members of the Security Council and other drafters of the 1991 Paris peace accords, formally known as the Agreements on a Comprehensive Political Settlement of the Cambodia Conflict, are determined to go ahead with the elections regardless. But what happens on May 23 is almost less important than what happens in the days after the results are announced. Asia Watch believes that an analysis of the missteps that led to the current human rights situation is critically important to determining how, or perhaps whether, human rights of Cambodians can be protected under whatever government comes to power then. The reasons for the deterioration in the human rights situation in late 1992 and early 1993 are complex. None of the parties to the conflict has a history of respect for human rights and one, Democratic Kampuchea, better known as the Khmer Rouge, has one of the worst human rights records in modern history. -
The Khmer Rouge Tribunal: an Ambiguous Good News Story
perspectives The Khmer Rouge Tribunal: An Ambiguous Good News Story Milton Osborne A u g u s t 2 0 0 7 The Lowy Institute for International Policy is an independent international policy think tank based in Sydney, Australia. Its mandate ranges across all the dimensions of international policy debate in Australia – economic, political and strategic – and it is not limited to a particular geographic region. Its two core tasks are to: • produce distinctive research and fresh policy options for Australia’s international policy and to contribute to the wider international debate. • promote discussion of Australia’s role in the world by providing an accessible and high quality forum for discussion of Australian international relations through debates, seminars, lectures, dialogues and conferences. Lowy Institute Perspectives are occasional papers and speeches on international events and policy. The views expressed in this paper are the author’s own and not those of the Lowy Institute for International Policy. The Khmer Rouge Tribunal: an ambiguous good news story Milton Osborne It’s [the Khmer Rouge Tribunal] heavily symbolic and won’t have much to do with justice . It will produce verdicts which delineate the KR leadership as having been a small group and nothing to do with the present regime. Philip Short, author of Pol Pot: anatomy of a nightmare, London, 2004, quoted in Phnom Penh Post, 26 January8 February 2007. Some ten months after it was finally inaugurated in July 2006, and more than twentyeight years after the overthrow of the Democratic Kampuchean (DK) regime led by Pol Pot, the Extraordinary Chambers of the Courts of Cambodia (ECCC), more familiarly known as the Khmer Rouge Tribunal, has at last handed down its first indictment. -
The Role of Extraordinary Chambers in the Courts of Cambodia in Trying Khmer Rouge Human Rights Offender in Cambodia
The Role of Extraordinary Chambers in the Courts of Cambodia in trying Khmer Rouge Human Rights Offender in Cambodia Ahza Arzanul Haq, Dea Putri Krisanti, Zein Ibnu Wiguna Department of International Relations, Faculty of Social and Political Sciences Universitas Sebelas Maret Surakarta, Indonesia [email protected], [email protected], [email protected] Article Abstract Information Submitted : February 3, 2020 Conflict often occurs when two or more interests are in contradiction and no Revised : May 18, 2020 Accepted : June 30, 2020 one wants to concede. We know a variety of conflicts today, from the conflict preexisting since a long time ago such as intertribal conflict to more modern conflict Keywords : such as a state’s tapping over another. The way of resolving conflict is also varying Khmer Rouge; Cambodia; according to the types of conflict, big conflict such as interstate conflict or the one ECCC; Humanity Crime; attracting the world’s attention, using more complex resolution and usually using the Human Right Violation third party. Therefore, a special organization will be founded to solve a conflict. One of organizations created to solve a conflict is the Extraordinary Chambers in The Courts of Cambodia (ECCC) aiming to try the war criminals during Khmer Rouge humanity crime incidence in 1975-1979. Humanity crime occurring in Cambodia is one of largest humanity tragedies in modern era post 2nd World War. This ECCC was founded because at that time Cambodia’s National Justice Institution could not try the perpetrator of humanity crime. Cambodian government along with UN then agreed to found a justice institution specifically aiming to deal with and to resolve Khmer Rouge case. -
ASEAN Intervention in Cambodia: from Cold War to Conditionality Jones, L
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Queen Mary Research Online ASEAN intervention in Cambodia: from Cold War to conditionality Jones, L (c) 2007 Taylor & Francis For additional information about this publication click this link. http://qmro.qmul.ac.uk/xmlui/handle/123456789/9434 Information about this research object was correct at the time of download; we occasionally make corrections to records, please therefore check the published record when citing. For more information contact [email protected] ASEAN Intervention in Cambodia: From Cold War to Conditionality Lee Jones Abstract Despite their other theoretical differences, virtually all scholars of the Association of Southeast Asian Nations (ASEAN) agree that the organisation’s members share an almost religious commitment to the norm of non-intervention. This article disrupts this consensus, arguing that ASEAN repeatedly intervened in Cambodia’s internal political conflicts from 1979-1999, often with powerful and destructive effects. ASEAN’s role in maintaining Khmer Rouge occupancy of Cambodia’s UN seat, constructing a new coalition government-in-exile, manipulating Khmer refugee camps and informing the content of the Cambodian peace process will be explored, before turning to the ‘creeping conditionality’ for ASEAN membership imposed after the 1997 ‘coup’ in Phnom Penh. The article argues for an analysis recognising the political nature of intervention, and seeks to explain both the creation of non- intervention norms, and specific violations of them, as attempts by ASEAN elites to maintain their own illiberal, capitalist regimes against domestic and international political threats. Keywords ASEAN, Cambodia, Intervention, Norms, Non-Interference, Sovereignty Contact Information Lee Jones is a doctoral candidate in International Relations at Nuffield College, Oxford, OX1 1NF, UK. -
Hun Sen, the UN, and the Khmer Rouge Tribunal
UCLA UCLA Pacific Basin Law Journal Title Not Worth the Wait: Hun Sen, the UN, and the Khmer Rouge Tribunal Permalink https://escholarship.org/uc/item/4rh6566v Journal UCLA Pacific Basin Law Journal, 24(1) Author Bowman, Herbert D. Publication Date 2006 DOI 10.5070/P8241022188 Peer reviewed eScholarship.org Powered by the California Digital Library University of California NOT WORTH THE WAIT: HUN SEN, THE UN, AND THE KHMER ROUGE TRIBUNAL Herbert D. Bowman* I. INTRODUCTION Between 1975 and 1979, the Khmer Rouge killed between one and three million Cambodians.1 Twenty-four years later, on March 17, 2003, the United Nations and the Cambodian govern- ment reached an agreement to establish a criminal tribunal de- signed to try those most responsible for the massive human rights violations which took place during the Khmer Rouge reign of terror. 2 Another three years later, on July 4, 2006, international and Cambodian judges and prosecutors were sworn in to begin work at the Extraordinary Chamber in the Courts of Cambodia ("ECCC"). 3 To quickly grasp the Cambodia court's prospects for success, one only need know a few basic facts. First, the jurisdiction of the court will be limited to crimes 4 that took place between April 17, 1975 and January 6, 1979. * Fellow of Indiana University School of Law, Indianapolis Center for Inter- national & Comparative Law. Former International Prosecutor for the United Na- tions Mission to East Timor. The author is currently working and living in Cambodia. 1. Craig Etcheson, The Politics of Genocide Justice in Cambodia, in INTERNA- TIONALIZED CRIMINAL COURTS: SIERRA LEONE, EAST TIMOR, Kosovo AND CAM- BODIA 181-82 (Cesare P.R.