Quotation 1

អាគតដ្ឋាន ១

Justice and Money: A Case of Khmer Rough Trial

It is very interesting to ask a question of whether there is a justice without money. The case of the Extraordinary Chambers in the Courts of Cambodia (ECCC) can give some hints to understand this issue. This ECCC is a hybrid court created by the Royal Government of Cambodia and the United Nations to try senior leaders of the Khmer Rough who were the most responsible persons during the Pol Pot Regime, and to find justice for victims.

According to the Radio Free Asia (read this news), the ECCC is now looking for more money of about 100 million dollars, totaling 170 million dollars, and is planning to extend its existence up to the year of 2011.  There have been a concern that if this additional money cannot be obtained, the ECCC might be suspended or stopped by the end of this year. Another concern relates to the fact that most of the Khmer Rough leaders who have been arrested are getting older and older and that they might pass away before a formal trial is taken place. This raises a question of whether money is the key for finding justice. If the money can be obtained from various sources to complement the total amount up to 170 million dollars, the ECCC may continue and justice may be found although technical procedures may be problematic sometimes in the future.

However, if the ECCC could not get this additional money, and it had to be suspended or stopped; these would reflect that justice could not be provided without money. This will make stronger an argument, mainly believed by most Cambodian people, that “no money, no justice.” I am very concerned that these will fade out a hope of many victims and Khmers as a whole, a hope that they are hunger for more than 30 years. They will probably and completely lose their confidence and trust in the judicial system, in courts, and even in the same folks. And they might become people who can live without justice and liberty, and in turn they lose trust in each other, a trust that can help develop this poor country.

There are two possibilities that might happen in the future. First, the additional money might not reach to the amount they are asking. If so, the future of the ECCC is still uncertain and unpredictable. This will get very little trust from the public. Second, the ECCC can operate without money or operate with money that is not much as they are asking. In this case, the money they presently possess must be used in a constrained condition. Salaries of judges, prosecutors, lawyers, and other personnel should be reduced, new building construction should be stopped, unnecessary procedures should be eliminated, and other non-value added activities and facilities should be reduced.

Although the last option may provide justice that is not in compliance with international standards, it is at least workable (a “workable justice”). This option will requires very high commitment from judges, prosecutors, lawyers, and others who love justice and who want to give this justice to Khmer people and victims. I believe that they can do it if they really love justice, a true justice regardless of money and a genuine justice that many Khmer people want to see not only in or through this ECCC, but in general courts in Cambodia.

People in this country have already suffered too much from the present system of the courts of no independence and no impartiality. For this reason, I suggest that judges, prosecutors, lawyers, and others, who love and believe in fairness and justice and who want to show and give it to Cambodian people, sacrifice some amount of their salaries, time, power, and energy to make it happen for these miserable people who are extremely hunger for justice. I do not suggest that they give up all salaries and work for no money, but I appeal that they all work within this constrained budget to fight for this 30-year-waiting justice, and to fight for the independence and impartiality of a judicial system that this country and the people thereof have never known and experienced in her history.

No matter how much money the ECCC can get, it clearly shows that justice cannot be found without money. However, this piece of writing suggests that the ECCC can find justice for Khmer people and victims even within this constrained budget as long as judges, prosecutors, lawyers, and other relevant persons really love and want to give them a genuine justice. Even though it may be called a “workable justice” for it operates not in fully compliance with the international standards, this workable justice can be proved and given to these people mainly based on the professionalism, internationaly recognized, of these judges, prosecutors, lawyers, and others involved.

Life, Liberty and the Pursuit of Happiness

Here is a quotation from the Declaration of Independence, which is very important to understand what kind of rights belong to us and how the government exists and should play a role to protect these rights for each individual. It is the core principle of how the government and the governed are interrelated to each other and how we, as citizens in one nation, must understand the legitimate institution of the government.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

Let look at the Cambodian case. These fundamental rights have been incorporated in Chapter III of the Constitution talking about rights and obligations of Khmer citizens. Here are some important quotations:

Article 31: “[...]Every Khmer citizen shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, colour, sex, language, religious belief, political tendency, birth origin, social status, wealth or other status.”

Article 32: “Every Khmer citizen shall have the right to life, personal freedom and security.”

Article 35: “Any suggestions from the people shall be given full consideration by the organs of the State….”

Article 44: “Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security….”

From my observation, we are rarely demand a protection of our rights based on the principles set forth in this Constitution. We normally refer to the protection of Human Rights and claim that we are entitled to demand such protection from the state organs such as governmental institutions, courts, and others. Although the contents of the rights are almost the same, I believe that it is necessary, as a starting point, to point these principles in our Constitution and to understand as a whole that these principles must be observed by all because it is the supreme law of the state. No one can violate these principles, and as long as we do not refer and respect these constitutional principles, we agree to live in or agree to preserve such a lawless state.

គោលការណ៏សីលធម៌ក្នុងសង្គមខ្មែរ

នៅក្នុងសង្គមខ្មែរបច្ចុប្បន្ន ខ្ញុំសង្កេតឃើញមានអំពើជាច្រើន ដែលមនុស្សបានប្រព្រឹត្តិឡើង ដោយគ្មានគុណធម៌ និងសីលធម៌ ហើយសកម្មភាពទាំងនេះបានកើតឡើងម្តងហើយ ម្តងទៀត ដោយគ្មាននិន្នាការថយចុះជាដុំកំភួនបន្តិចណាសោះឡើយ។ សកម្មភាពទាំងនេះរួមមានដូចជា អំពើរំលោភសេពសន្ថវៈរវាងឪពុកបង្កើតមកលើកូនខ្លួនឯង ឬមកលើសាច់ញាតិខ្លួនឯង អំពើហឹង្សារវាង ប្តីប្រពន្ធ និងក្នុងគ្រួរសារ អំពើកាប់សំលាប់បងប្អូនឯង អំពើកាប់សំលាប់មនុស្សទាំងនៅពេល​ថ្ងៃត្រង់ចេះ អំពើពុករលួយ និងស្អុយរលួយនៅក្នុងស្ទើរតែគ្រប់ស្ថាប័ន និងបុគ្គល រួមទាំង ការប្រីប្រាស់ពាក្យអសុរោះដោយអ្នកដឹកនាំមួយចំនួន ក៏ដូចជាការជេរប្រមាថ មើលងាយជនជាតិ ខ្លួនឯង និងជនជាតិគេជាដើម។ល។ មានកត្តាជំរុញជាច្រើន​ដែលអាចបណ្តាលអោយអំពើ​ទាំងនេះកើតឡើង ដូចជា ភាពគ្មានច្បាប់ទំលាប់ ភាពមិនអាចអនុវត្តច្បាប់បានដោយជោគជ័យ ឬភាពមិនគោរពច្បាប់ទាល់តែសោះ​ ឬមានច្បាប់ដែរ តែមានចន្លោះប្រហោង។ ប៉ុន្តែនេះជាកត្តា ដែលសន្មត់ថា មាន​ ឬទាក់ទងនឹងការមានច្បាប់ វាមិនទាក់ទងទាល់តែសោះចំពោះចំនុចត្រង់ថា ហេតុអ្វីបានជាមនុស្សត្រូវគោរពច្បាប់ទាំងនោះ។ ត្រង់ចំនុចនេះ គេនិយមហៅវាថា “កាតព្វកិច្ចសីលធម៌ក្នុងការគោរពច្បាប់” ហើយជាបញ្ហាមួយដែលមិនទាន់បានដោះស្រាយអោយ ជ្រះស្រឡះនៅឡើយ និងអ្នកសិក្សាស្រាវជ្រាវកំពុងពិភាក្សាគ្នានៅឡើយ។ ខ្ញុំនឹងពិភាក្សាបញ្ហា នេះនៅក្នុងអត្ថបទផ្សេងទៀត តែក្នុងអត្ថបទនេះ ខ្ញុំចង់បង្ហាញថា អំពើទាំងប៉ុន្មានខាងលើអាច​បណ្តាលមកពីសង្គមខែ្មរយើងខ្វះខាតនូវគោលការណ៏សីលធម៌ដ៏រឹងមាំមួយ ឬក៏សង្គមខែ្មរយើង​មានដែរ តែគោលការណ៏សីលធម៌ដ៏រឹងមាំមួយនេះ មិនបានចាក់ឬសគល់ដល់បេះដូង និងចិត្តគំនិតរបស់អ្នកប្រព្រឹត្តិទាំងនោះ ដោយសារតែគ្មានប្រព័ន្ធមួយច្បាស់លាស់ ឬមានដែរ តែទន់ជ្រាយ ដើម្បីបណ្តុះបណ្តាល និងចាក់បញ្ចូលនូវតំលៃសីលធម៌ទាំងនេះទៅក្នុង សរសៃឈាម បេះដូង និងចិត្តគំនិតរបស់អ្នកទាំងនោះ។ នេះជាបញ្ហា ដែលយើងទាំងអស់គ្នាជាខែ្មរត្រូវយកចិត្តទុកដាក់ និងស្វែងរកមធ្យោបាយនានាដើម្បីដោះស្រាយ ទំលុះទំលាយបញ្ហាដ៏សំខាន់នេះ​ ហើយមុននឹងឈានដល់ដំណាក់នេះ យើងគប្បីយល់អោយ ច្បាស់ជាមុនសិនអំពីគោលការណ៏សីលធម៌ចាំបាច់មួយចំនួន។ នៅក្នុងអត្ថបទនេះ ខ្ញុំសូមដកស្រង់នូវគោលការណ៏សីលធម៌ចំនួនប្រាំ ពីសៀវភៅរបស់លោកសាស្រ្តាចារ្យ សរ សារុន ដែលមានចំនងជើងថា “អត្ថាធិប្បាយទស្សនវិជា្ជ” បោះផ្សាយនៅក្នុងឆ្មាំ ១៩៧៤ សំរាប់អោយ មិត្តអាន និងខ្មែរទាំងឡាយយកមកធ្វើជាការពិចារណាៈ

1.      សីលធម៌ផ្ទាល់ខ្លួន

①     ដឹងខុសត្រូវ

②     ស្គាល់ល្អស្គាល់អាក្រក់

③     តាំងខ្លួនជាម្ចាស់ចិត្តរបស់ខ្លួន

④     ក្លាហានក្នុងផ្លូវត្រូវ

2.      សីលធម៌ក្នុងគ្រួសារ

①    ឪពុកម្តាយចិញ្ចឹមកូនដោយពុំនឹកគិតដល់ការសងគុណតបមកវិញ ព្រោះជាមុខងាររបស់ឪពុកមា្តយ

②     ធ្វើអោយមានភាពសុខដុម

③     រៀបចំកូនអោយទៅជាពលរដ្ឋពេញលេញ

3.      សីលធម៌ក្នុងវិជ្ជាជីវៈ

①     មនសិការការងារ

②     រកស៊ីតាមសមត្ថភាព

③     រកស៊ីតាមសម្មាជីវោ

④     មិនរំលោភលើអ្នកតូចជាងខ្លួន

⑤    មិនធ្វើការហួសកំលាំងខ្លួនដែលនាំអោយមានជំងឺឥតប្រយោជន៏ 

4.      សីលធម៌ក្នុងសង្គម

①     មិនបែកបាក់គ្នា

②     មិនមើលងាយមនុស្សផងគ្នា

③     ស្រលាញ់យុត្តិធម៌

④     រាប់អានមនុស្សទូទៅ

⑤     ទទួលស្គាល់ទុក្ខវេទនារបស់អ្នកដ៏ទៃ

⑥     មិនឈ្លានពានអ្នកដ៏ទៃ

5.      សីលធម៌ក្នុងពិភពលោក

①    ការរួមរស់ដោយសន្តិភាពជាមួយប្រទេសដ៏ទៃ។

ខ្ញុំសង្ឃឹមថាខ្មែរម្នាក់ៗនឹងព្យាយាមសែ្វងយល់ពីតំលៃនៃគោលការណ៏សីលធម៌​ និមួយៗ ទាំងប៉ុន្មានខាងលើនេះ ដើម្បីធ្វើខ្លួនអោយទៅជាពលរដ្ឋ ដ៏ល្អ សំរាប់ប្រទេសជាតិ៕

Why Self-Understanding Important in Nationalism?

I start to ask this question after I revisited the concept of nationalism and I have tried to find out how this self-understanding can be built or can be promoted among Cambodian young generation so that they can feel the sense of nationalism. From my readings, self-understanding is very important to promote nationalism because by knowing ourselves clearly about who we are and where we come from, we are able to identify our own identity. Through this self-understanding, we can understand how we belongs to a group, how we belong together, and how we can interact together to develop a happiness and prosperity in the group.  In addition, we can understand and identify our own culture and society, then we are able to categorize ours as different from others. We can point out which ones are ours and which one belong to others.  When our self-understanding reaches to a degree, the sense of loving our group, our people, and our nation will emerge and strengthen nationalism among folks.

But how we can promote our self-understanding is another problem. I think there are many ways to do it, but I am interested in reading books talking about history. This is a very starting point to create self-understanding when being a student who is fresh and wants to know ourselves. By reading these books, we continuously learn what happened in the past, what is happening in the present time (by observation), and what will happen in light of this historical development.  Through this topic, I would like share three important books that help me to understand myself and to know the pain and the happiness this country has been through.

The first book is titled “Histoire de Cambodge” written by ADHEMARD LECLÈRE. From his book, I have learnt how the Kingdom of Cambodia emerged from the first time, especially from the time when most areas were covered by ocean of water. I have also learnt where Annam and Siem were located in that time. The second book is “When the war was over: Cambodia and the Khmer Rough Revolution” written by Elizabeth Becker. This book is very interesting for me, especially on how the Khmer Rough was formed and how they failed. One of the most important points I have learnt from this book, and I also share my personal view is that they failed because they did not trust each other. Finally they decided to kill each other because they had no trust. The residual legacy of this regime has left the sense of no trust-to-each-other to many people who have been through and this still remains in them. The third book was written by Nayan Chanda, “Brother Enemy.” This last book tough me how Vietnam and China intervened in the internal affairs of Cambodia, especially how these two countries involved and lead to the establishment of Pol Pot regime, especially a period before the collapse of the Khmer Republic. Brother Enemy told me why brothers of communism(Cambodia and Vietnam) bit each other on January 7, 1979. (These books are also available in English)

This is not an attempt of writing reviews on these books, but I am trying to point out important parts where I have learnt from and where I have never known from my previous generation. Cambodia is waiting for her young generation to know and understand her history of pain and suffering and Cambodia is crying for self-understanding from her people; otherwise, they will walk on the same track of no trust and no sense of loving each other. ..

New Investments in Cambodia

Today, I read two interesting news regarding investments in Cambodia which is totally about 50 million US dollars. The first investment project involves the production of agricultural products in Kampong Cham Province, amounting from 15 to 20 million dollars. This investment belongs to a well-known company called “KOBE BUSSAN” that for this moment has 400 stores (supermarkets) in 40 prefectures. This company will mainly plant cucumbers, giant white radishes, ginger, and potatoes for local supply and for exporting to Japan, and this project will employ 1000 farmers. This is a very interesting project for there is a high demand market in Japan for these agricultural products, for farmers can learn how to grow these products in modern ways (different fron traditional one), and for creating more jobs (read here for details: HERE). The second project was funded by an American company called “CROWNBEVERAGECANS (CAMBODIA) LTD,” the capital of which amounts to 30 million dollars. This company has just opened a new factory producing packaging materials for beverage products including beer cans. This company will employ 50 employees who will later be sent for training in Thailand, Singapore and Vietnam (for more detail click HERE). There two projects are so interesting since they will produce something that Cambodia should do for so long.

A Problem with Postal Services in Cambodia

This is not a new topic. This topic has been debated and discussed for a long time and many Cambodian people have also experienced with bad postal services. It has also been debated in a well-known blog, Kalyan , but I am not satisfied with their discussion since most parts did not try to touch on any practical problem. In in this piece of writing, I am trying to explain what exactly the real problem is (but not all problems related to postal services in Cambodia), how the present system works, and then figure out how to solve it by making some suggestions. Of course, I can look at this problem from different perspective, but this writing will mainly look at it from a legal aspect.

1. Introduction to the problem: There are many problems in providing postal services in Cambodia. Among those, the problem of lossing package or letter has become every well-known among Cambodian people, especially those who have communicated with outside world including their family members living or studying in foreign countries. Many Cambodian people could not get a letter or package sent from their family members or friends living abroad because this letter or package was lost at any point of unknown source. Some complained that it was checked and opened by postal officers who took all valuable things in the letter or the parcel, and then torn down to rubbish bins. Whether it is true or not, we could not claim since we have no evidence and we have no idea of how we can claim back the lost letter or package. To make it simple, we try to keep silent and let this practice continue without taking any action. From this, I can summarize that the main issue is how to reclaim the lost letter or package and the following part will point out how a present system can be used to solve this.

2. Present System to Reclaim Lost or Damaged Letters or Packages: In 2002, the Cambodian parliament adopted a postal law regulating the postal services in Cambodia (for main provision dealing this issue, please refer to Article 38 to 44).  Under Article 38, the sender or the addressee can lodge a complaint to the postal offices of Cambodia or other related entities to claim the lost or damaged letters or parcels (collectivly called “postal items”). This action must be done within six months from the date of posting. However, there are only four postal items that the sender or the addressee can claim: letters in form of registered items or express items, parcel postal items, insured items, and postal payment items. It does mean that normal letters cannot be claimed under the present system. I am not sure why these normal letters are not included in these categories, and even though the system does exist, why it has not been used frequently by normal people. Possible reasons include the fact that people do not know about this, the postal offices do not promote this system, people are hesitate to claim against government officials, or the system need more improvement. I will focus my discussion on the last one.

3. Problems with the present system and some comments: In order to claim the lost or damaged postal items, the sender or the addressee has to file a complaint with the postal services or other related offices. However, there are a number of questions that are not clear. First, the law does not mention which department is assigned to receive this kind of complaint. If the person who checked and torn down the lost or damaged items it is difficult to ensure that they are going to solve it. Second, we do not know which form, oral or writing, we can use to make the complaint and what evidence we must submit to these offices in order to make a valid claim. Third, after we submit the claim to these offices, how long we can get any compensation and if we do not agreed with the compensation, is there any system for making an appeal? In the penalties section, the law do not punish those who violate Article 38-44 of the Article. For this, it is easy for those officials to delay or even to pay nothing to the sender or the addressee. The postal law is silent regarding these issues, and as long as there is no any mechanism to fill this loophole, the present system cannot work effectively. The law just assigns the Ministry of Posts and Telecomminucation to issue two Prakas related to the rate of compensation, but not Prakas or regulation to make this system work. For these, I suggest to set up a new mechanism complementary to the present system, and then promote the awareness of this mechanism and this system to the public as a whole to let them know and use it as effective as possible.

This writing does not attempt to solve all problems related to the postal services in Cambodia. It just aims to point out one specific problem, the lost or damaged items, and then proposes some comments in order to solve it from a legal perspetive by considering the present system. I hope it contributes something for this country.  

Advice from Professor Joseph Stiglitz

Here are some advices from Professor Stiglitz on how to develop Cambodia (for more information please read press release from UNDP):

1. Sustainable Development
“Cambodia needs to sustain development by diversifying its products and export markets, and invest in infrastructure and human capital.”

2. Agricultural Development
“…,Cambodia could improve agricultural productivity by increasing extension services, improving market access through international certifications such as Sanitary and Phytosanitary (SPS) standards, and expanding rural credit.”

3. Intellectual Property Protection
“‘In adopting laws on intellectual property rights, it is important to design them in a way to protect Cambodia’s interest,’ said Dr. Stiglitz.”

4. Trade Policy
“…Cambodia should consider include ensuring that Bilateral Investment Treaties (BITs) align with Cambodia’s development needs and enhancing knowledge transfer from foreign firms to build local expertise.”

With his advice on these four areas, I hope Cambodian scholars will take them into account when examining these related areas and contribute strong arguments and policy recommendations regarding how to develop this country in a sustainable way.