Remarks by
His Excellency Sok An
Senior Minister, Minister in Charge of the Office of the Council of Ministers
Chairman of the Task Force for Cooperation with Foreign Legal Experts and
Preparation of the Proceedings for the Trial of Senior Khmer Rouge Leaders
at the Signing Ceremony of the
Agreement between de United Nations and the Royal Government of Cambodia
Concerning the Prosecution under Cambodian Law of Crimes Committed during the
Period of Democratic Kampuchea
6 June 2003 Chaktomuk Theatre, Phnom Penh
This is indeed a historic day for Cambodia and for all humanity.
I stand here today humbled by the task ahead of us as we move forward in partnership
with the United Nations to bring to account the perpetrators of one of the greatest
crimes of the 20th century, in which more than one third of the population of
Cambodia lost their lives.
I recall clearly the hushed atmosphere in August 1979, as witness after witness
gave moving testimony, speaking graphically of their own personal experiences
or presenting reports of field investigations on the common graves found throughout
the country and on the social problems faced by all sectors of the surviving
population.
In this very room we held the world's first genocide trial. At the time President
Heng Samrin expressed the confidence that “the tribunal of history, the
tribunal of mankind's conscience ... will join with the Kampuchean people in
pronouncing its verdict”.
We have waited a long time for this prediction to come true. Almost a quarter
of a century -- a whole generation -- has passed, during which geopolitical
complications stood in the way of a proper international recognition of the
crimes committed. Now at last we have emerged from that period.
Six years ago this month, Cambodia requested assistance from the United Nations
Secretary-General. I was honoured by my appointment by Samdech HUN SEN, the
Prime Minister in August 1999 to lead the Cambodian Task Force and to head the
Cambodian delegation through the five rounds of talks. For most of that time
my co-signatory here today, His Excellency Hans Corell has been my partner,
leading the team from the United Nations Secretariat
I take the occasion today to pay tribute to his work and to those on his team
from the Office of Legal Affairs and the Department of Political Affairs as
well as the United Nations representatives on the ground here in Phnom Penh
who have facilitated their visits.
I wish to express my heartfelt thanks to the Member States of the United Nations
who have maintained their confidence and commitment to this process, without
which we would not be signing the Agreement today. During the past four years
we have appreciated the assistance and advice given to us by all, especially
by France, Japan, Australia, India, the Russian Federation, Sweden, the United
Kingdom, the United States, and all the members of Asean. In 2002 twenty-seven
countries formed a Group of Interested States to deliver the mandate requested
by the Secretary-General; and thirty- three countries sponsored the resolution
successfully presented to the United Nations General Assembly.
Last but not least, may I thank the Cambodian Task Force and its Secretariat
and other members of the Cambodian who have worked tirelessly and under difficult
circumstances over this entire period.
During the past four years we have been engaged in complex and at times difficult
negotiations as we sailed in uncharted waters. Despite the fact that we were
fully entitled to prosecute the Khmer Rouge in a national court, and indeed
were obliged under the Genocide Convention to act, we sought international involvement
in the process, preferably through the United Nations. On the one hand because
we were all too acutely aware of the weaknesses in our judiciary, and we wanted
help to make certain this trial was able to meet internationally accepted standards.
On the other hand, we felt that it was appropriate for international participation
in dealing with these crimes against humanity as a whole.
I have no doubt that the road ahead mill also not be easy, as we move from the
negotiating phase to the implementation phase. Now the Agreement is signed,
we will pass it to the legislature for ratification in accordance with our internal
law and procedures. We expect that later this year we will be in a position
to establish the Extraordinary Chambers, which will have the heavy responsibility
of meeting justice for the most serious crimes against international humanitarian
law and Cambodian domestic law.
We all who have encouraged us along the way now to translate such expressions
of support into material terms, including making pledges to the United Nations
Trust Fund, nominating judges and other personnel of the highest calibre, and
making other contributions in kind. We want to make sure that the Extraordinary,
Chambers are established as soon as possible, and that they are at a level that
meets international standards.
It is likely that this historic Chaktomuk Theatre -- a pride of our architectural
achievement, and a showplace for Cambodian culture - may once again play the
role of silent witness to our people's suffering, as sessions of the Extraordinary
Chambers may be held in this room. This time we earnestly hope that the outcome
will be recognised and respected throughout the world.
On behalf of the Royal Government of Cambodia, I pledge to the souls of those
who perished, to their surviving relatives and friends, and to all our people
who suffered during the terrible period of three years, eight months and twenty
days to continue our efforts to reach a satisfactory legal and historical accounting
of the period of Democratic Kampuchea.
Thank you for your attention