I. Special Representative of the UN Secretary General and the UN Center for Human Rights to Cambodia

1. Special Representative of the UN Secretary General

· The Special Representative of the UN Secretary General played an active role since 1993, and after UNTAC operation up to the general elections and the establishment of the Coalition Government in late 1998.

· With the normalcy and positive development now achieved by Cambodia, it is necessary that relationship between the UN and Cambodia be reviewed within which the Permanent Representative of Cambodia to the UN takes the responsibility for all Cambodian affairs with the UN, and thus, there is no more need for the presence of Special Representative of the UN Secretary General in Cambodia.

2. UN Center for Human Rights to Cambodia

The term of this Center is due to complete by March 2000, and now the request is submitted for another 2-year extension.

· With the end of the presence of the Special Representative of the UN Secretary General, we welcome the extension of the UN Center for Human Rights term for another 2 more years (from March 2000 to March 2002).

· With its extension for two more years, the UN Center for Human Rights should improve its activities, both in term of forms and substance, aimed at helping Cambodia in various important fields such as providing technical assistance to strengthen legal infrastructure, improving education on the rule of law and respect of human rights, building up capacity of human right institutions for legislative and executive branches and NGOs, assisting in establishment of the Supreme National Center for Human Rights, and contributing to the reform of the judiciary system. This is the way that assistance should be rendered to Cambodia, and we feel it is very important for the sustainability of democratic process and respect of human rights in Cambodia.

· The two parties are to arrange for a detailed agreement to be implemented.

II. The tribunal for Khmer Rouge leaders

· Successive aide memoire and statements of Cambodia have displayed the complicated nature of the KR problem which requires appropriate solutions so that justice is done for the Cambodian people and the leaders of genocide who had been neglected for more than twenty years are condemned and at the same time the newly reclaimed and fragile peace and national reconciliation preserved. The complexity of the KR issue is a package of problems which involved many people and countries including the UN, who secured the seat for the KR during their practice of genocide, from 1975 to 1979 and up to 1982, and from 1982 to 1993 as a fraction of the tri-parties coalition government and the Supreme National Council of Cambodia; and even as a legal faction in the Paris Agreement.

· Independence and sovereignty of Cambodia must be taken into consideration along with justice, peace and national reconciliation.

· With reference to the above mentioned and the fact that the two leaders of genocide are detained under the warrant of existing court in conformity with the law in force including the amended law for pre-trial detention period, recently adopted by the legislative bodies of Cambodia, and based on its national sovereignty, Cambodia has decided that the prosecution of the KR leaders be carried out by the existing tribunal of Cambodia with the assistance from international community on legal aspect and with the participation from the part of foreign judges and prosecutors in the proceeding at all three levels of Cambodian tribunal.

· The international assistance could be from His Excellency the Secretary General of the United Nations and from the Governments of UN member states in the form of bilateral assistance requested by Cambodia.

· It is worth stressing that we do not request to submit this issue for discussion either in the UNSC or UNGA. We also do not request for the establishment of a mixed tribunal nor any special court but just take into consideration the possibility of allowing foreign judges and prosecutors to participate in the existing national court of Cambodia to prosecute the KR leaders for their crimes of genocide and crime against humanity.

· The assistance we requested from the international community is the one which is applicable within the framework of Cambodia’s constitution and laws; and a draft of an additional law which clear the way for participation of foreign judges and prosecutors must also be in line with constitution and existing laws of Cambodia. Any additional law, which is not in line with the constitution and existing laws of Cambodia would not enjoy the support from the national legislative bodies. As such, it would be a step backward in our efforts toward prosecution of the KR leaders, which we would like to see the soonest possible.

· With regard to the assistance from the UN legal experts, we are grateful to them for their comments on our draft of an additional law, and for the provision of their draft law, certain parts of which will be incorporated into the new draft prepared by Cambodia.

· Although some progress has been made during many constructive talks, especially the general agreement on the need to bring the KR leaders, who are responsible for vast destruction and mass killing, to trial, we have to acknowledge that there are still differences on mechanism for judiciary proceeding. For Cambodia in line with its national sovereignty, the proceeding has to be carried out by the existing Cambodian court of law, and an additional law will need to be promulgated in order to accommodate foreign judges and prosecutors to participate in the court hearing. On the part of UN legal experts, their intention is to set up a special tribunal to carry out a special law in the Kingdom of Cambodia, which is in fact, outside the framework of the Cambodian Constitution and existing laws. This case could not be applicable. To ensure that the trial of KR leaders would proceed in accordance with the Cambodian constitution and existing judiciary system and to comply with the general principles of the universal justice. We would request His Excellency the Secretary General to consider the following three options for the participation or non-participation of the UN.

A/ To participate by providing UN legal experts to work with Cambodian lawyers and those from other countries to draft an additional law, and by assigning judges and prosecutors to participate in the legal hearing under the existing Cambodian tribunal;

B/ To participate by just providing legal experts, but not involve in the legal hearing which means that there will be no presence of foreign judges and prosecutors or any other officials in the legal proceeding, and

C/ To cease the involvement of the UN in the proceeding for the trial of KR leaders whereby Cambodia would proceed according to her wish national and international laws, and in conformity with her sovereignty.

· Based on the nature of the issue and the fact that has been and are happening, the UN may wish to or decide not to involve in this matter. There is no obligation for its involvement. But for Cambodia whether with or without foreign assistance there is no objective or subjective reasons to prevent her from prosecuting the KR leaders so as to provide justice to the Cambodian people and to punish those responsible for the crimes of genocide, crime against humanity and war crimes.

· Article 6 of the Convention on the Prevention and Condemn of the Crimes of Genocide provided that:

"Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the state in the territory of which the act was committed."

· The principles of international cooperation in the Detection. Arrest Extradition and Punishment of Persons Guilty of war Crimes and Crimes Against Humanity stipulated in the UNGA resolution 3074 (XXVIII) on December 3, 1973, point 2 that "Every state has the right to try its own nationals for war crimes against humanity."

Point 5 of the same document provided that:

"Persons against whom there is evidence that they have committed war crimes and crimes against humanity shall be subject to trial and, if found guilty, to punishment, as a general rule in the countries in which they committed those crimes…"

· With reference to the above mentioned, the Kingdom of Cambodia is fully entitled to prosecute the KR leaders since the offenders are Cambodian , the victims are Cambodians and the places where crimes were committed are in Cambodia Further more the offenders are under detention by the existing Cambodian court of law which is carving out investigation for the prosecution of those people and others to be charged by the said court.

· Cambodia would avail itself of this opportunity not only to ensure that justice is done for the Cambodian people, but also to put an end to the culture of impunity, which has been neglected for more than twenty years. It is a chance for Cambodia to convince the world of her firm commitment to the state ruled by law, and to be a master of all her affairs with full responsibility for justice, peace and national reconciliation.

· We believe that His Excellency the Secretary General and the international community will assist us to create favorable conditions for the trial that would allow Cambodia to preserve its national sovereignty in accordance with national and international laws. Cambodia should not be deprived from her inevitable rights to decide upon all vital matters of her own.

· We also believe that His Excellency the Secretary General and the international community would not object this process, which has been appreciated by both national and international public opinions that Cambodia should be able to exercise her own rights, with or without assistance from the international experts, to secure justice for her people, while preserving stability, peace and security in the country, as well as ensuring that her national sovereignty is respected.

· In closing, I would like to stress that the Royal Government of Cambodia can not afford to giving away national sovereignty and accepts anything that would give wrong impression to Cambodia’s capability to carrying out her own affairs. As it has been evidenced, Cambodia is capable to undertake this historical task since, on the one hand we have real political will to fulfill these obligations, and, on the other hand, we have achieved a strong national unity which forms a solid bases for this important work.

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