Thirty years ago Cambodia endured a nightmare lasting for 45 months. Orchestrated by the Khmer Rouge, during these dark and terrifying months, more than three million people lost their lives. Today, many approaches have been suggested for seeking justice and healing after the Khmer Rouge genocide. Personally, I believe there are several approaches the Cambodian government may use to achieve these goals, including criminal prosecutions, memoralizational programs, and reparation programs. Furthermore, in order for a country to recover and progress, its people must heal first. Therefore, in addition to these transitional methods, I believe the role of religion is important for individual healing, and will thereby promote greater reconciliation.
Retributive versus Restorative Justice
Transitional justice may be divided among two major schools of thought: retributive justice and restorative justice. Retributive justice focuses on criminal prosecution and punishment (1). In a traditional sense, the “eye for an eye” approach. In contrast, restorative justice seeks reconciliation through processes, such as victim empowerment programs that restores their dignity and promote healing (1).
An application of retributive justice to Cambodia would require line-drawing between the perpetrators and victims of the Khmer Rouge. However, everyone was affected by the dark years of the past and lost loved ones. It does not appear to be a clear distinction between the victims and the perpetrators, especially among lower level cadres. One statement by the Khmer Rouge defines the enemy as “everything which is non-revolution and against the revolution.” Thus, many Khmer cadres, fearing for their lives, would have felt they had no choice but to follow orders. Therefore, instead of attempting to distinguish perpetrators and victims, I believe justice and reconciliation is best achieved through a combination of retributive justice and restorative justice.
Restorative justice focuses on healing and reconciliation for the individual and community. In response to the traumas of genocide, institutions should be established in Cambodia to promote national unity. During the Khmer Regime, people were stripped of their identities and forced to ignore their respective cultures. Restorative justice will enable people to reconnect with their past while mending the wounds of the society. Restorative Justice programs allow victims to have their voices heard, their questions answered, and provide a space for those who would be viewed as perpetrators to “confront their humanity” (1). While it may be too much to ask from the victims to forgive the perpetrators, restorative justice provides the tools necessary to bridge the gap between the two groups; allowing for healing and movement towards national reconciliation (1).
Reconciliation
Amstuz introduces reconciliation as a process or condition (1). He states that that “as a process, reconciliation is viewed as a tool to heal broken relationships by replacing anger and enmity with empathy, tolerance and trust” Whereas reconciliation as a condition, “is conceived as a state of peaceful, harmonious relationships and as an environment where former enemies express mutual trust, demonstrate cooperation, and work out disagreements peacefully.” I believe Amstuz’s definition of reconciliation overlaps with restorative justice. According to Elizabeth Kiss, there are four elements of restorative justice: “the restoration of victims’ human dignity, accountability for offenses, restoring respect for human rights, and the promotion of reconciliation” (1). Consequently, both approaches promote understanding, and may lead Cambodia towards reconciliation.
Suggestions for Reconciliation
In addition, I believe that a combination of memoralizational efforts, criminal prosecutions and reparation programs Cambodia will be able to achieve reconciliation. I believe that this combination includes the elements of restorative justice that Elizabeth Kiss brings to our attention, and is the most applicable and appropriate for Cambodia .
Memoralizational efforts
Memoralizational efforts or programs are crucial to bring together a nation to confront its past. I believe that such programs have greater effect on an individual and societal level, rather than on a national level. Several such Cambodian-initiated programs are currently underway. I have faith that these programs will only increase with time due to the dedicated work of NGOs such as the Documentation Center of Cambodia. Sites like the Toul Sleng genocide museum, and Choeung Ek, the former Khmer Rouge killing field-turned memorial site, provide spaces where people can convene and mourn. By grieving together, they may be strengthened by realizing they are not alone, and that those who are lost are not forgotten. In an interview with Norng Chanpal, a Toul Sleng survivor, Chanpal stated how he would visit Toul Sleng after 1979 to try and remember his past. Chanpal is an example of how facing the past bravely is one of the initial steps in reconciliation and recovery.
Additionally, memorial sites give victims dignity and respect in their death. Today these physical spaces have become tourist destinations and thereby increase international awareness. While many survivors are attempting to move on with their lives, most of them do not want their loved ones to be forgotten. Norng Chanphal states that he “believed that it is very important to educate the youth of today about the past especially since this was an incident where Cambodians killed other Cambodians” (5).
Memoralizational programs are not limited physical sites. May 20th is honored as the “Day of Hatred” in memory of those who were killed by the Khmer Rouge. This year, approximately 2000 people gathered at a Choeung Ek to watch students reenact the torture and killings which occurred there (6). These events bring communities together and educate on a larger platform. Currently, the majority of Cambodia ’s population is born after the Khmer Regime and therefore knows very little of its brutal past. Therefore such events maintain the memory of those lost and educate a large people of all ages. While memoralizational efforts can be presented to the public in many forms, all efforts will further the healing process and initiate steps necessary for national reconciliation.
Reparation Programs
Reparation programs are programs aimed at rebuilding and repairing the damage caused. According to the International Center of Transitional Justice, reparation programs “are state-sponsored initiatives that help repair the material and moral damages of past abuse” (4). However, I believe programs initiative by nongovernmental organizations (NGOs) carry more hope and promise in Cambodia , given its past success. In my view, if the government was to be solely in charge of all the projects, bureaucracy and governmental politics would inhibit the success of these programs. The Documentation Center of Cambodia has proven to be a success with regards to reparation programs. From my experience at the center, I have found the center to be a group of passionate people who are willing go the extra mile to reach more people. They deeply care for DC-Cam’s causes and are driven by humanitarian reasons rather than financial reasons. It is clear that the DC-Cam staff is the key to their success of reaching people and sharing their stories. For example, DC-Cam has dedicated a unit to increasing victim empowerment through victim participation, and uses the media and publications to educate them about the trial process. DC-Cam is an example of how NGOs may assist in reconciliation and healing for individuals and the nation. DC-Cam’s projects educate, increase awareness of the genocide, and help people find answers to the questions they have about their loved ones and about their past. Without the efforts of such NGOs to find out and record information about the past, these answers would never be found.
Truth Commissions
Truth commissions are also useful for survivors. Truth Commissions provide a forum where people can come and confess about their offenses as well as shed light onto a troubled and murky past of a nation that has suffered human rights violations. Based on the Truth and Reconciliation Commission (TRC) in South Africa , a similar commission may assist the reconciliation process in Cambodia (1). Survivors are most interested in understanding what took place. Since past perpetrators are given amnesty from their confessed crimes, I believe that they will be more open to providing victims with the truth. In South Africa , the TRC was able to bring the community together and raise awareness through to widespread media coverage (1). While truth commissions have the potential to reveal the buried stories of the past, I believe that the Extraordinary Chambers in the Courts of Cambodia would be insufficient for this forum. It seems unlikely that there would be adequate support from the government, media coverage, the public, or adequate financial resources, while the ECCC is in session.
Criminal Prosecutions
His Excellency Sok An, Deputy Prime Minister of Cambodia , stated that the ECCC “is a Cambodian court with international participation that is applying international standards” (7). The ECCC has the power to unleash the truth to a huge audience since information about the proceedings are being televised, played on the radio, and accessible on line (7). Additionally, the ECCC presents a model of law proceedings in open court, has implemented youth outreach programs, and allows victims to reconcile with their past by viewing the perpetrators on trial (7).
However, the ECCC also has its shortcomings. First, I believe that certain offices of the court are not prepared and this causes delay. Information is not always ready and the entire process of translation into three languages causes further delays. People have been waiting for more than thirty years for a proper form of justice, and I believe such delays must not be tolerated.
Second, while there appears to be a lot of media coverage, many living in remote areas outside of the capitol are unaware of the proceedings. Several NGOs, such as DC-Cam, have been working to raise awareness on the trial. While these efforts need to increase, the location of the trial itself presents a challenge. The trial takes place just outside of the capital, Phnom Penh , in the Dangkor District. It is not easily accessible to all especially by those living in the provinces that are away from the capital.
Third, the ECCC is creating a significant financial burden to the nation. I propose that international pressure be placed on ASEAN to play a role in the ECCC and provide financial support.
Fourth, corruption allegations could threaten the integrity of the court. For example, that certain court officials have received financial resources in exchange for jobs in the court (2). The defense lawyers have used this information as evidence that their clients are not being fairly tried since the judges could be involved in this corruption scandal (3). I feel an “independent” body should investigate this issue and resolve this matter so the defense lawyer cannot use this as a means to deter a just a sentence towards the accused (3).
Despite such shortcomings, I believe that the ECCC holds much promise and is a big step towards national reconciliation. Kofi Annan stated that “The success of the Extraordinary Chambers will stand as a beacon in the region, signaling that the sinister culture of impunity, is indeed, being replaced by a culture of accountability.” And I believe the ECCC represents a fresh chapter in Cambodian history and will provide the platform and the foundation that is essential for the nation to move on.
Buddhism and Reconciliation
From my own experience in Sri Lanka , I have seen the power of religion to heal those who have endured years of suffering. Similarly, I believe religion plays an important role in Cambodia . Theravada Buddhism is the most practiced religion in Cambodia . This religion teaches compassion, forgiveness, and believes good deeds can “win over” the bad deeds (8). Buddhism also teaches that “doing good” to all will overcome a horrendous past and repel desires of vengence. In one DC-Cam survey, an individual stated that “We suppress vindictiveness by not being vindictive”.
The Buddhist teachings also advocate for a fair trial. Suzannah Linton, in her book “Reconcilliation in Cambodia ” discusses the effect Buddhism may have on reconciliation. Linton compiles quotes from Cambodian spiritual leaders to show Buddhist principles align with proceedings of a fair trial; “When the accused are charged with their crimes, people will be happy and stop worrying and accusing each other. Only then will Cambodians begin to think about long-lasting peace and national reconciliation, befriend one another, have pity on each other, and rebuild the county towards prosperity” (8).
Buddhism is not the only religion that will help with reconciliation. Cambodia is home to many practicing religions. All religions teach similar principals of peace, forgiveness, tolerance and compassion. This nation was radically changed when people were forced to forgo their identity, religion and culture during the Khmer Regime. Now, people can practice the religion they wish and embrace their culture. Therefore, by embracing their religion, culture, and identity, Cambodians are another step away from those dark years of the Khmer Regime.
The Role of Youth
National reconciliation will require a combination of the ECCC, memoralization efforts, reparation programs and the personal practice of religion. Consequently, each method will play a role in educating Cambodians about the past. I believe that educating Cambodia ’s youth about the Khmer Regime is crucial for the future of Cambodia . By educating the youth about the past we can make sure this does not happen again. If Cambodia is to achieve national reconciliation, I believe it depends on the passion of the people. Education initiatives will teach students about justice and reconciliation to become just and fair leaders. Cambodian youth are a treasure chest with the potential to make Cambodia into a prosperous nation. The future of Cambodia lies with the youth of today and education is the key to unlocking their potential.
Bibliography
March R. Amstutz, “Restorative Justice, Political Forgiveness, and the Possibility of Political Reconciliation,” Ch. 6 in The Politics of Past Evil: Religion, reconciliation and the dilemmas of transitional justice, ed. Daniel Philpot (Notre Dame, IN: University of Notre Dame Press , 2006), pp. 151-188.
Wilkins, Georgia . "Judges must address alleged ECCC kickback scheme, lawyers say." The Phnom Penh Post 7 May 2009.
"Corruption Allegations at Khmer Rouge Court Must Be Investigated Thoroughly." Open Society Justice Initiative. 22 June 2009
"What is Transitional Justice? - International Center for Transitional Justice." International Center for Transitional Justice. 23 June 2009
Chanphal, Norng. Interview with Kiel Stroupe. Boeng Chumpun , Cambodia : 1 June 2009.
"'Day of Anger' in Cambodia ." The Strait Times 20 May 2009.
An Introduction to The Khmer Rouge Trials. Phnom Penh : Public Affairs Section, ECCC, 2008.
Linton, Suzannah. Reconcilliation in Cambodia . Phnom Penh : Documentation Center of Cambodia , 2004.
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