Essay on The United Nations and its Mission to Cambodia KimKhorn LONG, MA.

IRs, PUC, ID: 61283 January 12, 2013 In European continent, there was a country among 27 called Germany which started her black era in 1930 by its strong man, Hitler, resulted in the Nazi Holocaust genocided millions of the Jews. It was operated by facist ideologies that celebrated against race, history, territory, and cultivation (Kiernan 1999). In Asia, Stalinism and Maoism provided the Communist Party of Kampuchea (CPK) the political means to rival this medieval model and restore the rural tradition of an unrealistic-imagined era when, Pol Pot asserted, our society used to be good and clean.1 Maoist reinforced a Khmer Rouge model for rural life and culture revolution. In the 1960s, Prince Sihanouks regime denounced KR revolution forces for inciting people to boycott schools and

hospitals and leave the towns. Rebelion said of Sihanouk, Let him break the soil like us for once.

As it spreaded through Cambodias countryside, the CPK divided Khmer society into classes. Theoritically, the working class was the leader, but in practice the three lower layers of peasants formed the base of the CPKs rural revolution. Territorial expansionism practiced the agrarian culture. There are more than 2 million Cambodian were killed during the Democratic Kampuchea regime. Later in 1978, the regime launched attacks against all Cambodias neighbours: Viet Nam, Laos and Thailand. The cost in Cambodian lives is unknown, but according to Hanoi, the Khmer Rouge killed approximately 30,000 Vietnamese civilians and soldiers in nearly two years of cross-border clashes.2 At those time, there was a small group of Khmer Rough soldier which dissatified with the regime and then started the faught to rescue Cambodia from the blood-thirty Pol Pot. But due to the weak force, this former KR soliders fail and ran into Vietnam to ask for help from the VNs leaders. The deal accepted and then VN soliders about 100,000 moved into Cambodian territory at the end of 1978.

Democratic Kampuchea, Angkor (1976 typescript), 11; Democratic Kampuchea is Moving

Forward (Phnom Penh, 1977), 6, 2; David P. Chandler and Ben Kiernan, eds., Revolution and Its Aftermath in Kampuchea (New Haven, 1983), 35; Pol Pot, Toussena: sopheapkar padevatt kampuchea baccabon, 13 (?) July 1978, 16.
2

Far Eastern Economic Review, 14 July 1988, 14.

On January 7, 1979, the rescued force won the war and left Cambodia four factions Pol Pot force, Heng Samrinn force, Sinhanouk force and Son Sann force. The People Republic of Kampuchea (PRK) was led by former KR members Heng Samrin as President and Pen Sovann and then Chan Si and later Hun Sen as Prime Minister backing up Vietname. It was unable militarily to defeat the remaining Khmer Rouge force, which stationed along the Thai-Cambodian border, together with two less powerful anti-government guerrilla factions: the royalist FUNCINPEC founded by Prince Sihanouk; and the republican Khmer People's National Liberation Front (KPNLF) led by Lon Nol's former Prime Minister Son Sann. The three factions-under considered as external pressure and then formed the so-called Coalition Government of Democratic Kampuchea (CGDK), which received aid from China, Thailand and the West.

The United Nations did not reconige the existence fo VN force in Cambodian territory. The UN organized several meetings in Indonesia, France and at its headquarter in New York, USA, aiming to bring the four factions on table and produce peace agreement so-called Paris Peace Agreement passed on October 23, 1991, to cease fire and restore the sociopolitical and economic system of Cambodia back to normalcy. According to Paris Peace Accord 91 which passed after the Conference was held in two sessions, the first from 30 July to 30 August 1989, and the second from 21 to 23 October 1991 under the co-Presidents of the Conference, H. E. Mr. Roland Dumas as Minister for Foreign Affairs of the French Republic, and H. E. Mr. Ali Alatas as Minister for Foreign Affairs of the Republic of Indonesia. The UNs missions in Cambodia through the United Nations Transitional Authority in Cambodia (UNTAC) were divided into three catagories depending on the agreement: (1) Mission Concerning the Sovereignty, Independence, Territorial Integrity and Inviolability, Neutrality and National Unity of Cambodia; (2) Mission on a Comprehensive Political Settlement of the Cambodian Conflict; (3) Mission on the Rehabilitation and Reconstruction of Cambodia.

The UNTAC was created by the Security Council on 28 February 1992. Akashi, chief executive of UNTAC, arrived in Phnom Penh on 15 March, five months after the Paris Accords had entered into force. Battalions from nearby countries-Indonesia, Malaysia and Thailand were asked to deploy rapidly to establish a UN military presence for his arrival. The rest of UNTAC barely existed. As Akashi diplomatically put it, UNTAC would have been more effective had its deployment in Cambodia been expedited by a more prompt arrival of military and civilian personnel and a more rapid dispatch of vehicles, prefabricated housing, office and communication equipment, and other necessary infrastructure.

Basically, the UNTAC help Cambodia to undertakes in maintaining, preserving and defending its sovereignty, independence, territorial integrity and inviolability, neutrality, and national unity; the perpetual neutrality of Cambodia proclaiming and enshrining by the Cambodian constitution to be adopted after free and fair elections.

To acheive these mission, the UN propose Cambodia: (a) To refrain from any action that might impair the sovereignty, independence and territorial integrity and inviolability of other States; (b) To refrain from entering into any military alliances or other military agreements with other States that would be inconsistent with its neutrality, without prejudice to Cambodia's right to acquire the necessary military equipment, arms, munitions and assistance to enable it to exercise its inherent right of self-defence and to maintain law and order; (c) To refrain from interference in any form whatsoever, whether direct or indirect, in the internal affairs of other States.

Furthermore, (d) To terminate treaties and agreements that are incompatible with its sovereignty, independence, territorial integrity and inviolability, neutrality, and national unity; (e) To refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations; (f) To settle all disputes with other States by peaceful means; (g) To refrain from using its territory or the territories of other States to impair the sovereignty, independence, and territorial integrity and inviolability of other States; (h) To refrain from permitting the introduction or stationing of foreign forces, including military personnel, in any form whatsoever, in Cambodia, and to prevent the establishment or maintenance of foreign military bases, strong points or facilities in Cambodia, except pursuant to United Nations authorization for the implementation of the comprehensive political settlement.

Beside the general mission, the UN propose Cambodia to undertake the free and fair election in article 12 stated that the Cambodian people shall have the right to determine their own political future through the free and fair election of a constituent assembly, which will draft and approve a new Cambodian Constitution in accordance with Article 23 and transform itself into a legislative assembly, which will create the new Cambodian Government. This election will be held under United Nations auspices in a neutral political environment with full respect for the national sovereignty of Cambodia. In term of Human Rights, all persons in Cambodia and all Cambodian refugees and displaced persons shall enjoy the rights and freedoms embodied in the Universal Declaration of Human Rights and other relevant international human rights instruments to ensure respect for and observance of human rights and fundamental freedoms in Cambodia - (a) To support the right of all Cambodian citizens to undertake activities which would promote and protect human rights and fundamental freedoms; (b) To take effective measures to ensure that the policies and practices of the past shall never be allowed to return; (c) To adhere to relevant international human rights instruments.

The UN help Cambodia to ensure that the International Community undertake to maintain, preserve and defend, and the other Signatories undertake to recognize and respect, the sovereignty, independence, territorial integrity and inviolability, neutrality and national unity of Cambodia, as set forth in a separate Agreement. In term of

Refugees and Displaced Persons, upon entry into force of this Agreement, every effort will be made to create in Cambodia political, economic and social conditions conducive to the voluntary return and harmonious integration of Cambodian refugees and displaced persons. As for Release of Prisoners of War And Civilian Internees, the release of all prisoners of war and civilian internees3 shall be accomplished at the earliest possible date under the direction of the International Committee of the Red Cross (ICRC) in coordination with the Special Representative of the Secretary-General, with the assistance, as necessary, of other appropriate international humanitarian organizations and the Signatories.

In term of Rehabilitation and Reconstruction, the UN and Signatories urge the international community to provide economic and financial support for the rehabilitation and reconstruction of Cambodia, as provided in a separate declaration. Moreover, the Signatories shall, in good faith and in a spirit of cooperation, resolve through peaceful means any disputes with respect to the implementation of this Agreement and Signatories request other States, international organizations and other bodies to cooperate and assist in the implementation of this Agreement and in the fulfilment by UNTAC of its mandate providing their full cooperation to the United Nations to ensure the implementation of its mandate, including by the provision of privileges and immunities, and by facilitating freedom of movement and communication within and through their respective territories.

To achieve overall objectives, the UN mandated UNTAC in accordance with Article 6 of the Agreement to exercise the powers necessary to ensure the implementation of this Agreement, including those relating to the organization and conduct of free and fair elections and the relevant aspects of the administration of Cambodia. The UNTAC can establish and use any mechanism in order to resolve all issues relating to the implementation of this Agreement which may arise between the Secretary-General's Special Representative and the Supreme National Council (SNC) such as (a) The SNC offers advice to UNTAC, which will comply with this advice provided there is a consensus among the members of the SNC and provided this advice is consistent with the objectives of the present Agreement; (b) If there is no consensus among the members of the SNC despite every endeavour of its President, H.R.H. Samdech Norodom Sihanouk, the President will be entitled to make the decision on what advice to offer to UNTAC, taking fully into account the views expressed in the SNC. UNTAC will comply with the advice provided it is consistent with the objectives of the present Agreement;

"civilian internees" refers to all persons who are not prisoners of war and who, having contributed in any way

whatsoever to the armed or political struggle, have been arrested or detained by any of the parties by virtue of their contribution thereto.

And (c) If H.R.H. Samdech Norodom Sihanouk, President of the SNC, the legitimate representative of Cambodian sovereignty, is not, for whatever reason, in a position to make such a decision, his power of decision will transfer to the Secretary-General's Special Representative. The Special Representative will make the final decision, taking fully into account the views expressed in the SNC; (d) Any power to act regarding the implementation of this Agreement conferred upon the SNC by the Agreement will be exercised by consensus or, failing such consensus, by its President in accordance with the procedure set out above. In the event that H.R.H. Samdech Norodom Sihanouk, President of the SNC, the legitimate representative of Cambodian sovereignty, is not, for whatever reason, in a position to act, his power to act will transfer to the SecretaryGeneral's Special Representative, who may take the necessary action; (e) In all cases, the Secretary-General's Special Representative will determine whether advice or action of the SNC is consistent with the present Agreement. The Secretary-General's Special Representative or his delegate will attend the meetings of the SNC and of any subsidiary body which might be established by it and give its members all necessary information on the decisions taken by UNTAC.

To my study and understanding, I think UNTAC fail in three missions at least - economic development, Vietnamese soldiers withdrawal and disarmament. There were meetings among all stakeholders demanding UN peace keeping forces to monitor the withdrawal of invaded Vietnamese soldiers but VN backed-PRK government denied on the proposal and at last the withdrawal of VN forces undertook bilaterally between PRK and the VN force without the UN monitoring. According to Paris Peace Accord 91, the UN proposed to Cambodia to practice Market Economy Regime. In theory, market economy system aiming to boost Cambodian economic growth and raise the living standard of its people but as what we have known that good market economy need good market regulation to guarantee the fair competition but at those time Cambodia not yet have good market regulations in place so the proposed market economy not only boost Cambodian economy but, unintentionally, give opportunity to foreign investors, in particular, to exploit millions of dollar and left 70% of Cambodian citizens live under poverty line along with weak market economic system. As for disarmament, even though UNTAC launched a campaign aiming to disarm all factions fighters but the goal did not accomplished and the rebel force, Pol Pot, still arm along the Thai-Cambodia border, especially, in Sam Lot district located in Batambang province to fight against the PRK even until 1995.

Even though, the UN fail in three missions but the UN succeed in six missions, at least, such as Paris Peace Accord 91, free and fair election 1993, ratified Universal Declaration of Human Rights (UDHR) by Cambodian government, good constitution which led to the establishment of Supreme National Council (SNC) administrative authority, obliged all signatories and international community provide development aid, and the process for the voluntary return of Cambodian refugees which situated in the camps along the Thai-Cambodia

border. First, as what revealed by many researched studies that even though ASEAN which Cambodia not yet a member of at those time had tried to bring the peace talk between all factions but it did not exist, as for the UN, she persuaded all factions to have peace talk and lastly came up with the Paris Peace Agreement 1991 that, later on, used to be the model to address all social-economic and political problems not only in Cambodia but for the other conflict-likes across the region also example, UNTAC was to be structured into seven componentshuman rights, electoral activities, military, civil administration, civil police, repatriation and rehabilitation.

Second, in term of election in 1993, Cambodia used to hold election during the first constitutional monarchy regime ruined under the prince Sihanouk namely The Sangkum Reastr Niyum 1955-1970 but not really free and fair election, basically. In the second constitutional monarchy regime 1993, the UNTAC held a free and fair election ever after the Democratic Kampuchea Regime. The Electoral Component was entrusted with organizing and conducting a free and fair election. Among its responsibilities was the drafting, in consultation with the SNC, of a legal framework for the election, including an electoral law, regulations to govern the electoral process and an electoral code of conduct. Other aspects included civic education and training, registration of voters and political parties and the polling process itself. The Electoral Component would consist of 72 international personnel operating from headquarters and 126 personnel at 21 provincial and municipal centres. Under their supervision more than 400 UNVs would operate from each of the 200 districts. Electoral personnel would be supplemented by 800 Cambodian teams (4000 personnel) during the three- to four-month voter registration period, and, for the polling process, by 1000 International Polling Station Officers (IPSOs) and 8000 Cambodian electoral teams (56 000 personnel).

Third, long time ago, all Cambodian leaders, especially after the Pol Pots regime, Khmer politicians use agraian cult and violence as the basic mean to achieve social-economic and political goal due to the Paris Peace Accord 91 along with the existence of UNTAC, Cambodia ratified and adopted the Universal Declaration of Human Rights (UDHR) in all aspects of activities, to some extent, fandamental freedoms was ensured. Example, the UNTAC launched many principal activities such as: (a) human rights education campaign; (b) general human rights oversight of all existing administrative structures; and (c) establishment of a mechanism for investigating allegations of human rights abuses during the transitional period. A human rights office at headquarters in Phnom Penh would be the central policy-making and coordinating body, with specialists in human rights advocacy, civic education and investigation and liaison.

Fourth, in term of legislation, the UNTAC helped SNC to establish the constitution that guarantee the liberal democratic system, free and fair election, freedom of information, freedom of expression, multi parties sytem, independent judicial system, market economy regime, freedom of demonstration, freedom of association,

freedom of religion etc...to ensure and restore the fail Cambodian state to establish the liberal social organizatin Royal Government of Cambodia (RGC) after the election in 1993. Furthermore, the UN created the Civil Adminstration Authority component that Cambodia can use as a model later on. For instance, The role of the Civil Administration Component was to exercise direct control over Cambodia's existing administrative structures in the fields of foreign affairs, national defence, finance, public security and information. It would also receive and investigate complaints. Together, the Human Rights and Civil Administration components would comprise some 224 specialists, assisted by 84 international support staff, and would operate at UNTAC headquarters, from offices in the 21 provincial and municipal centres and, especially in regard to the dissemination of information and civic education, from offices in all the estimated 200 districts in Cambodia. And furthermore to set up some model national authority for Cambodia such as The Police Component, comprising civil police monitors (CivPols), was given the task of supervising or controlling the estimated 50 000 local civil police to ensure that law and order were maintained effectively and impartially and human rights and fundamental freedoms fully protected. It would operate throughout Cambodia from offices to be established in the 21 provincial and municipal centres and the 200 district offices. The latter would operate as mobile teams.

Fifth, as what we have known that even though fail to boost economic growth and development but depending on the Agreement the UN in accordance witth the international community not only granted 400-500 millions dollar as social aid to develop the neccessity elements as the ground of the State which demolished in the Pol Pots regime but provided techinical assitances both soft infrastructure and hard infrastructure to thengovernment after 1993 election also. Sixth, the UNTAC helped Cambodian goverment to repatriate the hundred thousands of refugee situated along the Thai-Cambodia border by the establishement of The Repatriation Component would work with the UN High Commissioner for Refugees (UNHCR), designated the lead agency, in the repatriation and resettlement of Cambodian refugees and displaced persons. Its tasks would include the movement of returning refugees, the provision of immediate assistance and food and the establishment of a reintegration programme. Appropriate border crossing points and routes would be designated and cleared of mines and other hazards. Repatriation was expected to be completed within nine months. A memorandum of arrangements between UNHCR and Thailand was intended to 'define the modalities' of all aspects of the repatriation programme.

In the present time, I think the UN should do three things, at least, for Cambodia to further improve its development and the quality of life of Cambodian people such as to ensure the free and fair election by demanding the Royal Government of Cambodia to reform the electoral system that enable every politician and ordinary citizens to practice their political and civil right properly without intimidation and the threat from the

using the court as the political tool to zip the opposition voices, to dialogue with the government to ensure the practices of human rights is guaranteed by the State eliminating the social unrest and citizens violations/abuses regarding to land grabbing, freedom of expression, freedom to information as the concerns that have raised and written in the report of Mr. Surya Subedi, UN special reporter in charge of human rights monitoring in Cambodia, to the High Commissionaire of UN Human Rights recently for example, in the last 10 years, at least, there were 400,000-500,000 families evicted forcibly from their land and home, and finally the United Nation in accordance with its agencies have to ensure with the Cambodian government that the annual international aid used responsibly for the real development for the sake of Cambodian citizens and in the respect of human rights and international law.