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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 the 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 will 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 meting out justice for the most serious crimes against
international humanitarian law and Cambodian domestic law.
We appeal to 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.
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