PRESS RELEASE OF
SENATOR MCCONNELL
STATEMENT
OF U.S. SENATOR MITCH MCCONNELL
SENATE
FOREIGN OPERATIONS APPROPRIATIONS SUBCOMMITTEE *SECRETARY OF STATE COLIN POWELL
TESTIFIES BEFORE MCCONNELL#58808; COMMITTEE* WEDNESDAY, APRIL 30, 2003
U.S. Senator Mitch McConnell (R-KY)
delivered the following statement today during the Senate Foreign Operations
Appropriations Subcommittee hearing on the FY04 budget request for the State
Department. Testifying before McConnell#58808; committee was Secretary of State
Colin Powell.
#58937; welcome, Mr. Secretary. It
is always a pleasure to have you appear before this Subcommittee.
#58926; let me begin by expressing
my gratitude to the President, his entire Cabinet, and our soldiers and sailors
for the quick and decisive victory in Iraq. Once again, we have affirmed that we
have the best trained, equipped and disciplined military in the world, and the
best leaders on and off the battlefield.
#58934;he victory in Iraq belongs to
the people of Iraq, and the challenge now falls upon the coalition to repair
damaged infrastructure, establish democratic institutions, and vest the
principles of freedom and justice in the consciousness and lives of the Iraqi
people. While Congress included $2.5 billion for these efforts in the war
supplemental, the country#58808; natural resources provide an advantage that
will hopefully sustain and accelerate the reform and recovery process. The
United Nations should immediately end the sanctions against Iraq so that profits
from these resources can go directly to the people of Iraq.
#58937;hile some believe that
political transition in Iraq alone will be a harbinger of reform throughout the
region, a more effective catalyst for change comes in the form of a trinity: (1)
a quick and successful democratic transition in Iraq; (2) a workable roadmap for
security and peace between Palestinians and Israelis that includes new
Palestinian leadership that, first and foremost, actively combats terrorism;
and, (3) a bold, new approach to America#58808; support of political and legal
reforms across that region.
#58923;f this trinity is realized,
the impetus for political reforms throughout the Middle East will be inevitable
and unstoppable. The Arab street will find a voice in democratic institutions
and through responsive leaders chosen by ballots' not bullets, bullying, or
Israel bashing.
#58934;he state of political reform
in Egypt, including adherence to the rule of law and the functioning of
democratic institutions, provides a good barometer of democratic change in the
region. I believe that as goes Egypt, so goes the Middle East.
#58933;hifting to North Korea, the
Hermit Kingdom#58808; ongoing bluster and its appalling repression of the North
Korean people continue to be a grave concern to many of us. Although attention
to North Korea#58808; nuclear program may have been overshadowed by military
operations in Iraq, I am hopeful the State Department will continue to focus on
the myriad challenges posed by this nation. From nuclear weapons to narcotics
trafficking and a potential North East Asian nuclear arms race, the North Korean
regime poses a growing and dangerous threat to its neighbors and the United
States.
#58928;egotiating with North Korea
is no small or easy task. This is a country that makes France look trustworthy.
#58926; let me make a few comments
on the fiscal year 2004 request for foreign operations. Over $2 billion is
requested for four new accounts that potentially offer more rapid responses to
global crises. It would be helpful to the Subcommittee if you could summarize
the objectives of each of these new accounts the Millennium Challenge Account,
the U.S. Emergency Fund for Complex Foreign Crises, the Famine Fund, and the
Global AIDS Initiative and provide greater detail on the management of these
funds, and overlap, if any, with existing foreign assistance programs.
#58934;he funding request has again
been reduced for the Assistance for Eastern Europe and Baltic States (SEED) and
Assistance for Independent States (NIS) accounts by $86 million and $179
million, respectively, below the fiscal year 2003 enacted levels. While I fully
support graduating countries that receive U.S. foreign aid, I remain concerned
that too steep and rapid cuts may have unintended consequences.
#58915; case in point is Serbia. The
recent assassination of Serbian Prime Minister Zoran Djindic has spurred a
massive crackdown on organized crime, some of which is linked to cronies of
Slobodan Milosevic. It is clear that political, legal and economic reforms are
still needed in Serbia, and instead of reducing assistance by $15 million, we
should be considering additional support for programs and activities that the
bolster these necessary reforms.
#58926; let me close with a few
brief comments on Burma and Cambodia. As predicted, we have not seen progress in
the dialogue between the State Peace and Development Council (SPDC) and Daw Aung
San Suu Kyi since her release from house arrest. The news out of Burma reports
no signs of reconciliation only continued repression of the people of Burma by
the SPDC, brutal rapes of ethnic girls and women, and unwillingness to meet with
the NLD, the U.N. special envoy, and ethnic nationalities.
I applaud the State
Department#58808; recommendation to the White House that the regime in Burma
should not be certified as making progress or cooperating with the United States
on counternarcotics matters. It is clear that additional sanctions against the
junta in Rangoon are warranted, and I intend to introduce legislation to this
effect in the very near future.
#58923;On Cambodia, the attacks earlier this year
against Thai interests in Phnom Penh, including
the destruction of the Thai Embassy, and the
continuing assassination of opposition activists, monks, and judges underscores
the lawlessness and impunity that has become the hallmark of the ruling
Cambodian People#58808; Party. In such a climate, talk of a Khmer Rouge tribunal
using Cambodian courts and judges makes no sense. As parliamentary elections are
scheduled in three months time, I encourage the State Department to seize every
opportunity to strengthen the hand of the democratic opposition in the run up to
these polls.
#58934;thank you again, Mr. Secretary, for appearing before this Subcommittee
and I look forward to your testimony.
PRESIDENT'S INTERNATIONAL AFFAIRS BUDGET FOR 2004
SECRETARY
COLIN L. POWELL
TESTIMONY BEFORE THE SENATE
APPROPRIATIONS SUBCOMMITTEE ON FOREIGN OPERATIONS WASHINGTON, DC APRIL 30, 2003
(1:30 p.m. EDT)
SECRETARY POWELL: Thank you very
much, Mr. Chairman. Thank you for your opening remarks and observations. And
thank you also, Senator Leahy, for your comments.
Before beginning my brief oral
statement, I would like to offer a full statement for the record, Mr. Chairman.
CHAIRMAN MCCONNELL: Without
objection, that will be included in the record.
SECRETARY POWELL: And let me respond
to a few of the points that were made in your opening statements, if I may. With
respect to oil revenue and how to use it in Iraq, the interesting concept that
has been used in Alaska for so many years is under consideration. We are looking
at that. Senator Stevens has educated me over the years as to the merit of this
approach to the use of oil -- a portion of the revenues going into a fund which
then can be used to compensate the people in a way that they can make a choice
as to how the wealth of the state is being used. And I think that's a concept
that applies in the case of Iraq as well, at least for consideration. The
ultimate judgment, of course, will be up to the Iraqi people. We've made it
clear that this is oil that belongs to them, for them, by them. They will figure
out how to use it, and we'll help them to get started down the road to
responsible stewardship of this marvelous treasure that the Iraqi people own.
I'm sure in the course of our
questioning I can get into specific answers on Iraq, the Middle East, the Middle
East peace process, what's happened in the last 24 hours with respect to the
appointment of a Palestinian Prime Minister.
Earlier today, as a result of that
appointment and his confirmation by the PLC, the Palestinian legislature, we
presented the roadmap. Early this morning, Ambassador Kurtzer, our Ambassador to
Israel, presented the roadmap to Prime Minister Sharon, and representatives of
the Quartet presented the roadmap to Prime Minister, now -- the first Prime
Minister of the Palestinian Authority -- Mr. Abu Mazen.
And I had an opportunity to call
both prime ministers early this morning and to encourage them to do everything
in their respective powers to make sure we get a good start down this path to
peace. A new opportunity is being created. It's an opportunity that must not be
lost, and I was very pleased at the response from both prime ministers, who are
anxious to move forward.
Senator, I do share your concerns
about Burma and Cambodia as well. I'll be passing through Cambodia briefly in a
few weeks time, in a month and a half or so, attending the ASEAN Regional Forum
meetings there. I won't be there a very long period of time, but enough to at
least talk to my ASEAN colleagues about the situation in the country we will be
visiting, and also have some conversation with the leadership there and, once
again, express our concerns to them.
Senator Leahy, let me especially
thank you for your comments about the Department of State, and let me express my
thanks to this committee for the confidence that you have placed in the men and
women of the State Department. Just as we have the finest soldiers, sailors,
airmen and marines, I can tell you we have the finest foreign service officers
and civil servants and foreign service nationals working for the interest of the
United States of America.
When I became Secretary, I had about
five reports on my desk of improvements that people suggested could be made in
the State Department from different task forces and panels. I had been on one of
those panels, and had made the recommendations of that panel, and now I was the
Secretary of State to implement.
So we are always willing to receive
helpful, constructive comment as to how to improve our operation. And with the
support of this committee and other committees in the Congress, and the
Congress, we have done a lot with respect to recruiting, with respect to
security, with respect to putting a sense of purpose and morale into our troops,
esprit d'corps in all of the members of our State Department family.
I send young State Department
officers out to the most difficult places in the world to serve their country,
taking their families with them where there may not be any hospital care, there
may not be any school for their kids, or where they're separated from their
families for a longer period of time than the average soldier gets separated
from his family. And they go willingly, they go with a smile on their face,
because they're happy to serve the American people.
Now, ever since Thomas Jefferson was
sworn in as the first Secretary of State, an uninterrupted line of Secretaries
of State, from number one to number 65, have been criticized at one time or
another for being -- what? -- diplomats, for trying to find peaceful solutions,
to building friendships around the world, to creating alliances. That's what we
do. We do it damn well. And I'm not going to apologize to anybody. I'm on the
offense for the people who work in my Department doing a great job, and if you
come after them, come after them with legitimate criticism. We'll respond to
that. We're not above criticism. But if you come after us just to come after us,
you're in for a fight, and I'm going to fight back and I'm going to protect my
Department and my people.
And I'm also going to defend the
policies of the President, which were attacked even more vigorously than any
sideways attack on the contributions and the loyalty and the dedication and the
courage and the willingness to serve of the men and women of the State
Department.
So, hopefully, we can pursue the
issue of how the State Department is functioning in a reasonable manner, with
constructive comments welcomed and an open debate taking place.
With respect to what's going on
within the administration, it's not the first time I have seen discussions
within the administration between one department or another. I have been in four
straight administrations at a senior level; and thus it has been, and thus it
has always been, and thus it should be. There should be tension within the
national security team, and, from that tension, arguments are surfaced for the
President. And the one who decides, the one who makes the foreign policy
decisions for the United States of America, is not the Secretary of State or the
Secretary of Defense or the National Security Advisor. It's the President. And
it is our job -- my job and Don's job and Condi's job and the Vice President's
job and George Tenet's job -- to give the President our best advice. And the
President is the one who decides.
Complicated issues come along. How
do you go into a place like Iraq, which is a military operation that has to be
run by the military, the initial reconstruction period has to be under the
control of the military and there has to be unity of command and purpose? We
fully appreciate that, support that. I have, I think it's now five ambassadors
working for General Franks and for Jay Garner.
But in due course, as a government
is set up, the interim authority being the embryonic state of that government,
and as it grows into a full representative government for the people of Iraq,
slowly but surely that will shift over and USAID and nongovernmental
organizations and bodies of the United Nations and other international
institutions will play a much more important and significant role during that
transition. And so will the State Department, as we put in place our diplomatic
presence, as we put in place an embassy, and as we get back to normal sorts of
relations.
Now, in this transition, the gears
will grind from time to time, and it is my job and Don's job and Condi and the
Vice President to put some oil on those gears to make sure it isn't a
distraction. And so all of these things are manageable, and what we have is the
finest group of young men and women working for the security of this nation and
our foreign policy interests, whether they are wearing a suit similar to mine or
wearing a suit similar to the one I used to wear. We're all part of one team
trying to get the job done for the American people.
Mr. Chairman, if I may, I will
briefly summarize my statement because I think you've had a chance to examine it
and it's been before the members of the committee for some time now.
I am pleased to appear, though, to
testify in support of the President#58808; International Affairs Budget for
Fiscal Year 2004. Funding requested for the next fiscal year for the Department,
USAID and other foreign affairs agencies is $28.5 billion.
The funding will allow the United
States to target security and economic assistance to sustain key countries
supporting us in the war on terrorism. It will allow us to launch the Millennium
Challenge Account, a new partnership that I think revolutionizes the way in
which we help the neediest of nations around the world who are committed to
democracy and the free enterprise system. The budget will also allow us to
strengthen the U.S. and global commitment to fighting HIV/AIDS and other
humanitarian hardships. It will allow us to combat illegal drugs in the Andean
Region, as well as bolster democracy in Colombia. And I'll be meeting later this
afternoon with President Bush with President Uribe to get a report from
President Uribe on his strategy for going after narcotraffickers in Colombia.
It will also allow us to reinforce
America's world-class diplomatic force. I have often said to this committee that
I am not only foreign policy advisor, but leader and manager of the Department,
and I take that charge seriously. We have done a great job in starting to hire
people again. In the three years that I have been responsible for the budget and
in the 25 months that I've been Secretary of State, over that period we have
brought in some close to 1,200 now, a little over 1,100 new hires, over and
above attrition. We're finally putting blood back into the Department, new
people coming in, tens upon tens of thousands of young Americans are signing up
to take the Foreign Service exam. I swore in another class last week. Three
weeks ago on a Saturday, 20,000 Americans assembled to take the Foreign Service
exam at sites all over the country. They want to be a part of this team. They
are proud of what this team is doing and they want to be a part of it. And as
result of the generosity and understanding and support of the Congress, we are
now able to hire people.
For those who criticize the
Department who were in Congress in the 1990s, they ought to take a look at their
record as to how they spent part of the 1990s cutting the budget of the
Department of State and prohibiting the Department of State from hiring
individuals that were needed to keep strength and vitality within the
Department.
I hope that you will continue to
support me in those efforts, not only to bring first class people into a first
class force, but also to bring state-of-the-art information technology to the
Department. That was also one of my commitments. I wanted to make sure that
every member of the Department of State, anywhere in the world, had access to
the Internet. We are 24/7 instantaneous communications, instantaneous
decision-making. We can't be just typing out cables on teletypes any longer.
Before I leave as Secretary of State, I want the entire Department wired so we
are talking to each other electronically and instantaneously through the power
of the Internet in a completely secure, classified manner, and every member of
the Department hooked up.
I also committed myself and to the
President that we would wipe the slate clean and straighten out our overseas
building operation. We have done that. And I think we can all be proud of the
job that General Williams and his great team have done. Our embassies are coming
in on time, under cost and secure. And beyond that, they are attractive and we
are meeting the standards that the Congress set for us. I need your continued
support and the support of all Members of Congress for embassy security and
construction and other matters related to the infrastructure needs of the
Department.
The number one priority with respect
to our foreign affairs account is to fight and win the global war on terrorism.
This budget furthers this goal by providing economic, military and democracy
assistance to key foreign partners and allies, including $4.7 billion to
countries that have joined us in the war on terrorism.
Of this amount, the President's
budget provides $657 million for Afghanistan, $460 million for Jordan, $395
million for Pakistan, $255 million for Turkey, $136 for Indonesia, and $87
million for the Philippines.
In Afghanistan, the funding will be
used to fulfill our commitment to rebuild Afghanistan's road network, especially
the important ring road that really connects the country. And now that warm
weather is there, paving will begin very soon, and I hope we will have most of
the work done by the end of the year.
In addition, we are using funding of
this kind to establish security throughout the country and putting in place an
Afghan police force, border guards, and working with the Pentagon on the
creation of an Afghan National Army.
Our assistance will be coordinated
with the Afghan Government. We want to make sure the
money is seen as going to the
central government to empower President Karzai. We are also working with other
international donors and with the United Nations.
I want to emphasize our efforts to
decrease the threats posed by terrorist states, by terrorist groups, rogue
states, other non-state actors, with regards to weapons of mass destruction and
related technology. We have to strengthen our partnerships with countries that
share our views in dealing with the threat of terrorism and resolving regional
conflicts.
The budget also promotes
international peace and prosperity by launching the Millennium Challenge
Account. This will be an independent government corporation. It will have a
board that I will chair with other cabinet officers, supervising the work of the
corporation. There is a transition team now in the Department of State starting
to put the corporation together and we'll be briefing the Congress regularly as
this work proceeds.
As President Bush told African
leaders earlier this year, this aid will go to nations, those nations that are
committed to economic freedom, democracy, rooting out corruption, making sure
their societies are resting on the rule of law, and which have respect for the
rights of their people; and they just need help to get going, to get started, to
get a leg up, so that they can then attract the kind of investment and
participate in the kind of global trading activity needed to generate wealth
within their country.
The President's budget request also
offers hope and a helping hand to countries facing health catastrophes, poverty
and despair. The budget includes more than more than $1 billion to meet the
needs of refugees and internally displaced peoples; the budget also provides for
more than $1.3 billion to combat the global HIV/AIDS epidemic, the worst tool of
mass destruction, weapons of mass destruction on the face of the earth today.
The President's total budget for
HIV/AIDS is over $2 billion, which includes the first year's funding for the new
emergency plan for HIV/AIDS relief. The budget also includes almost $.5 billion
for Colombia. The funding will support Colombian President Uribe's unified
campaign against terrorists and the campaign that is also now directed against
terrorists and the drug trade that fuels the activities of terrorists. The aim
is to secure democracy, extend security and restore economic prosperity to
Colombia. Our total Andean counter-drug initiative is $731 million, and that
includes restarting the Airbridge Denial program and stepped-up eradication and
alternative development efforts, and technical assistance to strengthen
Colombia's police and judicial institutions.
You talked about the Middle East and
how we have to move forward and bring hope to those people. In our budget we
have included $145 million for the Middle East Partnership Initiative. This
initiative gives us a framework and funding for working with the Arab world to
expand educational and economic opportunities, empower women, and strengthen
civil society and the rule of law. The peoples and governments of the Middle
East face daunting challenges. Their economies are stagnant and unable to
provide the jobs for millions of young people who are entering the workplace
each year. Too many of their governments appear closed and unresponsive to the
needs of their citizens. And their schools are not equipping students to succeed
in today's globalizing world.
In the programs these dollars will
fund, we will work with Arab governments, groups and individuals to bridge the
jobs gap with economic reform, business investment and private sector
development. We will close the freedom gap with projects to strengthen civil
society, expand political participation and lift the voices of women. And we
will bridge the knowledge gap with better schools and more opportunity for
higher education.
Finally, Mr. Chairman, I want to
address the issue of hunger, famine and food aid. Historically, America has been
the largest donor of assistance for victims of famine and food emergencies.
Thanks to the help of the Appropriations Committees, Congress provided $1.44
billion in urgently needed PL-480 Title II Food Aid for fiscal year 2003.
Our 2004 food aid request of $1.19
billion will be complemented with a new Famine Fund, one of the funds that you
touched on, sir, a famine fund initiative of $200 million. This initiative will
provide emergency food, grants or support to meet crisis situations on a
case-by-case basis, giving us that extra flexibility to respond where needed. I
really need this fund. Too often, I find when faced with a sudden problem, I'm
robbing Peter to pay Paul, and someone comes up short. This will give me and the
President the needed flexibility to respond to crises.
Mr. Chairman, that ends my opening
remarks and I am now pleased to take your questions or respond in depth to any
of the particular issues you raised in your opening statements.
[End]
Released on April 30, 2003
__________________________________
UNITED NATIONS
GA/SHC/3734
2 MAY 2003
FIFTY-SEVENTH GENERAL ASSEMBLY
THIRD COMMITTEE
62ND MEETING (PM)
THIRD COMMITTEE APPROVES
DRAFT RESOLUTION ON KHMER ROUGE TRIALS
Extraordinary Chambers Would
Be Established and Operated Within Cambodian National Courts
A draft resolution on the Khmer
Rouge trials was approved by consensus this afternoon as the Third Committee
(Social, Humanitarian and Cultural) met to continue its consideration of human
rights questions, including alternative approaches for improving the effective
enjoyment of human rights and fundamental freedoms. Annexed to the text is
a 32-article draft agreement between the United Nations and the Royal Government
of Cambodia regarding prosecution under Cambodian law of crimes committed during
the period of Democratic Kampuchia.
The draft (document
A/C.3/57/L.90) would have the Assembly approve the draft agreement, and would
urge the Secretary-General and the Cambodian Government to take all measures to
allow the agreement to enter into force and be fully implemented.
Extraordinary Chambers would be established and operated within the national
courts of Cambodia, and the Assembly would decide that the expenses required for
their operation should be borne by voluntary contributions from the
international community. The Assembly would also appeal for international
assistance, including financial and personnel support for prosecuting those most
responsible for crimes and serious violations of Cambodian and international law
between 17 April 1975 and 6 January 1979.
A statement by the
Secretary-General on programme budget implications (document A/C.3/57/L.91)
estimates that financing of the Extraordinary Chambers is expected to exceed $19
million. That would cover the establishment and operation of the Chambers,
the Prosecutors' Office and that of the co-investigating judges, the Pre-Trial
Chamber and the Office of Administration. It did not include certain other
costs such as remuneration of defence counsel and travel of witnesses.
Further, if United Nations assistance to the Chambers were to be financed from
voluntary contributions, the process of setting up the Chambers would begin when
sufficient resources were in place to fund the necessary personnel and
operations for a sustained period of time.
Upon introduction of the
resolution yesterday, Japan's representative had pointed out that no programme
budget implications were involved since the resolution made it clear that the
expenses of the Chambers would be borne by voluntary contributions. He
added that the representatives of France and the United States had associated
themselves with his statement.
Finally, the statement draws
attention to the Secretary-General's report on Khmer Rouge trials (document
A/57/769). It had recommended that international judges, the co-prosecutor
and the co-investigating judge be deemed United Nations officials for the
purposes of their terms and conditions of service.
Speaking in explanation of
position before the decision, the representative of the United States said he
remained committed to the process of the trials and supported the resolution in
substance while dissociating himself due to timing. He would have liked to
see the resolution introduced after the Cambodian elections in July.
The representative of the United
Kingdom said his country had long supported the Khmer Rouge trials process, and
he noted the Secretary-General's concerns regarding issues such as financing and
the status of internationally-appointed judges and prosecutors. It was
imperative that the Chambers carry out their duties in conformance with the
highest international standards.
Speaking in explanation of
position after the decision, Japan's representative drew attention to the
adoption by consensus of the resolution. He said the international
community had a great stake in establishing the Chambers and urged that
contributions be made.
Some representatives expressed
concern about the provisions relating to the operation of the Extraordinary
Chambers. The Netherlands representative said his delegation would have
preferred further negotiations between the United Nations and the Cambodian
Government to ensure that international standards of justice were upheld.
The functioning of the Extraordinary Chambers would have to be monitored closely
by the international community, he said.
Liechtenstein's representative said
it was regrettable the Chambers would not be composed of a majority of
international judges.
Sweden spoke on behalf of the
Nordic countries to call for contributions to the fund for operation of the
Chambers and stressed the importance of continued reporting to the Assembly on
implementation of the agreement.
Switzerland's representative
called for criteria to ensure transparent collaboration between the United
Nations and Cambodia on the work of the Chambers.
The representatives of Ireland,
Germany, Mexico, Cambodia and France also spoke.
The Committee will meet again at
a time to be announced in the Journal.[End]
_______________________________
KINGDOM OF CAMBODIA
PERMANENT MISSION TO THE UNITED
NATIONS
866 UN PLAZA, SUITE 420, NEW YORK,
NY 10017
TEL: (212) 223-0676
FAX: (212) 223-0425
STATEMENT
BY
H.E. MR. OUCH BORITH
AMBASSADOR, PERMANENT REPRESENTATIVE
OF THE KINGDOM OF CAMBODIA
TO THE UNITED NATIONS
ITEM 109 (B)
ENTITLED “HUMAN RIGHTS QUESTION,
INCLUDING ALTERNATIVE APPROACHES FOR IMPROVING THE EFFECTIVE ENJOYMENT OF HUMAN
RIGHTS AND FUNDAMENTAL FREEDOMS”
AT THE THIRD COMMITTEE OF THE
57TH SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
NEW YORK,
May 01, 2003
Mr Chairman,
Honourable delegates,
1.
At the outset, I would like to extend my sincere thanks to you, Mr Chairman for
convening this very important meeting to consider the report of the Secretary
General doc. A/57/769 under item 109(b). I would like also to take this
opportunity, on behalf of the people and the Government of Cambodia and on my
own behalf as one of the survivors from the barbaric regime of the Khmer Rouge,
to express our profound gratitude to the group of interested States, and
especially to Japan, France and Australia, for their support and assistance in
regard to the resumption of negotiations between the Royal Government of
Cambodia and the United Nations, which end-result is the Agreement reached
between the two parties as incorporated in the Report of the Secretary-General,
which we believe is the most decisive step aimed at establishing the
Extraordinary Chambers in the Cambodian Court to try the top leaders of the
Khmer Rouge.
Our sincere thanks also goes to
Secretary-General Mr Kofi Annan, Under-Secretary-General Mr Hans Corell and his
delegation for their valuable contribution to the cause of justice for the
Cambodian people.
Mr Chairman,
Honourable delegates,
2.
After the Nazi German leader, Adolph Hitler and his program of Jews genocide,
one may think that such horrible crime against humanity can never be repeated.
But the horrible genocidal killings and crimes against humanity did repeat
itself in Cambodia. It was one of the worst human tragedies of the last
century. I never thought that I could survive from this barbaric regime which
plunged the entire Cambodian society into human hell and extreme
suffering, and would be seated here today to express my painful feeling that, I
must say, I endured for 3 years 8 months and 28 days under the cruel
regime of the Khmer Rouge. But it is very painful to think where I was in
the past, how my education was stopped, how I survived this ordeal through the
tyranny and cruelty of the Khmer Rouge regime. I feel very painful when I
recollect my past. I have no words to express how we pulled through the terror
and dreadfulness of this regime. I’ll never forget the howling cries
of the wounded, the wailing cries of the
women and children for their loved ones who
have been killed or tortured to death. I’ll never forget the
days when 12 members of my family and more than 2 millions of the Cambodian
people who were executed and buried in mass graves. The horror of the
“auto genocide” as it has become well-known by the whole world after Cambodia
was liberated on 7 January 1979, still haunts me and my people, and I
cannot wipe out this nightmare either. One must listen to what the Cambodian
holocaust survivors have to say. The survivors of this criminal
barbaric regime ever-tearfully are waiting to tell the whole world of the
whippings, the electrocution, slaughtering and axing of their loved ones. Only
those who went through this ordeal will know what it is to be a Cambodian
holocaust survivor.
3.
In the spirit of holding up the banner of justice, and with a firm determination
to respond to the pressing appeal of our people, and in loving memory of the
Cambodian people who died under the Khmer Rouge regime, the Government of
Cambodia set up a national tribunal soon after the liberation of our country in
1979 to try the top leaders of the Khmer Rouge for the crimes committed by them
during their rule from 1975-1979. In 1998 the UN began to conduct a
feasibility study of the process of the Khmer Rouge trial on a request made by
the Co-Prime Ministers of Cambodia on 21 June 1997.
4.
I do believe that today is a happy day for the Cambodian people and the
international community to see the 3rd Committee Meeting debate and adopt Draft
Resolution A/C.3/57/L.90—supporting the long-awaited agreement between the Royal
Government of Cambodia and the United Nations concerning the prosecution under
Cambodian law of crimes committed during the period of the Democratic Kampuchea.
As one of the lucky survivors of the Khmer Rouge genocidal regime, I would like
to take this opportunity to share with all delegates present here today my
happiness and extreme satisfaction for the work that has been done so far.
Mr Chairman
Honourable delegates,
5.
The Royal Government of Cambodia feels that a credible trial on the basis of
internationally accepted standards represents an opportunity not only to address
the crimes committed in the past but also to strengthen the role of the national
and international judiciary system in preventing such crimes being
repeated. The survivors of the genocide will be happy to know for the first time
that their suffering has been acknowledged and considered seriously by the
world. There is now more reason than ever to be optimistic
that the tribunal will be set, and will be set-up very soon in Cambodia.
It is our belief that such a tribunal to prosecute the
top leaders of the Khmer
Rouge would not only serve the moral purposes of the survivors
of this regime but would also help the younger Cambodian
generation as well as all human kind
to gain a better understanding of Cambodia’s turbulent history and
would inculcate in their minds that such horrible crimes against humanity should
not repeat, as once said by George Santayana, the first Hispanic-American
Philosopher, that --“those who cannot learn from history are doomed to repeat
it”. By-and-large such a tribunal would embody the conscience of humanity
and would generate a critical and analytic understanding of such heinous crimes.
6.
It is documented, and it should be recognized, that the result of the blows
inflicted by the Khmer Rouge on the entire Cambodian cultural, economic,
political and social fabric of the country is the cause of the disadvantaged
Cambodian judiciary and the weak legal system. Hence, the reason for our
Government’s request for United Nations assistance and participation in the
process of the Khmer Rouge trial. It is also very important to
understand that the Law adopted by our legislature was the outcome of the
complex negotiations between Cambodia and the UN, and contains within it a
number of significant compromises made by both parties. We have
requested not only international assistance but also international participation
in the trials and we have agreed to share with the international community the
heavy task of judging the serious crimes committed in our own country by our own
people.
7.
Once the Draft Resolution before us is adopted, endorsing the Draft Agreement,
this Draft Agreement will be implemented as law within the Kingdom of Cambodia
after its ratification by our National Assembly. These steps will bring
the draft into its status as an international treaty, which both parties are
committed to implement in accordance with the 1969 Vienna Convention on the Law
of Treaties. In the interest of efficiency and consistent with the
provisions of the resolution, we are confident that the establishment of the
Extraordinary Court within the Court of Cambodia will not only be credible, but
would represent a historic milestone in international humanitarian law, and
would encourage a better understanding of internationally accepted standards,
also strengthen our commitments to bring justice to the victims in accordance
with the principal instruments of the Genocide Convention. We believe that many
Member States may well share Cambodia’s perspective—that international standards
do not have to mean international control.
Mr Chairman,
Honourable delegates,
8.
In conclusion, I would like to say that the Cambodian people have been waiting
for this happy day – and at last, after 24 years of waiting for justice, many
Cambodians now hope that their former tormentors will be punished. We, the
Cambodian people and our Government are determined to fulfill our human rights
obligations, to continue to go ahead to have the Extraordinary Chambers
established and to cooperate with the United Nations in
all aspects to ensure its credibility. In this spirit, and for the sake of
justice for the Cambodian people, I would like to call upon our Committee to
adopt the Resolution before us by consensus.
The saying goes that history
repeats itself. But the history of Cambodia should not repeat itself.
Such horrible genocidal killings should not repeat in the future of human kind.
Thank you for your kind attention.
Ends.
_______________________________
AMBASSADOR'S CHAT No. 09
JAPAN
May 1, 2003
MY REFLECTIONS ON THE ISSUE OF THE
KHMER ROUGE TRIBUNAL
Agreement with the UN; a
Brief Background
On May 1st the Third Committee
of the United Nations General Assembly adopted the resolution approving the
Agreement between the Royal Government of Cambodia and the United 'Nations
concerning the Prosecution under Cambodian Law of Crimes Committed during the
Period of Democratic Kampuchea. Cambodia, Japan, France and some other countries
co-sponsored the resolution. It is expected that the Plenary session will also
adopt the resolution soon. This means that the long and difficult negotiations
started in 1999 between Cambodia and UN are now almost concluded. If the
Cambodian Government takes the necessary measures to modify the Khmer Rouge Law
and ratify the Agreement, the next step would be to establish the Tribunal.
Congratulations! I would
like to highly commend Prime Minister Hun Sen for his leadership and HE Senior
Minister Sok An for his great patience and excellent capability as chief
negotiator.
The negotiations have been
indeed very difficult and have faced a number of serious crises. At the early
stages there were opposing views about the type of tribunal. The UN wanted to
create an international tribunal whereas Cambodia insisted on the Cambodian
national court. In July 2000, both sides reached an agreement to establish
extraordinary chambers under Cambodian law with the assistance of international
judges and prosecutors. However arguments continued and in February 2002 the UN
side suddenly and unilaterally decided to withdraw from the negotiations. It was
extremely difficult to bring the UN back to the negotiating table. At the heart
of the difficulties there was and still is, unfortunately, deep mutual mistrust
between the two negotiating sides. The UN side does not hide its doubt on
the credibility of Cambodia' s legal
and judicial system, the Cambodian Government seems offended by such an attitude
from the UN side. The international community exerted patient efforts to
encourage both the Cambodian Government and the UN to keep the process going.
Thus through its resolution
57/228 of 18 December 2002, the General Assembly requested Secretary General
Kofi Annan to resume negotiations with the Cambodian Government. The UN and the
RGC resumed negotiations in January in New York and continued them in March in
Phnom Penh and arrived at the agreement.
A Golden Opportunity for
Cambodia to Demonstrate its Ability to Conduct a Credible Tribunal
Although the world body approved
the text of the agreement and recommends the two sides to work for its
implementation, Secretary General Annan still said in his report to the General
Assembly dated March 31 that he remained concerned that established
international standards of justice, fairness and due process might not be
ensured in the Cambodian national court (paragraph 28). Unfortunately some
member countries share the anxiety of the SG over the perceived problems of the
Cambodian judiciary.
It is my feeling that despite
the current deficiencies of the Cambodian judicial system, Cambodia has been
trying to improve the situation and with the help of international legal
experts, the prescribed mechanism will manage to fairly conduct the trials of
former senior leaders of the Khmer Rouge most of whom are accused of genocide
and committing atrocities. The world is watching what will happen. In a way it
is a golden opportunity for Cambodia to demonstrate to the world that with the
cooperation of the international community it can manage to carry out a tribunal
of an international standard to judge former Khmer Rouge leaders. This
experience would certainly help improve the quality of Cambodia's judiciary .The
international community stands behind Cambodia's endeavor.
The Khmer Rouge Tribunal and
Japan
I know that for many Cambodian
people the Khmer Rouge issue is very sensitive and complex. Most of the people I
meet here have bitter experiences themselves and/or their families and friends
from the Pol Pot time. There also exist people or their families who were
involved in one way or another in the KR side. Psychological nightmares and
trauma still remain deep in the heart of the people. Nevertheless I believe that
the majority of Cambodian people wish that justice be provided to the victims of
the KR atrocities. Past opinion surveys testify to this fact. It is also my
understanding that the Royal Government of Cambodia, after having paid careful
attention to the complexities and sensitivity of the issue, prepared the ground
in preparation for the implementation of the tribunal in the spirit of national
reconciliation.
The basic position of my
Government on this particular issue is to respect the will of the Government and
the people of Cambodia and act accordingly. Hence we have supported the RGC's
efforts and tried to facilitate the difficult negotiations it has struggled
through.
At this stage I humbly admit
that Japan has played an important role in the issue in close partnership with
the Royal Government of Cambodia and a number of like-minded countries such as
France and Australia. In fact I was pleased to see that there were quite a few
countries which tried to save the negotiations from collapse.
What did Japan do? And why did
she do so? When the UN announced its withdrawal from the negotiations, Japan and
some other countries tried to persuade the UN to go back to the negotiating
table. Naturally there were arguments of justification for withdrawal on the UN
side, which were supported by not a small number of countries. The Japanese
Government then designated a prominent senior diplomat who is well versed in
both Cambodian and UN affairs and has close personal relationships both with
Prime Minister Hun Sen and Secretary General Kofi Annan to support this process.
This person's shuttle diplomacy was successful in obtaining a resumption of the
talks between the two sides. The UN demanded a new mandate to continue the
talks. Under the circumstances this meant that the General Assembly must adopt a
new resolution urging SG Annan to resume negotiations. The adoption of the
resolution was no easy task because there always remained skepticism on the part
of a number of member countries about the capability and sincerity of the RGC to
provide credible justice. Japan played a vital role together with France as the
two co-sponsors of the resolution. In the whole process we always tried hard to
explain about the sincerity of the Cambodian government to the UN and its member
countries and at the same time attempted to request the RGC to show flexibility
vis-a-vis the concerns of the international community. There have been intensive
consultations between Japan and Cambodia both in Phnom Penh and New York. The
Cambodian Government demonstrated the necessary flexibility. At long last the
resolution was adopted on December 18, 2002 with 150 countries in favor and no
country against, but with 30 countries in abstention.
International Significance;
Cambodia's Integration into the World Community
Japan worked hard to facilitate
the process with a belief that it is the will of Cambodia to realize justice on
the problem of the Khmer Rouge. We also believe that the successful
implementation of the tribunal has a far reaching significance which goes beyond
national boundaries. Needless to say the Khmer Rouge period is part of the
history of humanity. The international community has been and is interested to
see how this problem is dealt with by the Cambodian people. It is also an
important human rights issue. An adequate performance by the tribunal under
Cambodian law and a successful implementation of justice will constitute an
important step towards the departure from the culture of impunity which
sometimes influences world opinion about Cambodia.
In the past there have been
tribunals which dealt with genocide cases. The Cambodian case is a unique model
of a national court supported by international participation. Its success could
set a good precedence for the future. More importantly, the successful
completion of the tribunals will push Cambodia further along the path of
integration into the world community, an essential element of Samdech Hun Sen's
triangular strategy. I wish all my best to the Cambodian people and its
Government.
ENDS.
___________________________
SWEDISH STATEMENT ON KHMER ROUGE
TRIBUNAL:
THE SWEDEN'S STATEMENT ON THE
KHMER ROUGE TRIBUNAL AGREEMENT, ON BEHALF OF THE NORDIC COUNTRIES, IN THE THIRD
COMMITTEE OF THE UN GENERAL ASSEMBLY.
Thank you Mr. Chairman,
I am speaking on behalf of the Nordic Countries, Denmark, Finland, Iceland,
Norway and my own country, Sweden.
Mr. Chairman,
The Nordic countries welcome
that an agreement finally could be reached between the United Nations and the
Government of Cambodia on arranging the Khmer Rouge trials so those most
responsible for the atrocities committed during the Khmer Rouge regime can be
prosecuted.
However,
We remain convinced that
financing through assessed contributions would have facilitated the prompt
implementation of the agreement. The Secretary-General in his report (A/57/769)
also suggested this, and referred to problems experienced with voluntary
contribution in the case of the Special Court for Sierra Leone. Now that the
model of voluntary contribution is chosen, we call on all Member States to
contribute without delay so the Extraordinary Chambers can start exercising its
functions as soon as possible.
Mr. Chairman,
The Nordic countries would
like to emphasize that, despite the fact that the Extraordinary Chambers is now
a national court, the trials must be conducted in an impartial, efficient and
independent way and in accordance with international standards of justice,
fairness and due process of law. The agreement must, to ensure this, be
implemented in its entirety. In this context we also note the provision on
withdrawal of assistance by the United Nations should the agreement not be
implemented and respected.
Finally and in this context,
Mr. Chairman,
We stress the importance of
reporting by the Secretary-General to the General Assembly on the implementation
of the resolution as set out in Operative paragraph 4. Such reporting should be
on a continued basis and not only address the setting up of the Extraordinary
Chambers but also any problems faced by the United Nations that could invoke
article 28 of the Agreement on withdrawal of cooperation.
Thank you, Mr. Chairman
________________________________
NETHERLANDS STATEMENT ON THE KHMER
ROUGE TRIALS, UNGA, 2 MAY 2003
Mr Chairperson,
We did not stand in the way of
the adoption of the resolution, but we do want to express our serious concerns
over the path that will now be followed. We would have preferred further
negotiations between the UN and the Cambodian government in order to assure that
internationale standards of justice are upheld.
We welcome the efforts of the UN
negotiating team to improve the draft agreement as much as possible, and welcome
the balanced report by the UN Secretary General. The UN has done a good job,
considering the circumstances and the difficult mandate established in
resolution 57/228.
The text is an improvement over
the one under discussion at previous negotiations. However, we do share the
Secretary General's doubts whether the agreement ensures that the
Extraordinary Chambers will be able to uphopld internationale standards of
justice, which should be a prerequisite for any UN assistance.
The concerns still raised are
considerable, and they range from concerns over judicial and prosecutorial
independence, applicable law and decision making processes to those over witness
protection. We note the concerns expressed by the Legal Counsel yesterday on the
lack of a majority for interntional judges and on the lack of clarity over UN
status for officials of the court.
The Netherlands' government
agreed with the proposals of the Secretary-General for the structure,
organization and composition of the Extraordinary Chambers, as referred to in
para 16 of his report. Unfortunately these proposals were rejected. We also
regret that the proposals to strenghten the international element in the stages
of investigation and prosecution (para 22) could not be accepted.
The Netherlands abstained on
resolution 57/228 of 18 December 2002, which requested the Secretary General te
resume negotiations with the Cambodian Government. We were of the view that
resolution 57/228 did not fully guarantuee that international standards of
justice, fairness and due process would be met.
Finally I quote from the Secretary
General's report, para 51, with reference to article 28 of the draft agreement:
' --- if the government were to
later to change the structure and organisation of the Extraordinary Chambers so
that they failed to conform to the agreement, then the obligation of the UN to
provide assistance under the agreement would cease to apply.'
This
means the way the Extraordinary Chambers function will have to be closely
monitored by the international community.
Thank you, Mr. Chairperson
|
