AN INTERNATIONAL REVIEW OF PEACE INITIATIVES
ACCORD ( Paris )
Between War and Peace
Cambodia 1991-1998

 By David Ashley

The 1991 Paris agreements and the resulting UN intervention to implement them reduced and altered, but could not end the Cambodian conflict. To understand why, one must first comprehend the core issue which frustrated peace negotiations from 1986 until 1991 and which has continued to dog Cambodia: the inability of the factions to share state power.

 

The struggle for power, 1991-1993

In the late 1980s, as foreign involvement waned and the nationalistic and ideological aspects of the Cambodian war receded, the principal dynamic behind the conflict became the factional scramble for power. Cambodia was a nation with no traditions of sharing power and no institutions with which to limit it: one either had absolute power to use and abuse, or one was subject to those who did. Nor does Cambodian history provide any examples of governments peacefully giving up power: the violence with which opponents were traditionally treated, taken to gross extremes under Pol Pot, perhaps suggests why. Power - and only power - brought security, as it also did wealth and patronage.

 

But economic and military realities meant that prospective governments could not survive without international recognition and aid. So while the forms of the struggle between the factions varied during the 1980s and 1990s - military, diplomatic and political - the aims remained unchanged: power and legitimacy.

 

An absence of common ground

 

Each of the factions justified its pursuit of power, less on the needs of its followers or its plans for the future than on its past claims to legitimacy and the past crimes of others. This made it all the more difficult to find common ground between them. In particular, the aims of the two militarily strongest factions, the Cambodian People's Party (CPP) and the Khmer Rouge (officially known as the Party of Democratic Kampuchea, PDK), were diametrically opposed. The CPP hoped the peace process would legitimise the state structure arranged by the Vietnamese in 1979, known as the 'State of Cambodia' (SoC).

 

The Khmer Rouge hoped the peace process would dismantle the SoC regime and replace it with an administration made up of all four factions, thus returning to the Khmer Rouge a share of state power and legitimacy. Both still hoped to monopolise power in the long-term. The idea, floated from the early 1980s, of holding elections to decide who should have power and legitimacy failed to break the deadlock; after all, Cambodian elections had always been won by whoever organised them.

 

The CPP insisted that elections be held under the SoC and the Khmer Rouge insisted that elections be held under a quadripartite coalition. The CPP argued the SoC was the only bulwark against the 'return of the genocidal Pol Pot regime'. The Khmer Rouge argued that the SoC was the creation and creature of an illegal Vietnamese occupation and that, with it in power, free elections were impossible.

 

The position of the two smaller factions, Prince Ranariddh's FUNCINPEC and Son Sann's KPLNF, was more flexible. Although allied to the Khmer Rouge before the peace agreement on nationalist grounds, they professed to desire peace and democracy. With the weakest armies, they had a vested interest in promoting peaceful competition. Since they, unlike the 'former' communist factions, had no hope of capturing the whole state, they aimed for a share of government posts. In the eyes of the Khmer Rouge and CPP, they were corrupt opportunists and potential allies rather than serious opponents.

The aims of the Paris agreements

The Paris agreements had two primary objectives. The first was to end international involvement in the Cambodian conflict. This was achieved by all foreign players pledging to end partisan assistance to the factions. The second aim, acknowledging that the factions were unwilling to end the struggle between them, was to transform the military conflict into a political one. All factions would give up their weapons and compete in elections, with international recognition and aid going to the winner. To get around the intractable question of who should organise the elections and run the country in the pre-election period, the agreements entrusted this responsibility to the United Nations.

 

It was the failure of this second objective which determined Cambodia's troubled course after 1991. In part, no accord could have brought peace in 1991 because the motor behind the peace process was international pressure rather than national reconciliation. In part, the Paris agreements, by looking to elections to decide the winner in a decade-long war, raised the electoral stakes so high that no side could agree to lose. And in part, the unsuccessful implementation of the agreements - including the failure to disarm factional armies and to create a neutral state structure - ensured elections would not end the conflict.

Dilemmas of implementation

In retrospect, it was inevitable that the UN's attempt to implement the Paris agreements would run into difficulties. The objectives of the CPP and the Khmer Rouge remained incompatible: both only signed the accord under strong international pressure and in the hope that they could twist its ambiguities to their advantage. The CPP hoped that the UN Transitional Authority in Cambodia (UNTAC) and the Supreme National Council (SNC) - the quadripartite body set up to represent Cambodia's sovereignty and promote reconciliation - would be toothless bodies whose presence would simply legitimise the SoC structure.

 

The Khmer Rouge hoped that a strong UNTAC and SNC would significantly weaken the SoC's control over the country. They could not both be right. In the event, the problems arrived far sooner than UNTAC itself, which was charged with overseeing implementation of the Paris agreements and was only fully deployed in mid-1992. The agreements, signed on 23 October 1991, unleashed a rapid series of events which included a short-lived alliance between the CPP and FUNCINPEC (see box): the near-lynching of Khmer Rouge president, Khieu Samphan, by a CPP-organised mob on his arrival in Phnom Penh and the crushing of student demonstrations against SoC corruption. Meanwhile, UNTAC's arrival was delayed due to financial and bureaucratic hold-ups and the US Congress' continued to object to Khmer Rouge involvement.

Accord between the Cambodian People's Party (CPP) and the National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC)

In view of effectively implementing the Agreement on a political settlement and promoting mutual trust;

In view of maintaining political stability in Cambodia and creating conditions favouring the accomplishment of His Royal Highness Samdech Norodom Sihanouk's noble mission in the service of the nation;

The Cambodian People's Party represented by H.E. Mr Hun Sen, and the National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia, represented by H.R.H. Prince Norodom Ranariddh, have agreed as follows:

Article 1: The two parties agree to cooperate fully in creating conditions favouring the accomplishment of H.R.H. Samdech Norodom Sihanouk's mission in service of the nation. The two parties pledge to support H.R.H. Samdech Norodom Sihanouk's candidature in the forthcoming presidential elections in Cambodia.

Article 2: The two parties agree to refrain from attacking each other from this day on and during the electoral campaign. The two parties pledge to make the necessary efforts to honour this commitment.

Article 3: The two parties agree to cooperate in the future National Assembly, and to do so regardless of the number of seats obtained by each party in the National Assembly, and to form a coalition government based on the supreme interests of the nation.

Article 4: The two parties agree to build on this cooperation to lay a solid basis for realising national reconciliation and contributing to social stability.

Article 5: This accord, which is the fruit of sincere goodwill, represents the basis for cooperation between the two political forces at the present time and in the future.

Article 6: Upon signature of this accord, the two parties will name their respective representatives to consult and resolve together any problems which might arise during its implementation.

Signed in Phnom Penh, 20 November 1991

In the name of FUNCINPEC, Norodom Ranariddh

In the name of the CPP, Hun Sen


From Pol Pot 's perspective, an American plot was being hatched to divert the quadripartite Paris agreements into a bipartite (CPP-FUNCINPEC) accord, through which western aid would sustain the SoC structures and fund them to destroy the Khmer Rouge. Subsequent events over 1992 and 1993 - particularly UNTAC's failure to control the SoC structure and the creation of a CPP-FUNCINPEC coalition government after the elections - only confirmed Pol Pot in his analysis. Beginning in January 1992, the Khmer Rouge thus grew increasingly sceptical of the peace process: it renounced the ceasefire, refused to disarm, ended cooperation with UNTAC, boycotted the elections and eventually launched an unsuccessful military campaign to derail the elections. But the Khmer Rouge's actions - which it justified by UNTAC's alleged refusal to implement the agreements' provisions on verifying withdrawal of Vietnamese forces and controlling the SoC structure - ironically served to make implementation harder and the CPP stronger.

 

First, the Khmer Rouge's renunciation of the ceasefire meant that the demobilisation of the other factions was suspended. All sides ended up retaining most of their men and weapons in the post-UNTAC era. This particularly favoured the CPP whose army was easily the largest. The continued Khmer Rouge attacks also made it easier - politically and practically - for the CPP to use violence against the 'opposition' parties as they sought to organise within SoC-controlled areas. Some 100 members of FUNCINPEC and the Buddhist Liberal Democratic Party (BLDP, the principal successor to the KPLNF) were killed in CPP-organised violence in 1992-93.

 

Second, given the continuing fighting, the Supreme National Council (SNC) failed to become a substantive institution or build reconciliation between the factions which - despite the gradual proliferation of alternative political parties, newspapers and non-governmental organisations - remained the key political players. This failure of reconciliation was not surprising. The factional leaders were never truly committed to burying their differences which instead were accentuated and even deepened by the process of electoral competition.

 

Third, the de facto withdrawal of the Khmer Rouge from the peace process weakened UNTAC's ability to take action against the CPP. UNTAC did not have the military capacity or international backing to compel the Khmer Rouge to abide by the agreements; the Security Council contented itself with imposing token trade sanctions. But this also meant that UNTAC could do even less against the CPP's similarly systematic, but significantly less gross violations. Moreover, once the UN had invested its resources and credibility in Cambodia, it needed the CPP more than the other way around. With the Khmer Rouge out, UNTAC needed the remaining factions in order for there to be a peace process at all, in particular the CPP which controlled almost all of the territory on which UNTAC was deployed.

 

Against this background, it was impossible for the UN to implement its mandate to ensure a 'neutral political environment' for the elections. The CPP maintained its tight control of the bureaucracy, army, police, media and judiciary and used them systematically to support its electoral campaign. FUNCINPEC and the KPLNF were little different in the much smaller zones along the Thai-Cambodian border which they administered. Although aware of this, the UN lacked the margin for manoeuvre and the political backing of member countries to do much about it. The end-result was that almost nothing was done to remove key state structures from factional domination. For the same reasons, despite gathering evidence of widespread human rights abuses, UNTAC could not penetrate the wall of official impunity.

 

UNTAC did have major successes, particularly where it could do things itself - such as repatriating 350,000 refugees, promoting human rights awareness and organising the elections. In the longer perspective, the mere presence of 22,000 well-paid UN personnel throughout Cambodia greatly accelerated the fledgling process of economic and political liberalisation. But UNTAC's mandate, organisation and resources were designed for a peacekeeping rather than a peaceimplementation operation: where the factions refused to implement their commitments, UNTAC ultimately decided it could not force them into compliance.

 

The May 1993 elections

 

The Paris agreements foresaw the elections taking place in a neutral, peaceful, free environment. By May 1993, despite admitting such an environment did not exist, the UN insisted on holding the elections on schedule. FUNCINPEC and the BLDP, believing the CPP enjoyed a huge advantage, considered a boycott but were dissuaded by strong international pressure and the relatively peaceful and successful character of their final month of campaigning.

 

The gamble paid off. In a festive atmosphere, the hitherto silent Cambodian masses withstood the intimidation of both the Khmer Rouge and the CPP. Despite Khmer Rouge efforts to coerce people into joining its boycott of the elections, 89% of those registered turned out to vote. And despite the CPP's liberal use of violence and the SoC structures, it lost. Prince Ranariddh's FUNCINPEC won 58 out of 120 seats in the new assembly with pledges to return Sihanouk to power, forging peace with the Khmer Rouge and ending corruption and Vietnamese immigration. FUNCINPEC's long-time ally, the BLDP, gained 10 seats. The CPP, whose campaign focused on the need to fight the Khmer Rouge militarily and on accusations that FUNCINPEC and the BLDP were Pol Pot stooges, won 51 seats. Only one seat went to any of the 17 other parties.

 

Unfortunately, UNTAC's success in promoting and harnessing this overwhelming enthusiasm for democracy proved less important than its inability to bring about the institutions and environment necessary for a democratic transition. The CPP refused to accept the results and, by means of the gun, forced its way into the dominant position in a coalition government with FUNCINPEC (see box).

Gun-barrel democracy

When the CPP failed to gain its expected electoral victory, it immediately rejected the results, alleging that UNTAC had fixed them. Fearing an imminent coup, Prince Sihanouk suggested that the results be put aside in favour of a 50:50 coalition between CPP and FUNCINPEC (in line with his long-held preference for a grand coalition under his own leadership). When his son and FUNCINPEC President, Prince Ranariddh, initially refused, the CPP activated its contingency plan, threatening a secession of its heartland east of the Mekong and renewed civil war. Since neither FUNCINPEC nor UNTAC were in a position to confront the CPP militarily, and since FUNCINPEC and its allies lacked the two-thirds majority necessary to push through a new constitution, Ranariddh reluctantly accepted Sihanouk's compromise.

 

In return, the CPP accepted the fact (although never the validity) of the election results and the new assembly voted in a 'provisional national Government' with Ranariddh and the long-time SoC Prime Minister, Hun Sen, as co-premiers. The assembly proceeded to prepare a liberal Constitution which re-created the Kingdom of Cambodia. On 23 September 1993, Sihanouk returned to the throne after a gap of 23 years. The provisional government was renamed the Royal Government of Cambodia and the co-premier system was retained, with Ranariddh as the 'first' Prime Minister and Hun Sen as the 'second'.

 

The other two parties in parliament joined a government of national unity, which thus faced no formal opposition. Talks on bringing the Khmer Rouge into the government, however, floundered because the political positions of the CPP and Khmer Rouge remained irreconcilable. The war in the countryside continued.

Notwithstanding the dubious circumstances of the coalition's creation and the continuing Khmer Rouge insurgency, the international community declared the elections and UNTAC a great success. After all, a principal aim of the peace process had been an internationally recognisable government, and now there was one which not only controlled most of the country but could also claim popular legitimacy. With much relief, the international community declared the Cambodian conflict over.

The power-sharing experiment, 1993-1996

 

Power-sharing as peacekeeping

 

Given its origins, the coalition was never simply a political deal to gain a parliamentary majority. Rather it was the key element in an unwritten power-sharing arrangement which kept the peace between the CPP and FUNCINPEC for three years. This was evident from two of the most unusual features of the coalition:

First, the power-sharing arrangement embraced not only the cabinet but the entire state. This reflected the fact that CPP and FUNCINPEC remained factions - with their own armies, police, media and bureaucrats - rather than ordinary political parties. While the CPP-controlled institutions and personnel instantaneously became those of the Royal Government, FUNCINPEC (and to a lesser extent the BLDP) integrated large numbers of existing and newly-recruited personnel into the already bloated SoC civilian and military apparatus.

 

Second, the two parties were formally equal, as symbolised by having co-premiers with equal power and status. Not only the government but virtually every state body - from police commissariats to ministerial departments - had the same dual-command structure. Whether they had a head from the CPP and a deputy head from FUNCINPEC, or vice-versa, or two equal heads in the case of sensitive departments like the ministries of interior and defence, each was supposed to function on the principle of 'consensus' (i.e. all decisions were to be mutually agreed by both parties). But equality had its limits: the CPP retained a crucial advantage for it successfully defended its monopoly over the courts and sub-provincial authorities whilst the police, gendarmerie and army were all headed by CPP nominees.

 

This consensus-based power-sharing structure naturally gave the CPP a veto over all decisions of the new government. For the system to work at all Ranariddh had to make significant concessions. He thus acquiesced in fighting and outlawing the Khmer Rouge, sidelining his father - who spent most of the post-election years in Beijing in poor health and spirits - and generally making no attempt to exert FUNCINPEC's parliamentary strength or implement his electoral pledges. Instead, Ranariddh concentrated on such common ground as existed with his co-premier: promoting foreign relations, economic development and their own power and wealth. For nearly three years, the two men cooperated surprisingly well on a programme of economic liberalism and political conservatism.

 

The decline of the state

 

State power is both a means and an end in the Cambodian conflict. Without access to either state power or foreign assistance, the Khmer Rouge weakened significantly after 1993. By contrast, the CPP and FUNCINPEC, by sharing power as Cambodia opened up to international trade and investment, developed new sources of revenue independent of their former foreign patrons. Whilst the state remained reliant on foreign aid to fight the Khmer Rouge and to barely maintain Cambodia's appalling social services, the two parties grew rich on the spoils of office.

 

The simultaneous weakening of the state and strengthening of the parties was not restricted to finance. Instead of neutralising a 'One Party-State', power-sharing Cambodian-style created two separate 'Party-States', in effect two parallel structures of authority - one belonging to the CPP, the other to FUNCINPEC. Rather than working with their immediate counterpart from the other party, officials from the highest level down preferred to use their party clients and colleagues to conduct their business. Orders, loyalty and money flowed through these channels rather than the formal state apparatus. Hierarchical patron-client networks, a constant in Cambodian history, expanded and subsumed the state.

 

One result was that, instead of much-needed reform, the state continued to grow in size and weaken in effectiveness despite massive foreign aid. Within the context of uncontrolled liberalisation and easy access to weapons, the state's weakness fostered a lawless society in which not only non-governmental organisations (NGOs) and investors, but also armed criminals and drug traffickers operated freely.

 

The growth of the parallel structures of authority, moreover, affected power relations within the two parties. The dual structures were ultimately answerable to the co-premiers and thus significantly bolstered their personal authority and wealth. Until early 1996 - besides suppressing their mutual opponents in the Khmer Rouge, the press and parliament - each Prime Minister used the other's support to attack opponents within his own political party.

 

In the case of FUNCINPEC, Ranariddh used Hun Sen's backing to act against internal critics, notably the Finance Minister Sam Rainsy and the Foreign Minister Prince Sirivudh. Sam Rainsy was sacked and later expelled from parliament for his trenchant criticisms of the co-premiers. Sirivudh resigned in sympathy with Rainsy but was arrested in December 1995 on the trumped-up charge of plotting to murder Hun Sen. Although Hun Sen accepted the King's request to exile Sirivudh, he was sentenced to 20 years and Hun Sen vehemently opposed any plan to allow him to return.

 

The arrest of Sirivudh, the FUNCINPEC Secretary General and the King's half-brother, was the clearest evidence yet of how Hun Sen was using Ranariddh's weakness as co-premier to undermine FUNCINPEC and humiliate the royal family. It also signalled another step in Hun Sen's inexorable rise. During his time as SoC premier from 1985 to 1993, Hun Sen had always had to compete for influence within the CPP's collective leadership. After 1993, he used Ranariddh's support to successfully expand his own scope for action. Using the phenomenal financial resources he accumulated as co-premier, Hun Sen built a formidable personal power-base. This included a 1,500-man bodyguard and a media empire embracing several radio and television stations and over 20 newspapers.

 

Hun Sen's rise did not go unchallenged. Anti-Hun Sen resentment within the CPP lay behind a failed coup by elements within the Interior Ministry in July 1994 and remained a thorn in his side thereafter. Chea Sim, the CPP President, and his brother-in-law, Sar Kheng, co-Minister of Interior, disapproved of Hun Sen's aggressive tendencies and his inclination to act without consultation. But while they and many others within the CPP believed that Hun Sen was unnecessarily provoking FUNCINPEC, by 1996 they no longer had the power to restrain him.

 

Collapse of the coalition, 1996-1997

 

Cambodia's much-vaunted political stability foundered on two threats to the power-sharing arrangements in early 1996, one actual and one potential. The actual threat lay in the imbalance within the coalition as Hun Sen increasingly flexed his muscles vis-a-vis Ranariddh. The potential threat lay in the commune elections scheduled for 1997 (but eventually cancelled) and forthcoming parliamentary elections in 1998, which evoked the same hopes and fears as in 1993. Once again, these elections would bear the burden of deciding the winner and loser among armed adversaries in a country where there was no neutral state, a weak rule of law and where violence remained part of the political process.

 

Cambodia's stability was so fragile because it had not been built on a democratic process which could incorporate change and debate: indeed there had been little progress after 1993 in developing the institutions, fora and discourse essential for substantive political debate in Cambodia. Instead, stability rested on the denial of any political differences and the relationship between two all-powerful but impetuous men. When Hun Sen's provocations shattered that illusion, close cooperation turned into mortal enmity and the Cambodian conflict returned to centre stage.


Alliance building through 'national reconciliation'

The period from April 1996 to July 1997 was one of ever-increasing tension. Although the coalition continued on paper, in practice the state was split in two: it was a simple process for the dual structures to follow their leaders and move from coexistence to confrontation. In preparing for the inevitable showdown, whether it came in elections or on the battlefield, both parties competed for the allegiance of each and every political actor, from the most minor newspaper to the Khmer Rouge. On offer were money, positions and legal protection: any wrongdoing, from corruption to genocide, was considered subordinate to the need to build up one's party and personal networks.

 

Both parties used the label of 'national reconciliation' to cover their alliance building. For Ranariddh, 'national reconciliation' meant returning to the populist, anti-Vietnamese rhetoric of pre-1993 and re-embracing his former allies, including Rainsy, Son Sann and Khieu Samphan. For Hun Sen, 'national reconciliation' meant using his greater wealth and power to exploit internal differences within Ranariddh's 'National United Front' with the aim of bringing as many people over to his side as possible.

 

With the reduced relevance of post-1979 ideological stereotypes and the greater importance of money politics, alliance building became less predictable and more dynamic. Beginning in mid-1996, both Ranariddh and Hun Sen initiated tentative contacts with segments of the Khmer Rouge. Each offered attractive terms - continued control of armies, resources and territory; amnesties; senior military or provincial positions - beyond anything previously on the negotiating table.

 

This competition for its allegiance was the final straw which broke the Khmer Rouge's back (see box below). In August 1996 a faction associated with Ieng Sary, Pol Pot's Deputy Prime Minister for Foreign Affairs between 1975 and 1978, broke away. In the name of 'national reconciliation' Ieng Sary was amnestied by the government, and his movement, which controlled two major strongholds, cleverly maintained its autonomy. The revolt meanwhile spread rapidly to all of the Khmer Rouge in western Cambodia and other Khmer Rouge elements ended up joining both parties.

The collapse of the Khmer Rouge

The decline of the Khmer Rouge has been the greatest change in post-1991 Cambodia. As one of the last Maoist insurgencies it was ultimately doomed. Pol Pot's strategy rested on finding a way to dismantle the SoC apparatus, which never happened. Even if political opportunity had existed, the PDK was ill-equipped to exploit it. Its popular appeal was limited by memories of its period in power.

 

The movement's structure, thinking and leadership had become outdated and inflexible. Its organisational coherence depended on a paranoid isolation of its followers from the outside world and by exposing them, even temporarily, to peace and contemporary normality, the Khmer Rouge leadership sapped the will of its fighters. Without Chinese aid or Thai logistical support, its insurgency posed no serious threat to the Phnom Penh government. In mid-1994, lacking allies and ammunition and with morale sinking as peace and/or victory moved further away, Pol Pot sought to reinvigorate the movement with the 'class hatred' of the 'poor peasants'. He reintroduced the brutal Maoist rhetoric, discipline and tactics which the Khmer Rouge had, supposedly, renounced after the 'killing fields'.

 

The effect was to deepen the disillusionment felt by many Khmer Rouge cadres and combatants. Defections gathered pace until the movement finally collapsed in western Cambodia.

court.gif (21917 bytes)Unsure who to blame for this disasterous decline, and who should succeed an ailing Pol Pot, the remaining leadership fought amongst itself. In June 1997, Pol Pot had his ex-defence minister, Son Sen, killed and tried to purge his veteran deputies, Nuon Chea and Ta Mok. He failed and was himself arrested, underwent a show-trial and was sentenced to life-long detention. By the time of Pol Pot's fatal heart attack on 14 May 1998, the movement itself was on the point of total collapse, with virtually no troops or territory. The vast majority had - for reasons of pragmatism, money or war-weariness - sided with their long-time enemy, Hun Sen.

 

In October 98, Nuon Chea, Khieu Samphan and Ta Mok, the key remaining members of the Khmer Rouge leadership, remained in the jungle - their fate uncertain.

Picture: Pol Pot is assisted on leaving a 'People's Tribunal' in Anlong Veng after a public denunciatin by former Khmer Rouge subordinates - 25 July, 1997. Source: Nate Thayer.

The July 1997 coup

It was always likely that the stand-off between the co-premiers would end in violence. Hun Sen had already shown a willingness to revert to the threat and actuality of force. The worst single act of political violence was a March 1997 grenade attack against a Sam Rainsy-led demonstration outside the parliament, which left at least 16 people dead. According to a UN investigation, the attack was organised with the complicity of Hun Sen's bodyguard.

 

Any political solution - including new elections - depended on cooperation between Hun Sen and Prince Ranariddh, the absence of which was the cause of the stand-off. But the passive, disinterested attitude of the international community further contributed to the stalemate. The nations which had worked so hard to bring peace failed to capitalise on the leverage that the Paris agreements and their foreign aid gave them. All they offered were unco-ordinated and toothless appeals to the goodwill of Cambodia's leaders who, all evidence suggested, had none.

 

Confident that the outside world would take no action provided the façade of parliamentary democracy and coalition government was maintained, Hun Sen took action to undermine Ranariddh's position, first by fostering a revolt among FUNCINPEC members of parliament and, when that failed, by taking military action. Beginning on 2 July 1997, his forces disarmed FUNCINPEC-aligned troops first around, and then within Phnom Penh itself. The fighting in the capital, over the weekend of 5-6 July, left an estimated 100 civilians dead. The public aim of this unilateral military action was to arrest and replace Ranariddh.

 

The pretext centred on allegations that Ranariddh had brought thousands of Khmer Rouge soldiers into Phnom Penh in a plot to bring back Pol Pot's 'genocidal regime'. Although Ranariddh had indeed been negotiating with the Khmer Rouge remnants immediately before the coup, Hun Sen's allegations were baseless: no hardline Khmer Rouge were found among FUNCINPEC's forces in Phnom Penh and former Khmer Rouge from western Cambodia were by then at least as prominent among Hun Sen's forces as they were in Ranariddh's.

 

Post-coup, pre-election

 

Having gained power, Hun Sen still needed to secure legitimacy. Instead of suppressing all opposition, Hun Sen chose his targets carefully: his real aim, besides dismissing Ranariddh, was to demolish FUNCINPEC's parallel military and bureaucratic structures while retaining the façade of the coalition. In the immediate aftermath of the coup, senior figures in the FUNCINPEC military and police were captured and executed. The remaining FUNCINPEC forces proved no match for the larger and better-equipped CPP forces.

 

Hun Sen moved equally quickly to consolidate his political authority. Using the two-thirds majority in parliament which he now obtained through the co-option and intimidation of several FUNCINPEC MPs, Hun Sen had Ranariddh replaced as first Prime Minister by the politically malleable Foreign Minister, Ung Huot. This effectively meant that the FUNCINPEC structure came under Hun Sen's control. Hun Sen also used his new parliamentary majority to cement his control over the judiciary: the two highest constitutional bodies, the Supreme Council of the Magistracy and the Constitutional Council, were both formed with clear CPP majorities (as was the National Election Committee the body responsible for organising the 1998 parliamentary election).

 

Although the international response to Hun Sen's actions was muted, he did suffer two major diplomatic setbacks: ASEAN suspended Cambodia's entry and the country's UN seat was left vacant, at Washington's insistence. Equally important, Cambodia's economy was simultaneously hit by the flight of investors after the fighting, the suspension of aid by the US, Germany, IMF and World Bank, and the regional financial meltdown. For both political and economic reasons, therefore, Hun Sen intensified his close ties with China. He also sought to ensure that preparations for parliamentary elections were sufficiently credible for the international community to bankroll the process and recognise the results. Once again, the focus of the Cambodian conflict shifted temporarily from the bullet to the ballot.

Diplomatic Pragmatism

 

ASEAN's response to the July 1997 coup

By Sorpong Peou

signing.gif (15621 bytes)The July 1997 overthrow of Prince Norodom Ranariddh by co-Prime Minister Hun Sen came as little surprise to the members of the international community who had helped bring about the 1991 Paris agreements. But their political disengagement from Cambodia following the 1993 UN-organised elections had left them with few easy options for responding to renewed tensions and, for most of them, it was no longer a priority.

The members of the Association of Southeast Asian Nations (ASEAN), on the other hand, remained acutely aware of the threat Cambodia's internal problems posed to their security. Plans underway at the time to integrate Cambodia into ASEAN were seen as key to bolstering the country's fledgling peace and regional stability. While it was logical that ASEAN take the lead in managing the crisis which quickly spread to the western provinces bordering Thailand, it soon became apparent that it was ill-equipped to decisively influence events alone.

 

ASEAN and conflict containment

 

Since its inception in 1967, ASEAN has been extremely successful at reducing tensions and averting military confrontation between member states despite sharply diverging interests on many matters. ASEAN's collective political coherence, even in the absence of military strength, was also a key factor in preventing it from becoming embroiled in the Vietnam War during the 1970s. Yet ASEAN has always been ill-equipped to prevent or resolve conflicts in non-member states. The alliance was, after all, designed to further the interests of its members and its cohesion is dependent on strict adherence to principles of 'non-interference' (see box).

 

The constraints this poses on ASEAN were illustrated when Vietnam invaded Cambodia in 1979 to drive the Khmer Rouge from power. Fighting escalated in Cambodia in the early 1980s between the tripartite 'resistance' movement comprising the Khmer Rouge and two non-communist factions - FUNCINPEC and the KPLNF - and the Vietnamese-backed Phnom Penh regime. Despite the threat this posed to regional stability, ASEAN was able to do little but contain the conflict. The group lacked the collective military capability to expel Vietnam from Cambodia and - being perceived by Vietnam as too closely linked to its former enemy the US - was not in a position to play a mediatory role either.

 

Differences within the grouping on how to respond to Vietnam's occupation of Cambodia led some ASEAN members to act individually. For example, Indonesia was more inclined to accept Vietnam's pre-eminence in 'Indochina' (comprising the former French colonies of Cambodia, Laos and Vietnam) which it saw as a strategic check on China's ambitions in the region. Thailand, on the other hand, felt threatened by Vietnam's presence on its borders and, along with Singapore, channelled US and Chinese military assistance to the resistance factions. All ASEAN member states nonetheless agreed on the need to use diplomacy to keep the conflict on the international agenda and to bring pressure to bear on Vietnam to withdraw from Cambodia.

 

With ASEAN's backing, the resistance factions occupied Cambodia's UN seat under the name of the Coalition Government of Democratic Kampuchea (CGDK) and Cambodia was further isolated internationally. While this strategy prevented the Vietnamese-backed regime from consolidating power in Cambodia, it was only under intense pressure from the permanent five members of the Security Council, main sponsors of the Khmer factions, that the war was brought to an end. During the peace process, ASEAN countries played a significant role in promoting dialogue between the factions by hosting a a range of peace conferences in both Indonesia and Thailand. Moreover, each of the ASEAN countries contributed troops to the UN peacekeeping mission which implemented the 1991 Paris agreements.

 

However, when Cambodia regained its full sovereignty after 1993, the ability of ASEAN, like most members of the international community, to influence political events in Cambodia was greatly reduced. This was all the more so because ASEAN did not enjoy much economic leverage over the new government, given the very small amounts of reconstruction assistance its countries were providing. At the same time, however, optimism regarding prospects for a lasting peace in Cambodia were high, and what preoccupied ASEAN most after 1993 was securing Cambodia's membership. This would realise its goal of creating 'one Southeast Asia' with both the tangible and symbolic benefits this entailed for a common identity, market and security.

 

Having Cambodia in, instead of out - it was thought - would also allow ASEAN to help manage any problems which might eventually arise. The promise of membership could thus be used as an incentive to bring some influence to bear on events in the country. Accordingly, Cambodia was granted 'observer status' in 1994 and ASEAN countries followed this up by providing technical assistance to hasten and facilitate the transition to full membership. Yet when Cambodia's political situation began to deteriorate in early 1996, threatening the country's accession to membership and the stability of ASEAN as a whole, it could do little but make toothless appeals for peace to Cambodia's bickering leaders.

 

In May 1996, Malaysian Foreign Minister, Abdullah Badawi, warned the co-Prime Ministers against an escalation of violence which would delay Cambodia's entry into ASEAN. This was followed with a strong message from Singaporean Prime Minister Goh Chok who, during a November trip to Phnom Penh, stressed the link between political stability and increased foreign investment. Tensions continued to mount, however, and ASEAN's decision in early 1997 to admit Cambodia, along with Myanmar and Laos, at its forthcoming 23 July annual meeting failed to prevent Hun Sen from moving against his coalition partner on 6 July.

 

Some days later, as fighting between forces loyal to the two Prime Ministers spread into Cambodia's western provinces bordering Thailand, Deputy Prime Minister Anwar Ibrahim of Malaysia acknowledged that ASEAN's 'non-involvement in the reconstruction of Cambodia contributed to the deterioration and final collapse of national reconciliation'. For the first time the idea of a more 'constructive intervention' in Cambodia's affairs involving diplomatic mediation was openly advocated. While it was clear that ASEAN had a real interest in responding pro-actively to Cambodia's political problems, this meant breaking precedent with its hallowed principle of 'non-interference'.

ASEAN's 'inward-looking' mandate

ASEAN was formed in 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand with a primary aim being to foster regional peace and security and to prevent external interference in any form. Brunei Darussalam was granted membership in 1984, Vietnam in 1995, and Laos and Myanmar in 1997, bringing the total membership of ASEAN to nine. Cambodia's accession to membership was postponed indefinitely following the July 1997 coup.

 

While internal security and stability are also major preoccupations for ASEAN states, the Treaty of Amity and Cooperation adopted in 1976 - the so-called ASEAN 'code of conduct' - stresses the sacred nature of 'state sovereignty'. The association does not have a mandate to mediate in the internal problems of its members, much less those of non-member states, and has traditionally limited its role to providing diplomatic support to member states in international fora such as the UN.

Constructive engagement

A few days after Prince Ranariddh's overthrow at a 10 July meeting of ASEAN Foreign Ministers in Malaysia, a firm, though far from punitive, position was adopted. The issued statement reaffirmed a joint commitment to the principle of non-interference in the internal affairs of other states, but considered Hun Sen's use of force 'unfortunate'. It was also announced that Cambodia's admission into ASEAN would be delayed 'until a later date' and that Prince Ranariddh would continue to be recognised as the 'first' Prime Minister of Cambodia. This announcement was backed up by the United States' decison to suspend its aid to Cambodia for a period of 30 days as well as sanctions imposed by other countries.

 

Consensus emerged at the summit of the Asian Regional Forum (ARF) which followed shortly afterwards, bringing together ASEAN countries and dialogue partners including the US, Japan, Russia, China and the European Union, that ASEAN should take the lead in addressing the crisis. The dilemmas were evident: to insist on returning Prince Ranariddh to power seemed unrealistic, and would restore the unwieldy coalition government which many countries felt had led to the crisis in the first place. At the same time, a weak reaction would call into question the international community's stated commitment to the Paris agreements and their support for Cambodia's fledgling democracy.

 

Instead, a strong appeal was made to Hun Sen to adhere to the Paris agreements and the Constitution and ensure that the elections scheduled for May 1998 took place. In the meantime, a 'troika' of three Foreign Ministers (Ali Alatas of Indonesia, Prachuab Chaiyasan of Thailand, and Domingo Siazon of the Philippines) was formed to define a mediatory role and push for a peaceful resolution to the crisis. With King Sihanouk's blessing, the ASEAN troika arrived in Phnom Penh on 19 July to talk with Hun Sen for the first time. The meeting accomplished little, however, with Hun Sen demanding that ASEAN either admit 'his' country by 23 July or 'forget it for the next five or 20 years'.

Internal realignments, mixed reactions

Despite the appearance of unity given by the joint statement, ASEAN's rather weak reaction to the July coup was indicative of the substantial political realignments underway in the regional forum. Vietnam, the newest ASEAN member, remained sympathetic to Hun Sen given both their strong historical links and Prince Ranariddh's publicly hostile attitudes toward Hanoi. Within days of the outbreak of violence, Hanoi expressed appreciation of Hun Sen's 'contribution' to the 'consolidation of friendship and cooperative relations between the two states'.

 

Thailand, Singapore and the Philippines, on the other hand, reacted negatively to the coup, though this did not mean a renewed willingness on their part to support an anti-Phnom Penh armed resistance movement, as they had during the 1980s. In fact, Thai Prime Minister Chavalit Yongchaiyudh even refused to meet with Ranariddh after the coup despite the fact that his counterparts in Indonesia, the Philippines and Singapore, had done so. Relations between the two had cooled dramatically since 1993 with Ranariddh seen as unappreciative of past support the Thais had provided to his royalist faction. Moreover, with fears of Vietnamese 'expansionism' in sharp decline in Thailand, commercial interests had quickly come to take precedence over traditional political concerns, and lucrative business relations had been established between associates of Chavalit and Hun Sen.

 

The backdrop to these mixed responses was the emerging regional economic crisis which increasingly preoccupied the ASEAN countries. The reality, moreover, was that their own mixed record of democracy left them poorly placed to criticise Hun Sen. This was forcefully brought home in January 1998 when Hun Sen snubbed the ASEAN countries, noting that on 'other things, like economics, they can teach us, but on the subject of democracy and human rights, they must not teach us.'


Hun Sen eventually accepted ASEAN's mediatory role on condition that it refrain from interfering in Cambodia's 'internal affairs' and respect a role of strict neutrality. By the end of July, however, Hun Sen had pressured the National Assembly to revoke Prince Ranariddh's parliamentary immunity. This would allow the Prince to be charged with the 'crimes' of illegally importing arms and colluding with the Khmer Rouge - Hun Sen's stated justifications for overthrowing Ranariddh in the first place. Ung Huot, a former Ranariddh minister, was then appointed the new 'first' Prime Minister in order to maintain the illusion that the coalition government was still intact.

 

At a second meeting between the troika and Hun Sen on 3 August, Hun Sen again criticised ASEAN for interfering in Cambodia's internal affairs. In response to requests that Ranariddh be allowed to return to Cambodia, Hun Sen would henceforth argue that the problem of Prince Ranariddh was a 'legal' one, not a political one, and demand that the Prince cease his armed resistance and face trial for his crimes. While ASEAN, for its part, continued to maintain that there would be no change in Cambodia's 'observer' status within ASEAN until political stability had been achieved, by late August it had stopped raising the issue of who was Cambodia's legal 'first' Prime Minister.

 

As Malaysian Foreign Minister Abdulla put it: "To us, the question of recognition no longer arises. Our principle is that we have to deal with whichever government is in Phnom Penh". This change of heart was indicative of ASEAN's weakening ability to influence events in Cambodia and Hun Sen's increasing consolidation of power. The remaining fighters loyal to Prince Ranariddh were by then boxed in at O'Smach, their last stronghold on the Thai border, while a number of FUNCINPEC deputies and ministers had made a pragmatic decision to return from exile and work with Hun Sen. Moreover, at the end of October, Cambodia's head of state - King Sihanouk - abruptly departed for China when Hun Sen rebuffed his efforts to mediate in the crisis.

 

Hun Sen's strengthening position at home, however, did not obviate the need for him to regain some form of international legitimacy which only the elections scheduled for May 1998 could provide. ASEAN declared that it would not grant Cambodia membership until after the elections had taken place and also supported a UN decision to leave Cambodia's seat vacant until such a time. This struck a real blow to Hun Sen. His heavy dependence on international funding to organise credible elections thus opened the way for Cambodia's major donors to become more actively involved in finding a solution to the impasse.

The 'Four Pillars' peace plan

1) All parties should abandon any cooperation with the Khmer Rouge, who are specifically forbidden by the terms of the Paris peace accords from participation in Cambodian political life.

 

2) Both the Royal Cambodian Armed Forces (RCAF) and the forces loyal to Prince Ranariddh should implement an immediate ceasefire on the basis that Cambodian territorial integrity should be respected and the soldiers of the former RCAF should be re-incorporated into the RCAF with their original status and safety guaranteed.

 

3) The Cambodian legal authorities should conclude Prince Ranariddh's trial as soon as possible, after which the King should immediately bestow amnesty on the Prince on the basis of a petition from his family or other parties.

 

4) The Royal Cambodian Government should guarantee Prince Ranariddh's security and safety in Cambodia and should not bar him from participating in the election, so long as he observes the law of Cambodia.

The Japanese initiative

Building on a growing international consensus for the need to link funding for elections to Prince Ranariddh's return, Japan, Cambodia's largest donor, advanced the so-called 'Four Pillars' peace plan in January 1998. It called for a ceasefire between troops loyal to the two sides, for Prince Ranariddh to distance himself from the Khmer Rouge and reintegrate his forces into the Royal Cambodian Air Forces, and for him to be tried and amnestied of all crimes. The peace plan would thus satisfy Hun Sen's demand to try Prince Ranariddh for his alleged crimes while allowing the Prince to return to Cambodia and contest the elections, by now delayed until July.

 

On 15 February, the ASEAN troika endorsed the Japanese plan at a consultative meeting of the 'Friends of Cambodia', an informal diplomatic group of countries involved in the Paris agreements. The group included Australia, Canada, China, the European Union, Japan, Russia and the United States; countries whose political and financial clout would underpin the peace plan's effectiveness. Hun Sen immediately and unconditionally accepted the Japanese proposals. Ranariddh initially rejected them, arguing that his alliance with the Khmer Rouge was 'informal' and protesting his innocence of any significant wrongdoing, but later accepted the peace plan.

 

The overriding objective of the international peace plan was to ensure Prince Ranariddh's return to Cambodia. The questions of whether there was any legal justification for a trial and whether the Prince would be tried fairly were not addressed. In two separate 'show trials' which took place in Phnom Penh in March, Prince Ranariddh was found guilty in absentia of importing arms illegally into the country and colluding with the Khmer Rouge. He was sentenced to 35 years in prison and fined US $54 million. Then, in line with the peace plan, King Sihanouk granted his son an amnesty in response to a request from Hun Sen, thus opening the way for the Prince's return to Cambodia on 30 March.

 

The Japanese peace plan revived flagging international support for the elections, though it had required few concessions from Hun Sen. He still maintained full control over the state and the electoral machinery while the Prince's party, FUNCINPEC, and the other opposition parties were split and in disarray. In the run-up to the July vote the international community stressed to Hun Sen the importance of creating a 'neutral political environment' so that the elections would be free, fair and credible. As main funders of the elections, neither Japan nor the European Union were willing to withhold their assistance when it became evident that such an environment was not emerging.

". . . if we opposition leaders were indeed immoral then we would accept the undemocratic outcome that the ruling party has engineered. If we were indeed irresponsible, then we would ignore the democratic aspirations of our people . . ."

 

Prince Ranariddh and Sam Rainsy responding to Domingo Siazon, Foreign Secretary of the Philippines, who suggested it would be "highly immoral or irresponsible" for them not to form a government with Hun Sen, September 1997

Limited options

Many countries - including most members of ASEAN - felt strongly that Hun Sen offered Cambodia badly needed stability at the time. On balance, it was argued that flawed elections were better than no elections at all and there were few alternatives to address the crisis. Despite the fact that Hun Sen's victory was secured under the shadow of widespread allegations of fraud, ASEAN and other countries placed immense pressure on opposition leaders Prince Ranariddh and Sam Rainsy to form a coalition government with him. This would grant Cambodia international 'legitimacy' again and open the way for it to become a full member of ASEAN.

 

Even once Cambodia becomes a member, ASEAN will still face the same dilemmas as it tries to influence the country's internal affairs. In reality, no member is yet prepared to sanction the surrender of sovereignty that a more interventionist approach would entail, a move which might very well prove terminal to the regional grouping. In the absence of political consensus or the joint capacity to exercise economic leverage, ASEAN's crisis management role will remain limited to containing the worst effects of Cambodia's political crises until more viable solutions can be found.

 

Picture caption: Rebuffed by Hun Sen: the ASEAN 'troika's' attempt to mediate following the July coup. From left to right: Domingo Siazon of the Philippines, Ali Alatas of Indonesia and Prachuab Chaiyasan of Thailand. Source: David van der Veen.

 

Cambodia's Agonising Quest

 

Political progress amidst institutional backwardness

By Lao Mong Hay

kingpray.gif (19781 bytes)Since independence in 1953, Cambodia has been ruled by a diverse array of governments which have successively claimed to be monarchist, republican, revolutionary, socialist and, most recently, democratic in nature. The political orientations of these governments have varied widely, as has the impact of their policies on the fortunes of Cambodians. Despite these seeming shifts, a more consistent aspect of Cambodia's political life has been the retention of power in the hands of elites. The provisions made, in the better of Cambodia's first five constitutions, to safeguard citizens' rights have never given rise to effective legal checks on the use of power.

 

In theory, Cambodia's 1993 Constitution, based on liberal democratic principles, goes further than preceding ones in preventing the abuse of power. But the system of 'checks and balances' it provides for is sharply at odds with Cambodia's deeply conservative political culture and its authoritarian underpinnings. While politics in Cambodia today are in some ways more open, pluralist and accountable than ever before, at the same time they have never been so violent or corrupt. Public awareness regarding the functioning of democracy has surged in recent years, yet Cambodians still face an uphill struggle to have their Constitution respected as the supreme law of the land.

 

Rapid social change

 

At the time of the 1991 Paris agreements, Cambodia had been closed to the outside world for a period of almost two decades. With the arrival of the United Nations Transitional Authority in Cambodia (UNTAC), charged with implementing the agreements, Cambodia was opened up to a world experiencing rapid economic growth, a dramatic revolution in information technology, and the seeming triumph of democracy over communism. The Paris agreements envisaged that integrating Cambodians into this radically different, 'free' world would alert them to their fundamental rights and freedoms and help consolidate the country's fledgling peace.

 

Under the watchful and protective eye of UNTAC, Cambodians created or joined political parties, and many more attended political rallies. In the May 1993 elections Cambodians voted en masse, the majority of them calling for a new government and an end to their long war. While Cambodians were still perhaps unclear about the exact mechanism by which their votes would translate into political change, they were more hopeful than at any time in recent memory that the changes which lay ahead would be positive.

 

In the years following UNTAC's departure, many Cambodians came to enjoy the benefits of the information revolution. The local media played an important role in informing and mobilising public opinion, as did local NGOs which provided thought-provoking criticisms of government policies and offered alternatives for the public to consider. As a consequence, Cambodians not only became more aware of events and developments in their country and the wider world, but also began to have opinions on them. During this period, many Cambodians actively followed parliamentary debates and listened to political speeches.

 

The people began to notice that their leaders, while seeking to cultivate their support, were also increasingly dependent on it to stay in power. While UNTAC had enabled this initial political awakening to take place, Cambodians were subsequently emboldened to seek to influence government policy. After 1993, growing numbers of Cambodians demonstrated for better conditions in the factories where they worked, submitted complaints to the parliamentary Human Rights Commission and protested in front of the National Assembly to demand political reforms. Cambodian society became more dynamic and was moving ahead rapidly, though too fast for some.

 

The March 1997 grenade attack in front of the National Assembly which killed 16 demonstrators was a dramatic indication that the freedoms conceded to Cambodia's people during the UNTAC era were gradually being curtailed. It became clear that the lack of any meaningful mechanism to activate the grand provisions enshrined in the constitution could not protect even the most basic of human rights.

Constitutional provisions for a separation of powers

Article 1 states that 'Cambodia is a Kingdom with a King who shall rule according to the Constitution and to the principles of liberal democracy and pluralism.'

 

Article 51 of the Constitution provides for a separation of powers between the executive (the Royal Government), the legislature (the National Assembly) and the judiciary. The Constitution also provides for specific roles to be played by the King, the Constitutional Council, the National Congress and the Supreme Council of the Magistracy in order to ensure the separation of powers is maintained.

The King is the head of the Royal Government, though the important principle is that he 'shall reign but shall not govern'. He appoints the Prime Minister and the Council of Ministers which govern. They are collectively responsible to the National Assembly and can be dismissed by it. The King also has the right to initiate amendments to the Constitution and to grant amnesties.

 

The National Assembly has the exclusive responsibility to make laws and it is only laws adopted by it that the King is required to promulgate. The Royal Government executes and implements these laws. The National Assembly must also approve all rules made by government authorities under any laws passed by it.

The judiciary is an independent power and includes the Supreme Court and all of the lower courts. Under the Constitution, the legislative or executive branches, including the Ministry of Justice, have no judicial power. Only the Supreme Council of the Magistracy, which is an independent body chaired by the King, has the right to appoint, transfer or remove judges. The King has the sole power to serve as guarantor of the independence of the judiciary.

An absence of checks and balances

Cambodia's 1993 Constitution today remains little more than a proclamation of intentions. Article 51 stipulates that 'all powers belong to the people' and that they will 'exercise these powers through the National Assembly, the Royal Government and the Judiciary'. The establishment of these three branches of government corresponds closely with the liberal democratic spirit of the Paris agreements though in practice there is not yet a separation of powers. This can be seen most clearly with regard to the National Assembly which was directly elected by the people.

During its first term, the National Assembly was unable to exercise its legislative powers effectively or to control the government as foreseen by the Constitution. Not a single private bill was considered by Assembly members, let alone adopted; all legislation passed was drafted by the government. Rarely did the Assembly question either Prime Minister, or indeed any minister at all. In most of the debates which took place, the same few members of parliament took the floor and most deputies toed the lines imposed by party leaders. The National Assembly, in short, quickly became a 'rubber stamp' of the government.

While the effectiveness of the National Assembly was undermined by a packed legislative schedule and the lack of technical expertise needed to draft laws, the real problem was the absence of conditions conducive to open debate and the blatant disregard by both the CPP and FUNCINPEC for constitutional procedure. Party leaders regularly suppressed debate on sensitive issues or delayed the passage of legislation which threatened the stability of the fragile governing coalition or personal interests.

The generally tense political climate did not favour the creation of other bodies intended to serve as checks and balances on the use of power. The National Congress during the 1950s and early 1960s, was an annual open-air meeting at which the population received government reports and raised issues of concern with their government. In the 1990s it could have served as an outlet for popular grievances, and as a way for the people to interact directly with their representatives, but it has never been convened.

The role of the Constitutional Council was to interpret the Constitution and ensure the legality of all laws made by the government. It was not established until May 1998 when international pressure mounted on the government to ensure that there would be a legal mechanism to adjudicate disputes arising from the July 1998 elections. Even then the independence and legitimacy of the council was quickly called into question because it had not been formed in accordance with the procedures outlined in the Constitution.

The Supreme Council of the Magistracy, for its part, was intended to assist the King in ensuring the independence of the judiciary. It has only met once and, as a consequence, the promised reform of the judiciary has never come about. Most current judges were appointed before 1991, more on the basis of their political loyalty to the CPP than on merit. Few have adequate legal training or are considered impartial. Moreover, in blatant contravention of constitutional provisions regarding the separation of powers, the Minister of Justice - a government official - controls the judiciary.

Underlying this problem has been the inability of the King to effectively guarantee the independence of the judiciary as called for by the Constitution. In the face of a tendency by certain officials to interpret his every action as 'political interference', the King has consistently refrained from exercising his legitimate powers to the extent that is possible. Instead, he has been content to make general proclamations calling for human rights to be respected or expressing his disapproval of unfolding political events. The King's ability to check abuses of power has thus been greatly undermined and the monarchy's future role in Cambodia's political life is being called into question (see box below).

The monarchy's future public role: to reign but not to rule?

By Chea Vannath

Cambodia's monarchy has undergone many changes over the years, with the 'universal sovereigns' and 'absolute rulers' of the past giving way more recently to King Sihanouk's 'constitutional monarchy.' Even though his formal political role has been reduced, Sihanouk remains a powerful and stabilising force in Cambodian political life and has been regularly called upon by both Cambodia's politicians and international leaders to resolve recent crises. Sihanouk's role in promoting the negotiations which culminated in the 1991 Paris agreements was decisive. Following both the 1993 and the 1998 elections, he was prevailed upon to resolve the political deadlock over the formation of the new government.


The monarchy rejected

At the same time, however, the monarchy has often been perceived as a threat by Cambodia's political strongmen. Repeated efforts have been made to eliminate it, starting with King Sihanouk's overthrow in 1970 by his own government, again during the Khmer Rouge era when Sihanouk was under house arrest, and in the 1980s when the ruling State of Cambodia regime resisted efforts by armed groups, including the royalist faction founded by Sihanouk, to overthrow it.

Even though reinstated as King in 1993, Sihanouk has since been politically marginalised. Second Prime Minister Hun Sen and other anti-royalists often criticise him for interfering in government activities, while others interpret his reluctance to exercise his full constitutional powers as a sign of weakness. Other members of the royal family - Prince Ranariddh, Prince Chakrapong - Ranariddh's half-brother and Prince Sirivudh - the former Foreign Minister-have also suffered political hardship and humiliation at the hands of Hun Sen, resulting in at least temporary exile from Cambodia. This has been viewed publicly as a campaign to discredit the royal family and to keep it out of politics.


Competing schools of thought

One view of the monarchy is of an antiquated irrelevant part of political life. Proponents of this view want a purely democratic form of government where state affairs are run by elected institutions rather than individuals or privileged groups; all citizens should have equal access to top leadership positions. Moreover, it is argued that rural people remain loyal to the monarchy largely through ignorance and should be educated in the virtues of republicanism. The 1970 coup essentially emerged from the discontent of republicans and intellectuals who accused Sihanouk of autocratically handling state affairs and suppressing dissent by force.

The second school of thought argues that the majority of Cambodians still believe in the monarchy and that to abruptly break the ties between them and the monarchy would prove destabilising. The people look on Sihanouk, who led Cambodia to independence, as a patriotic leader and the 'father' of the nation. Despite the on-going campaign against the monarchy, public polls indicate that the King remains the most popular Cambodian political personality. Out of respect for the people's will, therefore, Cambodia is likely to remain a constitutional monarchy with the King as head of state.


A non-political role?

If the monarchy is to be retained as the majority wish, certain constitutional articles should be amended to reflect contemporary Cambodian realities. First, many feel that for the monarchy to unify the nation, it requires the respect of all concerned parties. Therefore, it should not get involved in political power struggles or in formal party politics.

 

Second, succession procedures should be clarified. A crown prince or princess (there is a strong case for women to be allowed into the royal line) should be identified far enough in advance to allow for the grooming of new monarchs and to prepare the people psychologically. Moreover, the title 'Monarch for Life,' as employed in the Constitution, should be modified to allow a monarch to abdicate if he or she should wish. In July 1997, Hun Sen rejected the King's wish to abdicate in protest at Prince Ranariddh's violent overthrow, accusing Sihanouk of insubordination before the supreme law of the land.

 

As the next millennium approaches, Cambodia's monarchy has a potentially crucial role to play in unifying the nation and promoting peace. For this to come about, however, it needs a clear vision and purpose and must itself adopt a proactive attitude towards reform and adapt to present-day realities. However, it is the Monarchy's very intimacy with Cambodian politics today, which poses the biggest challenge, as it seeks to define a new, more independent role for itself.

Centralization of power

 

In the absence of functioning checks and balances, state power has fallen increasingly into the hands of individuals. This was especially true following the ousting of Prince Ranariddh by co-premier Hun Sen in July 1997. Since that date, no one has been able to challenge Hun Sen who has consolidated control over the government, the National Assembly and the judiciary. He is also the sole commander-in-chief of the armed forces, meaning that political power in Cambodia is effectively controlled by a single individual.

 

A key consequence of the centralisation of power has been the institutionalisation of a culture of impunity in Cambodia. Both the powerful who can secure protection and the rich who can afford bribes remain above the law. They are able to secure out-of-court settlements or win law suits even when the case against them is well founded. In short, there are different rules for those with access to political power and those without. Even on issues of interest to the international community, such as drug trafficking and flagrant human rights abuse, Cambodia's powerful remain immune to outside pressure.

 

Another consequence is that the public service is far from politically neutral as called for by the Constitution. The 'dual' CPP/FUNCINPEC administration which emerged after 1993 was sharply divided along political lines. Even with renewed CPP domination of the bureaucracy, public interest still comes second to party or personal interests. Low salaries have forced public servants to hold second jobs and to extort bribes in order to make a living. With the complicity of corrupt superiors, public positions have in effect often been turned into private enterprises, leaving public servants trapped in a system of patron-client relations with little will or capacity to act in the public interest.

 

The post-1993 period illustrates that the political notions and practices of an earlier era do not simply come to an end with the promulgation of a new Constitution. Despite their rhetoric of democracy and human rights, the deeds of Cambodia's leaders have not matched their words. They pledged not to use violence to settle disputes, but have done so. They promised free and fair elections, but have not respected the will of the people. And to appease and divert attention from the real issues at stake, they have launched populist campaigns to liberalise laws on gambling, drinking and prostitution.

 

A 'social' check on power?

 

The mixed messages Cambodians are getting from their leaders have left many in a quandary. Cambodians are all too aware that, in the past, backward attitudes have carried their country to the brink of ruin. At present, this is stifling both social progress and economic development, the benefits of which many Cambodians have become accustomed to in recent years. Yet as they seek to push for political change, they are constrained by apathy, a lack of knowledge about how to act and social norms which do not encourage questioning of the status quo.

Following UNTAC's departure in 1993, a great burden was placed on Cambodia's young civil society to safeguard the fledgling democracy.

 

Cambodia has little tradition of civil associations, however, and despite the recent proliferation of non-governmental organisations (NGOs) involved in human rights monitoring and democracy education, the ability of civil society to 'discipline' the government remains limited. Though many civil associations embody and practise democratic values through their activities at a grass-roots level, civil society initiatives fall far short of the unity or the influence needed to ensure that the state upholds these values.

 

To conduct advocacy and represent people's interests with any real influence requires a certain autonomy which, as the case of the press shows (See box below), is still very limited. Many NGOs still rely heavily on international groups, or the government itself, for both funding and technical expertise. Though the government has been relatively tolerant of NGO activities in recent years, restrictive legislation under consideration during 1998 would reduce NGO freedom dramatically if adopted.

 

Moreover, even though political activism is increasing, many Cambodians are still content to accept the status quo or lack options to challenge it in the context of the extreme political and economic uncertainty gripping the country. Cambodians have become increasingly conscious of being poor or powerless, either inside or outside the ranks of the powerful and privileged. As a consequence, they are torn between acquiescence and action, between the urge to move up in the ranks of the privileged and protect personal or family interests and the moral obligation to challenge perceived injustices.

Drawn into the political maelstrom: Cambodia's nascent press

By John C. Brown

In common with other sectors of Cambodia's emerging 'civil society', the press has not remained immune from the country's culture of personality politics and patronage. During and after the UN intervention in Cambodia, a virulent opposition press emerged. Some 150 papers have been in operation at one time or another since 1993. When publication rates peaked, just before the July 1997 crisis, six dailies were publishing. In contrast, before the UN arrived, there were only seven government publications and no daily, private, or opposition press.


Freedom without responsibility

This dramatic expansion of the Khmer press stemmed not simply from political liberalisation but from a greater tolerance of unregulated private behaviour even when it had public consequences. Cambodia still is, it has been said, a country of very few formal liberties but a great deal of anarchic freedom. Attacks against reporters have occurred in recent years, and many suspect government involvement. For the most part, however, the print press in Cambodia has exercised its freedoms without constraint and, regrettably often, with little responsibility.

 

As desktop publishing equipment and newly-developed Khmer language fonts have become more available, private printing houses have proliferated. However, with the market for Khmer newspapers small, dozens of Khmer-language papers competing for sales and revenue from advertising limited, most newspapers have been dependent for survival on political patrons.

 

Khmer newspaper publishers are most attentive to the market created by the competition between political parties and personalities. Newspapers have published articles supporting opposition politicians, one or the other of the ruling parties, personalities within various parties or the King. With the exception of the minority royalist or republican papers, these newspapers are not ideological. Their focus is not primarily on the use of policy, but rather on the possession of power and who should or should not have it.


Patron politics

In this context, Khmer newspapers are criticised - to some extent rightly so - for being politically biased, inattentive to fact, and for failing to distinguish appropriately between factual reporting and opinion. That does not mean, however, that these newspapers cannot and do not also address serious issues, even as they help to further the political aims of their patrons, promoting political division even as they despair over the violence such divisions might produce.

 

Publishing peaked during each of the three political crises which preceded the July 1997 events. Newspapers attacked their political opponents, often slandering them through unsubstantiated and unfair accusations or fabrications. Across the political spectrum editors worried about a breakout in fighting even as they predicted it and, at times, threatened it. But as they wondered how political difficulties could be settled peacefully, it was clear - whatever the settlement - that their patron or party had to come out on top.

 

Apart from their political relationships, however, editors also worried about leaders who could act without constraint, about political competition that was not channelled into peaceful confrontation, and about the build-up of armed bodyguard units bound by loyalty to their political patron but outside the law. They wondered whether there was something wrong with a Cambodia that was seemingly continually faced with crisis. Though these newspapers had not developed a shared consensus for what constitutes professional journalism, they did share a concern for peace in Cambodia.


Regulation without democracy

In the West, the press is an important part of the formal organisation of democracy, exercising vigilance on behalf of an often inattentive and sometimes uncaring public. While it is criticised for its failure to do that job properly, the important fact is that shared - though often conflicting - conceptions of what the press is, what it might be, and what it should be, do exist. It is in light of these, sometimes contradictory images that its role is debated, criticised and shaped in mature democracies.

 

That such a press has not materialised in Cambodia should not be surprising. The remarkable post-UN proliferation of newspapers was made possible by democratic-like conditions (a political environment that was free, though intermittently - but never systematically - oppressive), but also by a Khmer political culture of personality politics and patronage. Until Cambodia's political competition is channelled into democratic confrontations, a consensus of opinion on the role of the press and how it should be regulated will be slow to emerge.

 

The risks of democratic tyranny

 

There is growing popular awareness in Cambodia today, as demonstrated by the public demonstrations following the 1998 elections, that direct action can lead to political change. Yet it is also clear that for political change to be meaningful and sustainable, a simple change in government is not enough. The conservative values underlying Cambodian politics must also give way to a more constructive emphasis on dialogue, compromise and mutual gain. In the absence of progress, democracy in Cambodia risks being simply a cover for a continuation of personalised rule and the abuse of power.

 

Cambodia's leaders can no longer hide behind the language of democracy and must realise that their people are more politically aware than ever before in their history. They realise that genuine democracy is not simply about how a government is elected, but about its goals. These must include a more competent and independent judiciary, greater equality before the law for all citizens, and the protection of constitutional freedoms and liberties. These goals are the yardstick by which Cambodia's people will henceforth measure their political leaders. Pursuing these goals is also the only way to consolidate Cambodia's fragile peace.

Picture: King Sihanouk, in self-imposed exile in Siem Reap, September 1997.
Source: Mak Remissa.

 

Steering the Middle Path

 

Buddhism, non-violence and political change in Cambodia

By Yos Hut Khemacaro*

* The author wishes to acknowledge the support of Dylan Hendrickson in the writing of this article.

tank.gif (20840 bytes)The limitations of the recent, internationally-inspired peace intervention in Cambodia highlight the need for a greater emphasis on peace-building initiatives which are grounded in the local Khmer culture. Buddhism is the sole institution which cuts across the deep political divisions separating Cambodians today. The tendency to see it as a passive religion has often led its great potential to be overlooked by outsiders. Khmer Buddhism's timeless message of non-violence and compassion offers an important platform for promoting constructive social and political change in Cambodia today.

 

Such a mandate is, however, still seen as controversial by many in Cambodia. Moreover, Khmer Buddhism's inherent conservativeness and its slow recovery from near annihilation under the Khmer Rouge leave it poorly placed to challenge prevailing social injustices. Cambodia's monks face real challenges and dilemmas as they seek to reconcile a greater public role with traditional Buddhist edicts requiring them to adopt a strictly non-partisan approach - the so-called 'Middle Path'.

 

Destruction and revival

 

Buddhism has always been much more than a religion in Cambodia: it is a social doctrine encompassing all aspects of life. Most Cambodians consider themselves Buddhists. The village-based monastic system which developed over many centuries in Cambodia effectively linked enlightenment with community involvement. Under the direction of monks, wats (temple-monasteries) became not only religious centres but also sources of popular education and social services. Buddhism, as a consequence, became the main medium through which the Khmer language and culture was transmitted, explaining why it remains intricately woven into the current social fabric despite Cambodia's tumultuous past.

 

The arrival of the French 'civilising mission' in 1863 set in motion significant changes in Cambodia's Buddhist culture. The Sangha (the formal Khmer monastic institution) was gradually forced to modernise and incorporate western-based teaching methods, although it continued to serve as the principal moral and institutional opposition to colonialism. Following World War II, Cambodia's westernised elites continued the transformation of the country from a Buddhist-influenced polity into a secular nation-state. The number of wats and monks nonetheless underwent a phenomenal rise at this time, though this was not necessarily accompanied by an increase in the quality of Buddhist practice.

 

Some suggest that rituals, ceremonies and festivals became increasingly bereft of meaning. Meditation and thinking on Buddhist principles were promoted with less intensity than recitation of the Pali scriptures. Among many monks, the quest for 'inner peace' took precedence over the development of a more socially activist role as had occurred in neighbouring Vietnam. Despite enjoying immense moral authority in their local communities, Cambodia's Buddhist abbots rarely sought to extend their influence into the political domain.

 

However, the Sangha would not remain immune from the deep ideological rifts that plagued Khmer society from the 1960s and 1970s as the Vietnam War spilled over into Cambodia. Some learned monks took an active part in the political tumult and the Sangha fell victim to neglect on the one hand and to western ideologies of both left and right, on the other. By the early 1970s fighting between communists and anti-communists, along with an intensive bombing campaign by the US, was creating severe social havoc across Cambodia.

 

This turmoil laid the groundwork for the Khmer Rouge's rise to power in 1975 and the virtual destruction of Cambodia's Buddhist culture. Defining religion as reactionary and a tool of the exploiting class, the Khmer Rouge systematically set out to obliterate Buddhism along with the minority faiths of Islam and Christianity. Many wats and the bulk of the Khmer Buddhist literary heritage were destroyed over the next four years. Monks, like ordinary people, were forced to pledge loyalty to the Angka ('Organisation' - a euphemism for the communist party). Very few of Cambodia's 65,000 Buddhist monks survived the Khmer Rouge's reign of power.

 

Despite the massive scale of human tragedy, however, the Khmer Rouge only succeeded in destroying the outward signs of Buddhism and not the beliefs within. Buddhism's recovery during the 1980s would be slow given the decimation of its leadership and moral influence, the lack of resources to rebuild, and the restrictions imposed on Buddhism by the new Vietnamese-backed government which had driven the Khmer Rouge out of power. Although Buddhism was formally restored as the national religion in 1988, and many of the restrictions on it lifted it has never resumed the status and role it enjoyed prior to the 1970s. This can in large part be explained by the decay of traditional values stemming from the war and Cambodia's increased exposure to outside cultures during the last century.

 

Yet the widespread building of wats in contemporary Cambodia, along with popular participation in a wide range of religious ceremonies, indicate that Buddhism remains very strong in people's consciousness. This suggests that Buddhism could potentially play a more active peace-building role than it has to date in Cambodia, although this would require a radical adaptation by Khmer Buddhists to the changes occurring in Cambodian society and the wider world.

 

Radical conservatism

 

Khmer Buddhism's inherent conservatism is a reflection of its development in an agricultural-based society. Peasants have traditionally sought to mitigate their economic insecurity through hierarchical patron-client relationships. The implied protection offered by elites in exchange for loyalty under this system has long stifled the development of a strong sense of collective social responsibility in Cambodia. Along with the high value placed on harmony in the Khmer culture, this has served as a strong disincentive among monks and the wider population to challenge the existing social order.

 

This conservative outlook on change persists in post-war Cambodian society due to low levels of formal education. In this context, Cambodians have become very discouraged about the persisting conflict and many believe that peace - when it finally comes - will come from outside. The Buddhist clergy continue to place more emphasis on serving as the 'conscience' of society than on actively seeking to transform it. Moreover, many monks are very young and lack both the education and the experience needed to effectively lead their monasteries or to gain the respect of the community.

 

The Buddha's 'step-by-step' approach to social change has resonance with political notions such as participation, democracy and human rights which have come from outside Cambodia. While these ideas are touted by some politicians as foreign imports, with little relevance to Cambodia, they are also found in the dharma (see box below). Buddha himself advocated democracy within the community of monks, citizen participation in government and opposition to tyranny.

 

Committed Buddhism requires active participation in social and political life, which in turn requires a clearer understanding by people of both their rights and obligations in the society in which they live. In the face of Cambodia's age-old traditions of deference and hierarchy, it is easy to misinterpret Buddhist teachings on forgiveness and justify inaction in the face of injustice. The key lesson of recent years in Cambodia is that peace is not sustainable if injustice prevails. Khmer Buddhists must take their faith out of the monasteries even at the risk of defying Buddhist edicts which have traditionally kept them out of public life.


The dharma: building peace 'step-by-step'

novice.gif (19603 bytes)Even though the Cambodian Sangha (the formal Khmer monastic institution) remains poorly equipped to address the social dimensions of peacemaking, a bold way forward is outlined in the dharma (the Buddhist teaching). The Buddha himself advocated a 'step-by-step' peacebuilding approach which envisaged a broad process of social change as the ultimate goal. The starting point is the quest for inner peace which, the Buddha taught, can only be achieved through a process of instruction, meditation and strict observance of the five precepts - to refrain from killing, stealing, sexual misconduct, lying and intoxication. As one is gradually liberated from one's greed, hatred and delusion, one attains greater spirituality.

 

The achievement of inner peace does not result in inactivity, but on the contrary leads to greater creativity in the face of society's problems. Buddhism links personal change to social change by teaching that a peaceful heart makes for a peaceful person, a peaceful family, community, nation and world. It is therefore not enough to simply wish for peace - Cambodians must actively contribute to achieving it, sustained in their relations with one another by the pillars of loving kindness, compassion and wisdom. Even if each Cambodian only follows these ideas partially, the country as a whole will be better for it.

Picture: novice monk, source: Roland Eng.


Steering the Middle Path

 

Because public activities which challenge injustice are often seen as partisan by Cambodia's leaders, monks have a responsibility strictly to follow the Middle Path. Non-partisan activism in favour of peace walks a fine line between neither endorsing nor opposing any party in a conflict and making clear statements of opposition to policies which lead to violence and suffering. Nevertheless, in Cambodia's current political climate, such a position is still seen as controversial by many.

 

Many within both the government and the Buddhist clergy argue, for instance, that monks who adopt a more public role are meddling in politics and overstepping the bounds of their religious duties. They also maintain that political problems should be dealt with by the proper authorities who are empowered by the Constitution. These arguments highlight the risks Cambodia's monks take in seeking to play a more active social role, though there are many ways in which they can have a constructive impact on politics and remain non-partisan.

 

Cambodia's legal institutions are currently far from adequate: there is a pressing need for complementary initiatives to bolster the state's formal system of governance. Domestic violence and land disputes, for instance, are perhaps the greatest source of conflict in rural Cambodia and are often closely linked to conflicts at the national level. Community-based development has traditionally been the basis for social peace in Cambodia and monks are actively involved in a range of initiatives to promote this. This includes training seminars which seek to instill values of human rights and democracy in the community as well as economic initiatives which target the poverty underlying much social unrest.

 

There is also a need to ensure that the national law is formulated and applied fairly so that all Cambodians may benefit equally. Khmer Buddhists recognise the Constitution as the supreme law of the land. Buddhist groups actively participated in the 1993 Constitutional Assembly, registering their views and concerns as the new laws were debated. Cambodia's monks also have the influence to hold political leaders to account. Recognising the immense moral authority which monks enjoy, political leaders regularly call upon them to bless their programmes. This enhances the public legitimacy of politicians, though all too often monks have not taken advantage of the opportunity offered to instruct political leaders on their duties to the people.

 

In many cases, however, monks will simply not be listened to. Cambodia's leaders often say that the people are not ready for human rights or democracy. They argue that to call for more human rights is a political act which is not the responsibility of monks. Yet many Buddhists would argue that human rights are not simply a political matter, but are part of the much more fundamental economic and social freedoms guaranteed by the Constitution. The dilemma is that if the people simply wait for the government to offer them their rights they may never have them.

 

This raises the possibility of more direct involvement by monks in party politics or other forms of political activism in order to put pressure on the government to make changes. This is an issue of legitimate concern for Cambodia's monks who are divided on which approach to take. Ironically, the National Electoral Law authorises monks to vote even though the Assembly of Monks, which has the authority to rule on this matter, was not consulted during the formulation of the electoral law. Certain government officials, who feel they have the support of the monks, are happy that they are accorded the vote though they consistently resist any other kind of political role.

 

While many monks did vote in the July 1998 elections, others still believe that voting will lead the Buddhist clergy to adopt a partisan position in defiance of their traditional Buddhist edicts. They would argue, however, that this does not necessarily stop monks from instructing the people on the criteria to use when making their choices. Public education campaigns are not incompatible with maintaining