October, 2014
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Extensive Paris Peace Agreement Analysis by CMN Radio
What is the Paris Peace Agreement, its remarkable history, and where is it about?
Mrs. Moeung Tum of CMN Radio discussed in details with the analysis by Sophoan Seng, Dr. Duch Rasy, Dr. Dy Kareth, and Dr. Kuch Chanly. The live broadcasting is from part 1 to part 5 broadcasted on 23-24-25-26-27 October, 2014.
Beside of the 18 signatory countries who were party of the Accord, the present Cambodian government, Republic of Vietnam and Kingdom of Thailand who were party of this agreement have continued to violate this agreement, how are full meaning and stipulations of the Paris Peace Agreement mandated?
Although Paris Peace Agreement is the modern hope for Cambodian people, but the government has not complied by this agreement. Is PPA still valid or invalid? What are gross violations on the Paris Peace Agreement?
These 23 years of the Paris Peace Agreement has remained important for Cambodia at the present and the future especially in term of democratization, sustainable development, rule of laws and sovereignty independence etc.
Last chapter details on what Cambodia can move on, on what principles?
Paris Peace Agreement: The Peace and Freedom in Context (Part V – end)
សាមគ្គី សាមគ្គានំ តបោ សុខោ – ការសាមគ្គីបង្រួបបង្រួមគ្នានឹងនាំសេចក្តីសុខមកអោយ – ព្រះពុទ្ធអង្គ
Samakii Samakea Nam Tapo Sokho – Unity brings us happiness – Buddha
This above Khmer popular saying is suite well with the context and functionality of the Paris Peace Agreement. During the negotiation processes, within the successful written agreement, and post-Paris Peace Agreement implementation, we are stunned by the terms “national reconciliation”, “unity”, “solidarity”, “conflict resolution”, “comprehensive peace settlement”, and “dialogue or negotiation” etc.
Now, it is time for Cambodia politics to update itself to compete with the global change. Confrontational strategy has been changed to diplomatic policy and negotiation. The new paradigm shift has transformed itself more complex and intricate – human subconsciousness to free themselves from all sufferings.
The Paris Peace Agreement is the blueprint for Cambodian politicians to put aside egoistic behavior by embracing principles and democratic value. Each party must be able to simply distinguish between the self and the nation clearly. Under this spirit, the PPA urges every politician especially the law-maker must stop lie their own constituents.
Courtesy: Facebook
I have a dream to see Khmer leaders can work together, can speak the language of nation building together with honest sub-conscience. When I was young, I cried because of hurting; but when I am grown up, I cried because I was overwhelmingly affected by bliss and joy. I remember the cry I made when watching the yellow robe army of Dhamma Yietra led Maha Ghosananda walked through the National Road No. 6. There were Japanese Mahayana monks preceded in the front with drums, gongs and strange chanting unusual to my ears. Parading after were hundred thousands of Cambodian Buddhist monks, with following white clothing nuns and laymen/laywomen. I was called to bring a bucket of water for water sprinkling on the edge of the road by the monks. Many drops of water fell unto my head with the word Peace and National Reconciliation deeply penetrated into my brain.
That memorable moment has never been disappeared from my head.
This year marks 23 years anniversary of the Paris Peace Agreement, I see more commemorative organizings by the Cambodian political parties, NGOs, activists and general citizens in both inside and outside country more than any years I have been witnessing. Thousands of youths, land activists and Buddhist monks are parading around the Phnom Penh city with petitions handed over to Co-Chairmen of the PPA: Indonesia and France.
The most significant sign is the evolving of Cambodia politics into two party system: CNRP & CPP; which is a good component for the concept of Mutual Understanding, National Reconciliation, and Comprehensive National Building Endeavor. Hence, those terms and efforts should not be the propaganda. Mutual understanding and national reconciliation shall happen only through the Rule of Law and Professionalism.
For the Sake of the Nation, These Two Parties must be able to Take Turn in Serving the Nation, like many civilized countries around the World have been Experiencing.
I would like to END my writing on PPA as of today. Below is the Movie Clips of “One Evening after the War” filmed by Social Engineering Rithy Panh.
“Peouv is recalling about the her story and the Three Unfortunate Disarming Soldier.”
“Srey Poeu is saddening about the social gap and injustice in Cambodian society, and her true love with Sovanna.”
“Srey Peouv is entrapped as Sex Worker or Srey Bar in Phnom Penh after she was sold to the brothel for $1400 dollars. She cannot make a family life with Sovanna with this dept.”
“At the end, Sovanna was shot by Maly, his friend, left Srey Peouv with Bophana, their daughter. Srey Peou is still a Sex Worker in Phnom Penh.”
Paris Peace Agreement: The Peace and Freedom in Context (Part IV)
As three parts were sent out, I was called in for interview by CMN radio and an honorable invitation to participate with Paris Peace Agreement Commemoration organized by CICP in Phnom Penh.
Regarding the interview that shall be broadcasted tomorrow or after tomorrow, I was asked to elaborate on the history of the Agreement, the validation and invalidity of the Agreement, mechanism to enforce parties to respect the Agreement in case of having violation, and the CNRP who joined the Assembly at the present.
The clip conversation between Sovanna and Phal allows us to figure out: the failed disarming policy, the bad effect of free market, and the pains that all Cambodian people can forgive but they cannot forget. This daily life politics illustration is invaluable!
Brief History
Brief History of Paris Peace Agreement. Slide Courtesy of Dr. Lao Mong Hay
Briefing to what said during the interview, the Paris Peace Agreement was crafted by two factors: four fighting fractions of Cambodia were exhausted in killing each other, and powerful countries pressured on all parties including Asean and Vietnam to sign the Agreement. Indonesia and France were co-chair of the Agreement.
Agreement Analysis
The original agreement are filed in both Indonesia and France. There are 32 articles divided by 9 distinctive parts. Many pro-Government commentators said that the Agreement is invalid since the creation of a legal government after the election with the complete amendment of the Cambodia constitution. Of course, their claim is right referring to the Part 1, Article 1 which say:
For the purposes of this Agreement, the transitional
period shall commence with the entry into force of this
Agreement and terminate when the constituent assembly elected
through free and fair elections, organized and certified by the
United Nations, has approved the constitution and transformed
itself into a legislative assembly, and thereafter a new
government has been created.
Hence, the commentators might be missing to comprehend the term “Transitional Period” in which 5 measures were taken into action: 1. This transitional period, 2. United Nations Transitional Authority of Cambodia (UNTAC), 3. Supreme National Council (SNC), 4. Withdrawal of foreign military from Cambodia, and 5. Complete ceasefire.
In reality, the Agreement is still valid and it shall have no deadline to be implemented by the signatory parties as stated clearly in Article 18 on the “International Guarantee”.
Cambodia undertakes to maintain, preserve and defend,
and the other Signatories undertake to recognize and respect,
the sovereignty, independence, territorial integrity and
inviolability, neutrality and national unity of Cambodia, as
set forth in a separate Agreement.
A separate Agreement has 8 articles and the most important statement in Article 5 that I mentioned within previous articles.
Beside this valid continuity, the Part III on “Human Rights” has maintained the continuing task by sending Special Rapporteur to Cambodia by the United Nations to report on progressive commitment of the Government on respecting Human Rights of their own citizens. Latest UNs Special Human Rights Rapporteur for Cambodia is Prof. Dr. Surya Subedi, and this Rapporteur has no mandate until the Human Rights situation in Cambodia is being well off.
In Part VIII, Article 24, is ongoing to the fact that the foreign aids are still flowing into Cambodia including many other development programs aided in according to the Agreement as stated:
The Signatories urge the international community to
provide economic and financial support for the rehabilitation
and reconstruction of Cambodia, as provided in a separate
declaration.
Impregnable Violations
During these 23 years, Vietnam violated the Agreement through their retaining power to force their former installed government led by Prime Minister Hun Sen to sign the Supplemental Border Treaty (SBT) ratified by the King of Cambodia on 30 November 2005. The SBT was in reverse to the Agreement to discarding all past illegal treaties during the Vietnamese occupation over Cambodia. The forced treaty was not only be able to grab the remaining land border, Vietnam can establish more enmity environment among Khmer political parties, activists and general citizens. Thailand also claimed the ownership over Preah Vihear Temple in 2008 in revenge to oppose Cambodia government to successfully listing it with the Unesco. Cambodia government used the legal provision of the Paris Peace Agreement through its instrumental organ of the ICJ to claim back from Thailand.
For Cambodia government let by Prime Minister Hun Sen, who were also party of the Agreement, at least, four violations are counted: The grenade attack on peaceful demonstrators in 1997 led by Sam Rainsy, the bloody coup in 2007 to monopolize power from Funcipec, the acceptance of bilateral supplemental border treaty with Vietnam is in gross violation to the Paris Peace Agreement that is a multilateral instrument, and continual human rights violations such as: emotion violence (impunity, extra judiciary killing, and biased court system), financial violence (corruption and forced eviction), physical violence (shooting to dead, battering and jailing), and sexual violence (allowing the existence of sex workers and brothels, and neglecting to punish those sex buyers as well as polygamy men).
CNRP
CPP has been so nervous about accepting and recognizing Paris Peace Agreement once they were the party of it. Their uncertainty and naive perspective towards Paris Peace Agreement is a setback to claim their past communist regime rather than to move forward for in-dept reform. Hence, CNRP has been vital to accept and recognize this day, and they have celebrated it annually. The entering into the Assembly of those 55 law-makers of the CNRP is a good sign to experiment their professionalism, the work ethics, and democratic commitment. CNRP has laid down the policy of nonviolence, cooperation, dialogue, and active leadership. The partnership and engagement within the Assembly shall help Prime Minister Hun Sen to speed up his in-dept reform in all fields he has frequently promised with the Cambodian people. Although with the aids of CNRP to push for reform is not successful, or Hun Sen administration is preparing to backfire their promise, the Cambodian people will judge them in the next 2018 nationwide election.