Push to enforce law against denials about KR genocidal era
Khmer Times
January 9, 2025
By Ben Sokhean
Senate President Hun Sen, leader of the ruling Cambodian People’s Party (CPP), has called on relevant institutions to step up the enforcement of the “Law Against Non-Recognition of Crimes Committed During the Democratic Kampuchea Period,” sparking a heated public debate.
This move comes as the law, aimed to strictly penalise those who deny the atrocities committed by the Khmer Rouge, had been passed over a decade ago in 2013. The law prescribes imprisonment of six months to two years and fines between one million and four million Riel ($250 to $1,000).
The law was passed in the wake of contentions by some critics who refused to recognise the overthrow of the genocidal Khmer Rouge as a liberation.
However, it was not enforced after such critics fell silent until recently.
Speaking at the 46th Anniversary of the January 7 Victory Day at Koh Pich, Mr Hun Sen had emphasised the importance of peace as the foundation of national progress and called for action against those who threatened peace by refusing to acknowledge the facts about the Khmer Rouge rule.
He requested competent institutions to pay attention to strengthening the implementation of the 2013 law against the non-recognition of crimes committed during the period of Democratic Kampuchea “in the strictest manner”.
Mr Hun Sen also called for the establishment of new laws against individuals or groups attempting to overthrow the legitimate government, describing such actions as terrorism. He proposed defining any person or group conspiring to incite extremist movements, cause social instability, or provoke conflicts with other states as terrorists, to be brought to justice.
Mr Hun Sen added that despite Cambodia’s 26 years of peace, extremist threats remain a concern. He highlighted the need for vigilance against those who seek to incite unrest and undermine the legitimate government. The Kingdom, he said, is striving to advance as a peaceful, democratic, and law-abiding nation, ensuring that the horrors of war and genocide never recur.
“I believed that it is time to establish a law that will define any person or group who plans or conspires to create an extremist movement, causes chaos and insecurity in society, provokes conflicts with other states, and attempts to overthrow the legitimate government as terrorists, and that person or group must be brought to justice,” he said.
Meanwhile the government announced in December that it plans to replace the 2013 law with a more comprehensive framework that aligns with Cambodia’s current socio-economic context.
Additionally, a draft law concerning the interim disposal of seized assets in criminal cases is under review. This legislation outlines procedures for managing seized assets during investigations, balancing public and private interests while preserving the economic value of these items.
However, this initiative has not received unanimous support. Critics, especially from opposition parties, view the proposed laws as politically motivated and allegedly targeting former officials and senior members of the court-dissolved Cambodia National Rescue Party (CNRP).
Ou Chanrath, former CNRP lawmaker and current Vice-President of the opposition Cambodia Reform Party (CRP), yesterday expressed dissatisfaction with the plans. “In my perspective, I don’t think it is necessary to adopt such laws,” he said.
He said he had rarely seen any countries that adopted such laws to criminalise opposition activists or opponents of the ruling party.
“We already have a Criminal Code, and we have seen many people convicted over alleged incitement or causing social chaos, so it would not be good to label one group or individuals as terrorists,” he added.
Chanrath also did not support convicting those who have different ideas regarding the Khmer Rouge’s genocidal regime. “For me, cracking down on them means an attempt to silence them.”
In testimony the cruelty of the Pol Pot-led Democratic Kampuchea, the Extraordinary Chambers in the Courts of Cambodia (ECCC), also known as the Khmer Rouge Tribunal, concluded its final criminal case on genocide committed by that regime in 2022. This brought to an end to a judicial process that spanned over 17 years. This tribunal leaves behind a significant legacy, documenting some of the gravest crimes against humanity in modern history while contributing to truth, reconciliation, and justice in Cambodia.
CPP spokesman Sok Eysan explained yesterday that it is the right time to implement the law and label “illegal rebel group” as “terrorists.”
Drafting the law to label the illegal rebel group as terrorists is necessary to ensure the preservation of peace for a long time. Declaring the law to label extremist rebel groups as terrorists is a measure to prevent terrorism, which is despised by the world,” he said.
“Charging the activists of their group does not affect national interests. The rebel group is using personal interests to destroy national interests. If the court convicts them, they must accept the sentence without any excuses. Every individual must take responsibility for their actions,” he added.
Chhang Youk, Executive Director of the Documentation Center of Cambodia (DC-Cam), founder of the Sleuk Rith Institute, and a survivor of the Khmer Rouge’s “killing fields,” expressed his belief yesterday that Cambodia needs a law to ensure the future prevention of genocide.
Cambodia has enacted at least three laws related to genocide: (1) The Law on Outlawing the Group of Democratic Kampuchea (1994); (2) The Law on the Establishment of the Extraordinary Chambers (2001); and (3) The Law Against Non-Recognition of Crimes Committed During the Democratic Kampuchea Period (2013).
“All three laws were focused on addressing either problems of the past or current generations. (The proposed new law) on the Teaching of Cambodian Military & Genocide History would be a natural complement and continuation of these laws as the law is oriented to mostly future generations who will no longer have any survivors to inform them about Cambodia’s military & genocide history,” he said.
Youk added that he had submitted an opinion to international donors and the Cambodian government during the drafting and discussion of the Law Against Non-Recognition of Crimes Committed During the Democratic Kampuchea Period.
“Cambodia has experienced a wide spectrum of challenges, atrocities, and tragedies – ranging from foreign intervention and civil war to genocide, starvation, and extreme deprivation. Many, if not most, of these extreme atrocities and tragedies were associated with military conflicts, violence, and instability, and therefore can be associated with the scholarly field of military and genocide history. Cambodia’s military & genocide history offers valuable lessons learned for individual Cambodians, military and civilian professionals, leaders in the Southeast Asian region, and the world,” he said in his file attached with the opinion.
“In addition to providing valuable lessons learned on challenges, atrocities and tragedies, Cambodia’s military & genocide history is punctuated by valuable lessons learned and insights on successful strategies and leadership, particularly the Win-Win Strategy. Through the Win-Win Strategy, the country’s history stands out as a poignant example of how countries wracked by instability, genocide, and war can be transformed into models for peace, stability, and development. In sum, Cambodian military & genocide history is an important national resource for Cambodia,” Youk added.
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