Human Rights and Democratic Kompuchea

From 17 April 1975 to January 1979 , Cambodia was under the administration of Democratic Kompuchea . In that time ,no less than one million people were perished by genocide, starvasation , slavery , sickness and other arbitrary executions. To prevent such atrocities in the future , there are legal responses and non-legal responses to deal with the contemporary human rights issues which is genocide. First of all , legal responses refer to the UN human right treaties and Genocide Convention that were adopted in 1948 and approved the Universal Declaration of Human Right (UDHR) by the United Nation.

The Genocide Convention (1948) outlaws genocide , crime against humanity and crime under international law . All participating countries that ratified the convention will be prevented and punished the genocide in the war or a peace of time. The Declarations defines the civil and political rights ( including the right to life , the right of liberty, and a fair trial) as well as the economic social and cultural rights( including the right to social security and participating in cultural right in one’s community). In this case, Cambodia was a party that ratified the Genocide Convention on 14. 10. 1950.

It was enforceable where the Senior Leader of Khmer Rouge between1975 -1979 under the definition of Convention. In contradiction , it was enforceable but it could not desist the massacre that happened in the 1975-1979. Next , Cambodia was ratified the UDHR and International Convention on Civil and Political Right (1976) that was constituted provision for freedom , it is for encouraging. This is non-effective because the genocide was happened already. The perpetrators are rarely convicted when they breach the law. The corruption is endemic in the Cambodia’s society and there is a widespread of Culture’s impunity.

Correspondingly, Australia did response to the genocide by ratifying the International Criminal Code (1995). It is enforceable if any offences commits the genocide or breach the law, will be prosecuted. In such case of Assimilation policy was a genocide policy. It was the destruction of indigenous culture and dispossession of indigenous people . Those accused in the assimilation policy was convicted and sentenced for life imprisionment. Furthermore, Cambodia was signed the agreement with the United Nation in 2003 which envisaged the trial senior leader of DK between 1975-1979.

The Extradiornary Cambers in the Court of Cambodia(ECCC) also relied on the International Criminal Tribunal of Yugoslavia and International Criminal of Rwanda to consider both gravity of crime charged and level of responsibilities. In the case 001, accused Kang Guek Eav alias Dutch who was the Senior leader of Khmer Rouge and leader of Toul Sleng Prison which was in the Democratic Kampuchea. He was convicted as the crime of genocide and sentenced to 35 years’ imprisonment. In addition to legal responses , a range of non-legal response are available to prevent the genocide .

In1979, after the fall of Khmer Rouge , International Committee of Red Cross(ICRC) was the first non-government organization that returned to Cambodia. “The situation was dreadful and shocking. Phnom Penh was a ghost city”. In effective to response to the dramatic situation, ICRC and UNICEF was cooperated together to launch a large scale of operations and hundreds thousands of victims , ICRC implemented sustainable care and offered support program to support the recovery of devastated country such as set up hospitals and recruited medical staff and forced arrangement delivery.

Next, the Amnesty International is an NGOs that its stated commission to conduct research and generate to prevent and end grave abuse of human rights and human rights that have been violated. It is effective because Amnesty International urged Cambodia government and United Nation to ensure that all efforts already put in the ECCC will put as lasting legacy to strengthen the national justice system and the rule of law. Therefore, Dutch was finally sentenced to 35 years’ imprisonment. Moreover, the Cambodian Genocide Group was NGOs that dedicated the study of genocide between 1975-1979.

It was effective to foster discussion and debate among academic, students, professionals about the genocide and actively support the implementation of the Tribunal to bring the justice to Cambodian victim. Lastly, the education is also a kind of moral ethnic that helps to prevent the atrocities in the future. This can be done by the education that children receive from family, school, and society from the young age to know about the right and the wrong, the black and the white, and what they can do and cannot do. It helps society to reduce the crimes because most people are educated well to obey the law and not breach the law.

As a result, people understand with everything such circumstances that reinforce the effectiveness of moral ethic. In conclusion, the discussion above has stated the legal responses and non-legal response to deal with genocide that is the contemporary human right issue affects people around the world. It has been written down clearly how the law is effective unless the parties sign the agreement and ratify it in the country and citizens are followed, obeyed the law. The law can be either ineffective after enforcing because there still have crime happening and the law cannot stop those offender to commit the crime, plus the corruption as we.

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