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Dáil Éireann debate -
Wednesday, 30 Oct 1991

Vol. 411 No. 7

Written Answers. - UN Peace Plan for Cambodia.

Jim O'Keeffe

Question:

102 Mr. J. O'Keeffe asked the Minister for Foreign Affairs whether, under the UN peace plan for Cambodia, assurances can be given on the following points (1) that Khmer Rouge war criminals should not stand for elections (2) that provisions will be made to guard against human rights violations particularly in the period before elections (3) that a definite date will be set for elections and (4) that an international tribunal will be set up to try Khmer Rouge war criminals; and if he will make a statement on the matter.

The UN peace plan for Cambodia, embodied in the agreements signed in Paris on 23 October, constitutes a significant step in assuring for the people of Cambodia a secure and stable future, based on democratic institutions and respect for human rights. Central to their successful implementation will be the readiness of all the parties involved to respect the obligations they have voluntarily assumed in putting their names to the Paris agreements. No one underestimates the difficult task that lies ahead or the dangers which failure would entail.

The agreements are founded on the desire for national reconciliation and on the right of self-determination of the Cambodian people, exercisable through free and fair elections. It will be for the UN Secretary-General to propose the timetable for the UN operation, including preparations for and the holding of elections. Provisional indications are that elections could take place early in 1993.

The essence of the United Nations role during the transitional period is to ensure a neutral political environment in which the Cambodian people are assured the freedom to exercise their right to choose, in free and fair elections, those whom they wish to govern them. In order to ensure this, the United Nations Transitional Authority in Cambodia (UNTAC) will have under its direct supervision or control all those administrative agencies, bodies and offices which could directly influence the outcome of elections. It will be responsible for confirming that political parties and candidates meet established criteria in order to qualify for participation in the election. Adherence to a code of conduct established by UNTAC, in consultation with the Supreme National Council (SNC), will be one condition for such participation. It will also be a requirement that party platforms be consistent with the principles and objectives of the agreements. The Government believe that these provisions will ensure that there can be no return to the policies and practices of the past.

The provisions on human rights in the Paris agreements provide strong and effective guarantees both as regards the transitional period and for the future. During the transitional period, UNTAC has a mandate to make provision for general human rights oversight, including the investigation of human rights complaints and, where appropriate, corrective action. It will also have responsibility for the development and implementation of a programme of human rights education.

The principles for a new constitution for Cambodia are explicit and categorical on the protection of human rights and on the fundamental values on which the new constitutional order will rest. In particular, they provide for a declaration of fundamental rights consistent with the provisions of the Universal Declaration of Human Rights and other relevant international instruments. Additionally, the principles provide for an independent judiciary empowered to enforce the rights under the new constitution.
The United Nations Human Rights Commission will also continue to monitor the human rights situation in Cambodia closely.
As a further guarantee, the agreements grant the signatories the right to call upon the competent organs of the UN in the event of violations of any of the obligations under the agreements, including serious human rights violations, to take such steps as are appropriate for their prevention and suppression. In effect, this gives to the international community a permanent role in the monitoring of human rights in Cambodia.
I have great sympathy with those who believe that those responsible for the unspeakable horrors which took place in Cambodia should be answerable for their actions before an appropriate tribunal.
As I have stated to the House on an earlier occasion, the UN Convention on the Prevention and Punishment of the Crime of Genocide provides for the possibility of trial by an international penal tribunal. However, this remains only a theoretical possibility, since there is at present no international penal tribunal with jurisdiction to try persons for genocide.
A role for the International Court of Justice exists under the convention but only in the case of a dispute as between states parties to the convention. This condition cannot be fulfilled until a Cambodian Government in a position to be party to such a dispute is in place.
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