Perspectives on memory, forgiveness and reconciliation in Cambodia's post-Khmer Rouge society

2019 ◽  
Vol 101 (910) ◽  
pp. 125-149 ◽  
Author(s):  
Phuong N. Pham ◽  
Mychelle Balthazard ◽  
Niamh Gibbons ◽  
Patrick Vinck

AbstractTransitional justice is a conspicuous feature of responses to mass atrocities. Rooted in accountability and redress for victims, transitional justice mechanisms influence and are influenced by collective memory of conflicts. This article looks at the dynamics between memory, trauma and forgiveness in Cambodia. Thirty years after the Khmer Rouge regime, Cambodians expressed limited knowledge of the past, a strong desire for the truth, and lingering feelings of hatred. The Extraordinary Chambers in the Courts of Cambodia (ECCC) created or renewed demand for truth, along with some desire for harm to come to the wrongdoers. Although the ECCC was set up several decades after the mass atrocities, the data suggest that the ECCC and the civil society movement associated with it may have had positive outcomes on addressing the legacy of the violence.

2008 ◽  
Vol 1 (1) ◽  
pp. 43-54 ◽  
Author(s):  
Baqer Salman Al-Najjar

Arab experience of civil society is new, and because of the nature of the Arab state, it is difficult to find a single case in the region that is independent of the state and able to exert pressure on it. The case of Lebanon, when the Karami government was forced to resign in February 2005, will remain unique for some time to come. However, the fear of similar repetitions elsewhere has led to greater restrictions on civil society organizations, or it has led some Arab regimes to install their own organizations (GONGOS) to defuse the pressure from other organizations or to weaken their demands for democracy and transparency. The GONGOS were a typically Eastern and Russian phenomenon, and they quickly spread to a number of Arab countries that had experienced totalitarian regimes in the past and also to some of the countries in the Arab Mashreq and Maghreb, which have recently under gone a political transformation towards democracy.


Author(s):  
Mahdev Mohan

This chapter studies international law in Cambodia. Cambodia’s evolving relationship with public international law must be understood in the context of the nation’s unique history and circumstances, which are marked by colonization, conflict, Vietnamese occupation, territorial administration, civil war, transitional justice, and state-building. Cambodia’s legal system has undergone significant changes from the early days of unwritten customary laws, to the imposition of French civil law, and thereafter the ‘legal vacuum’ created by the ultra-Marxist Khmer Rouge regime that left Cambodia in a state of war and international isolation until the 1980s. The chapter then outlines key aspects of international law in and apropos Cambodia that illustrate Cambodia’s reception of public international law, and its position as an active participant in the international legal system. Cambodia has certainly taken strides in its participation in dispute resolution on the international plane. However, its tryst with international law is a fractious one.


2019 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Liza Utami Marzaman ◽  
Zulham A Hafid ◽  
Amiruddin Akbar Fisu ◽  
Nurhijrah Nurhijrah

The Batupasi people are the inheritors of the historical fragments of the Lalebbata area. Lalebbata is an important space in the history of Palopo City, where the economic, socio-cultural and religiosity of the Palopo people begins. This activity was carried out to try to explore the collective memory, the root of the problem and the hopes of the Batupasi residents for their increasingly 'aging' living space. The effort was outlined in a Place Making Workshop activity where Batupasi residents were invited to jointly express their dreams, hopes and imaginations in the process of being creative in shaping and rediscovering their neighborhood. This activity consists of 2 items, namely old photo exhibition, mapping and participatory planning. This process allows citizens to be able to take an impression of the past which has become their cultural values and social identity through a process of continuously defining the space which is then projected into the future so that it can continue to be felt until for the generations to come. In addition, this activity aims to identify the problems faced by Batupasi residents related to social, cultural, economic and inhabited areas.


Author(s):  
Cynthia M. Horne

The widespread complicity evident in the post-communist cases complicates approaches to transitional justice because it lays some of the blame on society. Lustration procedures use information in secret police files to shed light on the past. Those files contain information documenting how neighbors, friends, co-workers, and even relatives might have informed on you. There is a potential for such revelations about the scope of the interpersonal and institutional betrayals to undermine social trust and civil society. This chapter explores the problems associated with complicity and transitional justice measures by examining the cases of Hungary, Romania, Poland, and Bulgaria. The cases highlight how historical memory is affected by negative revelations about the past. These cases illustrate how rising nostalgia can collide with truth telling, forcing the reconsideration and sometimes revision of historical memory.


Author(s):  
Alexander Hinton

Is there a point to international justice? This book explores this question in Cambodia, where Pol Pot’s Khmer Rouge revolutionaries committed genocide and crimes against humanity in an attempt to create a pure socialist regime (1975–1979). Due to geopolitics, it was only in 2006 that a UN-backed hybrid tribunal, the Extraordinary Chambers in the Courts of Cambodia (“Khmer Rouge Tribunal”), commenced operation, one of a growing number of post-Cold War transitional justice interventions. The Justice Facade argues that there is a point to such tribunals, but it is masked by a set of utopian human rights and democratization ideals. Instead of projecting this transitional justice imaginary onto post-conflict peacebuilding efforts, we need to step behind the justice facade to examine what tribunals mean in terms of everyday life and practices—such as the Buddhist beliefs and ritual interactions with the spirits of the dead that are critical to Cambodian victims and survivors. In making this argument, The Justice Facade focuses on civil society outreach efforts to “translate” the court in terms meaningful to Cambodians, the majority of whom are rural villagers, as well as the experience of Cambodian civil parties who testified. This ground-breaking study of transitional justice and demonstration of the importance of examining “justice in translation” is of critical importance not just to those working in the field of transitional justice and law, but in related fields such as development, human rights, anthropology, and peacebuilding.


2020 ◽  
Vol 50 (1) ◽  
pp. 60-69 ◽  
Author(s):  
Peter Morgan

How do nations, communities and individuals seek to restore individual meaning, social justice and social trust in the wake of traumatic histories? While international legal models have underpinned the processes of lustration in ex-communist countries, other forms of coming to terms with the past have contributed to the rebuilding of social trust in these environments. Literature has taken a role both in preparing the ground for more formal politico-legal processes, and in problematizing single-answer, simplistic or categorical responses to the complex issues of guilt, responsibility, complicity, victimhood and suffering in these societies. The significant new role that European literature has taken since the Holocaust is to come to terms with the past as a record not merely as a history, but as a responsibility and thereby to participate in the processes of lustration and rebuilding of civil society that have formed contemporary Europe.


Ars Adriatica ◽  
2014 ◽  
pp. 399
Author(s):  
Nataša Lah

The recently-created spatial installation K 19 by visual artist Zlatko Kopljar, set up in downtown Zagreb, is directed through its meaning and content towards the remembrance of Holocaust victims. The installation consists of five sculptures, which are made from the bricks originally used to build the walls of the concentration camp at Jasenovac and then re-used for the construction of post-war houses. These same bricks have now been used to create the K 19 sculptures, which have been placed on bases created from standardized Euro-pallets used in construction. Laid into horizontal courses, the bricks form vertical blocks with irregular upper surfaces, and, at the same time, place fragments of a fictitious whole in a semi-circular spatial ring of a monument-like character. The nature of the material and its description, therefore, act as signifiers for the installation K 19, while its interpretation acquired a defined field of signification, a language of context, or, simply put, a discourse. The non-material became a constituent part of the installation by being added through the symbolization inherent in its description and resulted in a “reality remade”, which sprang from the fragile foundations of an “indeterminate denotation and representation-as” with regard to the origin of its material (bricks from Jasenovac and Euro-pallets). The vulnerability of that which is represented draws its strength (growing or healing itself) from a reversible movement being performed by the meaning and content of this artwork which simultaneously travels from present time towards history and from history towards the present.The depiction of a memory of a concentration camp, in the symbolic context of the artwork under discussion, is a process related to a kind of documentation, but it also acts as a testimony achieved through narrative without the possibility of showing the expressed narrative itself. Starting with the observation that the installation K 19 documents a specific historical situation possessing an unrepresentable narrative, the aim of the article is to demonstrate that this does not betray the nature of the medium chosen for this artwork. The article’s theory-based argument is rooted in a number of different interpretative strategies which study the anchoring of cultural representations in artworks by considering them as ethical concepts which are inscribed in a space. Such an inscription in space, having found a newly-created habitat, generates geographical categories from the past which are laden with moral narratives as their points of origin. Through this, the connection between cognitive mapping and contemporary art functions as a link between artistic practices and moral geography based on the fact that certain people, things and practices belong in certain spaces, places and landscapes, and not in others. Moral geography, therefore, obliges us to understand and theorize interrelationships between geographical, social and cultural classes. In this sense, installation K 19 does indeed render a “re-use” of the past actual, and re-contextualizes heritage through the choice of its material (bricks from Jasenovac) and in doing so finds reason and meaning for archaeology in the cultural space of a post-war “prosaic age” when people (at least in this case) used things out of existential necessity and not out of the desire to render the near past symbolical. In that respect the installation K 19 uses the heritage of a collective memory of the event, to which it refers in order to create a new conceptual synonym, and through its mourning character acquires not only the past but the spirit of the new age too. In order to recognize the artist’s individual experience of objectifying mnemopoetic perspectivism (in other words, Kopljar’s mnemopoetic approach to the creation of installation K 19) through the reversible signifying process, in the collective experience of the conceptualization of heritage, one requires intersubjective representations. This is because art and its own mnemopoetic perspectivism is rooted in collective thought while memory restores the integrity to the “commonplace ability to think and remember”. Through this, thought and memory represent our rootedness in time which, unlike moral geographies, is confirmed through a communion with “mobile people” who do not need to cohabit with us in the same space nor be provided with the same ideological patterns that became entrenched as customs inside the narrow territorial and mental boundaries of sedentary cultures. In this sense, it is possible to answer the question about the encounter between subjective and collective memory in an artwork only in a remade reality of an interpretation, that is, in a “secondary discourse of commentary” which opens up a new context for the understanding of the old world. By encouraging the meeting between “the seen and the read” as the meeting between “the visible and the expressible”, the article points to the effects of fictionalization and theatricalization which are present in this installation. Without corrupting testimonial aspects of a (bygone) reality, they help it become manifest in communication with the world. The article’s conclusion congratulates the artist’s mnemopoetic strategies and highlights the encounter of the installation with the world, together with its fictitious elements (the reversible narrative of its content) and theatricalization, as an inscription of an ethical concept in space, and, by this, encourages the encounter between “the seen and the read”, and between “the visible and the expressible”, as if it were possible still.


2009 ◽  
pp. 5-26
Author(s):  
Pier Paolo Portinaro

- Transitional justice refers to the admission of wrongdoing, the recognition of its effects and the acceptance of responsibility for those effects. It provides an alternative to vengeance and a measure of accountability for the perpetrators and justice for the victims by establishing truth. The article considers the different ways of taking account of the past (from direct retaliation to amnesty, from prosecution of perpetrators responsible for large-scale state brutality to public discussion about human rights abuse and shaping of collective memory) and focuses the emergence of the paradigma of restorative justice. In amending tragic historical immoralities, restitution, reparation, apology, and reconciliation replace a universal comprehensive standard of criminal justice with a negotiated justice among opposing parties in specific cases. Drawing on the discussion of some recent studies (Teitel, Elster, Barkan, Frei, Koenig) concerning the role of criminal trials, lustration policies and truth commissions in democratic transitions, the article attempts to outline even broader conclusions about a theory of transitional justice.


2006 ◽  
Vol 12 (1) ◽  
pp. 68-77 ◽  
Author(s):  
Bill English

In this article Bill English, New Zealand's Shadow Minister for Education, tells the story of New Zealand's tertiary education policy development over the past several years. His perspective comes from time in government and from time in opposition. He concludes with the lessons to be learnt, and his prognosis of the main issues to be confronted by that tertiary sector, in the years to come. The lessons to be learnt are just as valuable for the Australian sector as they are for New Zealand academicians.In this article, Polytechnics are the equivalent of the old Colleges of Advanced Education in Australia, or roughly between the TAFE and university sectors. MMP (mixed member proportional) is the proportional system of electing the New Zealand Parliament. This system is similar to the method by which Australians elect their federal Senate. A Wananga is a tertiary institution set up by statute to focus on the educational needs of Maori.


2010 ◽  
Vol 79 (3) ◽  
pp. 341-382 ◽  
Author(s):  
Hanna Bertelman

AbstractThe Extraordinary Chambers in the Courts of Cambodia (ECCC) was established in 2004 through an agreement between the United Nations (UN) and the Cambodian government, as a means to address the crimes committed during the Khmer Rouge regime in Cambodia between 1975 and 1979. The ECCC is one in a row of international judicial institutions set up in response to gross violations of human rights, known as 'hybrid' courts, encompassing both national and international elements in their structure, composition and jurisdiction. Hybrid courts, allowing for a higher degree of participation by national actors, are expected to be better placed to give long-lasting effects in the societies in which mass atrocities have taken place. This article examines that claim with regard to the ECCC, and explores the value added by participation by various national actors in the judicial proceedings. After giving an overview of international standards of judicial independence, it provides an analysis of concerns that may be raised with regard to the judicial independence of the ECCC. This article argues that some aspects of national ownership may be promoted at the cost of lowering international standards of justice, and may cause an overall lack of ownership or accountability of the proceedings.


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