The Draft Addendum to the Agreement between the United Nations and the Royal Government of Cambodia envisages an initial period of 3 years—starting upon completion of the judicial proceedings (including any appeals)—during which the ECCC shall continue to carry out various residual functions. (For further information see: United Nations General Assembly Resolution A/RES/75/257B dated July 7, 2021,[1] which approved the Addendum to the Agreement on the Transitional Arrangements and the Completion of Work of the Extraordinary Chambers; and Report of the Secretary-General A/75/809).[2]
The current completion plan projects the end of judicial activity to be after the fourth quarter of 2022.
We, Judges YOU Ottara and Claudia FENZ, have been appointed Co-Rapporteurs on Residual Functions related to Victims by the Office of Administration. We are requested to provide a shared advisory report by December 1, 2021 at the latest to allow for timely strategic planning for the Residual Phase.
The overall mandate for the purposes of this report is the provision of “… explanations for and recommendations on possible undertakings appropriate to and meaningful for victims encompassed in the jurisdiction of the Extraordinary Chambers.”
As part of our mandate, and in the interests of collecting as broad a variety of ideas as possible, we hereby reach out to all stakeholders of the ECCC to submit, in writing, ideas for possible victim-related initiatives which could be implemented by the ECCC under the terms of Article 2 of the Draft Addendum. While we would have preferred in-person workshops and interactive idea-sharing, the prevailing Covid-19 pandemic unfortunately does not make this possible at this time.
Contributions should contain: a broad outline (not exceeding two (2) pages in English and/or three (3) pages in Khmer) explaining how the proposed initiatives would be meaningful and of lasting assistance for civil parties, victims of the Khmer Rouge regime, and the general public. Contributions should summarise key features of the proposal including rationale, target groups, and approximate timelines. A detailed implementation plan or proposed budgets are not required at this stage.
The term “initiatives” is not meant to limit the format and content of any proposal.
The term “victim” should be interpreted broadly and is not limited to those who participated in legal proceedings before the ECCC.
Among the factors contributors might wish to keep in mind are:
- The scope of the events and nature of crimes committed which impacted the majority of the population at the time and whose consequences continue to be felt today.
- The fact that more than half of the Cambodian population today was not born at the time of the events.
- The existence of projects which might be built upon, including those which have already been implemented as reparation awards and non-judicial measures.[3]
- The initial period for the residual functions is envisaged as being three years.
Possible target groups of the initiatives might include but are not limited to direct victims and their descendants, teachers, domestic and international students and academics of various disciplines, the general public, and the media.
Proposals should be submitted in English or Khmer by October 15, 2021 to Mr. SIM Sorya (sorya.sim@un.org) and Mr. KEO Sothie (keo.sothie@eccc.gov.kh).
Please feel free to distribute this document widely among interested stakeholders in your network.
Notice
Ideas collected as part of this informal exploratory process shall be considered and presented in our report, along with our views and recommendations, to the Office of Administration. It is possible that ideas are expanded upon, adapted, or comingled, therefore there shall be no expectation of ownership of any initiative, if implemented. Vetting and final decision on the implementation of any initiative rests with the Office of Administration.
Contributors shall be given due credit in our report to the Office of Administration, which we will request to be published.
Financial compensation for contributions is not available.
For questions, please contact: Mr. SIM Sorya (sorya.sim@un.org) and Mr. KEO Sothie (keo.sothie@eccc.gov.kh).
[1] https://digitallibrary.un.org/record/3931979?ln=en
[2] https://undocs.org/A/75/809
[3] For further information, see below: