The Rights to Assembly in Democratic Kampuchea and People’s Republic of Kampuchea

Pannasastra University of Cambodia

The Rights to Assembly in Democratic Kampuchea and People’s Republic of Kampuchea

Course: The Human Rights and World Politics

Name: Moen Savoeun

ID: 03983

Submit to Prof. Stan Staryging

Date: September 3, 2007

Content

Abstract

1. Introduction

2. The rights to assembly in Democratic Kampuchea

2.1. The rights to assembly in business and job in Democratic Kampuchea

2.2. The right to assembly of religion

2.3. The right to assembly in politics in Democratic Kampuchea

2.1.0. The rights to assembly in People’s Republic of Kampuchea

2.1.1. The right to assembly in economics and job

2.1.2. The right to assembly in religious believes

2.1.3. The rights to assembly in politics

2.2.0. Comparison between the two political histories

3. Conclusion

Abstract
Rights to assembly is the rights that individual would be able to form in group to create party, organization, or association in religion, business or politics for their own sakes. These rights most likely practiced in democratic system to form pluralism and multi-party system. However, in Cambodia during the Democratic Kampuchea I found nothing relates to the rights to assembly to participate in these areas. Anyway, after the defeat of Khmer Rough in 1979, the constitution was changed to serve the new political era, the People’s Republic of Kampuchea. So, I choose this topic, “The rights to assembly in Democratic Kampuchea compare to the rights to assembly in the People’s Republic of Kampuchea”, as my study because it leads me to have better understanding about the rights of people in religion, business and politics in those political histories. So, what are similarities and differences of rights to assembly between the two regimes? And which political period provided more human right to assembly? Furthermore, I would like to understand more about human rights in the article 18 of ICCPR, which we have discussed in class lecture by Prof. Stan. These reasons force and direct me to do research on this topic because it is very significant to my study in this term, Human Rights and World Politics.

1. Introduction

Cambodian people were sadly practiced the rights to assembly in the period between 1975 and 1979. This included the rights to own business by individual or group was strongly prohibited for mutual benefits and interests. Moreover, the rights to association of religious believe, practice and worship either in group or individual. Especially, Cambodian peasant, workers and laborers did not allow creating political party and civil society. These freedoms of activities were banned in that political period because it might affect the government, national solidarity and goal of the revolution. Human rights were almost completely eliminated. So, what were the rights to assembly remained in Democratic Kampuchea? However, in the time 1979 to 1989 Cambodia had changed its political history and approached to the new Constitution created to control the People’s Republic of Kampuchea. Then what were the rights to assembly in that period? By comparing to the Democratic Kampuchea which more developed and why?

2. The rights to assembly in Democratic Kampuchea

Democratic Kampuchea was a political history which the world known as the dark period. The state applied the very strict rules to pressure people not to practice their rights. However, I have a strong desire to study the case of the right to assembly in that political regime.

2.1. The rights to assembly in business and job in Democratic Kampuchea

The right to own business and job, people had full rights to participate in work by in group to produce the demand yield. These groups were divided into different areas of works depended on skills and specializations; for instance, agriculture, factory and some of constructions. Collective products were made by collective farmers in each village or commune; consequently, created collected yield of rice. All farmers and workers had to responsible of their own jobs. They carried huge burdens because they were the “masters”[1] of their own jobs; and also, the master of their own fate and life. So, they worked very carefully and hardly for the community without any complain. If someone failed complete these tasks, he or she would have put to the highest degree of judgment, capital punishment. In addition, people had full rights to create surplus, but they had zero percentage of right to consume the surplus they produced. Surpluses were created by hard working. Hard working was responded by no food, no rest and no medicine. Instead, many amongst the inferiors were tortured and killed by accusing that they were lazy, betrayed the organization, bad sample to others, and break solidarity. Then these accused people became the enemies of the state. In deed, people had just the rights to do business or work for the state, but not their own because in that period we did not any currency. Thus, in Democratic Kampuchea people had only the rights to association to fulfill the state’s business, but there had no guarantee of rights to lives and live in the status quo.

2.2. The right to assembly of religion

The rights to assembly of religious believe was the right by which everyone would be able to believe in and practice any religion. The right was provided, but no one practiced it. The reason is simple to justify that the right to worship and believe would affect the whole society, government system and state’s policies. For example, it would affect the national solidarity. If anyone influenced and broke the system, he or she would become the enemy of the revolution. For the religious believe, not only the association, but individual was banned. In deed, Buddhist monks were considered as parasites, who lived depended on the others, not by their strength. Then those monks were impelled into labor and worker. Many monks were executed; temples and pagodas were destroyed or turned into storehouses or jails and people who were discovered praying or expressing religious sentiments were often killed.[2] The Khmer Rouge forced Muslims to eat pork, those who refused were killed. Christian and Muslim, a very small Jewish and Hindu populations resided in Cambodia at the time were killed along with Christians and Muslims because of their minority status.[3] More precisely is that everyone enjoyed the “right to worship any religion and the right no to worship any religion.”[4] It meant religion was not necessary for people to practice and believe, and people no need any religion. It was only the way to believe in the people’s organization, and the state applied zero religion. However, “cultural life”[5] people had the rights to enjoy the common practice through tradition and customary rules by which religion in the fundamental. Yet, people dare not to practice because any dangerous feature which committed against the state’s order he or she would punish to the highest degree of crime. Then capital punishment became deter people. If they practiced, prayed and continued to believe, the organization’s army would arrest or even kill them. Hence, people in Democratic Kampuchea became atheist. Consequently, there was no religion existed.

2.3. The right to assembly in politics in Democratic Kampuchea

master of their own state. They Political participation in Democratic Kampuchea is another way to show the level of human rights arose in that period. In democratic Kampuchea, there was no right of political participation is allowed, but politics of the state was supported by people and guardianship of the revolution. The intention of the state’s leader was to emerge people together to build and “defend the country.”[6] This is to claim that people and army could not directly to join in politics, but together had full rights to fill in the people’s organization’s interests, to fulfill and do in favour of the state because they were the state owners. These people fiercely fought for the state’s power and independent. Their oath had been fulfilled by the poor but strong hearted men and women. These people sacrificed lives and happiness. So, this people joined fully in indirect politics. Furthermore, the people were they would be able to change the state’s destiny. In fact, the people- workers, peasants, and Revolution Army wrote the Constitution with their own hands.[7] This stressed that workers, peasants, and guardianship were the most significant factors to join in the state’s policies because they the Constitution themselves to lead the state’s activities. In contradictory, the reality was different. The new people or the person who was not the founder of the Communist Party of Kampuchea had no right at all to participate voting and stand for election. Only the founder of the party, and (probably) the high ranking of Revolutionary Army would be able to stand for representative of the people. Then the right of individual in politics in Democratic Kampuchea was absolutely none.

Thus, the rights to assembly in Democratic Kampuchea guaranteed no rights to own business, freedom of believe and practice of any religion, and there was no right to participate in politics. In short, there had no human right in that political period.

2.1.0. The rights to assembly in People’s Republic of Kampuchea

The right to assembly in People’s Republic of Kampuchea was another human right which guaranteed under the Constitution gained by the struggled leaders and Vietnamese supports.

2.1.1. The right to assembly in economics and job

The life of individual in economy was guaranteed by the state, but people had freedom of economics to improve their living condition and for personal and family development. For example, citizens of the People’s Republic of Kampuchea have the right to participate freely and “actively in economics”[8] in society for life development. this is to certify that Cambodians in People’s Republic of Kampuchea had full right to build their own business and economics. However, the constitution of the state guaranteed very little rights and freedom of its citizens. While people had very least of rights to business, almost the entire Cambodian people just had the rights to work on farms or plantations as instead. After the defeat of Khmer Rough, the exploited and exploiter regime, people hoped to be much better in economic and working conditions. But what the government did practice in the field of agriculture was that people worked and raised product together in group. It meant that, the state still committed the collective property. People bound in group to work on the same plantation given by the state. So, this associate farmer product for the government, and the government would treat them back. In that political era, people just owned the land was given to the group. According to Mr. Im Meng who originated born and lived in Kratie, now lives in Phnom Penh said in an interview that, “in the beginning of the People’s Republic of Kampuchea the land gave to the group of people, not given to individual or the family, in his province.” Moreover, people had no right at all to do business on farm like selling, buying, mortgage the rice field to others or use the land for sharing the crops. This kind of business on land was banned because the land belonged to the state. In addition, the state seized all activities of internal and external business, and “trade”[9]. It was the kind of totalitarianism the state owns business; therefore, people could not compete. Around 1986 according to my parents now live in Takeo province said, “The land shared to the size of family, 16 meter squares per person. They continued that the land gave to family because the collective yield of rice was not equal share, and made conflict in the solidarity group.” So, the state guaranteed no human right in business and trade. For the cultivation in the beginning of the People’s Republic of Kampuchea, people did not have individual right. But in the middle regime, people had the right to own their land for family and personal development. In deed, they could do business on their land.

2.1.2. The right to assembly in religious believes

People were recovered from blind and darkness. The society and government had been restructured. People had better right in individually and associational, especially the rights to build association in religious believe and practice. As we had zero religion in Democratic Kampuchea, after 1979 we, Cambodians readopted the old one, Buddhism as we used to practice. The Buddha sculptures and temples were repaired, reorganized and rebuild. Since we had some Buddha sculptures and temples in plan, we started to practice through our custom and ancestor did. To worship in Buddhism, Cambodian prayed and practiced by individual and group. This right to religious believes were fully guaranteed by the state. Furthermore, the Cambodian-Islam also allowed to worship, believe and teaching Muslim in their minority group. For example, every citizen of People’s Republic Kampuchea have the right to form “association”[10] and “religious believe”[11] As the right to religion was provided by state, people from every part of the country, from different races and sexes enjoyed freely to pick up any religion they preferred that fitted their value and practice. Hence, the right to assembly in religious believes in People’s Republic of Kampuchea provided fully of human rights. The law treated everyone equally in freedom of choice to choose one religion to practice, worship and teaching.

2.1.3. The rights to assembly in politics

The citizens of People’s Republic of Kampuchea had the right to assembly in politics. Individual or group who shared the same common interest, the same ideology and the same goal could create political party to stand for election. For example, everyone has the right to be proactive in “politics, freedom of assembly”[12] and the right to vote and run for election. This phrase gives full meaning to ensure people’s liberty freedom and security in politics. Here I would like to introduce you why people had right to participate in politics in People’s Republic of Kampuchea. We all understand, the political elite who had led the state in Khmer Republic were killed and tortured to death in Khmer Rough. During the Democratic Kampuchea, some leaders supported the “Communist Party of Kampuchea”[13] and others supported the “Vietnamese.”[14] Pol Pot saw the danger; therefore, started to clean the betrayer elite. But some who led in the eastern zone ran away to Vietnamese. Those who betrayed and escaped to Vietnamese, cooperated with Vietnam, and fiercely fought the Khmer Rough army. Vietnam entered Cambodia installed the government. Yet, People Republic of Kampuchea lacked of leaders then the Constitution confirmed clearly about human rights in political activities. Man and women who reached “twenty-one years of age”[15] have the right to stand for election including “religious clergy and Armed Force.”[16] In opposite, we had never seen any party beside CPP backed by Vietnam to lead Cambodia. We did not see multi-party and pluralism practice until 1989. However, in the People’s Republic of Kampuchea did really see the opposition party. This party led by Son Sann who former “Prime Minister”[17] in Democratic Kampuchea. He led the refugees along the Thai border, and to negotiate with the foreigner for supports to against the Vietnamese and puppet government. Between the opposition party and Cambodian People Party brought Cambodia into two hostile blocs and civil war. Hence, the right to participate in politics in People’s Republic of Kampuchea just presented in the Constitution. We see no pluralism. Government and opposition party never sit in the national assembly to make law, and we never saw people go to vote and run for election.

Therefore, in the People’s Republic of Kampuchea, people had some rights to do farming and small business on the land. Moreover, everyone had the rights to any religious believe and practice like Buddhism and Muslim for the minority group of Khmer-Islam. But they did not have the right to create political party or civil society to compete and challenge the government for national prosperity and development.

2.2.0. Comparison between the two political histories

Through what I have learned about the rights to assembly in Democratic Kampuchea and People’s Republic of Kampuchea from different sources, I have fulfilled my questions with clear essays and examples. In my analytical comparison; firstly of all, I would like to compare the rights to assembly in business and job between the two periods. The rights to do and participate business association is zero in Democratic Kampuchea because there was no use of currency, but the associate farmers must work in group to increase the agricultural product for the state, and everyone must have job with huge responsibilities. For the rights to business and trade in People’s Republic of Kampuchea, people did not have right to own and run business. The land still belonged to the state, and everything could not buy and sell or other formed of business. However, society changed, the law also absorbed and shifted to solve the social issues and common interest of people. The land was contributed to each family. Then in the second half period of People’s Republic of Kampuchea, people can do business on their lands.

After that, in Democratic Kampuchea, there was no guarantee of right to religious believe, worship, practice and teaching. The state provided zero religion to people practice because religion is the source of knowledge. If people had knowledge, people would have opposed the government. So, any religious believe was strongly prohibited. But in the People’s Republic of Kampuchea, the structure of believe and Buddhism was renaissance. In that time not only Buddhism, but Muslim also practiced and worshiped by the minority Khmer-Islam. Hence, religions were reborn in the People’s Republic of Kampuchea.

Then, the right to assembly in politics in Democratic Kampuchea was narrow as well as in People’s Republic Kampuchea. In Democratic Kampuchea, people participated actively in politics to write the Constitution. Farmers, workers and army were the founder of the state because they were the producers, the state developers and the state defenders. They did indirectly involve in the state policy. Anyway if we look back to the Khmer Rough period, the right to participate was different from People’s Republic of Kampuchea. The state opened freedom to individual to form group to participate in politics included clergy, monk and arm forces. But in the real practice, the state’s decisions never deal with election to choose the legitimate government.

3. Conclusion

In conclusion, in the Democratic Kampuchea people had no right in business, religion and politics. The government guaranteed no human rights and everyone no need to have rights because they respected to state and people’s organization. Whatever the organization demanded, people had to produce. In that political period, human right had never developed. For the period of People’s Republic of Kampuchea, people had a better living condition. Even if, everything was the state’s property, but people worked for some benefit, food. Later on they had the right to do business on their farm. They had the rights to religious believe and practice. But they did not have the rights to participate in politics, to vote and stand for election. However, the human right in People’s Republic of Kampuchea was much better than the rights in Democratic Kampuchea.

Reference:

1. CHANDLER DAVID, A History of Cambodia: Crisis in the Party, Westview Press, Inc 2^nd Ed, 1996

2. Jennar Raoul M., Cambodian Constitutions (1953 – 1993), White Lotus, Co., Ltd.; Bangkok, 1^st Ed, 1995

3. Title: Cambodia under Pol Pot (19751979), http://en.wikipedia.org/wiki/Cambodia_under_Pol_Pot_ (1975-1979) -->

Footnotes

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[1] Cambodian Const. Democratic Kampuchea, Chap. 9, Art. 12, p 86, 1^st Ed, 1995

[2] Title: Cambodia under Pol Pot (19751979), http://en.wikipedia.org/wiki/Cambodia_under_Pol_Pot_(1975-1979) -->

[3] Title: Cambodia under Pol Pot (19751979), http://en.wikipedia.org/wiki/Cambodia_under_Pol_Pot_(1975-1979) -->

[4] Ibid, Chap. 15, Art., 20, p 87

[5] Ibid, Chap. 9, Art., 12, p 85

[6] Ibid, Preamble, p 82

[7] Title: Cambodia under Pol Pot (19751979), http://en.wikipedia.org/wiki/Cambodia_under_Pol_Pot_(1975-1979) -->

[8] Cambodian Const. People’s Republic of Kampuchea, Chap 3, Art. 32, p 99, 1^st Ed, 1995

[9] Ibid, Chap. 2, Art. 19, p 96

[10] Ibid, Chap. 3, Art. 38, p 100

[11] Ibid, Chap. 3, Art. 30, p 98

[12] Ibid, Chap. 3, Art. 32 & 37, p 99

[13] DAVID CHANDLER, A History of Cambodia: Crisis in the Party, p 216, 2^nd Ed, 1996

[14] Ibid, p 217

[15] Cambodian Const. People Republic of Kampuchea, Chap. 3, Art. 31, p 98, 1^st, 1995

[16] Ibid, p 98

[17] DAVID CHANDLER, A History of Cambodia: OPPOSITION TO THE PRK, 2^nd Ed, p 231, 1996