Nagoya University Asian Law Bulletin Vol.3 (July 2017)[Article]
The Cambodia Problem as an Origin of the Human Rights Concept in ASEANSISOUK Boualaphiane 

Abstract
Southeast Asia is the youngest region in the term of human rights protection comparedto all other regions. In the past, Southeast Asia used to be known as a region without a humanright protection system. Many scholars claim that human right in Southeast Asia did not exist
until the establishment of the ASEAN Charter. Some authors argue that human rights issue
was dealt with in Southeast Asia after the Vienna Declaration and Programme of Action was
adopted in 1993 and many scholars claim that the ASEAN human rights regime was formedby the ASEAN Charter in 2008. However, this article will verify that the concept of humanrights in ASEAN emerged much earlier than 2008 and even before 1993 and identify
Cambodia problem as an origin of human rights concept in ASEAN. This paper will examine
human rights concerns in ‘the Situation of Kampuchea’, because on that occasion humanrights appeared for the first time in the ASEAN document. Furthermore, ASEAN’s changing
attitude towards Vietnam reaction finally brought human rights concerns into the Paris Peace
Conference in 1989 and the Paris Peace Agreement in 1991.

Contents
Introduction
I. Human Rights Concerns about the Situation of Cambodia
1. The Cambodia Problem
2. ASEAN Recognition of Human Rights in United Nations Cooperation
3. ASEAN Recognition of Human Rights in European Community Cooperation
Ⅱ. Human Rights Concerns in the Paris Peace Conference in 1989 and theAgreement in 1991
1. ASEAN’s Changing Attitude Towards Vietnam Reaction
2. Human Rights Concerns in the Paris Peace Conference in 1989
3. Human Rights Concerns in the Paris Peace Agreement in 1991
Conclusion


PhD. Candidate, Nagoya University Graduate School of International Development. Lecturer of International
Relations Department, Faculty of Law and Political Science, National University of Laos.

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The Cambodia Problem as an Origin of the Human Rights Concept in ASEAN

Introduction
Southeast Asia is not only a young region but also the youngest in terms of humanrights protection if compared to other regions. In addition, Southeast Asia used to be
known as a region without human right system. Even many authors and scholars deal
with the issue of human rights at the international level but not many focus on humanrights issue in Southeast Asia. Most of them deal with the human rights issue inSoutheast Asia by analyzing the events occurring after the Vienna Declaration and
Programme of Action was adopted in 1993, and many scholars claim that the ASEAN
human rights regime was formed by the ASEAN Charter 1 in 2008, which calls forhuman rights promotion and protection with the establishment of “ASEAN Human
Rights Body”.2 The reason that many authors identify 1993 as the key year for humanrights may be the Vienna Declaration and Programme of Action, which clearly
establishes that “[T]he solemn commitment of all States to fulfil their obligations topromote universal respect for, and observance and protection of, all human rights andfundamental freedoms for all in accordance with the Charter of the United Nations,other instruments relating to human rights, and international law”.3 This declaration iscommonly accepted and acknowledged by States.
Pietropaoli asserts that ASEAN had a commitment to promote and protect humanrights and to develop a regional mechanism in 1993.4 In addition, Woon also argues that
“The Foreign Ministers affirmed ASEAN’s commitment to human rights andfundamental freedoms as set out in the Vienna Declaration of 25 June 1993” whichstates that “the Twenty-sixth ASEAN Ministerial Meeting (AMM) agreed that ASEAN‘should consider the establishment of an appropriate regional mechanism on humanrights’”.5 ASEAN did not only accept the promotion of human rights in the Vienna
Declaration and Programme of Action but also issued their own Joint Communiqué in

1 Wictor Beyer, Assessing an ASEAN Human Rights Regime: A New Dawn for Human Rights in Southeast Asia?

(LAP LAMBERT Academic Publishing GmbH & Co.KG, 2011), 4.
2 “ASEAN Charter” in Dinah L. Shelton and Paoplo G. Carozza, ed., Regional Protection of Human Rights: Basic

Documents, 2nd ed. (Oxford University Press, 2013), 560.
“Vienna Declaration and Programme of Action (1993)” in Alison Bisset, ed., Blackstones’s International Human
Rights Documents, 9th ed. (Oxford University Press, 2014), 467.
4 Irene Pietropaoli, “Challenges for ASEAN Human Rights Mechanism: The Case of Lao PDR from a Gender
Perspective” in Hitoshi Nasu & Ben Saul, Human Rights in the Asia and The Pacific Region: Towards Institution
Building, (London and New York: Routledge Research in Human Rights Law, 2011), 166.
5 Walter Woon, The ASEAN Charter: A Commentary (Singapore: NUS Press, 2016), 135.
3

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Nagoya University Asian Law Bulletin Vol.3 (July 2017)

the AMM in the same year. Furthermore, Gomez and Ramcharan argue that a nascenthuman rights regime is emerging in Southeast Asia, one equipped with an institutional
body from 2008 through the ASEAN Charter, the ASEAN Intergovernmental
Commission on Human Rights (AICHR) in 2009, and a normative framework enshrinedin the ASEAN Human Rights Declaration (AHRD) in 2012.6
However, this paper will argue that the concept of human rights in ASEAN
emerged much earlier than 2008 and even before 1993, and considers Cambodia
problem as an origin of human rights in ASEAN. Some people might ask why it would
be Cambodia problem. Why did ASEAN integrate this issue into its agenda? DoesASEAN have its own principle of non-interference in the internal affairs of its members
which might struggle human rights protection? The answer to these questions will befound out in the following sections. Therefore, this paper will examine, first, humanrights concerns about the situation of Cambodia, because at that time, the first mentionof human rights appeared in an ASEAN document. Secondly, it will investigate
ASEAN’s changing attitude towards Vietnam’s reaction, which finally brought humanrights concerns into the Paris Peace Conference and the Agreement in 1991.

I. Human Rights Concerns about the Situation of Cambodia
ASEAN’s support in an attempt to solve the problem of conflicts in Cambodia incooperation with other communities was the starting point of human rights concern inSoutheast Asia. Even though human rights were not directly mentioned in any ASEAN
document, such as the Bangkok Declaration in 1967, peace and stability were clearly
promoted. Some scholars claim that human rights were not the first issue of the regional
agenda but security and economic development. 7 ASEAN did not recognise humanrights at that time. In 1971, ASEAN declared a Zone of Peace, Freedom and Neutrality(ZOPFAN).8 At that time, Cambodia and Vietnam were not yet members of ASEAN,
but both countries attended the Fourth ASEAN Ministerial Meeting and accepted the

6 James Gomez and Robin Ramcharan, “The Protection of Human Rights in Southeast Asia: Improving theEffectiveness of Civil Society” Asia-Pacific Journal on Human Rights and the Law 2 (2012), 27.
7 Bilahari Kausikan, “Asia’s Different Standard” in Philip Alson, ed., The International Library of Essays in Law &Legal Theory: Human Rights Law, vol. 11 (Dartmouth, 1996), 203.
8 “Zone of Peace, Freedom and Neutrality Declaration (Kuala Lumpur Declaration), Kuala Lumpur, 27 November

1971” in ASEAN Documents Series 1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 35.

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The Cambodia Problem as an Origin of the Human Rights Concept in ASEAN

ASEAN ideals of peace, social justice and economic well-being through regional
cooperative action, the spirit of an equal partnership, understanding and goodwill.9 This
cooperation showed that both Cambodia and Vietnam intended to be a part of ASEAN
in the future. In addition, ASEAN issued the Treaty of Amity and Cooperation inSoutheast Asia in 1976 with the purpose of promoting perpetual peace, everlasting
amity and cooperation.10 This treaty establishes its own principles which free ASEAN
from external interference and set up the principle of non-interference in the internalaffairs of one another. This treaty also reconfirms the accession of other States inSoutheast Asia to ASEAN11 which was stipulated in the 1967 Bangkok Declaration.
This meant that ASEAN would accept new members having territory in Southeast Asia.
Cambodia and Vietnam would qualify if they wished to be a part of ASEAN and accept
aims, principles and purposes of ASEAN. Therefore, Cambodia problem would be oneof the issues that ASEAN had to be worried when it would violate peace and stability inSoutheast Asia.
1. The Cambodia Problem
The Cambodian holocaust committed by the Khmer Rouge caused the deaths ofinnocent people, and massive human rights violations took place. 12 Some countries
claimed that it amounted to genocide, which was a severe blow to human rights as aninternational crime under international law, opposed to the object and purpose of theUnited Nations, and condemned by the civilized world.13 Even though initially almost
all Cambodians welcomed the Vietnamese entering Cambodia, it did not mean that they
preferred to be invaded in order to be rescued from the Khmer Rouge regime led by Pol
Pot.14 In some viewpoint, the intervention of Vietnamese troops brought the end to the
Pol Pot regime.15 Katayanagi says that “The Pol Pot regime ended by the intervention of

9 “Joint Communiqué of the Fourth ASEAN Ministerial Meeting, Manila, 12-13 March 1971” in ASEAN Documents

Series 1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 71.
10 “Treaty of Amity and Cooperation in Southeast Asia, Bali, 24 February 1976” in ASEAN Documents Series 1967-

1985 (Jakarta: ASEAN Secretary, 1985), 39.
11 Ibid.
12 Mari Katayanagi, Human Rights Functions of United Nations Peacekeeping Operations, (Martinus Nijhoff
Publishers, 2002), 101.
13 “Vienna Declaration and Programme of Action (1993)” in Alison Bisset, ed., supra note 3, at 7.
14 David P. Chandler, A History of Cambodia, 2nd ed. (Westview Press, 1992), 229.
15 Lucy Keller, “UNTAC in Cambodia - from Occupation, Civil War and Genocide to Peace” Max Planck Yearbookof United Nations Law 9 (2005), 129.

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Nagoya University Asian Law Bulletin Vol.3 (July 2017)

Vietnamese troops”. 16 The conflict in Cambodia was viewed by Vietnam as having
originated in a domestic power struggle among rival Cambodian factions. However,
ASEAN was concerned that the situation of Cambodia during this time was terrible andthe central issue of this conflict was the Vietnamese invasion and occupation of
Cambodia rather than a domestic power struggle among the Cambodia factions. 17 It
showed that there were two periods to be noticed in the Cambodia problem. The first
period was the situation before Vietnamese intervention into the internal conflict andgenocide and the second period was after the intervention by Vietnam.
ASEAN ignored the first period during that time but focused more on the second
period because their principles designed to prevent intervention by one country in theaffairs of another within the region was violated by the Vietnamese intervention in
Cambodia.18 ASEAN was concerned that the declaration of the ZOPFAN was ruined by
the invasion of Cambodia by Vietnam.19 Furthermore, the Declaration on Principles of
the International Law concerning Friendly Relations and Co-operation among States inaccordance with the Charter of the United Nations states that “No State or group ofStates has the rights to intervene directly, or indirectly, for any reason whatsoever in theinternational external affairs of any other State”. 20 Therefore, many countries wereconcerned that the action of Vietnam was a violation of international law. In addition,
the experience of the Nazi Holocaust served as an example that made ASEAN
concerned about peace and stability in Southeast Asia. Peace and stability had been twoof the main purposes of ASEAN since its establishment which were clearly stated in the
Bangkok Declaration. Therefore, ASEAN had to take actions to solve this problem.
2. ASEAN Recognition of Human Rights in United Nations Cooperation
In this situation, ASEAN tried to help Cambodia to solve the problem. At first, it
could be considered as a factor to contribute to the peace and security within Southeast
Asia, since the Cambodian problem had a negative effect on this. ASEAN claimed that

16 Mari Katayanagi, supra note 12, at 101.
17 Amitav Acharya, Pierre Lizee, and Sorpong Peou, eds., Cambodia - The 1989 Paris Peace Conference:
Background Analysis and Documents (Center for International and Strategic Studies, York University, 1991), xxvi.
18 Ibid.
19 The United Nations, Official Records of the General Assembly, Thirty-Fourth Session, Plenary Meetings, vol.2,
1979, 62nd Plenary Meeting, 1193.
20 The General Assembly, Resolution 2625 (XXV), (1970), http://www.un-documents.net/a25r2625.htm.

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the intervention of Vietnam in Cambodia was a violation of the Declaration of the
ZOPFAN,21 and included in its annual agenda the issues of solving this situation andkeeping regional peace and stability in Southeast Asia. In addition, a representative of
ASEAN, the Indonesian Minister of Foreign Affairs as the Chairman of ASEAN
Standing Committee, wrote a letter to the President of the United Nations Security
Council (UNSC) to transmit the text of a statement by ASEAN to be circulated as a
document of the UNSC. 22 This action aimed to make other countries aware of theCambodia situation and peace and stability in Southeast Asia.
The statement issued in Jakarta on 9 January 1979 underlined the important
points: “ASEAN deeply deplored the current escalation and enlargement of the armed
conflict between two Indochinese States”, and expressed “grave concern over the
implications of this development and its impact on the peace, security and stability inSoutheast Asia”. 23 ASEAN reaffirmed that peace and stability were essential for thenational development of the respective countries in the region of Southeast Asia.
ASEAN was convinced that for the sake of peace and stability and development inSoutheast Asia, the countries concerned should respect more fully the principles of theUnited Nations Charter and be mindful of the solemn pledge enunciated by thecountries in the region. 24 In addition, ASEAN encouraged the UNSC to not only
discuss the Vietnam-Cambodia conflict but also take necessary actions to restore peaceand stability in Indochina.25
A statement was issued in advance of the meeting of the ASEAN Foreign
Ministers (AFM) scheduled to be held in Bangkok 12-13 January 1979, which would
give further consideration to the Cambodian problem.26 At the Special Meeting of theAFM, they issued a Joint Statement which supported the previous statement on 9
January and the stated:

21 The United Nations, supra note 19, at 1193.
22 United Nations Security Council, Letter Dated 9 January 1979 from the Charge D’Affaires A.I. of the Permanent
Mission of Indonesia to the United Nations Addressed to the President of the Security Council, S/13014, Annex,
January 9, 1979, 1.
23 Ibid.
24 “Statement by the Indonesian Foreign Minister as Chairman of the ASEAN Standing Committee on the Escalationof the Armed Conflict between Vietnam and Kampuchea, Jakarta, 9 January 1979” in ASEAN Documents Series
1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 587.
25 Ibid.
26 United Nations Security Council, supra note 22, at 1.

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The ASEAN Foreign Ministers strongly deplored the armed intervention
against the independence, sovereignty and territorial integrity of
Kampuchea; they affirmed the right of the Kampuchea people to determine
their future by themselves, free from interference or influence from outside
powers in the exercise of their right of self-determination; the ASEAN
Foreign Ministers called for the immediate and total withdrawal of theforeign forces from Kampuchea territory [and] welcomed the decision of theUnited Nations Security Council to consider without delay the situation in
Indo-China, and strongly urged the Council to take the necessary andappropriate measure to restore peace, security and stability in the area.27

This statement was accepted among ASEAN members, and ASEAN encouraged
other countries to also accept their proposal. ASEAN wrote another letter to the United
Nations Secretary-General (UNSG) of the UN to transmit the Joint Statement to be
circulated as a document of the UNSC 28 to make other countries aware of the situationand for the sake of peace and stability in Southeast Asia. One month and one week later,
the permanent representative of Indonesia, in the capacity as Chairman of the ASEAN
Standing Committee (ASC), made another statement on the latest developments in
Indochina in order to avoid further disruption of peace and stability in the Southeast
Asia region by urgently appealing to the parties in conflict to cease all hostilities, andurged that all foreign forces be withdrawn from all the areas of conflict in Indochina.
Furthermore, ASEAN appealed to powers outside the region to exercise the utmost
restraint and refrain from any acts which might lead to a further escalation and wideningof the conflict.29 This statement also asked the UNSG to transmit the Joint Statement forcirculation as a document of the UNSC. 30 Besides these three statements by the
Chairman of the ASC, ASEAN made another effort to solve the Cambodian problem in
the Joint Communiqué of the Twelfth AMM in Bali, Indonesia on 28-30 June 1979 by
27

United Nations Security Council, Letter Dated 12 January 1979 from the Permanent Representative of Indonesia
to the United Nations Addressed to the President of the Secretary-General, S/13025, Annex, January 12, 1979, 2.
28 Ibid.
29 United Nations Security Council, Statement by H.E. Dr. Mochtar Kusumaatmadja, Minister for Foreign Affairs of
the Republic of Indonesia, in the Capacity as Chairman of the ASEAN Standing Committee, on the Latest
Development in Indo-China, S/13016, Annex, 1979, 2.
30 United Nations Security Council, Letter Dated 20 January 1979 from the Permanent Representative of Indonesia
to the United Nations Addressed to the President of the Security General, S/13016, February 20, 1979, 1.

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referring to the important issues which the AMM had to address with regard to thesituation in Indochina, such as the realization of ZOPFAN and the refugee problem.31
However, the UNSC could not make much progress on these issues since there weresome permanent members of the Council behind the problem.
Up to August 1979, the situation in Indochina or the Cambodia problem remained
unsolved and became worse. However, ASEAN did not cease searching for a solution tothis problem. At that time ASEAN did not only send the letter dated 17 August 1979 to
the UNSG to be transmitted as a UN document as before, but also requested theinclusion of a supplementary item in the agenda of the thirty-fourth session of theUnited Nations General Assembly (UNGA),32 which would take place from 15 October
to 23 November 1979.33 The UNGA accepted the request of ASEAN and included thesituation in Cambodia on their agenda. Before it took place, Cambodia factions andVietnam sent some letters to the UNSG to provide information about the situation. After
that, Thailand also did the same, since that country has a border with Cambodia andfaced the problem of refugees. In total, Cambodia factions sent 26 letters to the UNSG,
Vietnam sent 16, and Thailand sent four.34 Their letters were written from their own
points of view. The Thirty-Fourth Session of the UNGA started on October 15, 1979.
The situation in Cambodia was adopted as Agenda Item 123 for the 62nd to 67th
meetings from Monday 12 to Wednesday 14 of November 1979.35 These meetings had
six draft resolutions proposed by the two main groups and India. The main proponent of
the first group was Vietnam and the second group was ASEAN. The first draft
resolution of Vietnam was drafted on 25 October 1979, which included sevenparagraphs of the preamble and three paragraphs of the main texts. The most important
point of this draft was about the genocide, which had threatened peace and stability inSoutheast Asia. This meant that Vietnam also considered that peace and stability inSoutheast Asia was violated. However, this group ignored the fact that Vietnam invaded
Cambodia. It was true that Vietnam tried to ignore the argument of other countries

31 “Joint Communiqué of the Twelfth ASEAN Ministerial Meeting, Bali, Indonesia, 28-30 June 1979” in ASEAN
Documents Series 1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 86–88.
32 The United Nations, Official Records of the General Assembly, Thirty-Fourth Session, Vol.2, “Agenda Item 123:
The Situation in Kampuchea” (New York: United Nations, 1979), 1.
33 The United Nations, Official Records of the General Assembly, supra note 19, at cover.
34 The United Nations, Official Records of the General Assembly, supra note 32, at 5–7.
35 The United Nations, Official Records of the General Assembly, supra note 19, at xvi.

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Nagoya University Asian Law Bulletin Vol.3 (July 2017)about its invasion. On the other hand, the second group 36 drafted a resolution on 5
November 1979, which included nine paragraphs of preamble and 13 main paragraphs.
The most significant points were the first paragraph, which noted with great concernthat “the armed conflict in Kampuchea has escalated and is seriously threatening thepeace and stability of Southeast Asia”.37 At this stage it could be said that it was not
only ASEAN that was worried about peace and stability in Southeast Asia, but theinternational community also had the same concern.
Furthermore, paragraph five of the main text “[c]alls upon all parties to theconflict to observe fully the fundamental principles of human rights”.38 This was thefirst time that ASEAN, as the main author of this draft, touched upon the human rights
issue relating to the situation of Cambodia. However, there was a doubt whether
ASEAN was the actor eager to put the human rights issue in the draft, or whether it
simply agreed with other Western or European countries on this issue. Regardless of the
doubt, ASEAN accepted human rights in the draft, though it might have done so
unwillingly. In addition, some parts of this draft were edited later. It finally included
nine paragraphs of preamble and fourteen main paragraphs, and the concern abouthuman rights was retained.39 It restated that this group unanimously accepted the humanrights issue. 40 Therefore, it could be said that the human rights concern in this draft was
expressed for the first time by ASEAN.
The UNGA decided to pass the Resolution 34/22 on the situation in Cambodia at
the 67th plenary meeting on 14 November 1979, adopting the draft resolution of theASEAN members and 27 countries (the second group). Some people might wonder
why the UNGA agreed to adopt the draft resolution proposed by ASEAN and othercountries but not the Vietnam’s draft. The President of the UNGA, Salim Ahmed Salim,
agreed that the draft resolution of the second group was practical and reaffirmed thebasic principles for ensuring peaceful relations between States, because it wasconstructive and it sought actively to restore peace and stability to Cambodia and to
36 This resolution was drafted by Australia, Bangladesh, Belgium, Canada, Colombia, Comoros, Fiji, the Federal

Republic of Germany, Honduras, Indonesia, Japan, Luxembourg, Malaysia, Mauritania, New Zealand, Pakistan,
Papua New Guinea, Philippines, Samoa, Senegal, Singapore, Somalia, Thailand, Upper Volta and Zaire.
37 The United Nations, Official Records of the General Assembly, supra note 19, at 3.
38 Ibid.
39 Ibid., 4.
40 Besides these two groups of countries, India also drafted a resolution on Kampuchea on 12 November 1979, but
withdrew this draft resolution at the 67th plenary meeting.

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ensure that the Cambodia people themselves determine their own future and destiny.41
These reasons made the UNGA accept the draft of the second group. This resolution
had nine paragraphs in the preamble and fourteen points 42 in the main text, which
described many aspects on Cambodia problem, but the most important for this analysis
was paragraph five of the main text, which called upon “all parties to the conflict toobserve fully the fundamental principles of human rights” and also to “explore thepossibility of holding an international conference on Kampuchea as one of the means
for implementing the present resolution”.43 It is important to note that it was not only
the international community which was concerned about the protection of human rights,
but ASEAN countries also accepted this concern and drafted the resolution. Therefore,
it could be said that this initial stage of dealing with human rights issues regarding theCambodia problem constituted an original concept of human rights in ASEAN.
3. ASEAN Recognition of Human Rights in European Community Cooperation
ASEAN had not only cooperated with the UN but also with other countries orgroups of countries. However, the most important dialogue between ASEAN and othercountries about the Cambodia problem was the cooperation of ASEAN with theEuropean Community (EC). This cooperation can be identified as a significant point inpromoting human rights in ASEAN since human rights were first referred to in adocument produced by ASEAN within the framework of cooperation with the EC toaddress the Cambodia problem in 1980. The Joint Statement on Political Issues between
the Foreign Ministers of ASEAN and EC member-states in Kuala Lumpur on 8 March
1980 stated that:
They reaffirmed their commitment to the world peace, international
cooperation and understanding, economic development, social justice and
41 The United Nations, Official Records of the General Assembly, supra note 32, at 1194.
42 The 14 points are: (1) humanitarian relief, (2) resettlement of Kampuchean displaced persons, (3) coordination ofassistance and distribution, (4) facilitation of the humanitarian relief efforts, (5) calling upon all parties to the conflict
to observe fully the fundamental principles of human rights, (6) cessation of all hostilities forthwith, (7) immediate
withdrawal of all foreign forces and refraining from all acts or threats of aggression and all forms of interference in
the internal affairs of States in South-East Asia, (8) settlement of the disputes by peaceful means, (9) refraining fromany interference, (10) enabling Cambodian people to choose democratically their own government, (11) contribution
to a peaceful solution of the problem, (12) exploring the possibility of holding an international conference, (13)submission of a report on the situation at the earliest appropriate opportunity, (14) decision to include in theprovisional agenda of its thirty-fifth session the item entitled “The situation in Kampuchea”.
43 The General Assembly, Resolution 34/22 "The Situation of Kampuchea", 61st Plenary Meeting, (1979).

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Nagoya University Asian Law Bulletin Vol.3 (July 2017)human rights. They further emphasized the need for all states to observe
strictly the following principles: respect for sovereignty, territorial integrity,and independence of states, non-resort to force or threat of the use of force
and non-interference in the internal affaires of the other states. They agreed
that these principles are of vital importance to inter-state relations.44

This is the first time that human rights appeared in an ASEAN document after
sharing the human rights concern in the draft resolution of the UNGA. This is a signalthat human rights were starting to be more recognised by ASEAN as an important issue
in cooperation with both the UN and EC. Furthermore, the Philippines as the Chairmanof the ASC issued an important statement on 9 July 1980 which reaffirmed its
commitment to the international community action in accordance with the purposes andprinciples of the UN Charter and UNGA Resolution 34/22 on the situation in
Kampuchea, the ASEAN Joint Statement on the Cambodia conflict, and the ASEANEC Joint Statement on political issues.45 It meant that ASEAN’s concern about humanrights had gradually increased. Human rights concern from a boarder aspect of the UN
drafted resolution to the ASEAN-EC Joint Statement narrowed down to the ASEAN’s
commitment in the ASC statement.
In addition, the UN was further concerned about the situation in Cambodia andthe UNGA was motivated to issue Resolution 35/6 on 22 October 1980, which decided
a framework for the International Conference on Cambodia. Under this resolution, there
were two points that focused on the human rights issue. The first point was “[m]easuresby the United Nations to ensure law and order and the observance of the fundamental
principles of human rights in Kampuchea” and the second was the paragraph which“[r]eiterates its appeal to all parties to the conflict to observe fully the fundamental
principles of human rights”.46 These two points not only focused on Cambodia’s humanrights but also reaffirmed that ASEAN increasingly recognized human rights concerns,

44 “Joint Statement on Political Issues Kuala Lumpur, 8 March 1980” in ASEAN Documents Series 1967-1988, 3rd ed.
(ASEAN Secretariat, 1988), 438.
45 “Statement by the Philippine Foreign Minister as Chairman of the ASEAN Standing Committee and on Behalf of
the ASEAN Committee and on Behalf of the ASEAN Foreign Ministers, New York, 9 July 1980” in ASEAN
Documents Series 1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 590.
46 The United Nations General Assembly, Resolution 35/6, "The Situation in Kampuchea", 1980,
http://www.un.org/documents/ga/res/35/a35r6e.pdf.

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which had already been initially expressed in Resolution 34/22 and the ASEAN-EC
joint document, and the subsequent statement by the ASC. This could be seen as thesecond stage of human rights concern in ASEAN.
Ⅱ . Human Rights Concerns in the Paris Peace Conference in 1989 and theAgreement in 1991
The cooperation between ASEAN and the EC continued to play a significant rolein solving the Cambodia problem. In July 1981, the International Conference on
Cambodia was held by the UNGA in New York, in which the great majority of theinternational community participated, numbering 93 Members States.47 Unfortunately,
the Cambodia problem went unsolved because Vietnam did not join the conference,48
although the Foreign Ministers of ASEAN and the EC expressed their hope that
Vietnam would join the conference to make a peaceful resolution to the Cambodia
problem and to re-establish the peace and stability in Southeast Asia. 49 The ASEAN
and EC Ministers undertook their commitment to the resolutions of the UNGA on thesituation in Cambodia in 1984 which called for the total withdrawal of all foreign troops
from Kampuchea. 50 However, the Ministers regretted the Vietnam’s refusal toacknowledge these resolutions as a basis for a comprehensive political solution to the
Kampuchea problem. In this situation, the Ministers of ASEAN and the EC understoodthat the main issue was Vietnam. Therefore, they terminated assistance to Vietnam, as it
was supporting and expanding the occupation of Cambodia. 51 The problem was
unsolved since there was no cooperation from Vietnam.
1. ASEAN’s Changing Attitude Towards Vietnam Reaction
Up to 1986, Vietnam continued to reject the proposal to resolve the Cambodia
problem and also refused the proposal of the Coalition of Democratic Kampuchea,

47 The United Nations, The United Nations and Cambodia, 1991-1995, vol.2, (The United Nations, 1995), 6.
48 “Statement by the Indonesian Foreign Minister as Chairman of the ASEAN Standing Committee on the Escalationof the Armed Conflict between Vietnam and Kampuchea, Jakarta, 9 January 1979” in ASEAN Documents Series
1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 587.
49 Ibid.
50 “Joint Press Release of the Fifth ASEAN-EC Ministerial Meeting, Dublin, 15-16 October 1984” in ASEAN
Documents Series 1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 451.
51 Ibid., 452.

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under Prince Sihanouk, on constructive elements for a peaceful settlement andprinciples approved by ASEAN and the UN. 52 In December of the same year, theVietnamese government adopted a new policy called Doi Moi or Renovation in the
Sixth National Party Congress. 53 It was clear that this new policy could not be
accomplished without a comprehensive settlement of the Cambodia problem.54 In 1987,
Vietnam made a decision to withdraw from Cambodia and reduce its large standingarmy to set in motion a strategic readjustment in its national security policy, which was
adopted in Resolution No.2 of the Politburo of the Vietnam Communist Party (VCP).55
Domestic policy in Vietnam directly affected the Cambodia problem. If there had been
no new policy, Vietnam might have continued to refuse to withdraw its troops from
Cambodia and it would have been harder to solve the Cambodia problem in a peacefulway.
In August 1987, the cooperation between ASEAN and Vietnam started,
particularly between Vietnam and Indonesia as a representative of ASEAN, with theleaders meeting in Ho Chi Minh City. This meeting regarding the Cambodian issue
resulted in a joint communiqué in which Vietnam promised a two phased troop
withdrawal to be completed in 1990 should a political solution be found.56 On the other
hand, ASEAN also cooperated with Cambodia in the process of dialogues among thefour Cambodian factions at the first face-to-face talks in July 1988. 57 Without
discussions between the main factors and ASEAN, the problem would hardly have beensolved. ASEAN played a significant role in the Cambodia problem as a good partner. In
these circumstances, the Secretary General of the VCP, Nguyen Van Linh, told thePhilippine Foreign Minister, Raul Manglapus, who was visiting Vietnam, that “Vietnam
was eager to join ASEAN” in late 1988.58 To prove its eagerness, Vietnam implemented

52 “Joint Declaration of the Sixth ASEAN-EC Ministerial Meeting Jakarta, 20-21 October 1986” in ASEAN

Documents Series 1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 459.
53 Carlyle A. Thayer, “Vietnam and ASEAN” (Conference on Vietnam in 2001: Prospects for Economic and Social

Progress, Washington, D.C.: Asia-Pacific Center for Security Studies, 2000), 1.
54 Ibid.
55 Ibid.
56 Nguyen Huu Quyet, Vietnam’s ASEAN Strategic Objectives Since the 1986: Doi Moi Reform (National Graduate
Institute for Policy Studies, 2013), 27.
57 The United Nations, supra note 47, at 6.
58 Carlyle A. Thayer, supra note 53, at 2.

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The Cambodia Problem as an Origin of the Human Rights Concept in ASEAN

the first-phase by the withdrawal of 50,000 troops from Cambodia and removed all
remaining troops from the Thai-Cambodian border.59
In January 1990, the Prime Minister of Thailand, Chatchai Chunhawan, officiallystated his support for the incorporation of Indochina into ASEAN in response toVietnam’s gesture of goodwill.60 He also announced “Bangkok wishes to turn Indochina
from battlefields into marketplaces”.61 Both these actions were turning the Cambodia
problem to the positive side. At the same time, the Prime Minister of Malaysia,
Mahathir, indicated that “ASEAN could accept Vietnam as a member of the grouping in
the future should it subscribe to the ideas of ASEAN”.62 To become a part of ASEAN
was one of the targets of Vietnam’s new policy, and ASEAN agreed to increase theirmembership since it was one of their declared points from the Bangkok Declaration andthe Treaty of Amity and Cooperation in Southeast Asia. One condition was that
Vietnam had to cooperate in solving the Cambodia problem.
ASEAN made great efforts to solve the situation in Cambodia and keep the peace
project for the region and also with external actors. The Foreign Ministers of themember states of ASEAN and of the EC met in London where they reaffirmed theircommitment made earlier at Kuala Lumpur to the world peace, human rights,
international cooperation and understanding, economic development, and social justice,and the principles of the UN Charter.63 The Ministers of ASEAN and the EC supported
the UN as a universal forum for the protection of international peace and security andfor international cooperation and reconfirmed their commitment to uphold the principles
enshrined in the UN Charter. 64 Their grave concern was that in many parts of the world
fundamental principles such as the non-use of force against the territorial integrity of thestates and respect for human rights were currently being violated. Therefore, they
insisted that the international community should work actively with the UN and the
UNSG for resolution of these issues.65 Many of the statements of the participants clearly

59 Nguyen Huu Quyet, supra note 56, at 28.
60 Carlyle A. Thayer, supra note 53, at 2.
61 Nguyen Huu Quyet, supra note 56, at 28.
62 Carlyle A. Thayer, supra note 53, at 2.
63 “Joint Statement of the Foreign Ministers of the Members States of the European Community and ASEAN,
London, 13-14 October 1981” in ASEAN Documents Series 1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 441.
64 “Joint Press Release of the Fifth ASEAN-EC Ministerial Meeting, Dublin, 15-16 October 1984” in ASEAN
Documents Series 1967-1988, 3rd ed. (ASEAN Secretariat, 1988), 451.
65 Ibid.

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Nagoya University Asian Law Bulletin Vol.3 (July 2017)endorsed the commitment to solve the Cambodia problem and prevent the returning of
the Pol Pot regime in the future.
ASEAN and the EC put great efforts into the Paris Peace Agreement on
Cambodia, and finally the Paris Peace Conference was held from 30 July to 30 August
1989 after the Jakarta Informal Meeting (JIM) I and II organized by ASEAN in an effort
to solve the Cambodia problem proved to be unsuccessful. However, JIM I and II paved
the ground for solving the Cambodia problem. In November 1990, the President ofIndonesia, Suharto, became the first ASEAN head of state to officially visited Vietnam,
considering the possibility of Vietnam becoming a next member of ASEAN. The wish
of Vietnam for accession to ASEAN due to the new policy and the effort of ASEAN in
solving the Cambodia problem and in building peace and stability in ASEAN became acondition under which Vietnam accepted to proceed with the Peace Agreement.
2. Human Rights Concerns in the Paris Peace Conference in 1989
The Paris Peace Conference was co-chaired by Mr. Ali Alatas, the Minister for
Foreign Affairs of the Republic of Indonesia and Mr Roland Dumas, the Minister for
Foreign Affairs of the French Republic. 66 The conference started with an opening
address by each faction and other related parties. At this stage each party had their own
viewpoints which expressed whatever issues they wished, but this paper will highlight
only the concern about human rights, genocide, peace, stability and support of the UN
resolution. The Cambodia faction leader, Khieu Samphan, remarked that fundamental
human rights were one of the important issues of concern in his address.67 Besides, thePresident of the Council of Ministers, Hun Sen, was concerned about the availability of
any measure that would likely prevent the return of the genocidal regime of Pol Pot or
prevent a civil war caused by the latter.68 In addition, the Vice President of the Councilof Ministers of Lao PDR, Phoun Sipaseuth, also stated “it is necessary that theinternational community take concrete measures to prevent the return to power of the66 The United Nation General Assembly, The Situation in Cambodia, Forty-Sixth Session, A/46/608-S/23177,
Agenda Item 24 (1991), 2.
67 “Address by H.E. Mr. Khieu Samphan to the Paris International Conference on Cambodia, 31 July 1989” inAmitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supra note 17, at 22.
68 “Intervention De S. Exc. M. Hun Sen, President du Conseil des Ministres, Ministre des Affaires Eterangeres et
Chef de la Delegation de l’Etat Du Cambodge a la Conference Internationale sur le Cambodge, Paris 30 Juillet 1989”
in Amitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supra note 17, at 37.

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The Cambodia Problem as an Origin of the Human Rights Concept in ASEAN

genocide Pol Pot group”.69 It could be said that many leaders were worried about thepeace, stability and human rights, and tried to prevent the return of genocide and humanrights violation to the Cambodian people. At this stage, some leaders recognized that thesolution of the Cambodian question could greatly contribute to the building of Southeast
Asia as a zone of peace, neutrality, friendship and cooperation, and that it should be
resolved through political means and thus not by force of arms.70
Prince Mohamed Bolkiah, the Minister of Foreign Affairs of Brunei Darussalam,argued that the theme of the discussion must be not less than the term of acomprehensive and durable settlement of the Cambodia problem as defined by the
UNGA resolution on this issue.71 The Foreign Minister of China, Qian Qichen, statedthat they were at the Paris International Conference on Cambodia for seeking acomprehensive, just and reasonable political settlement of the Cambodia question, but
asked how to attain such a settlement at this stage. His idea on this issue was that theinternational community had to put forward a variety of propositions and proposals.72 In
addition, China pointed out the important role of the UN and its UNSG, since the UN
was the most capable, experienced and authoritative in the area of international
supervision.73
The declaration on the permanent neutrality of the state of Cambodia stated thatthe international community invited all parties to respect five principles to bring about
conditions whereby a “political solution to the Cambodian question” and the“edification of Southeast Asia in a zone of peace, neutrality, friendship and cooperation”
could be implemented.74 These principles were very important for making all parties

69 “Intervention De S. Exc. Phoun Sipaseuth, Vice-President du Conseil des Ministres, Ministre des Affaires

Eterangeres, Chef de la Delegation de la Republique Democratique Populaire Lao, a la Conference Internationale surla Cambodge Tenue a Paris, le 30 Juillet 1989” in Amitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supra note
17, at 42.
70 “Statement by H. E. Mr. Ali Alatas, Minister for Foreign Affairs of Indonesia, and Co-Chairman of theInternational Conference on Cambodia, Paris 30th July 1989” in Amitav Acharya, Pierre Lizee, and Sorpong Peou,eds., supra note 17, at 52.
71“Statement by His Royal Highness Prince Mohamed Bolkiah, Minister for Foreign Affairs of Brunei Darussalam, at
the International Conference on Kampuchea, 30th July 1989, Paris” in Amitav Acharya, Pierre Lizee, and Sorpong
Peou, eds., supra note 17, at 72.
72 Ibid., 74.
73“Statement by Foreign Minister Qian Qichen at the Paris International Conference on Cambodia, 31 July 1989” inAmitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supra note 17, at 75.
74“Intervention De S. Exc. Phoun Sipaseuth, Vice-President Du Conseil Des Ministres, Ministre Des Affaires
Eterangeres, Chef De La Delegation De La Republique Democratique Populaire Lao, a la Conference Internationale
sur la Cambodge Tenue a Paris, le 30 Juillet 1989” in Amitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supranote 17, at 41-42.

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Nagoya University Asian Law Bulletin Vol.3 (July 2017)

respect human rights. The first principle was to “respect the independence, sovereignty
and territorial integrity of all countries”; the second principle was to “refrain frominterfering in the national affairs of each other, not using the threat of force and strength
in its relations”; the third principle was to “refrain from interfering into or participatingin military alliances with countries in the region and outside the region to oppose toeach other and oppose the countries outside the region, and from using the territory of
the country or the territory of the third country against others”. The fourth was to“resolve incidents and international disputes by peaceful means”; and the fifth was to“promote effective cooperation on the basis of equality and mutual benefit”.75 If theseprinciples could be implemented, the problem of Cambodia would be solved andregional peace and stability should be maintained.
Furthermore, the UNSG stated that all parties accepted the principal objectives ofa comprehensive solution and the conference would be called upon to discuss theestablishment of an International Control Mechanism (ICM).76 The conference desired
to press for the adoption of appropriate measures to ensure the respect for human rights
and prevent a return to the universally condemned policies and practices of the period
1975-1978, in which the Cambodia parties should solemnly pledge to respect thefundamental human rights enshrined in the relevant international conventions and toincorporate those rights in the constitution of the future state. 77 During this time, it
seemed that all participants in the conference were concerned about human rights, but
the implementation of human rights protection should be particularly for Cambodians
and within Cambodia.
After getting the statement of each party, the conference continued by making therules of procedure and organization of work. The conference was organized into an Ad
Hoc Committee, a Coordination Committee and three Working Committees.78 Amongthe three Working Committees, the First Committee, chaired by Canada and India, dealt
with modalities of a cease-fire and the mandate. The Second Committee dealt with thequestion of international guarantees to prevent the recurrence of genocide policies and75 Ibid., 41.
76 “Statement of the [U.N.] Secretary-General at the Opening of the International Conference on Peace in Cambodia,

Paris, 30 July 1989” in Amitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supra note 17, at 110.
77 Ibid., 111.
78 The United Nations General Assembly, supra note 66, at 3–4.

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The Cambodia Problem as an Origin of the Human Rights Concept in ASEAN

practices. This committee was chaired by Lao PDR and Malaysia. The Third Committee
dealt with the repatriation of refugees and displaced persons and reconstruction of
Cambodia. This committee was chaired by Australia and Japan.79 These three Working
Committees were chaired by the participants of this conference. However, the Ad Hoc
Committee included four Cambodian parties and was chaired by the Co-Chairs of theconference (Indonesia and France). The Coordination Committee was established to be
responsible for coordinating the work of the four committees. The Committee Chairs
included Indonesia and Malaysia as the representatives of ASEAN which was vital for
ASEAN as both countries were the representatives of the association.
Among the discussions by these committees, this paper will identify some specificpoints related to human rights, particularly from the Second Committee, since the chairsof this committee were a member and a future member of ASEAN. This committee’s
perspective was to guarantee respect for fundamental human rights, the full enjoyment
by the Cambodian people of the rights and freedoms stipulated in the Universal
Declaration of Human Rights and other relevant international instruments pertaining tohuman rights, to prevent the recurrence of genocidal policy and practices incompatible
with these rights,80 and to promote peace, security, stability and cooperation in SouthEast Asia.81 This perspective also was endorsed by the five permanent members of the
UNSC in their statement in March 1990 and readdressed in a letter dated 29 May 1990
from them to the UNSG. 82 These clearly recognised that all levels of human rights
protection, prevention of a return to genocide, and peace and stability were the primaryconcerns for them as well as ASEAN. In addition, the documents of the Coordination
Committee also highlighted that the primary objective of the reconstruction of
Cambodia should be the advancement of the Cambodian nation and people, without
discrimination or prejudice, and with full respect for fundamental human rights for all.83
Hun Sen proposed an additional statement saying that there must be full respect for
fundamental human rights, in particular those of the repatriated refugees and displaced
79 “Organization of the Work: Text Adopted by the Conference at Its 4th Plenary Meeting, on 1 August 1989”

CPC/89/4, in Amitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supra note 17, at 129–30.
80 Amitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supra note 17, at 186.
81 Ibid., 193.
82 Ibid., 495–97.
83 “Letter Dated 25 August 1989 from the Rapporteur of the Third Committee to the Co-Chairman of the Co-

Ordination Committee” CPC/89/CC/3, in Amitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supra note 17, at
370.

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Nagoya University Asian Law Bulletin Vol.3 (July 2017)

persons, in recognition of their entitlement to live in peace and security, free from
intimidation and coercion and free from a return to genocidal policies and practices.84
By one of the leading factions in Cambodia, human rights protection was thus
recognised and claimed for.
Furthermore, Indonesia played the significant roles in solving the Cambodia
problem as the Chair of the Jakarta Informal Meeting in 1988 and as a Co-Chair of thisConference in 1989 and as a representative of ASEAN. Indonesia put in strenuous
efforts and raised many important issues, particularly regarding the prevention of therecurrence of genocidal policies and practices of the Pol Pot regime and theestablishment of peace and stability in Southeast Asia. As pointed out above, ASEAN
initially only considered the second period of Cambodian conflict, but now its concern
was wider and covered both genocide and human right protection. Mindful that theTreaty of Amity and Cooperation in Southeast Asia was concluded at Bali in 1976 andopened for accession by all states in Southeast Asia, participants agreed that anundertaking by all Southeast Asian countries to become party to this treaty would
manifest in a concrete way their common desire to achieve that goal.85 As the Co-chairof the Ad Hoc Committee (Indonesia) and as Chairs of the Second Committee(Malaysia and Lao PDR) on prevention of the genocide recurrence, ASEAN members
understandably had more awareness of the human rights issue. On 20 September 1990,
the UNSC issued Resolution 668 (1990) to frame a comprehensive political settlementof the Cambodia conflict and take note with appreciation of the effort of ASEAN andother countries involved in promoting the search for a comprehensive politicalsettlement. 86 This conference was the way to solve Cambodia problem and was
accepted by the hostile parties and the participants. Moreover, on 23 February 1991 a
Permanent Interdepartmental Committee on Human Rights in Indonesia was formed bydecree of the Minster of Foreign Affairs, and Indonesia became a member of the United
Nations Commission on Human Rights in the same year. 87 Two years later, the84 Ibid., 375.
85 “Communications Circulated to the Participants at the Request of the Indonesian Delegation, Issued 29 July 1989”
CPC/89/COM/2 in Amitav Acharya, Pierre Lizee, and Sorpong Peou, eds., supra note 17, at 427–28.
86 The Security Council, Resolution 668 (1990), 28, https://documents-ddsny.un.org/doc/RESOLUTION/GEN/NR0/575/18/IMG/NR057518.pdf?OpenElement.
87 Report of the Special Rapporteur, Mr. P. Kooijmans, pursuant to Commission on Human Rights Resolution
1991/38, “Question of the Human Rights of All Persons Subjected to Any Form of Detention or Imprisonment, in

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Indonesia National Human Rights Commission (INHRC or Komnas HAM) wasestablished based on the Presidential Decree No. 50/1993 which developed from thePermanent Interdepartmental Committee on Human Rights. 88 This showed thatIndonesia as the Co-Chair of the Paris Peace Conference really took human rights
concerns in its action.
3. Human Rights Concerns in the Paris Peace Agreement of 1991
Finally, the Paris Peace Agreement was successfully concluded on 23 October
1991 as an agreement for the comprehensive political settlement of the Cambodia
conflict. It was signed by Cambodia and 18 other countries, including ASEAN members,in the presence of the UNSG. This agreement consists of four parts: the Final Act of theParis Conference on Cambodia, the Agreement on a Comprehensive Political
Settlement of the Cambodia Conflict, the Agreement Concerning the Sovereignty,
Territorial Integrity and Inviolability, Neutrality and National Unity of Cambodia, andthe Declaration on Rehabilitation and Reconstruction of Cambodia.89 These agreements
took more than a decade of negotiations, with ASEAN, the EC and the UNSG closely
involved from the beginning. Without their efforts the Cambodia problem might nothave been solved.
The agreements were in accord on many important points, but the most important
point for human rights issue was prescribed in Part III: Human Rights of the Agreement
on a Comprehensive Political Settlement of the Cambodia Conflict, which states that“[a]ll persons in Cambodia shall enjoy the rights and freedoms provided by the
Universal Declaration of Human Rights and other relevant international instruments
relating to human rights” and “[e]nsure the observance of the rights of man andfundamental freedoms in Cambodia; support the right of all Cambodian citizens toundertake activities to promote and protect the human rights and fundamental freedoms;
make effective measures to ensure that the policies and practices of the past shall neverbe allowed to return.” 90 With regard to adherence to the relevant international
Particular Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” (Commission on Human
Rights, Forty-Eight Session, January 8, 1992), 4–5.
88 The ASEAN NHRI Forum, Komisi Nasional Hak Asasi Manusia Indonesia: Komnas HAM Indonesia, 2013,
http://seanf.asia/index.php/about-us/indonesia.
89 The United Nations General Assembly, supra note 66, at 2, 8, 48, 55.
90 Ibid., 14.

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instruments relating to human rights; it was stated: “The other signatories to thisagreement undertake to promote and encourage the respect of the rights of man andfundamental freedoms in Cambodia as enshrined in the relevant international
instruments and relevant resolutions of the General Assembly of the United Nations to,inter alia, prevent the recurrence of human rights violations.”91 This Agreement used theword “for all Cambodia citizens” or “in Cambodia” but general ideas and concepts
about genocide and human rights were widely accepted in the international communityand particularly by the 18 other signatory countries in the presence of the UNSG
including ASEAN Members.
In addition, this agreement had five annexes. Annex 1, on the United Nations
Transitional Authority in Cambodia (UNTAC) Mandate”, Section E, Human Rights,
provided in accordance with Article 16 that UNTAC will make provision for “thedevelopment and implementation of a program of human rights education to promoterespect for and understanding of human rights, general human rights oversight during
the transitional period, and the investigation of human rights complaints, and, whereappropriate, corrective action.”92 Moreover, the Agreement Concerning the Sovereignty,
Territorial Integrity and Inviolability, Neutrality and National Unity of Cambodia wasbased on the concept that a comprehensive political settlement for Cambodia wasessential for the long-term objective of maintaining peace and security in Southeast
Asia and promoting respect for human rights and fundamental freedoms in conformity
with the Charter of the United Nations and other relevant international instruments.
Article 3 of this Agreement states that:1.

All persons in Cambodia shall enjoy the rights and freedoms embodied
in the Universal Declaration of Human Rights and other relevantinternational human rights instrument.

2.

To this end,a.

Cambodia undertakes:-

To ensure respect for and observance of human rights and fundamental
freedoms in Cambodia;

91 Ibid.
92 Ibid., 27.

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The Cambodia Problem as an Origin of the Human Rights Concept in ASEAN-

To support the right of all Cambodian citizens to undertake activities topromote and protect the human rights and fundamental freedoms;-

To take effective measures to ensure that the policies and practices ofthe past shall never be allowed to return;-To adhere to the relevant international instruments relating to humanrights;b.

The other signatories to this agreement undertake to promote andencourage the respect of the rights of man and fundamental freedoms
in Cambodia as embodied in the relevant international instruments inorder, in particular to prevent the recurrence of human rights abuses.

3.

The United Nations Commission on Human Rights should continue tomonitor closely the human rights situation in Cambodia, including, if
necessary, by the appointment of a Special Rapporteur who would
report his findings annually to the Commission and to the General
Assembly.

As the result, the Paris Peace Agreement provided many bases for solving theCambodia problem. However, one of the most significant points for ASEAN in thispaper is the human rights issue, which is clearly stated above. All members of ASEAN
dealt with the human rights issue in solving the Cambodia problem, both with thecooperation with the UN, the EC and the Paris Peace Conference and the Agreement.
These experiences impelled ASEAN to give attention to human rights, since they were apart of this cooperation, a factor for making peace, a pillar of maintaining stability, andan element for the prevention of genocide. Human rights at this stage may have directly
focused on Cambodia in particular, but in general terms human rights protection
covered wider aspects and ASEAN members had to accept this. Therefore, the concern
about human rights in ASEAN gradually evolved due to the process of solving theCambodia problem. From the beginning, many parts of this paper focused on peace andstability because human rights were a tool for peace during this time. Also, peace andstability could mean the protection of human rights, and peace cannot be achievable
without human rights protection.

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Nagoya University Asian Law Bulletin Vol.3 (July 2017)Conclusion
The Cambodia problem can be identified as a significant turning point for
ASEAN, and it can be concluded that from this problem the concept of human rights
emerged in ASEAN. Human rights concerns first appeared in the draft resolution of the
UNGA in 1979 through ASEAN with other countries as an initial stage of human rights
in ASEAN related to the Cambodia problem and as an original conception of humanrights in ASEAN. Without the drafting process of the GA resolution, ASEAN might nothave integrated human rights into its concerns. In addition, the Joint Statement of
ASEAN-EC on the political issue in 1980, which is the second stage of human rights
appearing in ASEAN through the Cambodia problem, developed from the initial stage.
This stage was the most significant, since it was the stage where human rights wereidentified in the documents of ASEAN, which meant that the intention of ASEAN withregard to human rights was stronger than at the initial stage. In the Paris Peace
Conference in 1989 and the Paris Peace Agreement in 1991, ASEAN reached the third
stage of human rights concerns because of the Cambodia problem. This stage was also
important since ASEAN also signed the Paris Peace Agreement. ASEAN accepted theterms and conditions of the agreements. Therefore, as the Cambodia problem was theorigin of the concept of human rights in ASEAN, there were three distinct stages ofdevelopment of ASEAN’s concern for human rights.
In addition, this also proves that human rights concerns in ASEAN emerged muchearlier than 2008, as some scholars used to claim, and even before 1993, as otherauthors referred to based on the Vienna Declaration and Programme of Action. It was a
result of solving Cambodia problem which introduced the human rights concept into
ASEAN. However, human rights concerns might not have been identified or recognized
by ASEAN without the cooperation with the UN and the EC in resolving the problem of
Cambodia. Also, ASEAN would have not been successful in solving the Cambodia
problem without the diverse support and cooperation of Vietnam. Furthermore, it could
be said that the ASEAN principle of non-interference, which had been strictly observed
but was disregarded in the invasion of Cambodia by Vietnam, shook the peace andstability of Southeast Asia and made ASEAN become involved in the Cambodia
problem and assist in solving the issue.

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The Cambodia Problem as an Origin of the Human Rights Concept in ASEAN

One important point here was that ASEAN accepted to put the human rights issue
in their discourse even though the association was concerned that human rights were adomestic matter which should not involve external interference. At the time of thesituation of Cambodia, no one observed that the Joint Statement of ASEAN-EC on
Political Issue would become an important point of human rights concern in ASEAN
and it would become a significant issue. Also, no one anticipated that the Paris Peace
Agreement would be an important document for ASEAN. However, looking back atthese documents at this moment, they are very essential to ASEAN in terms of humanrights and it was concern for Cambodia people that led the group there. However,Cambodian people are now a greater concern for ASEAN since Cambodia became amember in 1999. Therefore, the human rights issue as outlined in the Paris Peace
Agreement should also be implemented by all members of ASEAN. Moreover, it should
be noted that ASEAN broke their principles in term of solving the Cambodia problem.
It could be maintained that Cambodia’s human rights should be equal with ASEAN
human rights and it could be concluded that the Cambodia problem is an origin of thehuman rights concept in ASEAN.

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