III

104TH CONGRESS

2D SESSION S. RES. 285

Expressing the sense of the Senate that enforcement of the Cambodian

Genocide Justice Act, improvements in Cambodia’s record on human

rights, the environment, narcotics trafficking and the Royal Government

of Cambodia’s conduct should be among the primary objectives of the

United States in its relations with Cambodia.

IN THE SENATE OF THE UNITED STATES

JULY 29, 1996

Mr. ROTH (for himself, Mrs. FEINSTEIN, and Mr. THOMAS) submitted the following resolution; which was referred to the Committee on Foreign Relations

SEPTEMBER 25, 1996

Reported by Mr. HELMS, with an amendment, an amendment to the premable,

and an amendment to the title

[Strike out the preamble and all after the resolving clause and insert the part printed in italic]

SEPTEMBER 28, 1996

Considered, amended, and agreed to

RESOLUTION

Expressing the sense of the Senate that enforcement of the

Cambodian Genocide Justice Act, improvements in Cambodia’s record on human rights, the environment, narcotics trafficking and the Royal Government of Cambodia’s

conduct should be among the primary objectives of the

United States in its relations with Cambodia.
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Whereas the Paris Peace Accords in 1991 and the successful

national election of 1993 brought two decades of civil war

nearer to cessation, demonstrated the commitment of the

Cambodian people to democracy and stability, and led to

the creation of a national constitution guaranteeing fundamental human rights;

Whereas since 1991 the international community has contributed almost $2,000,000,000 to peacekeeping and national

reconstruction in Cambodia and currently provides over

40 percent of the budget of the Royal Government of

Cambodia (RGC);

Whereas recent events of Cambodia—including the arrest and

exile of former Foreign Minister Prince Sirivudh, the expulsion of former Finance Minister Sam Rainsy from the

FUNCINPEC Party and the National Assembly, a grenade attack against members of the independent Buddhist Liberal Democratic Party of Cambodia, mob attacks against pro-opposition newspapers, the assassination of journalist and Khmer National Party member

Thun Bunly, and harassment of other journalists—suggest that Cambodia is sliding back into a pattern of violence and repression;

Whereas the RGC has failed to investigate fully incidents of

political violence and prosecute the perpetrators;

Whereas, the RGC, without appropriate prior consultation

with the Cambodian Parliament and despite protestations

from Cambodians residing both inside the country and

overseas, has obtained from King Sihanouk an amnesty

for Ieng Sary, the former deputy Prime Minister of the

Khmer Rouge and brother-in-law of Khmer Rouge leader

Pol Pot during the period when the Khmer Rouge murdered as many as two million innocent Cambodians;
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Whereas that amnesty may allow Ieng Sary to fully reintegrate into Cambodian society and from a political

party that may participate in upcoming elections;

Whereas, Ieng Sary has disavowed any responsibility for the

genocide perpetrated by the Khmer Rouge against the

Cambodian people;

Whereas, the Cambodian Genocide Justice Act states that it

is the policy of the United States to support efforts to

bring to justice members of the Khmer Rouge for their

crimes against humanity, and in circumstances which the

President deems appropriate, to encourage the establishment of a national or international criminal tribunal for

the prosecution of those accused of genocide in Cambodia

and to provide such national on international tribunal

with relevant information;

Whereas, rampant corruption in the RGC has emerged as a

major cause of public dissatisfaction, which—when expressed by politicians and the press—has resulted in government crackdowns;

Whereas, Cambodia has been added to the Department of

State’s list of major narcotics trafficking countries,

though Cambodia has been certified by the President as

cooperating fully with the United States or taking adequate steps on its own to achieve full compliance with the

goals and objectives established by the United Nations

Convention Against Illicit Traffic in Narcotic Drugs and

Psychotropic Substances;

Whereas, the RGC—in contravention to the Cambodian Constitution—has sanctioned massive deforestation and timber exploitation which has devastated the environment,
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endangered the livelihoods of many of the country’s farmers; and

Whereas, illegal logging has helped finance both the Royal

Cambodian Armed Forces and the Khmer Rouge in their

civil war: Now, therefore, be it

1 Resolved, That it is the sense of the Senate that—

2 (1) among the primary objectives in United

3 States policy toward Cambodia should be enforce4 ment of the Cambodian Genocide Justice Act, im5 provements in Cambodia’s human rights conditions,

6 environmental and narcotics trafficking record, and

7 the RGC’s conduct;

8 (2) in compliance with the Cambodian Genocide

9 Justice Act, the United States should support efforts

10 to bring to justice members of the Khmer Rouge for

11 their crimes against humanity, and that the Presi12 dent deem it appropriate to encourage the establish13 ment of a national or international criminal tribunal

14 for the prosecution of Ieng Sary and to provide that

15 tribunal with any information available on Ieng

16 Sary’s alleged involvement in the Cambodian geno17 cide;

18 (3) the Secretary of State should closely mon19 itor preparations for upcoming Cambodian elections

20 in 1997 and 1998 to ensure that those elections are

21 held in a free and fair manner in compliance with
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1 international standards, and toward that end should

2 attempt to secure the agreement of the RGC to full

3 and unhindered participation of international observ4 ers for those elections;

5 (4) the Secretary of State should support the

6 continuation of human rights monitoring in Cam7 bodia by the United Nations, including monitoring

8 through the office of the United Nations Center of

9 Human Rights in Phnom Penh and monitoring by

10 the Special Representative of the United Nations

11 Secretary General for Human Rights in Cambodia;

12 and

13 (5) the Secretary of State should encourage

14 Cambodia’s other donors and trading partners to

15 raise concerns with the RGC over Cambodia’s record

16 on human rights, the environment, narcotics traf17 ficking and governmental conduct.

Attest:

Secretary.