REPORT STUDY CONDUCTED AUGUST 2021 – AUGUST 2022: HEALTH AND WELFARE OF THE SURVIVORS OF THE KHMER ROUGE. (Published on September 19, 2023)

Review of “Protecting Cambodia’s Heritage: An Exploration of International and Domestic Law”
Reviwed by JP Leskovich, JD
University of Pittsburgh School of Law

I. SUMMARY OF REPORT FINDINGS
Cambodia is a land rich with cultural history, but it has been subject to looting and destruction. This report provides the historical context and legal framework needed to analyze this issue and applies it to multiple case studies. This review will summarize the report’s findings before providing additional analysis.

A. Historical Context and Legal Framework
Cambodia has experienced a significant loss of cultural property over the past two centuries. During French rule, colonialists pillaged many cultural artifacts, believing they had a right to it. In the 1970s, the Lon Nol regime (1970-1975) oversaw a devastating civil war during which bombs fell on communities and cultural property. The civil war ended with the establishment of the brutal Khmer Rouge regime (1975-1979), who committed genocide against the Cambodian people. They generally left cultural property alone, despite isolated incidents, but began to loot and sell artifacts towards the end of their regime. And the campaign of destruction against Cambodian intellectuals meant that there were not experts to preserve and maintain historical sites. After the fall of the Khmer Rouge, there was little official information about who engaged in looting when.

Both international and domestic law create the legal framework for cultural preservation, destruction, and looting. The most relevant instruments of international law are the Convention for the Protection of Cultural Property in the Event of Armed Conflict (the Hague Convention) and the UNESCO 1970 and 1972 Agreements. Together, this provides protection for times of war (Hague) and peace (UNESCO). The Hague Convention imposes affirmative duties to safeguard cultural property, to not use cultural property for military purposes, and to train military personnel about these protections. Enforcement includes training specialists, moving cultural objects when possible and emblazoning a blue and white emblem when not. The UNESCO agreement creates protections to prevent illegal importation and promote preservation. The report discusses other international laws that provide additional protection against looting and promote repatriation.

The most relevant domestic law is the UNTAC-era protections, the 1993 Decision of the Protection of Cultural Heritage, the 1996 Law on the Protection of Cultural Heritage, the 2001 Land Law, and the Civil and Criminal Codes. Together, this creates a landscape where the state owns most cultural property, and any discoveries must be reported to authorities. Although landowners own the ground under their land, they do not own cultural objects they discover, which is a source of confusion. There are numerous possible crimes for destruction of cultural property and looting, including specific intent crimes related to cultural property and theft.

B. Case Studies
The report applied the legal framework described above to two case studies: 1) Prasat Phnom Da Temple, and 2) Prasat Ta Moan Thom Temple. Prasat Phnom Da is a temple in the Angkor Borei district, in southern Cambodia near the border with Vietnam. The temple had been the target of looting and many villagers engaged in subsistence looting. Most people did not know they did not have a right to the artifacts found on their property, but most said they would now report any findings to local authorities. Even police did not seem to enforce the law as written, as they only chastised people for digging in the river. Recent preservation efforts have improved the local museum, allowing more opportunities for cultural enrichment. Prasat Ta Moan Thom Temple is a temple on the border with Thailand and has been the site of armed conflict. The presence of both Thai and Cambodian military personnel impedes preservation efforts and tourism. Soldiers provide conflicting reports about whether shots were fired from the temple itself, but it’s clear that protecting the temple was not a priority for parties involved during conflict. Many soldiers confirmed that the temple did not have the blue and white emblem required by international law. Although Thailand likely committed more infractions, Cambodia has a responsibility to better train its soldiers. Additionally, most local students have not been able to take a field trip, as educators are concerned about keeping up with the national curriculum, and many local adults did not know much about the temple.

C. Policy Recommendations and Training Materials
The report concludes with policy recommendations and training materials. The report recommends that Cambodian authorities enforce current laws, using the extensive domestic and international legal framework. Authorities should do so only after an education campaign, so the enforcement is fair to citizens. The report also proposed more education of soldiers, students, and adults to promote cultural preservation and knowledge. For soldiers, Documentation Center of Cambodia (DC-Cam)’s Cambodian military history program could be used. For students, the report suggests advocating for a national curriculum that includes times for local culture. For adults, the report simply proposed more education. Finally, the materials include multiple training materials that teachers can use with their students.

I. ANALYSIS/REVIEW
A. Methodology
The report used an extensive methodology to provide readers with a comprehensive understanding of cultural preservation, looting, and what that looks like on the ground. There was an extensive review of both historical background and legal context, leaving no stone unturned and setting the stage for a deeper understanding of what this looks like on the ground. The interviews included officials, civilians, and soldiers. This allowed for a breadth of perspective, and some people were granted anonymity to promote honesty. It is therefore highly likely that this is a realistic portrayal of the cultural preservation issues facing those communities. Although the methodology of this report produced reliable information, additional case studies in different parts of the country would confirm that these issues are indeed widespread and systemic, not the result of local quirks. The policy recommendations can be pursued without additional studies, but the additional information would make it easier to address national structural challenges.

B. Policy Recommendations and Training Materials
The report’s policy recommendations are generally comprehensive. If implemented, they would improve cultural preservation and bring Cambodia more in line with its international obligations. There are a few ways the recommendations could be improved. The report correctly recommends enforcing existing laws (after sufficient notice to citizens). It also identifies gaps in “sub-decrees” related to cultural heritage under Cambodian law but does not provide recommendations. These “sub-decree” gaps should be filled. The recommendations for youth education are strong and comprehensive. The training materials included give teachers a sense of direction in how to teach these issues to children. If these educational improvements are implemented nationwide, it would have a significant impact. The recommendations for adults are much sparser. The training materials could apply, but they are not geared towards adult education. It would be productive to develop some sort of adult curriculum that could be part of a national adult education campaign on cultural heritage and preservation. Although the report does not provide new training materials for soldiers, it references already existing material that can be used. These recommendations would improve soldiers’ understanding of their responsibilities under international law. The education campaign should also be expanded to include law enforcement, so they can enforce the existing law on books.

II. CONCLUSION
Ultimately, this report is an extensive examination of the state of cultural heritage preservation in Cambodia. Further research in other regions would confirm its finds, but implementing the recommendations would be a step in the right direction. Doing so would bring Cambodia more in line with its international obligations and make it easier for local authorities to enforce domestic law. Additionally, investing in and expanding education will enrich Cambodians’ understanding of their cultural heritage and rebuild knowledge and skills lost to the Khmer Rouge regime. This would be yet an important sign of resilience and the government should promote it.

End.

Photo by Pheng Pong-Rasy: Ta Moan Thom temple and Phnom Da temple, 2018.

Protecting Cambodia’s Heritage: An Exploration of International and Domestic Law
By Ben Evans and Devon Pawloski with Pheng Pong-Rasy, Orn Vannara, Seang Chenda, and Sopheak Pheana
DC-Cam Research Team, 2018-2020.