The Editor,
"You are not leaving us...are you?" I was asked this question repeatedly
by eyes filled with fear and anxiety.
When the shelling started on July 5, I was in the Phnom Penh office of the Legal
Aid of Cambodia (LAC) making preparations for the annual board meeting. At midmorning,
there were reports of intense fighting by the airport. By early afternoon, it was
clear that the fighting had spread to the city. As troops filed past the gates brandishing
shiny new automatic weapons and two armored personnel carriers took position on the
street 50 yards from the office, I was filled with alternating feelings of anger
and sadness: anger over the absence of any real leadership in the country or a vision
for its future, and sadness over the fate of the long-suffering Cambodian people.
Sunday, July 6 was the day of heaviest fighting, with sounds of rockets and small
arms fired in the air. From my hotel roof, pillars of smoke could be seen rising
from various locations around the capital. In the midst of all this chaos and destruction,
I contemplated what if anything could be salvaged from my legal work in Cambodia.
What would happen to Legal Aid of Cambodia, a Khmer NGO providing legal representation
to Cambodia's poor? What would happen to the numerous projects underway at the University
of Michigan Law School's Program for Cambodian Law & Development, which had undertaken
substantial work preparing a draft national election law and was planning a November
conference on child protection issues?
The correct course of action became clear. A consensus decision was made by the LAC
Board and Management that the organization's effort to build a rule of law in Cambodia
was more important now than ever. In carrying out this mandate, LAC adopted an aggressive
policy to keep each of its eight provincial offices open and to continue operations
- visiting our clients in prison and representing defendants in court. LAC was and
would remain open for business. At this moment of crisis, the last thing in the world
we could afford to do was to question our own right to exist. By the same token,
it was clear that the work of Michigan's Program for Cambodian Law & and Development
had a continuing role to play. The need for legal assistance on questions of child
abuse and neglect, land tenure, the environment and democratization remained, as
did the need to continue training a cadre of legal professionals who could provide
real leadership skills for the future and who could help lay the foundation for an
authentic democracy.
Fortunately, LAC and the Program for Cambodian Law & Development have an advantage
that many other aid programs do not - neither project is the recipient of any USAID
funds. LAC is funded by the Dutch international development agency, NOVIB, and the
Program for Cambodian Law & Development is a free-standing initiative of Michigan
Law School.
While LAC's efforts were underway to fortify operations and continue service to Cambodia's
poor and imprisoned, other aid programs were busy shutting down their operations
and preparing for the evacuation of all US personnel. The order had come not from
Hun Sen or the Cambodian People's Party, but rather from Washington. All USAID programs
($40 million worth of projects) were suspended for 30 days and all non-Cambodian
staff were required to leave the country by July 20. Officially, the suspension of
aid is temporary and a decision is being made by USAID concerning which programs
will continue. "Humanitarian" aid will likely be spared. It is unclear
whether legal aid, legal education and other law and democracy initiatives will be
saved. Some congressional quarters favor a categorical termination of all Cambodian
aid programs.
Ending foreign aid and assistance to the Cambodian people is the exact wrong stance
to take. There is a legitimate need to protest Hun Sen's raw seizure of power. Moreover,
political and economic pressure should be exerted to return Cambodia to a path of
peace and democracy. The issue is not one of ends, but one of means. A policy curtailing
aid is the wrong means because it hurts the most vulnerable of Cambodia's population
- war widows, street children, political prisoners - not people who can influence
policy or politics. Moreover, the various USAID rule of law projects underway, such
as the Cambodian Defenders Project run by the International Human Rights Law Group,
the legal education programs run by the University of San Francisco Law School and
the American Bar Association's assistance to the Cambodian Bar Council, are essential
if Cambodia is going to cultivate an environment where real democracy can ultimately
take root.
In the 1960s and early 1970s, US military experts mastered an Orwellian logic capable
of justifying the destruction of a village in a misguided effort to save it. The
folly of this reasoning is obvious in the military context. Unfortunately, the same
tragic error will be repeated if humanitarian and legal assistance is suspended in
the name of saving democracy in Cambodia. Curtailing these programs will have the
first order effect of hurting vulnerable constituents and undermining the creation
of the very institutions required to establish meaningful democracy rule.
At some level "the policy" must come face-to-face with the "the personal".
Well-intentioned decisions based on defensible principles can adversely affect identifiable
individuals. As policy decisions are being made by USAID officials and members of
Congress, I wish they could look into the eyes of the Cambodian people and be faced
with the same question that was repeatedly put to me. "You are not leaving us...are
you?"
- Peter J. Hammer, President of the Board of Directors, Legal Aid of Cambodia.
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