PROPOSAL
Respectfully
Submitted to the United Nations
General Assembly
On
DECOLONIZATION
Of
Kampuchea-Krom – Former
French Cochin China - the Homeland of Khmer Krom Peoples and the Territorial
Integrity and Sovereignty of the Kingdom of Cambodia
(Southern
Vietnam)
The UN GA Declaration
1514(XV) of 14 December 1960 regarding the Granting of Independence to Colonial
Countries and Peoples:
“4. All armed action or repressive
measures of all kinds directed against dependent peoples shall cease in order
to enable them to exercise peacefully and freely their right to complete
independence and the integrity of their national territory shall be
respected. 5. Immediate steps shall be
taken, in Trust and Non-Self-Governing Territories or all other territories which
have not yet attained independence, to transfer all powers to the peoples of
those territories, without any conditions or reservations, in accordance with
their freely expressed will and desire, without any distinction as to race,
creed or colour, in order to enable them to enjoy complete independence and
freedom. 7…and respect for the sovereign
rights of all peoples and their integrity.”
The 13 September 2007 UN GA
Declaration on the Rights of Indigenous Peoples:
“Article 3: Indigenous peoples have the
right to self-determination. By virtue
of that right they freely determine their political status and freely pursue
their economic, social and cultural development.”
The 2001-2010 Second
International Decade and its Plan of Action for the Eradication of Colonialism:
“IV. Area in which action is required of
the administering Powers as a matter of priority. 10.
Administering Powers should take the necessary measures to promote the
political, economic, social, cultural and educational advancement of the
peoples of the Non-Self-Governing Territories, thereby facilitating their
exercise of the right to self-determination, and should continue to provide the
United Nations with information in accordance with Article 73 e of the Charter
of the United Nations.”
H.E. Ban Ki-moon, UN Secretary-General’s Message to
the Special Committee of 24, New York, 27 February 2009:
“Secretary-General, citing ‘Unfinished
Business’, calls for renewed commitment to eradicate colonialism…… “under the
Charter, the administering Powers have a special obligation to bring the
territories under their administration to an appropriate level of
self-government”, hoping the administering Powers will work together with the
Special Committee and the peoples in the territories to find the appropriate
format and timing for the completion of decolonization in each territory.”
“You open this year’s session as we
approach the end of the Second International Decade for the Eradication of
Colonialism, which has provided a framework for the continued activities of the
Special Committee…., we need to accelerate our work to achieve concrete results
in the decolonization process. And we
need to bring our collective efforts to a successful conclusion. A successful, meaningful and productive
decolonization process cannot take place without close cooperation between the
administering Powers and the Territories.
I commend the Special Committee for recent efforts in that direction.”
H.E. Asha-Rose Migiro, Deputy
Secretary-General of the United Nations
addressed the Special
Committee of 24, New York, 22 February 2007:
“Pragmatic Steps Needed To Close
Colonial Chapter in Human Affairs”…………” to bring about a speedy, successful and
sustainable solution for the total eradication of colonialism.”
KKF’s guiding principles for
Khmer Krom’s peaceful struggle have been very consistent throughout
history. The indigenous Khmer Krom
peoples seek to achieve the following objectives:
“1) To take appropriate measures based
on the principles of non-violence to assure the rights of the Khmer Krom people
to fundamental freedoms, human dignity, and self-determination according to the
Charter of the United Nations. 2) To protect the culture, religions, traditions
and identity of the Khmer Krom people from assimilation’s forces. 3) To
advocate for the conservation of the hereditary natural resources of the Khmer
Krom people such as farmland and forest in the face of illegal and deceitful
deprivation. 4) To promote social, economic and intellectual development of the
Khmer Krom people who live in their homeland and abroad. 5) To develop peace,
harmony, respect, understanding and cooperation between the Khmer Krom people
and others, including the Vietnamese people.”
Questions and Answers at The
Hague Symposium on the Right to Self-Determination in International Law
regarding “Independence” of
Kampuchea-Krom Territory pursuant to the UN GA resolution 1541(XV) of 15
December 1960 (3rd option for the form of self-determination), The
Hague, the Netherlands, 29 September – 01 October, 2006:
Concerning the 3rd
option(independence), Mr. Johan Mikkel Sara, the international panel expert
replied: “1) Organize yourself 2) Get recognized as
Peoples 3) Dialogue(s) with the
administering Power to be accepted as Peoples, and 4) The indigenous peoples are peoples who were living in the territory before the establishment of the State.”
Oral statement by Mr. Rodolfo
Stavenhagen, Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people, New York, 18 May 2007:
“In order to defend their rights and to
express their needs, indigenous peoples have resorted to different forms of
social organization and mobilization, which are often the only way for their
demands to be heard. However, all too
often, social protests are criminalized, leading to new and sometimes gross
violations of human rights. I have
documented various cases in my reports to the Human Rights Council, including
extrajudicial execution, forced disappearances, torture, arbitrary detentions,
threats and harassment. Many of these
incidents take place in the framework of the struggle led by indigenous peoples
and communities to defend their ancestral territories and natural resources.”
Mr. To Kim Thong, KKF’s
Chairman: The Journey to Self-Determination of the Khmers Kampuchea-Krom from
Vietnam’s colony has hope (12-13 December 2009, San Jose, CA:
“KKF’s vision about the right to
self-determination we pursue is “Sovereignty”.
Ordinarily speaking is: Khmer Krom shall have freedom and shall govern
themselves without compulsion, order or oppression from Vietnam.”
Mr. Thach Ngoc Thach, KKF Executive President,
4 July 2006:
“We, Khmer Krom, want freedom and that freedom is
free from Yuon (Vietnam) and all of us know that is independence.”
UNPO’s letter dated 2
September 2003 to H.E. Phan Van Khai, Prime Minister of the Socialist Republic
of Vietnam:
“Therefore, on behalf of the Khmer-Krom
people and the Khmers Kampuchea-Krom Federation, UNPO would like to appeal to
the government of the Socialist Republic of Vietnam to consider the following
requests:
1.
De-colonize Kampuchea-Krom, Motherland of the Khmer-Krom people, composed
of 68,600 squared kilometers, forming the southernmost part of present Vietnam.
2.
Place the Kampuchea-Krom territory under the United Nations’ control in
accordance with the Charter of the United Nations, Chapter XI, Chapter XII, and
Chapter XIII, in order to create a free and fair political environment allowing
the Khmer Krom people to exercise their right to self-determination.”
UNPO’s document distributed
at The Hague International Symposium on the Right To Self-Determination in
International Law of the Indigenous Khmer Krom Peoples of the Mekong Delta
region or Cochinchine Française or southern Vietnam:
“The international community, its
members and institutions have an obligation to act where international law,
including human rights and especially the right to self-determination is
violated. The time to act is always now,
not when a conflict is “ripe” for resolution, as some would have it.”
UNPO New Common Vision
(European Parliament, Brussels, Belgium: 16 – 17 May 2008) to profoundly
restructure the Preamble of its Covenant, the political driving force of the
Organization:
“Whereas the right to self-determination
is enshrined in the United Nations Charter, the International Covenants on
Civil and Political Rights, the International Covenant on Economic, Social, and
Cultural Rights, and the UN Declaration on the Rights of Indigenous Peoples,
its implementation should be based on its broadest and most comprehensive understanding;
including autonomy, devolution, and power-sharing, and federalism in all its
forms, rejecting thereby a narrow focus and charges of
secessionism;”
H.E. Son Sann, Dean of the
Members of the National Assembly, Phnom Penh, 27 February 1994:
The cession of Cochin China
to Emperor Bao-Dai:
“In 1863 His Majesty King Norodom, King
of Cambodia, requested France to protect our country against our neighbors’
encroachments. France established the
Protectorate of Cambodia, but made our territory of Kampuchea-Krom its colony
of Cochin China. In 1949, without
consulting Cambodia, the MRP Government of France of Mr. Costes-Floret decided
to cede Cochin China to Emperor Bao-Dai, in the hopes that this cession would
preserve French essential privileges in Indochina. It should be noted that Empress Nam Phuong,
like the MRP, was a catholic. Under the
orders of His Majesty King Norodom Sihanouk, a delegation (composed of Their
Excellencies Chhean Vam, Thonn Ouk, Son Voeunsai and myself) was sent to France
in order to protest against that cession, and to follow the debates over it….
Our Buddhist monks as well as our
compatriots of Kampuchea Krom are subjected to inhuman treatment. Even our monks are defrocked, thrown to jail
or otherwise killed, if they are seen as too much attached to the motherland,
to the defense of the Khmer soul, of our tradition, of our patriotism. Khmer Krom’s Association can give the details
of this inhuman treatment.”
Norodom Sihanouk: Monthly Bulletin Document. Beijing: 17 March 2005:
(Unofficial translation)
“France was a third thief who
stole the chestnut seed “Cochinchine” that was being burned on fire.”………..
My opinion: Beginning with the non-argued historic events
at the time that France put her feet on Kampuchea-Krom, only a very small part
of Kampuchea-Krom was invaded by the Annamites or Vietnamese (from the Annam’s
kingdom); our country (Cambodia), our nation and our peoples have the right and
obligation to punish French Republic on the grounds of gross violations and
injustices that, when stopped colonizing Kampuchea-Krom, must return it to
Cambodia at least 50%.”
Signed:
Norodom Sihanouk.
H.E. KONG Korm, President of
the 7th Commission of the Senate of the Kingdom of Cambodia:
Letter to Mr. Christian
PONCELET, President of the Senate of the French Republic, 26 October 2007:
“I would like to take this opportunity
to call from your high benevolence the favor to revise the Law No. 49-733 of
June 4th , 1949 modifying the status of Cochin China in the French
Union ( done in Toulon, on June 4th, 1949) signed by Vincent AURIOL,
1st President of the IVth Republic, in particular the article 3: in case of the change of the Vietnam Status,
the Status of Cochin China will be the object of a new consideration of the
Assemblies foreseen in the article 75 of the Constitution (Title VIII of the
French Union) etc…
……since the promulgation of the Law No.
49-733 of June 4th, 1949, the territory and the population of Khmer
origin of Kampuchea Krom, in particular their culture, their language, their
religion, their customs and traditions, their ancestral rights are threatened
and destroyed bit by bit. The policy of
vietnamization of the territory and the Cambodian population of Kampuchea Krom
and the pursuit of aggression of the territory of Cambodia remaining, led by
the Vietnamese government as showed in the attempt of annexation of Cambodia of
January 7th, 1979, would constitute as a danger of disappearance of
Cambodia if there was no agreement of Paris of October 23rd 1991,…”
H.E. Abdul G. Koroma, ICJ’s
Judge at The Hague Symposium on “The Right to Self-Determination in
International Law”, 29 September – 01 October 2006:
“Kampuchea Krom is like a stolen car but its title is still in the
hands of the owner. The owner needs to
legally claim it before it’ll become junk.” (Paraphrased words)
*** General Nguyen Cao Ky,
ex-Vice President of South Vietnam, said during the war time period led jointly by
prince Norodom Sihanouk, ex-Chief of State of Cambodia and Pol Pot, the
notorious Khmer Rouge leader against the Khmer Republic of Marshall Lon Nol:***
*** “Hanoi (North Vietnam) was right of fighting the Khmer for weakening them and putting them
under Hanoi’s control. Whereas we, (South Vietnam) who came to help
the Khmer were also right because we can easily
kill the Khmer by accusing them of joining the Vietcong; that’s good enough.” ***
***A six-hours meeting between hundred of ex-high
ranking officials of the Nguyen Van Thieu’s Government on 7 March 2004 in Santa
Ana, California, USA:***
*** Ex-Admiral Quang Ngoc Try said, “We,
the Free Vietnamese, have neither right, nor ability to annex the Khmer country.
Thus, only the Communists will be able to fulfill this hope in the
future.” We must be patient, not to move
for a moment. Cambodia is very important
for Vietnam in the future. Hanoi can
kill Hun Sen at any hour and Hun Sen knows he is followed night and day by the
Vietnamese agents. Hanoi has the
following plan: in 10 millions Khmer, we must insert at least 5 to 8 millions
of Vietnamese.”
(Original text in Cambodian
by Ly Diep, March 14, 2004 – Unofficial translation in English by Marith
Chhang)***
***Public Statement by Hanoi’s
Government’s high ranking official during Vietnam’s military occupation of
Cambodia from 7 January 1979 onward: ***
***“The situation in Cambodia is irreversible.”***
Raphael Lemkin, 1944, p.79:
“Generally speaking, genocide does not necessarily mean the immediate
destruction of a nation, except when
accomplished by mass killings. It is intended rather to signify a coordinated plan of different actions aimed at the destruction of the essential
foundations of the life of national groups, with the aim of annihilating the
groups themselves. The objectives of
such a plan would be disintegration of political
and social institutions—of culture, language, national feelings, religion and the
economic existence of national groups,
and the destruction of personal security, liberty, health,
dignity, and even the lives of the individuals belonging to such groups. Genocide is
directed at the national group as an entity, and the actions involved are directed at individuals, not in their individual capacity, but as
members of the national
group.”
Definition of cultural genocide in the original draft of the
1948 Convention on the Prevention and Punishment of the Crime of Genocide based on
the work of Lemkin:
“Destroying the specific characteristics of
the group by:
·
forcible transfer of children to another human group; or
·
(b) forced and systematic exile of individuals representing the culture
of a group; or
·
(c) prohibition of the use of the national language even in private
intercourse; or
·
(d) systematic destruction of books printed in the national language or
of religious works or prohibition of new publications; or
·
(e) systematic destruction of historical or religious monuments or their
diversion to alien uses, destruction or dispersion of documents and objects of
historical, artistic, or religious value and objects used in religious
worship.”
Definition of crime against humanity by Benjamin Ferencz, former
Nuremberg Prosecutor, 9/19/01:
“What has happened here [on 9-11] is not
war in its traditional sense. This is
clearly a crime against humanity. War
crimes are crimes which happen in war time.
There is confusion there. This is
a crime against humanity because it is deliberate and intentional killing of
large numbers of civilians for political or other purposes. That is not tolerable under the international
systems. And it should be prosecuted
pursuant to the existing laws…. We’re not re-writing any rules. We don’t have to re-write any rules. We have to apply the existing rules. To call them “terrorists” is also misleading
term. There’s no agreement on what
terrorism is. One man’s terrorism is
another man’s heroism.
… We try them for mass murder. That’s a crime under every jurisdiction and
that’s what’s happened here and that is a crime against humanity.”
Definition of crimes against humanity in Article 6(c) of the
Agreement developed by the United States and other Allies in 1945 for the
Prosecution and Punishment of the Major War Criminals of the European Axis and
Charter of the International Military Tribunal(MIT), sitting at Nuremberg:
“Crimes against
humanity: murder, extermination, enslavement, deportation, and other
inhumane acts committed against civilian populations, before or during the war;
or persecutions on political, racial or religious grounds in execution of or in
connection with any crimes within the jurisdiction of the Tribunal, whether or
not in violation of the domestic law of the country where perpetrated.”
Mr. Cherif Bassiouni, “In
fact there are eleven international texts defining crimes against humanity, but they all differ
slightly as to their definition of that crime and its legal elements.
However, what all of these definitions have in common is:
“(1) they refer to specific acts of
violence against persons irrespective of whether the person is a national or non-national and
irrespective of whether these acts are committed in time of war or time of
peace, and (2) these acts must be the product of persecution against an identifiable
group of persons irrespective of the make-up of that group or the purpose of
the persecution. Such a policycan
also be manifested by the “widespread or systematic” conduct of the
perpetrators, which results in the commission of the specific crimes contained
in the definition.”
Tag :
PROPOSAL
