Cambodia: Towards Justice as Fairness?
A Case Concerning Theory of Justice by John Rawls.
By Sar Sarn*
15 August 2011
Political theorists John Rawl, is one of the sources of theories in understanding the meaning of justice as applied in supposedly any given society, In contemporary times, it is how it is applied to any political system of a certain nation. While John Rawl is inspired by his predecessor thinkers like David Hume, Immanuel Kant, Thomas Hobbes, John Locke, and Jean-Jacques Rousseau; Rawl argues the notion of justice from an original position. The original position according to Rawl is that: no one knows his place in society, his class position or social status, nor does anyone know his fortune in the distribution of natural assets and abilities, his intelligence, strength, and the like. I shall even assume that the parties do not know their conceptions of the good or their special psychological propensities. The principles of justice are chosen behind a veil of ignorance”. Under this perspective, there are basically two principles that underline this position:
“...each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others” and 2) Social and economic inequalities are to be arranged so that: a) they are to be of the greatest benefit to the least-advantaged members of society and b) offices and positions must be open to everyone under conditions of fair equality of opportunity” (Rawls, 1971, p.303)
When interpreting this theory, Rawl is explaining from a hypothetical perspective and does not take into account history or historical development. It is to understand Rawl’s theory better without examining a phenomenon that changes over time. But contemporary social scientists have helped codified the different theories of the social thinkers, including Rawl in applying the theory but taking much consideration in the historical development of our modern human civilisation. However, social theories are subject to open interpretations from different political perspectives and Cambodia may have interpreted it to the extreme that it led to the extermination of some of its people. In a sense, it is a utopian interpretation working at its worst time in Cambodia (1975-1979).
Principle number one which John Rawl says that each person has equal rights have been interpreted as such BUT only if you are a “true Khmer” by blood and ideology that is loyal only to the Angkar. Subsequently, all true Khmers as defined by the Khmer Rouge (KR) regime are entitled to equal work and equal benefits. Hence, all personal properties, talents and capabilities have to be on the same level.
And the best way to apply this principle according to the KR regime is to guarantee that only the peasants are destined to be the true representative of the population that can exemplify this interpretation. The KR regime was of course proven to be a regime of madness and committed a crime against humanity, genocide and war; these kinds of crimes have no statute of limitation according to the international courts. The KR regime saw a very bad situation during 3 years 8 months and 20 days of total deprivation of their basic liberties, social and economic rights. The most vulnerable and least advantage people – the peasants - did not see the realisation of their equal social and economic rights during the KR regime rather a significant number of peasants were even sent to the killing fields.
Unfortunately too, the basic liberties of the least advantage people of the society are seems still not guaranteed in the practice. Of course, since 1993 the basic rights of each Khmer citizens are recognized and respect by the current Constitution, especially weak minority with special status of protection in which the government is obligate to do so.
On the other hand, in my personal observation, the Cambodian citizens are seem not free to express their own opinions against the government policies. For an example, the case of Boeng Kak Lake, most of those ordinary people who are living around that area are vulnerable by Land Developer. Some of those people owned and lived there in 1979. Those people have rights to claim their land title if it bases Land Law 2001, but it has not happened and the people forced to move out without a fair compensation. Development on that area is not bad, but if it leaves the people having suffer from it. According to Rawls’s theory of justice, the government policy should be fair between the developers and residential citizens who are getting deeply suffered. It should not let the few OKNAR elites continue to control the economic resources of the country; otherwise the poorest of the populations are enduring the long standing problem of survival, due to a few highest social class patronage remain unshaken. Without respect basic rights mostly the property rights as well as the right to equal access to economic resources, the citizens are not free from poverty and tyranny.
John Rawl theories are expressed in international human rights and humanitarian law. The United Nations has adopted international covenants, which the Royal Government of Cambodia (RCG) is duty bound to comply. The RCG has signed and ratified the major international laws which has been bound the RCG to enact specific legislation to harmonise its international commitments and obligations to ensure basic freedom and equal economic, social and cultural rights of Cambodian people. These international laws obligate the RCG to ensure that Cambodian people enjoy these rights in full and without discrimination.
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