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Along with Cambodian parlamentarians, representatives from six different South East Asian countries (China, Indonesia, Laos, Malaysia, the Phillippines, and Vietnam) participated in the conference.

Mrs. Rabea Brauer, country representative of the KAS office in Phnom Penh, had been invited to report about the foundation's projects on institutional reform with particular reference to fighting against corruption. KAS dedicates its work on decentralization and administrative reform to promote good governance, more transparency, and enhanced participation of the citizens. Mrs. Brauer honored the efforts made by the Cambodian government so far, such as the passing of the Organic Law, while calling for the increase of salaries of government staff and the institutionalization of checks and balances as a means of fighting corruption efficiently. In this regard, parliamentarians play an important role as they review and enact the laws drafted by the government. Reforms in the judicial and legal sector remain one of Cambodia's major policy challenges as it has an impact on all major policy areas.

Claus Peter Hill, Director of the KAS Rule of Law Programme in South East Asia, gave a lecture on the role of the international community to promote conflict resolution and reconciliation, briefly introducing the work of the International Criminal Court established in 2002.

Dr. Jörg Menzel from the Center for International Migration and Development (CIM), Senior Legal Advisor to the Cambodian Senate, spoke about the role of criminal prosecution in dealing with the legacies of a nation's past and the evolution of an international criminal law from World War II until present.

Participants affirmed that while great strides had been made in the last decade to bring peace and stability, areas of violent conflict and tension remained. National action and regional cooperation and, where needed, assistance from the international community were critical to finding long-lasting solutions to these challenges. Participants stressed that parliamentarians had a great responsibility to prepare their constituents for the road to peace, which inevitably required compromises and sacrifices. They should have a crucial say in devising the new post-conflict legal and institutional framework. There was a need for state institutions, including Parliament itself, to be continuously nurtured, including long after conflict settlement, to make them more effective and for parliamentarians to work together, in an atmosphere of mutual respect and trust in which decisions are taken by the majority while taking into account the views of the minority.

While violent conflicts may vary from country to country, their causes are often related to ethnic division, discrimination and exclusion, social and economic inequalities and poor governance.

An effective parliament which is fully representative of all components of society and offers a national platform for a free and open exchange of views is essential to resolving these conflicts. Thanks to their direct contact with constituents, members of parliament, men and women, are ideally placed to initiate, lead and help implement the conclusions of a national debate on peace and reconciliation, and act as role models in promoting the values of tolerance and advocating the resolution of conflict through peaceful means. Moreover, an effective parliament itself is a clear sign to the people that there is reason to place one's trust in the country's public institutions.

Post-conflict countries have to grapple with a number of challenges. They all face the inevitable temptation of "swift justice", choosing justice and keeping the peace over justice and preserving democracy, in response to the legacy of large-scale human rights abuses which often characterize violent conflict. Nevertheless, experience has shown that success is most likely where governments – in spite of risks and against all odds – have attempted to deal with serious mistakes and abuses by holding those responsible accountable and by seeking to render a public account of what exactly happened through the establishment of truth and reconciliation commissions.

The pursuit of truth and justice, along with others challenges, are not unique to post-conflict situations. In fact, authorities faced with strong tensions within their societies or with internal strife frequently come up against the same moral, social, economic and political challenges as post-conflict countries. Often long-tem calm and confidence require the necessary reforms to strengthen state institutions, including Parliament and the Judiciary, putting in place mechanisms, such as the decentralization of state powers, to bring governance structures and responsibilities closer to the people and to promote equal and fair opportunities for all sectors of society.

The seminar in Cambodia aims to strengthen the ability of parliaments in South-East Asia to address these challenges. It offers an opportunity for an exchange of views and for a better understanding of the fields of conflict resolution, reconciliation and transitional justice reform among participating parliamentarians.

Sources:

http://www.ipu.org/news-e/latest.htm

http://www.ipu.org/splz-e/phnompenh09/work.pdf