TY - JOUR
AU - Hughes, Rachel
AB - Abstract There has been increasing use of project-based organization in various areas of human rights practice, including within truth and justice-seeking in the wake of mass atrocities. This article traces the development and deployment of project-based approaches to judicial reparation at the Extraordinary Chambers in the Courts of Cambodia (ECCC), an internationalized (hybrid) criminal tribunal. Drawing on the authors’ many years of close observation in and around the ECCC, it describes and explains how a project-based approach responded to the challenge of ‘moral and collective’ reparation for victims of mass crimes committed by the Khmer Rouge (1975–1979). The article critically examines how development actors nominated, designed and ‘delivered’ so-called ‘reparation projects’. Twenty-four projects were ultimately recognized by the ECCC; key details of these are succinctly tabulated here for the benefit of readers. The article discusses the effects of the projectification of ECCC reparation, including new practices, changed relationships and changed meanings of reparation. It finds that in Cambodia—a state that has experienced decades of international development assistance resulting in the entrenchment of project forms across different fields—the mobilization of new actors and resources has expanded the possibilities for ECCC reparation and provided some benefits to those victims involved. However, a project-based approach also reshaped decision-making and accountability structures underpinning reparation work. The article argues that using ‘projectification’ as an analytical lens expands our capacity to understand how, and with what consequences, global notions of reparation and justice are enacted in different contexts through the coordination and implementation of projects. 1. Introduction Projects have become a central feature of the organization of societies and economies across multiple scales (Jensen et al. 2016). As ‘organizational forms chartered to advance well-defined objectives over a specific time period’ (Lundin and Söderholm, adapted by Munck af Rosenschöld and Wolf 2017: 273), projects are usually associated with decentralized and multilevel governance as distinct from longer-term, more centralized forms of organization. Human rights as a ‘global project’ will be a characterization especially familiar to readers of this journal, even as anxiety and pessimism now attends and arguably eclipses such characterization (Sharp 2019). ‘Projectification’ has become an analytical term used to describe and explain the trend to organize and manage ever more activities through projects (Cerne and Jansson 2019). This trend is embedded in an increasing reliance on market-based instruments in various areas of governance, including international development assistance. Projectification has largely been considered as a way to enhance efficiency, innovation and responsiveness to local contexts in contrast to state-centric and central government programmes and other organizational forms, but has more recently been critically appraised as a form of colonizing logic and power produced by and allied to market-based modes of operation (Cicmil and O’Laocha 2016: 548). In the same critical vein, it has also been argued that projects and projectification can create unanticipated outcomes that vary across space and in time (Li 2016). In this article, we examine the increasing use of project-based organization within truth and justice-seeking processes in the wake of mass atrocities and, more specifically, in reparation schemes associated with judicial truth and justice-seeking. In doing so, we show the necessity of theoretical and empirical engagement with project forms in advancing a critical understanding of the practice of reparation. The socio-legal, reparation and transitional justice literatures have not explicitly engaged with the growing use of project forms for reparation nor with the implications of this for how justice is conceived, practised and experienced. What happens to justice and reparation initiatives when they materialize in the world through projects? We argue that using ‘projectification’ as an analytical lens expands our capacity to understand how, and with what consequences, global notions of reparation and justice are enacted in different contexts through the coordination and implementation of projects. Using the collective reparation scheme at the Extraordinary Chambers in the Courts of Cambodia (ECCC) as a case study, we show how the confluence of project-based organization, international development assistance and international criminal justice processes has shaped recent reparative efforts and relations. Our findings are based on our long-standing research at and around the ECCC in Cambodia, including ethnographic fieldwork and interviews. While the use of projects has long been part of ‘transitional justice’ practice in various settings worldwide, we here consider the projectification of judicial reparations as a relatively new phenomenon and argue that the actual and potential consequences of this phenomenon are yet to be sufficiently acknowledged in scholarly research. 2. Projectified reparations at the Extraordinary Chambers in the Courts of Cambodia Reparation has become one of the most important conceptual formulations of a more victim-oriented approach to delivering justice in the aftermath of mass atrocities. In 2005, the UN General Assembly proclaimed a ‘right to reparation’ for victims of mass abuses (UN General Assembly 2005: para. 11). These developments also had an impact on international criminal justice and its institutions. The International Criminal Court (ICC) was the first international criminal tribunal to which victims could submit claims for reparations (Rome Statute of the International Criminal Court: Article 75). Some hybrid courts have subsequently included provisions for reparation. It is only in the last few years, however, that the first practice has emerged from these courts. Notable among such courts is the hybrid Extraordinary Chambers in the Courts of Cambodia, a Cambodian court with United Nations support, established by agreement between the two parties in 2003. Reparations associated with domestic criminal proceedings usually rely on a direct transaction between the convicted person and his or her individual victims. As such, monetary compensation and the restitution of unlawfully acquired property remain the two most prominent forms of reparation in domestic proceedings. In the context of mass atrocities and mass victimization, however, individual reparation, especially monetary compensation, has often been considered inappropriate and unfeasible. Collective reparations have increasingly been regarded as a solution to the conundrum of how to nonetheless meet expectations for redress and repair in such contexts (Rosenfeld 2010; Tapia Navarro 2018). Many scholars argue that the nature and gravity of international crimes, in which entire communities are targeted and victims and perpetrators are less easily considered as exclusive identities, renders inappropriate any approach that relies solely on individual reparations (see Roht-Arriaza 2004). Yet the meaning and legal status of collective reparations remains ambiguous, and no universally recognized definition exists under international law. When states negotiated the ICC Statute they expanded the notion of reparation to include more collective forms, especially rehabilitation and ‘other appropriate forms of reparations’ (Sperfeldt 2017). Collective reparations involve a more indirect form of delivery, whereby the ICC, court-affiliated entities, such as the Trust Fund for Victims (TFV), and non-state actors play an active role in shaping and ‘delivering’ reparations, for example, by turning monetary awards or other financial contributions into collective measures. Collective reparation awards have since become the main entry point for the projectification of reparation at the ICC, whereby awards are turned into projects that are delivered to their beneficiaries through a range of intermediaries. With a similar rationale in mind, ECCC judges excluded individual monetary reparation measures from the permissible forms of reparation for participating victims, known as ‘civil parties’ (Sperfeldt 2012). Their drafting of the ECCC Internal Rules, in 2007, limited reparation to ‘moral and collective’ measures. A more practical concern related to the fact that the reparations scheme remained bound to the assets of convicted persons.1 After the defendant in Case 001 was declared indigent, judges granted very little in the way of tangible reparation. They awarded only two reparation measures, namely a compilation of statements of apology and remorse made by the defendant, and an inclusion of court-recognized victims’ names in the verdict. After this difficult and controversial experience, ECCC judges significantly amended their legal framework to provide alternative avenues for reparations through and beyond the judicial process. The main goal of the judges was to establish a mechanism that would allow for external financing of reparations, effectively severing the award from the liability of the defendant.2 In doing so, the judges adopted provisions that expanded the mandate of the ECCC Victims Support Section (VSS) to seek donor funding and collaborate with external actors, while closely liaising with the newly created Civil Party Lead Co-Lawyers Section (CPLCLS), who represent civil parties before the ECCC. The judges could then recognize a specific ‘project’ as giving effect to the award sought by the civil parties. The notion of ‘project’ was so much taken for granted that the word ‘project’ appeared in the amended ECCC Internal Rules without definition or clarification.3 The rules change ushered in a whole new modality: the projectification of reparation in the form of externally financed ‘reparation projects’, and the entire debate on reparation at the ECCC became henceforth dominated by talk about ‘projects’. In Case 002, the ECCC judges ultimately recognized two dozen such reparation projects in two separate judgments, in 2014 and 2018, relating to the two sub-trials of that case: 11 projects in Case 002/01 and 13 projects in Case 002/02 (see Table 1 compiled by the authors).4 Table 1. ECCC reparation projects in Cases 002/01 and 002/02 Case 002/01 . . Name of project . Project partners . Donor/other support . Description . 1 National Remembrance Day Royal Government of Cambodia (RGC) RGC An official, government recognized National Remembrance Day [20 May] honouring victims of the Democratic Kampuchea era, both living and deceased, and acknowledging the crimes of the Khmer Rouge regime. 2 Memorial in Phnom Penh to Honour Victims of Forced Evacuations Séra ING, Embassy of France, ANVAYA Association, OUBA SAS, and ACYC SARL Architectes Government of France; ANVAYA Association; OUBA SAS; ACYC SARL Architectes; French Members of Parliament A sculpture to be erected in Phnom Penh to depict the exodus of the Cambodian people from urban areas during the Khmer Rouge regime (forced transfer of populations). 3 Testimonial Therapy Transcultural Psychosocial Organization (TPO) German Federal Ministry for Economic Cooperation and Development (BMZ) with Stiftung Kriegstrauma Therapie and Commonwealth of Australia A culturally adapted treatment of psychological suffering resulting from Khmer Rouge era crimes through the recording of testimonies of traumatic experiences with the assistance of mental health workers. 4 Self-Help Groups TPO BMZ; Stiftung Kriegstrauma Therapie; Commonwealth of Australia Six local and professionally facilitated self-help groups (voluntary associations of people that meet to help themselves and each other increase their level of well-being, develop coping skills and overcome traumatic suffering). 5 Permanent Exhibition on Forced Transfer and Tuol Po Chrey Documentation Center of Cambodia (DC-Cam) BMZ Permanent exhibitions on forced transfer and the executions at Tuol Po Chrey established in Cambodian provincial museums. 6 Mobile Exhibition/Education Project: Exploring History and Transitional Justice Kdei Karuna (KdK) and Youth for Peace (YfP) BMZ Multimedia exhibitions and educational initiatives to inform survivors and post-war generations of Cambodians about crimes committed during the Khmer Rouge era. 7 Chapter on Forced Population Movement and Executions at Tuol Po Chrey DC-Cam (with Ministry of Education) German Development Cooperation (GIZ GmbH) Teacher’s manual chapter on forced population movement and executions at Tuol Po Chrey (based on the testimony of civil parties and witnesses in Case 002/01) to assist the teaching of Democratic Kampuchea history in Cambodian secondary schools. 8 Community Peace Learning Centre YfP Swiss Agency for Development and Cooperation (SDC) Community peace learning centre (information centre and library) at Samraong Khnong, Battambang Province, for seminars and training on Khmer Rouge era crimes and the work of the ECCC. 9 Illustrated Civil Party Storybook Cambodian Human Rights Action Committee (CHRAC) GIZ Civil Peace Service (GIZ ZFD) A second edition of an illustrated book of the accounts of civil parties who experienced the range of crimes and topics addressed during Case 002/01. 10 Publication and Distribution of the Judgment in Case 002/01 ECCC Through ECCC outreach programme Publication and distribution of two Khmer-language editions of the Case 002/01 verdict, one being the entire judgment and the other a summary version. 11 Inclusion of Civil Party Names on the ECCC Website ECCC n/a Inclusion of civil parties’ names on the ECCC website as an additional means of recording their participation within the Case 002 trial. Case 002/01 . . Name of project . Project partners . Donor/other support . Description . 1 National Remembrance Day Royal Government of Cambodia (RGC) RGC An official, government recognized National Remembrance Day [20 May] honouring victims of the Democratic Kampuchea era, both living and deceased, and acknowledging the crimes of the Khmer Rouge regime. 2 Memorial in Phnom Penh to Honour Victims of Forced Evacuations Séra ING, Embassy of France, ANVAYA Association, OUBA SAS, and ACYC SARL Architectes Government of France; ANVAYA Association; OUBA SAS; ACYC SARL Architectes; French Members of Parliament A sculpture to be erected in Phnom Penh to depict the exodus of the Cambodian people from urban areas during the Khmer Rouge regime (forced transfer of populations). 3 Testimonial Therapy Transcultural Psychosocial Organization (TPO) German Federal Ministry for Economic Cooperation and Development (BMZ) with Stiftung Kriegstrauma Therapie and Commonwealth of Australia A culturally adapted treatment of psychological suffering resulting from Khmer Rouge era crimes through the recording of testimonies of traumatic experiences with the assistance of mental health workers. 4 Self-Help Groups TPO BMZ; Stiftung Kriegstrauma Therapie; Commonwealth of Australia Six local and professionally facilitated self-help groups (voluntary associations of people that meet to help themselves and each other increase their level of well-being, develop coping skills and overcome traumatic suffering). 5 Permanent Exhibition on Forced Transfer and Tuol Po Chrey Documentation Center of Cambodia (DC-Cam) BMZ Permanent exhibitions on forced transfer and the executions at Tuol Po Chrey established in Cambodian provincial museums. 6 Mobile Exhibition/Education Project: Exploring History and Transitional Justice Kdei Karuna (KdK) and Youth for Peace (YfP) BMZ Multimedia exhibitions and educational initiatives to inform survivors and post-war generations of Cambodians about crimes committed during the Khmer Rouge era. 7 Chapter on Forced Population Movement and Executions at Tuol Po Chrey DC-Cam (with Ministry of Education) German Development Cooperation (GIZ GmbH) Teacher’s manual chapter on forced population movement and executions at Tuol Po Chrey (based on the testimony of civil parties and witnesses in Case 002/01) to assist the teaching of Democratic Kampuchea history in Cambodian secondary schools. 8 Community Peace Learning Centre YfP Swiss Agency for Development and Cooperation (SDC) Community peace learning centre (information centre and library) at Samraong Khnong, Battambang Province, for seminars and training on Khmer Rouge era crimes and the work of the ECCC. 9 Illustrated Civil Party Storybook Cambodian Human Rights Action Committee (CHRAC) GIZ Civil Peace Service (GIZ ZFD) A second edition of an illustrated book of the accounts of civil parties who experienced the range of crimes and topics addressed during Case 002/01. 10 Publication and Distribution of the Judgment in Case 002/01 ECCC Through ECCC outreach programme Publication and distribution of two Khmer-language editions of the Case 002/01 verdict, one being the entire judgment and the other a summary version. 11 Inclusion of Civil Party Names on the ECCC Website ECCC n/a Inclusion of civil parties’ names on the ECCC website as an additional means of recording their participation within the Case 002 trial. Case 002/02 . . Name of project . Project partners . Donor/other support . Description . 1 App-Learning on Khmer Rouge History Bophana Audiovisual Resource Centre European Union (EU) through UN Office for Project Services (UNOPS); Rei Foundation (NZ); endorsed by the Ministry of Education, Youth and Sport (MEYS) Accurate and standardized information on Khmer Rouge history in an innovative multimedia application incorporating contemporaneous audiovisual materials and civil party accounts. 2 Khmer Rouge History Education through Teacher and University Lecturer Training and Workshops DC-Cam EU through UNOPS; approved by MEYS Two commune teacher-training events, one university lecturer-training and 15 classroom forums for students including a presentation, group activities and dialogue. 3 The Turtle Project: Innovative Cross Media Project Cambodian German Cultural Association (KDKG) and Khmer Action Arts Institut für Auslandsbeziehungen (IFA) of the German Federal Foreign Office; EU through UNOPS; supported by MEYS; approved by the Ministry of Culture and Fine Arts (MCFA) A theatre play and other multimedia cultural and educational activities with high school and university students nationwide, including photo exhibitions and intergenerational dialogue (with civil parties). 4 Community Media Project: the Cham People and the Khmer Rouge KDKG Embassy of Switzerland in Bangkok; Heinrich Böll Foundation Young photographers, film-makers and researchers from Cham communities develop personal stories of Cham civil parties into two films and a multimedia exhibition ‘The Cham People and the Khmer Rouge’. 5 Phka Sla Kraom Angkar Khmer Arts Academy with Kdei Karuna, Bophana Center and TPO SDC; BMZ through GIZ GmbH; United States Agency for International Development (USAID) A classical dance production and related exhibition addressing the regulation of marriage during the Democratic Kampuchea period. The project further incorporated public performances and community and intergenerational dialogue in order to promote public discussion and awareness. 6 Voices from Ethnic Minorities Kdei Karuna BMZ through GIZ ZFD; Embassy of Switzerland Mobile exhibitions, intergenerational dialogue, a graphic novel and forum theatre to document and present Cham and ethnic Vietnamese experiences during Democratic Kampuchea with opportunities for intergenerational dialogue. 7 The Unheard Stories of Case 002/02 Civil Parties CHRAC Heinrich Böll Foundation A second illustrated book of the accounts of civil parties, in this case of those who experienced the range of crimes and topics addressed during Case 002/02. 8 A Time to Remember Songwriting Contest 2016 Youth Resource Development Program (YRDP) BMZ through GIZ ZFD; supported by MCFA A songwriting contest and concert acknowledging the experiences of survivors by fostering intergenerational dialogue between civil parties and the younger generation in order to communicate the suffering of civil parties as a result of the crimes tried in Case 002/02. 9 Memory Sketches of Kraing Ta Chan YfP and Peace Institute of Cambodia (PIC) International Coalition of Sites of Conscience An exhibition of memory sketches of the Kraing Ta Chan security centre with university students in consultation with civil parties and a booklet on the making of the memory sketches. 10 Access to the Judicial Records of the Khmer Rouge Trials and Civil Party Materials at the Legal Documentation Center related to the ECCC (LDC-ECCC) RGC RGC and LDC–ECCC A repository of publicly available documents available free of charge related to ECCC proceedings and civil party participation. 11 Healing and Reconciliation for Survivors of the Khmer Rouge Regime TPO with Kdei Karuna USAID Mental health services and interventions using truth telling and reconciliation events. Capacity development for project staff and local facilitators in each ‘target community’. On-site and telephone counselling, self-help groups and testimonial therapy. 12 Legal and Civic Education for Minority Civil Parties Minority Rights Organization (MIRO) with civil party lawyers BMZ through GIZ ZFD A legal and civic education pilot project for ethnic Vietnamese minority civil parties (community consultations, outreach materials and community-based outreach and education workshops). 13 Improving Health and Mental Well-Being HelpAge Cambodia EU through UNOPS; and SDC Mobile health camps (for civil parties and other vulnerable older people in Cambodia) to provide basic primary health care and check-ups and to provide mental health education at the community level (NB: project only partially recognized). Case 002/02 . . Name of project . Project partners . Donor/other support . Description . 1 App-Learning on Khmer Rouge History Bophana Audiovisual Resource Centre European Union (EU) through UN Office for Project Services (UNOPS); Rei Foundation (NZ); endorsed by the Ministry of Education, Youth and Sport (MEYS) Accurate and standardized information on Khmer Rouge history in an innovative multimedia application incorporating contemporaneous audiovisual materials and civil party accounts. 2 Khmer Rouge History Education through Teacher and University Lecturer Training and Workshops DC-Cam EU through UNOPS; approved by MEYS Two commune teacher-training events, one university lecturer-training and 15 classroom forums for students including a presentation, group activities and dialogue. 3 The Turtle Project: Innovative Cross Media Project Cambodian German Cultural Association (KDKG) and Khmer Action Arts Institut für Auslandsbeziehungen (IFA) of the German Federal Foreign Office; EU through UNOPS; supported by MEYS; approved by the Ministry of Culture and Fine Arts (MCFA) A theatre play and other multimedia cultural and educational activities with high school and university students nationwide, including photo exhibitions and intergenerational dialogue (with civil parties). 4 Community Media Project: the Cham People and the Khmer Rouge KDKG Embassy of Switzerland in Bangkok; Heinrich Böll Foundation Young photographers, film-makers and researchers from Cham communities develop personal stories of Cham civil parties into two films and a multimedia exhibition ‘The Cham People and the Khmer Rouge’. 5 Phka Sla Kraom Angkar Khmer Arts Academy with Kdei Karuna, Bophana Center and TPO SDC; BMZ through GIZ GmbH; United States Agency for International Development (USAID) A classical dance production and related exhibition addressing the regulation of marriage during the Democratic Kampuchea period. The project further incorporated public performances and community and intergenerational dialogue in order to promote public discussion and awareness. 6 Voices from Ethnic Minorities Kdei Karuna BMZ through GIZ ZFD; Embassy of Switzerland Mobile exhibitions, intergenerational dialogue, a graphic novel and forum theatre to document and present Cham and ethnic Vietnamese experiences during Democratic Kampuchea with opportunities for intergenerational dialogue. 7 The Unheard Stories of Case 002/02 Civil Parties CHRAC Heinrich Böll Foundation A second illustrated book of the accounts of civil parties, in this case of those who experienced the range of crimes and topics addressed during Case 002/02. 8 A Time to Remember Songwriting Contest 2016 Youth Resource Development Program (YRDP) BMZ through GIZ ZFD; supported by MCFA A songwriting contest and concert acknowledging the experiences of survivors by fostering intergenerational dialogue between civil parties and the younger generation in order to communicate the suffering of civil parties as a result of the crimes tried in Case 002/02. 9 Memory Sketches of Kraing Ta Chan YfP and Peace Institute of Cambodia (PIC) International Coalition of Sites of Conscience An exhibition of memory sketches of the Kraing Ta Chan security centre with university students in consultation with civil parties and a booklet on the making of the memory sketches. 10 Access to the Judicial Records of the Khmer Rouge Trials and Civil Party Materials at the Legal Documentation Center related to the ECCC (LDC-ECCC) RGC RGC and LDC–ECCC A repository of publicly available documents available free of charge related to ECCC proceedings and civil party participation. 11 Healing and Reconciliation for Survivors of the Khmer Rouge Regime TPO with Kdei Karuna USAID Mental health services and interventions using truth telling and reconciliation events. Capacity development for project staff and local facilitators in each ‘target community’. On-site and telephone counselling, self-help groups and testimonial therapy. 12 Legal and Civic Education for Minority Civil Parties Minority Rights Organization (MIRO) with civil party lawyers BMZ through GIZ ZFD A legal and civic education pilot project for ethnic Vietnamese minority civil parties (community consultations, outreach materials and community-based outreach and education workshops). 13 Improving Health and Mental Well-Being HelpAge Cambodia EU through UNOPS; and SDC Mobile health camps (for civil parties and other vulnerable older people in Cambodia) to provide basic primary health care and check-ups and to provide mental health education at the community level (NB: project only partially recognized). Open in new tab Table 1. ECCC reparation projects in Cases 002/01 and 002/02 Case 002/01 . . Name of project . Project partners . Donor/other support . Description . 1 National Remembrance Day Royal Government of Cambodia (RGC) RGC An official, government recognized National Remembrance Day [20 May] honouring victims of the Democratic Kampuchea era, both living and deceased, and acknowledging the crimes of the Khmer Rouge regime. 2 Memorial in Phnom Penh to Honour Victims of Forced Evacuations Séra ING, Embassy of France, ANVAYA Association, OUBA SAS, and ACYC SARL Architectes Government of France; ANVAYA Association; OUBA SAS; ACYC SARL Architectes; French Members of Parliament A sculpture to be erected in Phnom Penh to depict the exodus of the Cambodian people from urban areas during the Khmer Rouge regime (forced transfer of populations). 3 Testimonial Therapy Transcultural Psychosocial Organization (TPO) German Federal Ministry for Economic Cooperation and Development (BMZ) with Stiftung Kriegstrauma Therapie and Commonwealth of Australia A culturally adapted treatment of psychological suffering resulting from Khmer Rouge era crimes through the recording of testimonies of traumatic experiences with the assistance of mental health workers. 4 Self-Help Groups TPO BMZ; Stiftung Kriegstrauma Therapie; Commonwealth of Australia Six local and professionally facilitated self-help groups (voluntary associations of people that meet to help themselves and each other increase their level of well-being, develop coping skills and overcome traumatic suffering). 5 Permanent Exhibition on Forced Transfer and Tuol Po Chrey Documentation Center of Cambodia (DC-Cam) BMZ Permanent exhibitions on forced transfer and the executions at Tuol Po Chrey established in Cambodian provincial museums. 6 Mobile Exhibition/Education Project: Exploring History and Transitional Justice Kdei Karuna (KdK) and Youth for Peace (YfP) BMZ Multimedia exhibitions and educational initiatives to inform survivors and post-war generations of Cambodians about crimes committed during the Khmer Rouge era. 7 Chapter on Forced Population Movement and Executions at Tuol Po Chrey DC-Cam (with Ministry of Education) German Development Cooperation (GIZ GmbH) Teacher’s manual chapter on forced population movement and executions at Tuol Po Chrey (based on the testimony of civil parties and witnesses in Case 002/01) to assist the teaching of Democratic Kampuchea history in Cambodian secondary schools. 8 Community Peace Learning Centre YfP Swiss Agency for Development and Cooperation (SDC) Community peace learning centre (information centre and library) at Samraong Khnong, Battambang Province, for seminars and training on Khmer Rouge era crimes and the work of the ECCC. 9 Illustrated Civil Party Storybook Cambodian Human Rights Action Committee (CHRAC) GIZ Civil Peace Service (GIZ ZFD) A second edition of an illustrated book of the accounts of civil parties who experienced the range of crimes and topics addressed during Case 002/01. 10 Publication and Distribution of the Judgment in Case 002/01 ECCC Through ECCC outreach programme Publication and distribution of two Khmer-language editions of the Case 002/01 verdict, one being the entire judgment and the other a summary version. 11 Inclusion of Civil Party Names on the ECCC Website ECCC n/a Inclusion of civil parties’ names on the ECCC website as an additional means of recording their participation within the Case 002 trial. Case 002/01 . . Name of project . Project partners . Donor/other support . Description . 1 National Remembrance Day Royal Government of Cambodia (RGC) RGC An official, government recognized National Remembrance Day [20 May] honouring victims of the Democratic Kampuchea era, both living and deceased, and acknowledging the crimes of the Khmer Rouge regime. 2 Memorial in Phnom Penh to Honour Victims of Forced Evacuations Séra ING, Embassy of France, ANVAYA Association, OUBA SAS, and ACYC SARL Architectes Government of France; ANVAYA Association; OUBA SAS; ACYC SARL Architectes; French Members of Parliament A sculpture to be erected in Phnom Penh to depict the exodus of the Cambodian people from urban areas during the Khmer Rouge regime (forced transfer of populations). 3 Testimonial Therapy Transcultural Psychosocial Organization (TPO) German Federal Ministry for Economic Cooperation and Development (BMZ) with Stiftung Kriegstrauma Therapie and Commonwealth of Australia A culturally adapted treatment of psychological suffering resulting from Khmer Rouge era crimes through the recording of testimonies of traumatic experiences with the assistance of mental health workers. 4 Self-Help Groups TPO BMZ; Stiftung Kriegstrauma Therapie; Commonwealth of Australia Six local and professionally facilitated self-help groups (voluntary associations of people that meet to help themselves and each other increase their level of well-being, develop coping skills and overcome traumatic suffering). 5 Permanent Exhibition on Forced Transfer and Tuol Po Chrey Documentation Center of Cambodia (DC-Cam) BMZ Permanent exhibitions on forced transfer and the executions at Tuol Po Chrey established in Cambodian provincial museums. 6 Mobile Exhibition/Education Project: Exploring History and Transitional Justice Kdei Karuna (KdK) and Youth for Peace (YfP) BMZ Multimedia exhibitions and educational initiatives to inform survivors and post-war generations of Cambodians about crimes committed during the Khmer Rouge era. 7 Chapter on Forced Population Movement and Executions at Tuol Po Chrey DC-Cam (with Ministry of Education) German Development Cooperation (GIZ GmbH) Teacher’s manual chapter on forced population movement and executions at Tuol Po Chrey (based on the testimony of civil parties and witnesses in Case 002/01) to assist the teaching of Democratic Kampuchea history in Cambodian secondary schools. 8 Community Peace Learning Centre YfP Swiss Agency for Development and Cooperation (SDC) Community peace learning centre (information centre and library) at Samraong Khnong, Battambang Province, for seminars and training on Khmer Rouge era crimes and the work of the ECCC. 9 Illustrated Civil Party Storybook Cambodian Human Rights Action Committee (CHRAC) GIZ Civil Peace Service (GIZ ZFD) A second edition of an illustrated book of the accounts of civil parties who experienced the range of crimes and topics addressed during Case 002/01. 10 Publication and Distribution of the Judgment in Case 002/01 ECCC Through ECCC outreach programme Publication and distribution of two Khmer-language editions of the Case 002/01 verdict, one being the entire judgment and the other a summary version. 11 Inclusion of Civil Party Names on the ECCC Website ECCC n/a Inclusion of civil parties’ names on the ECCC website as an additional means of recording their participation within the Case 002 trial. Case 002/02 . . Name of project . Project partners . Donor/other support . Description . 1 App-Learning on Khmer Rouge History Bophana Audiovisual Resource Centre European Union (EU) through UN Office for Project Services (UNOPS); Rei Foundation (NZ); endorsed by the Ministry of Education, Youth and Sport (MEYS) Accurate and standardized information on Khmer Rouge history in an innovative multimedia application incorporating contemporaneous audiovisual materials and civil party accounts. 2 Khmer Rouge History Education through Teacher and University Lecturer Training and Workshops DC-Cam EU through UNOPS; approved by MEYS Two commune teacher-training events, one university lecturer-training and 15 classroom forums for students including a presentation, group activities and dialogue. 3 The Turtle Project: Innovative Cross Media Project Cambodian German Cultural Association (KDKG) and Khmer Action Arts Institut für Auslandsbeziehungen (IFA) of the German Federal Foreign Office; EU through UNOPS; supported by MEYS; approved by the Ministry of Culture and Fine Arts (MCFA) A theatre play and other multimedia cultural and educational activities with high school and university students nationwide, including photo exhibitions and intergenerational dialogue (with civil parties). 4 Community Media Project: the Cham People and the Khmer Rouge KDKG Embassy of Switzerland in Bangkok; Heinrich Böll Foundation Young photographers, film-makers and researchers from Cham communities develop personal stories of Cham civil parties into two films and a multimedia exhibition ‘The Cham People and the Khmer Rouge’. 5 Phka Sla Kraom Angkar Khmer Arts Academy with Kdei Karuna, Bophana Center and TPO SDC; BMZ through GIZ GmbH; United States Agency for International Development (USAID) A classical dance production and related exhibition addressing the regulation of marriage during the Democratic Kampuchea period. The project further incorporated public performances and community and intergenerational dialogue in order to promote public discussion and awareness. 6 Voices from Ethnic Minorities Kdei Karuna BMZ through GIZ ZFD; Embassy of Switzerland Mobile exhibitions, intergenerational dialogue, a graphic novel and forum theatre to document and present Cham and ethnic Vietnamese experiences during Democratic Kampuchea with opportunities for intergenerational dialogue. 7 The Unheard Stories of Case 002/02 Civil Parties CHRAC Heinrich Böll Foundation A second illustrated book of the accounts of civil parties, in this case of those who experienced the range of crimes and topics addressed during Case 002/02. 8 A Time to Remember Songwriting Contest 2016 Youth Resource Development Program (YRDP) BMZ through GIZ ZFD; supported by MCFA A songwriting contest and concert acknowledging the experiences of survivors by fostering intergenerational dialogue between civil parties and the younger generation in order to communicate the suffering of civil parties as a result of the crimes tried in Case 002/02. 9 Memory Sketches of Kraing Ta Chan YfP and Peace Institute of Cambodia (PIC) International Coalition of Sites of Conscience An exhibition of memory sketches of the Kraing Ta Chan security centre with university students in consultation with civil parties and a booklet on the making of the memory sketches. 10 Access to the Judicial Records of the Khmer Rouge Trials and Civil Party Materials at the Legal Documentation Center related to the ECCC (LDC-ECCC) RGC RGC and LDC–ECCC A repository of publicly available documents available free of charge related to ECCC proceedings and civil party participation. 11 Healing and Reconciliation for Survivors of the Khmer Rouge Regime TPO with Kdei Karuna USAID Mental health services and interventions using truth telling and reconciliation events. Capacity development for project staff and local facilitators in each ‘target community’. On-site and telephone counselling, self-help groups and testimonial therapy. 12 Legal and Civic Education for Minority Civil Parties Minority Rights Organization (MIRO) with civil party lawyers BMZ through GIZ ZFD A legal and civic education pilot project for ethnic Vietnamese minority civil parties (community consultations, outreach materials and community-based outreach and education workshops). 13 Improving Health and Mental Well-Being HelpAge Cambodia EU through UNOPS; and SDC Mobile health camps (for civil parties and other vulnerable older people in Cambodia) to provide basic primary health care and check-ups and to provide mental health education at the community level (NB: project only partially recognized). Case 002/02 . . Name of project . Project partners . Donor/other support . Description . 1 App-Learning on Khmer Rouge History Bophana Audiovisual Resource Centre European Union (EU) through UN Office for Project Services (UNOPS); Rei Foundation (NZ); endorsed by the Ministry of Education, Youth and Sport (MEYS) Accurate and standardized information on Khmer Rouge history in an innovative multimedia application incorporating contemporaneous audiovisual materials and civil party accounts. 2 Khmer Rouge History Education through Teacher and University Lecturer Training and Workshops DC-Cam EU through UNOPS; approved by MEYS Two commune teacher-training events, one university lecturer-training and 15 classroom forums for students including a presentation, group activities and dialogue. 3 The Turtle Project: Innovative Cross Media Project Cambodian German Cultural Association (KDKG) and Khmer Action Arts Institut für Auslandsbeziehungen (IFA) of the German Federal Foreign Office; EU through UNOPS; supported by MEYS; approved by the Ministry of Culture and Fine Arts (MCFA) A theatre play and other multimedia cultural and educational activities with high school and university students nationwide, including photo exhibitions and intergenerational dialogue (with civil parties). 4 Community Media Project: the Cham People and the Khmer Rouge KDKG Embassy of Switzerland in Bangkok; Heinrich Böll Foundation Young photographers, film-makers and researchers from Cham communities develop personal stories of Cham civil parties into two films and a multimedia exhibition ‘The Cham People and the Khmer Rouge’. 5 Phka Sla Kraom Angkar Khmer Arts Academy with Kdei Karuna, Bophana Center and TPO SDC; BMZ through GIZ GmbH; United States Agency for International Development (USAID) A classical dance production and related exhibition addressing the regulation of marriage during the Democratic Kampuchea period. The project further incorporated public performances and community and intergenerational dialogue in order to promote public discussion and awareness. 6 Voices from Ethnic Minorities Kdei Karuna BMZ through GIZ ZFD; Embassy of Switzerland Mobile exhibitions, intergenerational dialogue, a graphic novel and forum theatre to document and present Cham and ethnic Vietnamese experiences during Democratic Kampuchea with opportunities for intergenerational dialogue. 7 The Unheard Stories of Case 002/02 Civil Parties CHRAC Heinrich Böll Foundation A second illustrated book of the accounts of civil parties, in this case of those who experienced the range of crimes and topics addressed during Case 002/02. 8 A Time to Remember Songwriting Contest 2016 Youth Resource Development Program (YRDP) BMZ through GIZ ZFD; supported by MCFA A songwriting contest and concert acknowledging the experiences of survivors by fostering intergenerational dialogue between civil parties and the younger generation in order to communicate the suffering of civil parties as a result of the crimes tried in Case 002/02. 9 Memory Sketches of Kraing Ta Chan YfP and Peace Institute of Cambodia (PIC) International Coalition of Sites of Conscience An exhibition of memory sketches of the Kraing Ta Chan security centre with university students in consultation with civil parties and a booklet on the making of the memory sketches. 10 Access to the Judicial Records of the Khmer Rouge Trials and Civil Party Materials at the Legal Documentation Center related to the ECCC (LDC-ECCC) RGC RGC and LDC–ECCC A repository of publicly available documents available free of charge related to ECCC proceedings and civil party participation. 11 Healing and Reconciliation for Survivors of the Khmer Rouge Regime TPO with Kdei Karuna USAID Mental health services and interventions using truth telling and reconciliation events. Capacity development for project staff and local facilitators in each ‘target community’. On-site and telephone counselling, self-help groups and testimonial therapy. 12 Legal and Civic Education for Minority Civil Parties Minority Rights Organization (MIRO) with civil party lawyers BMZ through GIZ ZFD A legal and civic education pilot project for ethnic Vietnamese minority civil parties (community consultations, outreach materials and community-based outreach and education workshops). 13 Improving Health and Mental Well-Being HelpAge Cambodia EU through UNOPS; and SDC Mobile health camps (for civil parties and other vulnerable older people in Cambodia) to provide basic primary health care and check-ups and to provide mental health education at the community level (NB: project only partially recognized). Open in new tab As Table 1 shows, some 24 reparation measures were recognized by the ECCC judges over the two sub-trials of Case 002. The largest amounts of funding came from Germany (the first donor to provide funding for reparation projects in Case 002/01) and the European Union (which funded, via a single competitive grant scheme, three projects for Case 002/02). Other bilateral donors included Switzerland, France, Australia, and the United States through USAID. Partner organizations were largely Cambodian-registered non-governmental organizations (NGOs). Many such organizations had already played a formal role at the ECCC when changes to the reparation mandate were announced at the beginning of Case 002, including assistance with outreach (Bophana Audiovisual Resource Centre), the provision of documentary evidence for the trials (the Documentation Center of Cambodia) and the provision of psychosocial support (Transcultural Psychosocial Organization Cambodia). Other local NGOs emerged specifically to take up the challenge of ECCC reparation and drew funds from international donors whose work was focused on similar processes elsewhere, for example, memorialization (as in the case of the International Coalition of Sites of Conscience) and responding to people’s traumatic experiences (as in the case of Stiftung Kriegstrauma Therapie). The reluctance of the Royal Government of Cambodia (RGC) to engage in a more substantial way with ECCC reparation was one of the reasons that international project-based funding became the dominant mode of financing ECCC reparation. However, Cambodian government support remained relevant for Case 002 reparation. For instance, two of the 24 projects were established by government decree: the ‘National Remembrance Day’ (see Table 1, Case 002/01, reparation 1), and the Legal Documentation Center related to the ECCC (LDC-ECCC) (see Table 1, Case 002/02 reparation 10). Both of these measures are more difficult to capture under the notion of ‘project’, as they involve a public observance (see Hughes and Elander 2012: 49) and public records of the trials. Furthermore, two Cambodian ministries—the Ministry of Education, Youth and Sport (MEYS) and the Ministry of Culture and Fine Arts (MCFA)—have endorsed a number of reparation projects. This is largely due to the pedagogical aims of these projects, for example, the provision of textbook chapters, teaching materials and training for school teachers and university lecturers (see Table 1, Case 002/02, reparation 2), and engagement with students in high school and university classrooms across the country (see Table 1, Case 002/02 reparation 3). In the following discussion section, we outline some of the practices involved in the projectification of reparation and some of the effects or unintended consequences of these practices. 3. The practices and effects of projectification With convicted persons’ assets unavailable, and Cambodian government support focused on the court’s trials, ECCC judges sought to expand reparations beyond the judicial field, so as to mobilize new actors and resources for their realization. The projectification of reparation subsequently occurred at the intersection of two fields: (international) criminal justice and international development assistance. The specificity of projectification at this intersection may limit the generalizations that can be drawn from this case study. This particular or similar intersections are, however, an increasingly common feature of transitional justice programmes in many low-income, post-conflict societies, as we explain further below. In the following, we discuss four major implications of the projectification of ECCC reparation: changed roles for judges and lawyers; new funding streams and practices created by the expansion of reparation into the development sector; the exclusions and inclusions of different actors it brought about; and the effects of these changes on the meaning of reparation. The ordering of these discussions allows us to tell a story of the projectification of reparation at the ECCC that includes observations about origins, developments, and outcomes, and provisional suggestions regarding reparation project legacies at the scale of lived experience. 3.1 Projectification in the justice field: judges and lawyers as project managers The justice field is not one commonly associated with the phenomenon of projectification. The de-judicialization of reparation at the ECCC led, therefore, to an expansion of ECCC office-bearers’ activities into new areas where few had specific expertise. A project-based approach meant that judges and lawyers’ practices regarding reparation became more managerial, especially around the development of projects and the match between projects and any possible resources available for their realization. In an attempt to find practical solutions to difficult problems, judges and lawyers adopted practices that would normally be associated with project managers, including giving instructions on technical aspects of project design and funding modalities, as well as accepting or rejecting project proposals. The Trial Chamber explained the intended functioning of the amended reparation scheme as follows: The idea was to ensure that tangible, externally funded awards acknowledging the suffering of Civil Parties could be realized soon after a verdict becomes final. This presupposes the development of awards (technically through program management) in parallel with the ongoing trial. …[The] allocation of project development in relation to Rule 23quinquies(3)(b) to this section was the obvious choice. A program manager tasked with the development of these awards was installed in the Victims Support Section. S/he is expected to design the award(s) identified by the Co-Lead Lawyers, and ensure their funding and readiness for implementation at the verdict stage.5 The trial judges also provided detailed guidance as to how they wanted reparation projects to be ‘operationalized’, including detailed project descriptions, budget plans and confirmation of funding.6 The Chamber stressed that it would not endorse proposals that do not comply with these conditions. The zeal with which the Trial Chamber pushed the reparation projects forward contrasted with the fact that most of these projects were in large part rather non-judicial in nature and that their reparative value would merely be ‘recognized’ by the judges. Very few legal issues regarding reparation were debated before the bench. Instead, various aspects of reparation project management, including progress reports and updates on funding commitments, dominated most submissions on reparation ahead of the Trial Chamber judgment in Case 002/01. The Civil Party Lead Co-Lawyers acknowledged the tasks assigned to them as ‘not only daunting but also unprecedented in the context of an international tribunal. Such tasks are normally performed by specialized entities which are afforded a large staff, funding, time and experience.’7 Significant frustration stemmed from the requirement that external funding for reparations would need to be secured prior to a reparation decision. The International Civil Party Lead Co-Lawyer stated that although fundraising was not in her job description, it took up a lot of her time. She lamented that ‘the law, as written, imposes upon the civil parties a heavy and unjust burden … In effect, the civil parties have the obligation to find the funding for these reparations’ (Simmoneau-Fort 2013). As responsibilities for reparations under the amended reparation framework were split between the Victims Support Section and the Civil Party Lead Co-Lawyers Section, regular frictions emerged between the two sections. Some of these challenges arose when lawyers and project managers tried to collaborate on reparations. One ECCC officer reported of the collaboration across different fields of expertise: ‘they have a legal background, and don’t really understand project management processes [while] we don’t have the legal skills’ (interview ECCC32, Phnom Penh, 9 December 2015). Bringing legal and project management logics and practices together often proved difficult. The projectification of reparation also introduced new tensions, for example concerning the temporality of reparation, often because of the nature and considerable length of international(ized) criminal proceedings. For instance, most of the projects listed in Table 1 had already been fully or partially implemented by the time they were formally recognized by ECCC judges as ‘reparation’.8 The reasons for this curious state of affairs are to be found in the feasibility-based approach to reparation which the ECCC pursued through the new reparation framework in Case 002 (Sperfeldt 2020). This approach placed emphasis on the apparent effectiveness of reparation projects, which was taken to be expressed, among other ways, in the availability of funding prior to a reparation order. What this meant operationally was that preparations for project design and fundraising had to start at an early stage, long before a finding of guilt. Once donors had committed funding to NGO projects, judicial and project timelines increasingly diverged. International donor funding operates under strict and contractually-fixed timelines, often bound to specific budget cycles. This required NGOs to conduct the funded activities in a timely manner such that they could meet the funding conditions set by donors. The lengthy and unpredictable judicial adjudication process quickly exceeded the usual one- to two-year project time frames, so that most projects were not formally recognized as reparation until after they had been implemented. Explaining this rather counter-intuitive situation to participating victims, and even to some partner NGOs, was a constant and, at times, frustrating task for the Victims Support Section and the Civil Party Lead Co-Lawyers Section. An added risk for all involved was that the very elderly defendants in Case 002 would pass away, in which event there would no longer have been a case, a judgment, or any formally recognized reparations. This risk was offset by the nature of the projects themselves—which donors and NGOs considered to be important and beneficial to Cambodians regardless of formal legal recognition—and the imperative to work as quickly as possible to offer some form of redress to elderly civil parties and other elderly victims. These hard-won successes of the reparation rules amendments were largely due to the impetus and interest created by new funding streams, the activities they made possible and the relationships therein fostered. 3.2 Reparation ‘projects’ and the development field: new funding streams and practices Another feature of projects is that they are an outlet for flexible funding allocation, which has created new market opportunities for actors involved in project work. Reparation has increasingly been projectified in low-income societies, where monetary compensation is often seen as not feasible or appropriate. The projectification of reparation in these contexts is closely associated with international development assistance. International development projects tend to involve a North–South relationship, whereby a donor or international agency from a high-income country allocates resources through project-based organization to a range of local and international project actors in a low-income country. Unequal power relations are a core feature of international development projects, despite continuous but largely unsuccessful efforts to recalibrate the relationship, such as through notions of ‘participatory development’ (Green 2000; Kothari 2005), ‘local ownership’ and ‘sustainability’ (Ika and Hodgson 2014). The politics of international development aid and assistance in Cambodia has been critically interrogated by a number of scholars. Aid dependency is considered to have undermined democracy (Ear 2013) and overseen ‘enduring rural–urban inequalities’ (Brickell and Springer 2016). A notable proportion of development assistance goes to the non-government sector, and NGOs in Cambodia have found a new and expanded role thanks to donor emphasis on civil society and good governance (Frewer 2013: 99). However, Cambodian NGOs are often trapped in cycles of competitive project bidding, with donors generally unwilling to invest in the administration and development of the organization itself or long-term programmes (see C. Hughes 2009: 129). From even this cursory examination of the scholarly literature on international development activities in Cambodia, it can be seen that projects—be they concerned with infrastructure, rule of law, health, educational or poverty reduction—have become the dominant way of working across many sectors and scales. The projectification of reparation at the ECCC was therefore unsurprising the moment that funding from major Official Development Assistance (ODA) donors was sought. The intersection of judicial and development fields introduced ODA-funded project work—with its specific logics and practices—into ECCC reparations. The judges’ rules amendments—requiring funding for projects to be in place prior to a judgment—had the effect of reorienting external actors’ practices toward securing funding. While voluntary contributions to the ECCC’s core operations had come by and large from the foreign ministries of external governments, the development branches of these governments were more amendable to funding reparation and victim assistance. This signalled a shift from foreign policy to development project-based funding. Funding initially came from the German Federal Ministry of Economic Cooperation and Development (BMZ) commitment of almost 500,000 euros for several of the proposed Case 002/01 reparation projects.9 German government-related support funded roughly half of all projects approved by the judges in Case 002/01 and amounted to around two-thirds of the total monies raised in that case. The Swiss Agency for Development and Cooperation (SDC) also committed funds to Case 002/01 reparation projects.10 Many of the other large ECCC donors, however, most notably Japan and the United States, did not contribute to Case 002/01 reparations, suggesting divergent views among larger ODA donors regarding ECCC reparations. Funding for reparations still represented only a small fraction of the money that international donors and the Royal Government of Cambodia had invested in the ECCC. While external donors contributed more than 770,000 US dollars to reparations in Case 002/01, donors had simultaneously contributed more than 230 million US dollars to fund the ECCC core operations by the time the trial judges handed down their judgment. To that point, reparations had attracted a mere 0.3 per cent of the amount for core operations.11 Dollar amounts have been harder to ascertain in the case of Case 002/02 reparations, as financial details have not been made public. The German government was again the most active donor, contributing to five of the thirteen Case 002/02 projects (see Table 1). The European Union held a competitive bid process and divided funds of over one million euros between three successful proposals (see Table 1, Case 002/02, reparations 1, 2 and 3). Overall, we estimate that the total donor contributions in Case 002/02 surpassed the amounts provided in Case 002/01. The reparation outcomes show that the ECCC succeeded with one of its goals for the projectification of reparation: it attracted new resources for reparations that were previously not available. Despite this, some ECCC officials questioned NGOs’ motives of engaging with reparations. One international civil party lawyer noted, ‘the NGOs have very clearly understood the game; they only need to go through the reparations scheme to get money, because donors feel somewhat compelled to help us’, but at the same time conceded, ‘either it’s that or nothing really would have happened’ (interview ECCC19, Phnom Penh, 4 August 2015). While a project-based and externally funded approach to reparations in Case 002 eventually delivered two dozen reparations projects, it was driven by which projects NGOs were in a position to offer and/or what donors wanted to fund, rather than primarily by participating survivors’ preferences and needs. One international ECCC legal officer described the outcomes therefore as ‘funding-driven, not civil party-driven’ (interview ECCC21, Phnom Penh, 5 August 2015). This observation points to the transformative effects project work can have on the relationships between the actors involved in this work. 3.3 Projectification and the reconfiguration of relationships: inclusions and exclusions Projects are usually advanced by a broad set of actors, often cutting across more permanent organizational boundaries. At the ECCC in Cambodia, the projectification of reparation has indeed provided a new space of engagement, especially with local NGOs, that had not previously existed. Because staffing levels at the Victims Support Section never reflected its expanded responsibilities regarding reparation, the Section reached out to local NGOs to leverage their work with survivors for the purposes of reparations. In this way, Cambodian NGOs emerged as central actors in conceiving and implementing ECCC reparation projects (Sperfeldt 2013). In Case 002/01, for instance, from the 11 reparation projects recognized by the Trial Chamber in its judgment, seven projects were proposed by Cambodian NGOs, with one additional project being driven by Cambodian diaspora communities in France. Almost all of the Cambodian NGOs had conducted work related to the legacies of Khmer Rouge rule prior to Case 002, and often in collaboration with survivors. In these organizations, long-term connections with specific survivor communities and expertise in memorialization activities were immediately to hand (R. Hughes 2019). Of the Cambodian NGO projects, four were projects that these NGOs had previously been doing outside of the ECCC that were then proposed to the court for recognition as reparation. Another three were projects that had a more specific link to the facts adjudicated in Case 002/01, especially the forced transfer of populations. In Case 002/02, many of the successes of Case 002/01 reparation work were directly built upon: testimonial therapy and self-help group projects undertaken by the Transcultural Psychosocial Organization (TPO) were expanded and extended to new communities with a specific focus on the elderly (see Table 1, Case 002/02, reparation 11). Work in the pedagogical field such as the development of a textbook chapter and teacher training activities by the Documentation Center of Cambodia (DC-Cam) during Case 002/01 was further expanded in a Case 002/02 reparation project on crimes specific to that sub-trial. A storybook of testimonies of those civil parties who had appeared in court during Case 002/01 was complemented by a Case 002/02 reparation project that comprised a storybook of civil parties who had not had the opportunity to appear (see Table 1, Case 002/02, reparation 7). New actors also emerged in relation to Case 002/02, including some associated with the creative arts in Cambodia, bringing different ways of knowing and communicating past experiences and harms into contact with ECCC judicial processes. These creative arts included songwriting, drawing, classical dance (the significant new dance performance known as Phka Sla Kraom Angkar, see Grey et al. 2019), and a theatre play (The Courageous Turtle). A small group of young Cambodian artists have benefited professionally from their inclusion in these projects, which also served to connect them to the work of the court. Other projects brought existing Cambodian researchers’ knowledge to the development of content, for example, a Khmer Rouge history education app devised by the Bophana Audiovisual Resource Centre was advised by a ‘scientific committee’ of eminent Cambodian academics and researchers. The projectification of ECCC reparations not only expanded the number and types of actors involved in reparation work, it also reconfigured the relationships between them. While judicial reparations at international(ized) criminal courts are traditionally conceived through an interaction of perpetrators, victims and courts, the expansion of reparations into the development sector introduced new relationships and recalibrated existing ones. NGOs and the specific conditions and practices introduced by international development funding of reparations became a dominant feature in how reparation projects were designed and carried out. While some NGOs felt frustrated by the legal rules that governed what qualified as an ECCC reparation project, they also felt that they might otherwise be excluded from an important new funding stream. One ECCC lawyer observed that NGOs who had long worked on Khmer Rouge projects ‘are facing [an] awkward situation because all the traditional donors they would go to are actually now funding only through the ECCC reparation scheme’ (interview ECCC33, Phnom Penh, 10 January 2017). Moreover, projects are viewed by donors as suitable means to enhance accountability and the effectiveness of activities. Through a sophisticated system of risk management, monitoring and evaluation, those actors responsible for implementing a project are held to account with regard to the achievement of the project objectives, which is measured against the original funder-endorsed project plan and associated performance indicators. Accountability is here largely understood to involve the relation between the funder and the project implementer, rather than the ‘beneficiaries’ of the project. Indeed, in our case, many NGOs felt their accountability to be first and foremost with the project donor, rather than ECCC sections or civil parties. Among other ways, this was expressed in funding agreements geared towards donors’ policies and conditions; timelines dictated by donors’ budget cycles rather than court requirements or civil party preferences; strict financial and accounting regulations; goals-based performance measurement rather than civil party satisfaction; and reporting priority to donors, rather than the ECCC or the civil parties. These conditions significantly reshaped decision-making and responsibility structures in ECCC reparations. Conversely, project-based accountability has risked obscuring the relation between the convicted person/s and the victims that is imperative to reparation in the criminal justice field.12 A technical approach in which the most pressing accountability relationship is that between donor and the implementer can in these ways be problematic in situations where the repair of significant and widespread societal harm is being sought. On the whole, both the ECCC and NGOs appear to have benefited from the projectification of reparations. The court was able to take credit for reparation projects it could never have developed or implemented on its own. Participating NGOs were able to improve their standing within their own sector, and in some cases internationally, and obtain additional funding. Reparations in turn became more inclusive and locally contextualized, as can be seen in the diverse array of project types. One Cambodian ECCC officer working on victim issues took a positive view of reparation projects as enablers of social processes at the court’s periphery, noting: ‘reparations is a tool which can be used to involve all the stakeholders in the justice process; not just the judges, prosecutors or legal officers’ (interview ECCC26, Phnom Penh, 19 August 2015). Indeed, the ECCC reparation projects created a new space of connection and engagement with society. With low expectations at the outset, most of our interviewees from the ECCC and civil society ultimately assessed the outcomes as positive or even a ‘success’. As intimated above, however, projects and the specific techniques they promote not only enable coordination and collaboration, they can also constrain it. Preliminary studies of civil parties’ views, for instance, paint a less optimistic picture about the reparation projects than did responses from local NGOs. In our own research we found that four years after the trial judgment in Case 002/01, most civil parties were not aware or had little knowledge of the reparation projects granted by the ECCC (Sperfeldt et al. 2016: 117). Among the few who knew about the reparations, a majority were satisfied with the outcomes. While many civil parties remembered some form of consultation on reparation projects, most felt that their views were not taken into account in the final decisions and outcomes (see also Williams et al. 2018: 116–18). These data seem to indicate that limited consultations by lawyers or project implementers, without enabling a deeper involvement in the project design and execution, are often insufficient to enable reparative effects among civil parties. The Victims Support Section and the Civil Party Lead Co-Lawyers Section attempted to improve the situation by increasing their consultation with civil parties for Case 002/02. According to the international Civil Party Lead Co-Lawyer, it was this consultation with civil parties that set reparation projects apart from international development project work in Cambodia: [For] Case 002/02 we really tried to build a long consultation phase, tried to have as many civil parties as possible involved in the process, [to] get their general ideas on what they want as a reparation project, and along the way consult them on specific projects. (Interview ECCC33, Phnom Penh, 10 January 2017) Notwithstanding these efforts, our observations suggest that there are deeper structural impediments to a more inclusive and equitable realization of reparation through projects. Projects require technical expertise, accountability structures and insider knowledge that many survivors and survivor groups lack. International donor funding in this way often bypasses survivors themselves. This is where intermediaries, often non-state actors, and other local elites with the prerequisite project knowledge come into play. Those with the social capital and the skill set to benefit from governance through projects have also been referred to as the ‘project class’ (Kovach and Kucerova 2009). These intermediaries are able to influence the design of projects and direct funds—often with the best intentions—toward their preferred activities. Rather than being active participants, survivors may become excluded from project processes and decision-making as mere ‘beneficiaries’ of a project—a logic inherent in the ‘from–towards’ perspective of project ‘delivery’. Cicmil and O’Laocha highlight the danger of marginalizing the very communities the funding was meant to help. They argue that ‘the definition of communities on the basis of “needs” or “problems”, together with the projectified organizing of “responsible” responses to those needs, relegates recipient community members to the periphery of decision making and action in the construction of solutions to problems and the enacting of remedies to their needs’ (Cicmil and O’Laocha 2016: 551). These authors call for more attention to the unrecognized power and knowledge asymmetries that exist in all stages of project-based work, from planning through implementation to evaluation (ibid: 558). In Cambodia, survivor and civil party Chum Mey traced such asymmetries when he wrote that his victim organization was ‘not on the government side, or [on the] NGO side’ (Chum 2012: 49). Although NGOs considered and publicly staged their role as seeking reparations for victims—by supporting and including victims in reparation project design and development, which was also an eligibility requirement from the court—this statement of Chum’s belies such staging. Having their wishes and desires excluded even as they were included in ECCC cases and reparations led to evident frustration on the part of some civil parties. At civil party forums many continued to voice their preference for some form of individual monetary compensation, even at the forum held immediately after the Trial Chamber judgment in Case 002/02 was handed down. A discourse of ‘expectation management’ attended both ECCC and NGO discussion of such dissent; however, we argue below that these calls may also have arisen because the meaning of reparation was being stretched beyond recognition. Individuals’ needs were excluded even as they were ostensibly being included through consultation—through their lawyers and at civil party forum events and by belonging to a collective to whom the benefits of reparation projects would flow. One of the most important effects of the discussion of reparation ‘projects’ may have been that—as Li (2016: 92) notes in an Indonesian context—it subtly but surely directed attention away from alternative ways of thinking about reparation. 3.4 Projects and meaning-making in reparation Projectification in the justice field is arguably different from other areas of project-based activity, such as infrastructure or health, as concepts of ‘justice’ or ‘reparation’ also connote important symbolic or non-material meanings. Many of the claimed core functions of reparation, such as restitution, healing or accountability, draw their force from these meanings. As such, there are multiple and context-dependent understandings and legally inscribed definitions of reparations. In the case of the ECCC, the gradual move to make reparation collective and, eventually, projectified, has led to significant stretching of the meaning of ‘reparation’ (Killean and Moffett, forthcoming). After reparation was legally defined as ‘moral and collective’ it was communicated in Khmer-language outreach as not including monetary compensation. This specification was sufficiently vague as to cause confusion, but also allowed future iterations of the Internal Rules to develop a reparation framework that was specific to the court and to Cambodia. The later projectification of reparation—made possible by the decoupling of reparation from the responsibility of convicted persons—stretched the meaning of ECCC reparations even further. For instance, one tension produced in temporary organizations lies between the short-term devices that are employed and the oftentimes long-term objectives they pursue as meaningful interventions in the world (Sjöblom 2009: 167). This is especially true with projects that pursue objectives, such as repair and reconciliation, in response to the long-lasting legacies of past atrocities. While ECCC reparation projects are meant to address the harm suffered by civil parties, it can be difficult to conceive and convey ‘reparation’ through an activity that is implemented in the time frame of one to two years—the average duration of most donor-funded ECCC reparation projects. Project-based organization assumes a clearly defined beginning and end of an activity, which sits uneasily with the open-ended, evolving and oftentimes messy nature of dealing with the past. In addition to temporal limits, project practice can obscure how a diversity of meanings of reparation and their public contestation can be productive. One of the effects of materializing reparation in project form is that particular meanings of reparation become ‘fixed’, for example: reparation as recognition, reparation as an offer to repair, reparation as the conclusion of a period or relationship, reparation as the end (or loss) of a particular identity (see Dixon 2016). As such, this specification or materialization will be met with diverse responses—from civil parties, other victim-survivors, advocates, public figures, or from those who do not identify as victims at all. The nature of these responses is contingent on the meaning that individuals and groups hold about reparation and the nature of existence more broadly. Responses to reparation made specific may include relief and celebration, but reparations are just as likely to be met with confusion, contestation or rejection. Meaning-making in reparation is an interactional process, arising from the terms and feelings of changing relationships between actors and going far beyond the one-directional ‘delivery’ of a project in accordance with preconceived project plans and objectives. Yet ‘beneficiary’ subjectivities seem to be at the core of a project-based approach, often crowding out survivors’ different meanings and positionings from the decision-making on reparation. Those managing projects are not always very perceptive of these meaning-making processes, perhaps fearing risk-taking and the consequences of project failure (see Kuga Thas 2016). 4. Conclusion Projects have become such a normalized feature of daily lives that their attendant practices and relations often pass unnoticed. Projectification is often presented as a neutral or benign technocratic trend. However, as we have shown in the case of ECCC reparations, projectification has significant material and non-material consequences for individuals, groups and organizations (see also Packendorff and Lindgren 2014: 12–14). On the one hand, the projectification of ECCC reparation has drawn in new actors (such as local NGOs) and resources (mainly in the form of international development funding). This has expanded the opportunities for victim assistance in the ECCC context and positively contributed to further ‘localizing’ the ECCC’s internationalized criminal justice process through an enhanced involvement of civil society. On the other hand, projectification has reconfigured the relations underpinning reparation work by reshaping decision-making and accountability structures, with an impact on both the supposed beneficiaries of reparation (that is, the civil parties) and the meaning of reparation. These important consequences of projectification demand that both practitioners and scholars become more sensitive to how projects govern and order areas of activity and how they impact on institutional practices and people’s social and cultural lives. Rather than leaving projects in the background, we therefore argue that projectification itself should become a subject of scholarly scrutiny. Although projectification of judicial reparation is a relatively new phenomenon, it has been progressively enacted in the ICC and ECCC contexts, as well as in other non-judicial administrative reparation programmes. We hope that our contribution assists with opening up a field of inquiry and offer the following agenda for future research on the projectification of reparation. We see this as relevant to the study of similar projectification processes occurring in the post-atrocity justice field more broadly. Based on our research, we suggest that such research might (i) consider the dynamics and practices of projectification and the different forms it can take; (ii) describe and explain how the contradictions and contestations of reparation projects are responded to by those attempting to deliver reparations through projects (for example, by studying those practising reparation in project form) and how these contradictions and contestations stretch or reshape the meaning of reparation for diverse others; (iii) examine relationships and power structures, including those associated with ‘the project class’ or those set to profit from governance through projects (Munck af Rosenschöld and Wolf 2017: 278); and (iv) further consider how the concept of ‘projectification’ can itself be broadened by and for empirical research (ibid.) into the future. Funding This work was supported in part by the Australian Research Council (project ID: DE160100501). Footnotes 1 The first Internal Rules stipulated that reparations ‘shall be awarded against and be borne by convicted persons’ (ECCC Internal Rules (v1), adopted 12 June 2007, Rule 23(11) and (12)). 2 We note that the convicted-borne avenue has remained in effect, although it has not been further operationalized (ECCC Internal Rules (v6), 17 September 2010, Rule 23quinquies 3(a)). 3 ECCC Internal Rules (v6), 17 September 2010, Rules 12bis (2) and 23quinquies (3). 4 In its Case 002/01 judgment, issued on 7 August 2014, the Trial Chamber recognized 11 of the 13 reparations projects proposed by the civil parties, but rejected two of the projects, mainly on the grounds that they had not secured sufficient funding (see Case 002/01 Judgment, Trial Chamber, Case File No. 002/19-09-2007/ECCC/TC, E313, 7 August 2014, paras. 1151–60). In its Case 002/02 judgment, rendered in November 2018, the Trial Chamber fully recognized 12 out of the 14 proposed reparations projects. It rejected a component of one project, finding that livelihood support amounted to individual monetary payments, precluded under the Internal Rules. Another project, dealing with the harm suffered by Cambodia’s indigenous minorities, was rejected on the basis that such acts fell outside the scope of Case 002/02. (See Case 002/02 Judgment, Trial Chamber, Case File No. 002/19-09-2007/ECCC/TC, 16 November 2018, paras 4415–67.) 5 Case 002, Initial Specification of the Substance of Reparations Awards Sought by the Civil Party Lead Co-Lawyers Pursuant to Internal Rule 23quinquies(3) (Trial Chamber, Memorandum E125, 23 September 2011). 6 The Chamber required from the Lead Co-Lawyers the following information: ‘(1) Proof of consent and cooperation of any involved third party has to be demonstrated; (2) Funding has to be fully secured, as the Chamber cannot endorse a reparation project that has secured partial funding only; (3) Any necessary additional information shall be provided to the Chamber, such as detailed descriptions (including sketches and/or pictures) and budget plans of proposals.’ (Case 002/01, Trial Chamber’s Subsequent and Final Order on the Updated Specification of Civil Party Priority Projects as Reparations Pursuant to Rule 81bis(4), Trial Chamber, E218/7/4, 6 September 2013, para. 3.) 7 Case 002, Initial Specification of the Substance of the Awards that the Civil Party Lead Co-Lawyers Intend to Seek (Hearing of 19 October 2011, Civil Party Lead Co-Lawyers, E125/2, 12 March 2012, para. 40). 8 In formal communications between the actors involved and in any public presentation or document, these projects had to be termed ‘proposed reparations’ up until their formal recognition in ECCC judgments. 9 See ECCC, The Court Report, Issue 63, August 2013, p. 8. Additional funding was later provided through the German GIZ for another two reparations projects (see ECCC, The Court Report, Issue 67, December 2013, p. 6). 10 In Case 002/01, the SDC committed 126,000 US dollars for a two-year period to a project implemented by the local NGO Youth for Peace (Case 002/01 Trial Chamber Judgment 2014, para. 1137). 11 By October 2019, total contributions to the ECCC had risen to more than 355 million US dollars (see ECCC, ECCC Financial Outlook, 31 October 2019). 12 As one of us argues elsewhere, some ECCC reparation projects would have been ‘cheap at twice the price’. This is because highly culturally competent partner organizations work beyond their allocated funding in order to work creatively, with significant technological expertise, and within an ethics of care and long-term connection (see R. Hughes 2019). Acknowledgements We would like to thank all our interviewees for their time and insights. 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TI - The Projectification of Reparation
JO - Journal of Human Rights Practice
DO - 10.1093/jhuman/huaa045
DA - 2021-02-25
UR - https://www.deepdyve.com/lp/oxford-university-press/the-projectification-of-reparation-LFErAg4J5Y
SP - 545
EP - 565
VL - 12
IS - 3
DP - DeepDyve
ER -