Law Reform Assistance and Human Security: Cambodian Case Study

Abstract

Law reform assistance has been applied for modernization of law, in particular, in the context of promotion of market economy for development as a practical tool for implementing the Washington Consensus in the age of post-cold war globalization. It is considered a process of implanting global standards convenient for the market. On the other hand, as with the post-cold war paradigm, human security has been advocated for interlinking of development and peace to promote liberal democracy across the world. It has been addressed to the New War phenomena, that is, borderless expansion of civil wars as the controversial concept of “responsibility to protect.” This led to the creation of the International Criminal Court (ICC) as the rule of law in international law. Also it is reflected in the peace building operation. As an element of assistance in governance, the law reform assistance has been promoted by ODA in transitional justice for the rule of law in conflict-affected countries. However, such assistance is not always well supported by local people. Cambodian case study shows that law can be abused by the authoritarian government to bring unexpected effect. The land law, through which international society intends to protect the titles of farmers, is in fact manipulated by the powerful people for land grabbing. As a result, farmers are losing their land and foreign investors are unduly benefitted Resisting farmers and supporting human rights workers are punished by the newly introduced criminal justice legal system and personnel. Providers of such law reform assistance should carefully examine and consider the local people's capacity and social reality. Modern law is not necessarily appropriate in the local context. Local law as customary law might have protected the local people. Thus, human security of the local people should be considered seriously in the law reform assistance. Grass-route assistance is also considered in law reform for human security.