1. IDENTIFICATION. Total cost. Total amount of EU budget contribution: EUR

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1 ANNEX 2 of the Commission Implementing Decision on the Annual Action Programme 2014 in favour of Cambodia to be financed from the general budget of the European Union Action Document for Contribution to the Extraordinary Chambers in the Courts of Cambodia (ECCC) national and international component 1. IDENTIFICATION Title/Number Total cost Contribution to the Extraordinary Chambers in the Courts of Cambodia (ECCC) national and international component CRIS number: DCI-ASIE/2014/ Total estimated cost: The budget of the ECCC is USD 60.5 million (approximately EUR ) Aid method / Management mode and type of financing Total amount of EU budget contribution: EUR This action is co-financed in joint co-financing by Government and other donors for an indicative amount of EUR as indicated in footnote 8, page 13 Project Approach Indirect management with the United Nations Office for Project Services (UNOPS) DAC-code Sector Legal and judicial development 2. RATIONALE AND CONTEXT 2.1. Summary of the action and its objectives The Action aims to improve good governance and the rule of law in Cambodia by contributing the operational resources needed by the Extraordinary Chambers in the Courts of Cambodia (ECCC) to continue to carry out its mandate, which is to bring to trial senior leaders of Democratic Kampuchea and those who allegedly were most responsible for the crimes and serious violations of Cambodia penal law, international humanitarian law, and international conventions recognised by Cambodia. By doing so, the Action will contribute to raise standards in the administration of justice and in combating impunity in Cambodia, as the ECCC can serve as a model for the development and improvement of the legal and judicial system in Cambodia. By contributing to restore victims' sense of justice, the Action will also foster the country's current reconciliation process and help to heal the trauma suffered by the Cambodian population under the Khmer Rouge regime. 1 InforEuro EUR/USD conversion rate of April 2014 used throughout the document (USD 1 = EUR 0.73) 1

2 2.2. Context Country context Economic and social situation and poverty analysis Weak governance in Cambodia has been identified by both government and donors as a major obstacle to the promotion and protection of human rights, poverty reduction, growth and enhanced aid effectiveness in the country. A key feature of the weak governance in Cambodia is the absence of a strong and independent judiciary. The ECCC is seen as a key element which can serve as a model for the development and improvement of the legal and judicial system in Cambodia National development policy Cambodia's overarching socio-economic development strategy, the so-called Rectangular Strategy III, has at its core a comprehensive good governance reform programme. In May 2003, the United Nations General Assembly voted for Resolution 57/228B, approving an Agreement between the United Nations (UN) and the Royal Government of Cambodia on the prosecution, under Cambodian law, of crimes committed during the period of the Democratic Kampuchea. The National Assembly of the Royal Kingdom of Cambodia subsequently passed a law on the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC) to bring to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodia penal law, international humanitarian law and cust om, and international conventions recognised by Cambodia, that were committe d during the period from 17 April 1975 to 6 January The ECCC is a hybrid special court with a United Nations Assistance to Khmer Rouge Trials (UNAKRT) side (the international side employing 159 staff), partnered with a national side (182 Cambodian staff currently employed). The ECCC is, therefore, a Cambodian court with international participation and assistance, established by domestic law. This hybrid court is designed to provide fair trails in conformity with international standards and may apply both national and international law Sector context: policies and challenges Since June 2007, when it became fully operational, the ECCC has handled two cases and is currently investigating two others. Throughout 2009, hearings were held for the trial of the first accused (referred to as Case 001) and a conviction was issued on 26 July Following appeals heard in March 2011, the judgment on appeal in Case 001 was pronounced by the Supreme Court Chamber in February The Trial Chamber held the initial hearing for Case 002 against four accused senior Khmer Rouge leaders (namely Khieu Samphan, Nuon Chea, Ieng Sary and Ieng Thirith), in June Since then, the Case file 002 has been severed into two separate "mini" trials, each addressing a different section of the indictment. The first mini-trial, known as Case 002/1, commenced in November One of the four accused, former Social Action Minister Ieng Thirith, was found unfit to stand trial due to the state of her dementia. Ieng Thirith was released in September 2012; the Co-prosecutors' appeal is pending. The hearing of evidence in Case 002/1 2

3 ended on 23 July 2013 and the closing statements were concluded on 31 October A judgment in the first of the "mini" trials, primarily focusing on the forced movement of the population from Phnom Penh and later from other regions and execution of Khmer Republic soldiers at Tuol Po Chrey execution site immediately after the Khmer Rouge takeover in 1975, took place in August The Trial Chamber of the ECCC found Nuon Chea and Khieu Samphan guilty of crimes against humanity committed between 17 April 1975 and December 1977 and sentenced them to life imprisonment. The whole Phase 1 of Case 002 is expected to be fully concluded with a final verdict, which would follow an appeal to the judgement delivered in August 2014, in the first quarter of A decision on the scope of charges to be included in the second mini-trial, Case 002/2, against the same accused as in Case 002/1, (i.e. Nuon Chea and Khieu Samphan), was issued by the Trial Chamber in April Charges related to genocide, forced marriages and rape, treatment of Buddhists, internal purges, targeting of former Khmer Republic officials, four security centres, including S-21 Security Centre, three worksites and one co-operative will form the basis for Case 002/2. Preparatory work on this case started at the end of 2013 following a decision by the Supreme Court Chamber to start evidence hearings as soon as possible after the closing statements in Case 002/1. It is expected, therefore, that the trial phase on Case 002/2 will commence with substantive hearings in the 3 rd quarter of 2014, which should be concluded with closing statements by the end of The trial judgement in Case 002/2 is projected to be held in the third quarter Investigations of five additional suspects 2 were launched in September Divided into what are known as Case files 003 and 004, these investigations had been progressing slowly due to political interference by the Government of Cambodia. The Cambodian Government is of the view that the ECCC does not have jurisdiction over the additional suspected persons in Case files 003 and 004 since the accused are not among "those most responsible". The Government's obstruction to the investigations led to the resignation of a first international co-investigating judge in October A new international co-investigating judge was appointed by the UN and accepted by the Royal Government of Cambodia in October Investigations fully resumed in July 2013 and are expected to be concluded by the end of 2014, when the investigation files will be submitted to the Pre-Trial Chamber for its decision on whether there is sufficient evidence to send Case 003 and Case 004 to trial or to end proceedings. The Government of Cambodia seems currently less opposed to these cases since the new co-investigating judge has taken up office and co-operation with his Cambodian counterpart has improved. A clear timeline on these two cases currently at the investigations stage is not possible to be drawn since the calendar for the years following the closing orders on the investigations, i.e. from 2015 onwards, will depend on the decision by the Pre-Trial Chamber on whether to send the cases for trials or not. The cost of the ECCC from its inception in 2006 until the end of December 2013 amounted to approximately USD 213 million (around EUR 154 million). The total 2 Although defendants in Case 003 have not officially been named, it has widely been reported that former Navy Commander, Meas Mut, and former Air Force Commander, Sou Met, were the two suspects to be investigated. The latter, Sou Met, died during investigations in June The current remaining suspects in Case 003 and Case 004 are, therefore, four in total. 3

4 expenditure in 2013 was USD 32 million (around EUR 23 million) and was the result of a number of cost saving revisions in the face of insufficient funds. In 2013 the budget for the international component of the ECCC amounted to USD 24.5 million, while the budget for the national component was about USD 7.7 million. Thanks to strenuous fund-raising efforts by the UN, despite several financial crises throughout 2013 causing serious problems for the Court proceedings, expenditures for both components were totally covered by the international donors as well as an unexpected additional contribution from the Royal Government of Cambodia to the national component in November 2013 amounting to USD 1.8 million. Besides fund-raising efforts in 2013, the UN also focused on further streamlining ECCC staff with a view to reduce budgetary requirements for 2014 and Consequently, the 2014 ECCC budget amounts in total to USD 31.6 million (around EUR 23 million) divided as follows: USD 25.2 million (around EUR 18 million) for the international component and USD 6.4 million (around EUR 4.7 million) for the national component. The 2014 ECCC budget represents therefore a decrease of 11% compared to 2013 budget. The budget for the year 2015 foresees further reductions and amounts to USD 28.9 million (around EUR 21 million), of which USD 22.9 million (EUR 16.7 million) for the international component and USD 6 million (EUR 4.4 million) for the national component. The budgetary requirements in 2015 are reduced compared to 2014 given that the Office of the Co- Investigating Judges and the Pre-Trial Chamber will be phased out following the delivery of the substantial order on investigations in Case 003 and Case 004 at the end of The Royal Government of Cambodia makes an in-kind contribution to the ECCC by providing the premises and related utility costs for the Tribunal as well as a cash contribution for the payment of salaries of the ECCC national staff. In 2013 the Royal Government of Cambodia contributed USD 3.6 million (in cash and in-kind) to the ECCC, while in 2014 it has contributed USD 2.8 million, to cover operational costs the payment of salaries of the ECCC national staff for the first quarter of The Cambodian Government's contribution in 2014 represents 39% of the 2014 ECCC budget for the national component. All other costs are covered through contributions made by the international community. The EU has to-date made a contribution of EUR 4.3 million in support of the national component of the Court and contributed to the international component for the first time in 2013 for an amount of EUR 3 million. The EU and the EU Member States have contributed to the Court for an amount of approximately USD 55 million, corresponding to 26% of the total contributions. This makes the EU and the EU Member States combined the second largest contributor to the Court todate after Japan, which has covered 38% of the total budget. Australia is the third largest contributor to the ECCC with a total amount of USD 20.4 million (of which USD 3.07 million for 2013), representing 10% of the total ECCC budget since its inception. Following the request by UN Secretary-General Ban Ki Moon to the UN General Assembly in September 2013, a UN resolution to grant a subvention to the ECCC budget in 2014 was tabled for the first time in October at the Principal Donors' Group meeting in New York. The subvention amounting to USD million to the budget of the international component was approved by the UN 5 th Committee in March The subvention will cover in its entirety the pledging shortfall of about 4

5 USD 13.6 million in the 2014 international component budget 3. The subvention is a line of credit from the UN general budget meant to ensure predictability in the 2014 international component budget and avoid financial crisis throughout 2014 which could create the dysfunctions and delays that repeatedly hampered the work of the Court in the last two years. Being a line of credit, voluntary contributions to the 2014 budget from donors are nevertheless encouraged, since they would raise the likelihood that another UN subvention to the international component is granted by the UN 5 th Committee next year, avoiding therefore interruption in the work of the international component of the Court in Contrary to the EU Member States, the EU does not contribute directly to the UN budget. It is proposed, therefore, that the EU continues to support the work of the ECCC by a direct contribution to the ECCC budget for the international component. The UN subvention will not cover the 2014 budget for the ECCC national component. The pledging shortfall of this part of the budget remains approximately USD million 4. Voluntary contributions from the international community are therefore needed to prevent other budgetary crises and strikes by some ECCC national staff as it occurred in 2013, which would seriously hamper the work of the Court and considerably slow down proceedings in the three remaining cases. It is proposed, therefore, that the EU continues to contribute also to the ECCC budget for the national component Lessons learnt The ECCC has faced difficulties on several levels both before becoming fully operational and prior to its first judgement. Major problems have emerged in the handling of Case 002 files and in the investigations of Case file 003 and 004. In addition, the ECCC has gone through severe financial crises, particularly in 2012 and At the end of 2012 the international side was not able to guarantee staff contract renewal in 2013 due to a shortage of funds. In 2013 national staff, particularly interpreters and translators went on strike twice causing major delays in the proceedings. These repeated budgetary crises are mainly due to the voluntary nature of contributions to the Court. Contrary to previous years, the UN Administration for the Khmer Rouge Trials (UNAKRT) made considerable efforts to produce a bi-annual budget for the ECCC to avoid budgetary unpredictability, ensure more continuity to its staff through contracts longer than one-year, and to encourage multi-annual voluntary contributions. In 2008 and 2009, following allegations of irregularities in the administration of the Court, the UN and the Royal Government of Cambodia took two preventive actions: i) the nomination of an Independent Councillor by the Cambodian government to act as an ombudsman within the ECCC; ii) the appointment by the UN Secretary General of a Special Expert to advise on the 3 Pledging shortfall as at 20 May Pledging shortfall as at 20 May Contributions received and firm pledges made at that date amount to about USD 2.72 million following the decision by Norway in May to redirect its contribution to the 2014 ECCC budget, amounting to approx. USD 1 million, from the international to the national component so as to meet the salary costs of the national staff in the coming months. 5

6 UN Assistance to the Khmer Rouge trials and to maintain a high-level dialogue with the Royal Government of Cambodia. Donors, including the EU, have learned that supporting the ECCC and its legacy of appropriate standards of justice is an endeavour that requires a constant policy dialogue at the highest levels. It is within this context that the international commitment to the ECCC has been renewed. The 2013 EU Result-Oriented Monitoring mission assessed the third EU contribution (EUR 1.3 million) to the national side of the ECCC. The following lessons are also deemed applicable to the international side of the ECCC: i) the key Cambodian judicial staff, especially judges, undergo an important learning process in the ECCC working side-by-side with international judicial staff, who have extensive experience in international criminal justice acquired in other similar international criminal courts such as the International Court of Justice, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia. The national judges' experience at the ECCC can be useful to the Cambodian justice sector if the Royal Government of Cambodia shows a strong commitment to Legal and Judicial Reform by allocating an adequate budget to it and by implementing the delayed priority projects of the reform 5 ; ii) the Cambodian Government's intention to predetermine the number of cases to be tried at the ECCC and limit them to case 002 is incompatible with international criminal law and it raises concerns about the political agenda of the Royal Government of Cambodia; and iii) it is necessary to define a plan of action and calculate costs and the duration of potential support so as to draw up a viable exit or mitigation strategy. The EU will work with other stakeholders to draw-up a viable exit or mitigation strategy concerning EU support. The EU will also continue to work with other partners on a comprehensive programme for the reduction and rationalisation of costs of the ECCC including a review of the timescale for the ECCC to complete its work Complementary actions The proposed action complements and ensures sustainability of the EU support to the national components of the ECCC budget for and the EU contribution to the international component of the ECCC budget for As the Court requires both components to work together to advance the prosecution and investigation of cases it is essential that both components of the hybrid court have the necessary financial resources for their work. The first EU contribution of EUR 1 million from the European Initiative for Democracy and Human Rights (EIDHR) was made to the national side of the Tribunal through a Trust Fund administered by the United Nations Development Programme (UNDP). In 2009, UNDP changed its governance priorities, reduced its contribution to the legal and judicial sector and was no longer available to manage the donor trust fund for support to the ECCC. As a result United Nations Office for 5 The 2013 ROM Mission report referred in particular to the implementation of the pending law (i.e. the Law on the Functioning of the Court System, the Law on the Status of Judges and Prosecutors and the Law on the Law on Amendment to the Law on the Supreme Council of Magistracy as "of utmost importance" in order to prepare for the national systematic support to Cambodia's legal and judicial system. The Royal Government of Cambodia has committed to have the above-mentioned three fundamental laws adopted in

7 Project Services (UNOPS) was identified as an appropriate implementing agency which could manage the EU funds and has subsequently managed EUR 2 million from the EU-Cambodia Co-operation Facility (ECCF) financed from the Development Cooperation Instrument. In June 2012 a further EU commitment of EUR 1.3 million (EIDHR), channelled through UNOPS, was made as a contribution to the budget of the national side of the ECCC. In 2013 the EU made its first contribution of EUR 3 million to the international component of the ECCC from the Development Co-operation Instrument (DCI) so as to enhance and complement the previous support to such a hybrid court, where the work of one component in ensuring international standards in conducting fair trials heavily relies on the work of the other. Additional funding (EUR 5.5 million) under the ECCF has been used to support technical assistance to the Government and a number of projects selected through calls for proposals in two sectors: i) Legal and Judicial reform; and ii) De-centralisation and De-concentration (D&D). Actions in the area of legal and judicial reform are judged to be complementary to the work of the ECCC. In addition, under EIDHR, two projects have been implemented to complement the work of the ECCC through awareness raising and civil party registration. Finally, complementary action for the overall governance sector in Cambodia includes: Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ): Support to the Public Administration Reform (USD 1 million); Swedish International Development Co-operation Agency (SIDA) and Cambodia Development Research Institute (CDRI): core support including Project for Democratic Governance Research (USD 3 million); SIDA Project to support Democratic Development through D&D (USD 8 million); SIDA Support to Democracy and Human Rights through Civil Society (USD 5 million); EU and SIDA: Support to the Public Finance Management Reform Programme, besides technical assistance by several donors including ADB, Australia, Germany, Japanese International Co-operation Agency (JICA), IMF; France: (a) Drafting, adoption and implementation of a Criminal Code and Criminal Procedures, (b) Organic Law on the organisation and functioning of the Courts, (c) amendments to the Law on the Supreme Council of Magistracy, (d) statute of magistrates; JICA: Law on access to information and provisions in the criminal and civil procedural codes and administrative code to ensure public access to information; The United Kingdom and UN Office of the High Commissioner for Human Rights: Supporting the Legacy of Cambodia's ECCC Programme through the drafting the "Handbook on Cambodian Criminal Procedure". The Technical Working Group on Legal and Judicial reform (currently chaired by the Ministry of Justice), despite encountering problems, provides an aid coordination and policy dialogue mechanism with Government for all development partners active in the legal and judicial sector. In addition, coordination and synergy of EU actions with other donors' interventions are ensured by ad hoc co-ordination meetings held in Cambodia among all donors involved in the governance sector. 7

8 2.5. Donor coordination Donor coordination around the work of the ECCC takes place mainly through the Heads of Mission's regular meetings of the Friends of the ECCC in Cambodia, through the Steering Committee meeting of donors to the international (UNAKART) component of the Tribunal and the Principal Donors Group's (PDG) meetings in New York. These meetings allow for up-dates on the progress of the work of the Court and on the financial situation. The EU participates in the PDG meetings as observer through the EU Delegation to the United Nations in New York. Full EU membership of the Principal Donors Group for the ECCC is expected to be granted shortly. This step would allow the EU, inter alia, to monitor how the EU contribution is used more closely. 3. DETAILED DESCRIPTION 3.1. Objectives The overall objective is to promote human rights and the rule of law, combat impunity and foster reconciliation by: 1) supporting the international and national component of the ECCC in order to ensure the necessary international standards of justice for the hybrid tribunal, and 2) providing genocide education as a means for encouraging and reinforcing collective and individual historic memory as well as understanding the importance of respecting human rights and cultural diversity. The key specific objectives are: to raise standards in the administration of justice in Cambodia by stimulating greater demand for internal accountability of the justice operators and demonstrating international standards of justice in practice; to ensure international standards in conducting fair trials that are to bring justice to the victims of the Khmer Rouge. to institutionalise a culture of democracy and reconciliation that respects and appreciates cultural diversity, human rights and the rule of law so as to foster the legacy of the ECCC Expected results and main activities The EU contribution will impact directly on the judges, prosecutors and law clerks (both male and female) and all other international and national staff serving at the Extraordinary Chambers in the Courts of Cambodia (ECCC) by ensuring they can perform their duties and responsibilities with the highest degree of independence and integrity in compliance with international standards. Firstly, the EU contribution will enable the ECCC to continue in a timely manner with the tribunal operations for the second, more complicated, case involving key leaders of the Khmer Rouge as well as support the ECCC in the proceedings in in Cases 003 and

9 Secondly, the provision of justice by the ECCC will serve as a role model for the development and improvement of Cambodia's legal and judicial system through creating a "demonstration effect" by evincing the independence and impartiality of proceedings and the credibility of its process as well as actively ensuring the effective transfer of knowledge, skills and practices from the ECCC to the national legal sector. Broadly speaking, this is known as a hybrid tribunal's legal and judicial "legacy", as the majority of ECCC national staff is expected to continue working for the national criminal justice systems. Thirdly, it is expected that the proposed Action will contribute to holding accountable those who committed crimes against humanity, war crimes and genocide during the Khmer Rouge period, introducing concepts which challenge the prevailing culture of impunity in Cambodia. The Royal Government of Cambodia will thus be in a position to honour international obligations and challenge impunity in Cambodia. Finally, the Action will also continue to contribute to the impact the Court has had on the truth and reconciliation process in Cambodia. The proposed Action will cover the remuneration packages for international and national judges, prosecutors, law clerks, and other ECCC staff or departments serving on both the international and national component of the Extraordinary Chambers. It is a contribution to the overall 2014 and 2015 budget of the ECCC through pool funding. Furthermore, the Action will also cover a genocide education programme throughout Cambodia aimed at, inter alia, teaching the history of Democratic Kampuchea as a starting point to promote intercultural dialogue and human rights, and contribute to the truth, national reconciliation and genocide prevention process in Cambodia by preserving and diffusing a part of the Cambodian history which would otherwise be forgotten by the new generations of young Cambodians. To attain these objectives, this part of the Action might be implemented in close partnership with the Cambodian Ministry of Education, Youth and Sport with respect to activities within Cambodia's formal education system Risks and assumptions The main risks are linked to the overall political stability in Cambodia and the continued support of the Royal Government of Cambodia for the work of the ECCC. The most important risk remains the possibility that the ECCC will not successfully complete its mandate due to political interference by the Cambodian Government, financial shortfalls which would cause the ECCC to stop operating, the death or the unfitness to stand trial of the ageing Khmer Rouge leaders. Regarding political interference, this is particularly relevant for Cases 003 and 004, with the government stating in the past that they should never gone to trial. However, in this regard the international community has noted a recent change in the government's attitude with regards to Case 003 and 004. Although not publicly encouraging these two cases to go ahead, following the appointment of the new international co-investigating judge it seems that the government is no longer 9

10 actively opposing investigations and has actively called for international support to the ECCC. Regarding financial risks which would create operational difficulties for ECCC and ultimately slow down proceedings, the risk has been mitigated by the UN which has adopted a resolution to grant a subvention from the UN general budget which will cover in its entirety the pledging shortfall of about USD 13.6 million in the 2014 international component budget 6. The subvention is a line of credit from the UN general budget. The EU contribution to the international component budget, also makes it more likely that the UN will provide another subvention to the 2015 international component budget which could be adopted by the 5 th Committee in November Furthermore, the drafting and adoption of a bi-annual budget of the ECCC for the first time since the establishment of the Court is a key measure to ensure more predictability of funding by donors and continuity of staff working at the ECCC. It is crucial to look at the operations of the ECCC as a whole as the work of both components (international and national) are required in order for the Court's objectives to be met. In this regard, the proposed Action will ensure continuity of support by the EU to the ECCC and its work since 2008, although this Action does not, on its own, ensure that the ECCC has the necessary finances to continue beyond It is important, with members of the Government and the international community, to continue the on-going process of reviewing the efficiency of the Tribunal and, where possible, nationalising more functions from 2016 onwards. The proposed Action makes an important contribution to the continuity of the Courts operations and helps to prevent that financial shortfalls in 2014 and 2015 jeopardise international justice which would play into the hands of those trying to obstruct the ECCC from fulfilling its objectives. In particular, it is important for the EU and the international community to continue highlighting the importance of concluding Case 002 and having a decision by the Pre-Trial Chambers on Case 003 and 004 in the first quarter of The main assumptions are that the Royal Government of Cambodia will take the necessary measures to ensure transparency and good governance of the national component of the ECCC. It is assumed that the Government will encourage the national component of the ECCC to work effectively with the international side so as to accelerate proceedings as much as possible and increases its annual contribution to the national component budget in In addition, it is assumed that the international community will continue their commitment to ensuring justice for the victims of the Khmer Rouge and, therefore, financial contributions to the work of the ECCC will continue to be made available beyond As far as the activities related to genocide education are concerned, the main assumptions are that the Ministry of Education, Youth and Sport, as a necessary stakeholder in any education-centred action, is fully supportive and involved in the 6 Pledging shortfall as at 20 May 2014 following the decision by the Government of Norway to transfer its contribution, amounting to approx. 1 million USD, from the international to the national budget of the ECCC. 10

11 implementation of this part of the Action. The risks of a lack of support by the Ministry of Education to activities related to genocide education are minimal given its involvement in similar projects in the past, which were discontinued due to lack of funds from donors. The main mitigating measures include: a) the EU Delegation will continue to engage in a constructive dialogue with the Royal Government of Cambodia in the areas of governance, the rule of law and human rights particularly focusing on the adoption of laws that are fundamental to national legal and judicial reform; b) the EU Delegation will be proactive in promoting the ECCC through appropriate complementary actions aimed at reaching all potential beneficiaries; c) the Delegation will maintain a constant dialogue with key civil society actors and ensure synergies, including through other EU financial instruments such as the EIDHR and the financial instrument to support Non-State Actors, to support to civil society organisations working on the legacy of the ECCC; d) the EU Delegation will continue to participate actively in the Friends of the ECCC meetings to ensure coordination with other donors interventions, particularly those of EU Member States; and e) the EU Delegation will continue to monitor measures taken by the Royal Government of Cambodia to improve the governance, accountability and transparency of the ECCC as well as the whole legal and judicial system in Cambodia. f) the EU Delegation will ensure that the Ministry of Education, Youth and Sport remains supportive and actively participates in integrating genocide education into Cambodia's formal education system Cross-cutting issues The Action undertaken will have direct consequences on human rights and good governance and will address gender issues through improvement of legal and judicial mechanisms and provision of justice to the Khmer Rouge victims Stakeholders The direct beneficiaries are international and national judges and prosecutors and support staff serving at the Trial and Appeal Chambers of the Extraordinary Chambers. Indirect beneficiaries include: Cambodian legal professionals and practitioners as well as the judiciary in general; the victims (approximately 2 million people) and the survivors of the Khmer Rouge; the people of Cambodia. Finally, because of the importance attached to this process by the UN in its fight against impunity, all countries and societies could be considered stakeholders in the 11

12 process of bringing justice to the victims of the atrocities committed by the Khmer Rouge regime. 4. IMPLEMENTATION ISSUES 4.1. Financing agreement In order to implement this action, it is foreseen to conclude a Financing Agreement with the Royal Government of Cambodia, referred to in Article 184(2)(b) of Regulation (EU, Euratom) No 966/ Indicative operational implementation period The indicative operational implementation period of this action, during which the activities described in sections 3.2. and 4.3. will be carried out, is 36 months as from the date of the entry into force of the Financing Agreement or, where none is concluded, from the adoption of this Action Document, subject to modifications to be agreed by the responsible authorising officer in the relevant agreements. The European Parliament and the relevant Committee shall be informed of the extension of the operational implementation period within one month of that extension being granted Implementation components and modules Procurement (direct management) Type (works, supplies, services) Indicative number contracts of Indicative trimester of launch of the procedure Evaluation and Audit Services 2 Q Indirect management with an international organisation This Action with the objective of contributing to support the cost of the national judges, prosecutors, law clerks, and other Cambodian national and personnel may be implemented in indirect management with UNOPS in accordance with Article 58(1)(c) of Regulation (EU, Euratom) No 966/2012. This implementation is justified by the fact that UNOPS is entrusted to manage national voluntary contributions by international donors to the budget of the ECCC. The entrusted entity would be responsible for the management of the EU contribution, and will ensure that the funds are committed to fund the salary and related entitlements for the Cambodian personnel working in the national component of the ECCC as well as to support the implementation of the proposed genocide education programme. The entrusted entity intends to subdelegate the support for the cost of the international judges, prosecutors, law clerks, and other ECCC personnel, to the 12

13 United Nations Department of Economic and Social Affairs (UNDESA) in accordance with Article 58(1)(c) of Regulation (EU, Euratom) No 966/2012. This implementation is justified by the fact that UNDESA is entrusted to manage voluntary contributions by international donors to the budget of the international component of ECCC. Appropriate provisions will be included in the delegation agreement. The entrusted entity (UNOPS) is currently undergoing the ex-ante assessment in accordance with Article 61(1) of Regulation (EU, Euratom) No 966/2012. The responsible authorising officer of the Commission deems that, based on the compliance with the ex-ante assessment based on Regulation (EU, Euratom) No 1605/2002 and long-lasting problem-free cooperation, the entity can be entrusted with budget-implementation tasks under indirect management. The Commission authorises that the costs incurred by the entrusted entity may be recognised as eligible as of 01/04/2014 because it would ensure the continuity of the EU's past support to the work of the ECCC, which came to an end on 31/03/2014 for the international component and on 31/12/2013 for the national component of the ECCC (two agreements). While the operational costs of the national component of the ECCC for the first three months of 2014 (i.e. from 01/01/2014 until 31/03/2014) are covered by the Royal Government of Cambodia, EU support would be needed as from 01/04/2014, for both the international and the national component of the ECCC Scope of geographical eligibility for procurement and grants The geographical eligibility in terms of place of establishment for participating in procurement and grant award procedures and in terms of origin of supplies purchased as established in the basic act shall apply. The responsible authorising officer may extend the geographical eligibility in accordance with Article 9(2)(b) of Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11th March 2014 on the basis of urgency or of unavailability of products and services in the markets of the countries concerned, or other duly substantiated cases where the eligibility rules would make the realisation of this action impossible or exceedingly difficult Indicative budget in Module Amount EUR Third party contribution (indicative, where known) Indirect management with UNOPS Evaluation and audit N.A. Total Grand total of pledges/contributions to the approved budget of the ECCC international component for the year 2014 only as at 20 May 2014 from the following countries: Denmark (USD million), Germany (USD million), Japan (USD million), UK (USD million), USA (USD 4.7 million). Pledges to 13

14 4.6. Performance monitoring UNOPS will be responsible for monitoring as specified in the Indirect Management Delegation Agreement. The EU Delegation will also carry out additional monitoring as deemed necessary through visits to the ECCC and as appropriate inclusion of this action in Result Oriented Monitoring missions Evaluation and audit Evaluation and audit obligations are detailed in the contractual arrangements with UNOPS. If deemed necessary, external evaluations and audits may also be carried out by independent consultants recruited directly by the Commission in accordance with Commission rules and procedures, with specifically established terms of reference Communication and visibility Communication and visibility of the EU is a legal obligation for all external actions funded by the EU. This action shall contain communication and visibility measures which shall be based on a specific Communication and Visibility Plan of the Action, to be elaborated before the start of implementation and supported with the budget indicated in section 4.4 above. The measures shall be implemented either (a) by the Commission, and/or (b) by the partner country, contractors, grant beneficiaries and entrusted entities. Appropriate contractual obligations shall be included in, respectively, financing agreements, procurement and grant contracts, and delegation agreements. The Communication and Visibility Manual for European Union External Action shall be used to establish the Communication and Visibility Plan of the Action and the appropriate contractual obligations. the 2015 budget not announced yet, therefore they could not be included in the table above. Grand total of pledges/contributions to the approved budget of the ECCC national component for the year 2014 only as at 20 May 2014 from the following countries: Australia (USD 0.09 million), Cambodia (USD 2.8 million), Germany (USD 0.26 million), Norway (USD 1 million), Qatar (USD 0.02 million). No pledges or contributions to the 2015 budget of the ECCC national component announced yet, therefore they are not included in the table above. 14