What’s the difference between a hard title and a soft title?

If you’re considering buying property in Cambodia, you may have heard about hard titles and soft titles, and wonder which one you need. We talk to Leah Valencia from advertiser Elevated Realty in Phnom Penh to get the scoop on the difference between hard and soft land titles, and what are the pros and cons of each.

Cambodia hard title

Does the saying ‘go hard or go home’ apply to land titles in Cambodia?

What’s the history of land titling in Cambodia?

“During the Democratic Kampuchea regime (1975-79), the Khmer Rouge abolished ownership of property and destroyed all existing official property records in Cambodia. At that time, all property belonged to the state and there were no private owners. After the Khmer Rouge fell, and for the next ten years, the right to own property was still not recognized and all property was owned by the government. In 1989 a land law was issued which established a framework for the recognition of property and property rights throughout Cambodia. In 2001 the Land Law was updated in an attempt to further clarify property ownership.”

How are land titles registered?

“Under the Land Law, property can be registered in two ways, systematic registration and sporadic registration. In the systematic system, the government targets plots of land to measure, register and title, this will continue until the whole country is complete. In the sporadic system, the owner initiates the title registration through the central cadastral office. There are currently two types of titles legally recognized in Cambodia, soft titles and hard titles.”

What is a soft title?

“The majority of property in Cambodia is legally held under a soft title, 70% of properties in urban areas and 82% in rural areas. Property held under a soft title is registered at the local sangkat or district level, but not at the national level. Soft title documentation can take a variety of forms, such as a letter of transfer from the previous possessor stamped by the sangkat or district office, a possession status certificate from the local sangkat or district office, or a building application.

Buyers wanting to purchase a soft title property should conduct their own due diligence, at the sangkat or district office to confirm whom holds the soft title to the property. Similar enquiries should be made with the property’s neighbors. The property boundaries should also be carefully checked, as borders are often not properly demarcated and overlaps with neighboring properties can exist. Often a soft title is prefered due to the taxes, fees and the processes involved in obtaining a hard title. However, the option to convert from soft title into a hard title is a right, either when systematic registration occurs or via sporadic registration.”

What is a hard title?

“A hard title is an ownership certificate which is issued by the Cadastral Office and recognized at the national ministerial level as well as at the sangkat and district level. This is the most secure form of ownership, its registration should be the only evidence required of an indefeasible title.”

What is a LMAP title?

“In 2002 the Land Management and Administration Project (LMAP) was initiated, by the World Bank and other supporting nations, to implement systematic registration of property. LMAP and other similar initiatives have developed the legal framework for land administration, training of Ministry and technical staff, and officiating over a million titles. LMAP titles are considered reliable as they are anchored to GPS points, which may be valued at a premium by foreign purchasers. However, LMAP titles can be difficult to secure as many of those issued have been in rural geographical areas.”

What are the pros and cons of a soft title versus a hard title?

Soft title pros:
More properties available
Faster processing
Excludes 4% transfer fee and other costs
Can be converted to a hard title

Soft title cons:
Not registered at the national ministry
Provides less property information and history
Risk of boundary overlap
Cannot be used to secure financing

Hard title pros:
Registered at the national ministry
Ownership is indisputable
Full property information and history
Can be used to secure financing

Hard title cons:
Fewer available properties
Slower processing
4% transfer fees and other costs

→ Read more about buying and renting property and housing in our Phnom Penh real estate guide.

Elevated Realty specializes in finding the perfect home or property in Cambodia. View their properties on their site, Elevated Realty, or give them a call at +855 (0)23 220 609.

Review: CityLink Cambodia bus, Phnom Penh-Siem Reap

When I heard about CityLink, the newest luxury bus between Phnom Penh and Siem Reap, it seemed like the sort of tall tale that gets passed around on the schoolyard that is expat life in Cambodia. “They have personal TVs!” “The chairs massage you!” “The seats are first class!” And most of it is true — get the details in the review below.

CityLink Cambodia buses

Need a big seat? CityLink Cambodia offers first-class seating from Phnom Penh to Siem Reap.

CityLink Cambodia bills itself as a luxury bus company, nay the luxury bus company, traversing the long road from Phnom Penh to Siem Reap. CityLink has full-size buses and mini-buses going between Phnom Penh and Siem Reap. It’s the full-size bus that everyone is talking about, so I bought a ticket and took it for a spin.

The Phnom Penh Post reported that the CityLink buses are new, the seats are modern, and they go to international locations. None of these things is actually true. The bus is old, but clean. The toilet is not modern; it is a squat toilet, but it is also clean. And CityLink only does domestic routes, at least for the time being. The bus is a double-decker with only 17 seats. The lower level is for luggage and the toilet, which is a nice layout because most buses with toilets tend to smell like urine, air freshener, disinfectant, or some combination therein. By housing the toilet below deck, CityLink escapes this fate.

Citylink buses Cambodia

It’s like a first class seat on a 1990s airplane!busbu

17 seats on a bus really isn’t very many, which means that the seats are massive. There are two aisles, with one seat on either side, and a row of three in the back. Because of the single-row seating, this is a great bus to take if you are traveling solo and don’t want to sit next to anyone. The seats are similar to first class recliner seats on domestic flights in the 80s or 90s; they are wide and padded, with a adjustable leg rest and considerable recline. There is, as rumored, a massage feature on every chair.

Each seat has a personal TV that shows programming in English, Mandarin, and Khmer. There is no headphone jack, but the speakers are housed in the headrest so the volume does not need to be very loud to watch a movie. Surprisingly, despite the fact that there were several people on my bus watching movies, the volume in the cabin was lower and less annoying than the standard movie sounds on other buses.

Citylink bus Phnom Penh Siem Reap

Yes, you can play dubiously licensed video games on the trip to Siem Reap!

There’s also a Super Nintendo-style video game controller and a selection of games, including one called Hero Pika that appears to be a counterfeit Mario Brothers, and a possibly legit Popeye. I must confess that I spent more time that I’d like to admit playing phony Mario, but that’s what long bus trips are for, right?

The CityLink staff are also very friendly; there’s a “flight attendant” on board who spent five minutes explaining how I could get my chair to massage me, and when my TV didn’t work, she immediately moved me to another seat. There’s even a buzzer on the armrest in case you want to summon the attendant back to your chair. The WiFi worked like a charm, and because there are so few people on the bus, is much faster than the usual bus Internet speeds. It even was able to maintain a connection when my Cellcard 3g failed me.

That said, my first TV didn’t work, and in my second seat, a large screw fell out of the ceiling and into my lap, which doesn’t inspire confidence. Happily, the driver drove safely and slowly for the entire journey. I am always worried about the bus maintenance and upkeep, though, because most Cambodian bus companies do not seem to place great (or any) emphasis on this. CityLink brough to mind Mekong Express, who despite having an excellent safety record, seem to have buses break down on the side of the road with alarming regularity. There were also quite a lot of stops to pick up and drop off people along the way, although they were speedy.

Citylink Siem Reap Phnom Penh bus

Each aisle only has one seat, making CityLink a good choice for solo travelers or those who don’t like their traveling companions.

Overall, it was a very comfortable ride. Although I suspect that Giant Ibis is more reliable, I would still recommend CityLink, particularly for solo travelers who don’t want to sit next to anybody. Tickets cost $16 (or $14 for the mini-bus) and the trip takes around six-and-a-half hours. Tickets can be purchased from the CityLink offices in Phnom Penh and Siem Reap. I bought mine in the ticket office and would recommend avoiding that particular headache and book online.

In Siem Reap buses arrive and leave from the CityLink office across from Psar Samaki on Road 6. In Phnom Penh, the office is on Street 215, but they will make a quick stop to let people off by the railroad station before dropping off at their office.

CityLink Big Bus Schedule:
Phnom Penh – Siem Reap: 8:30 a.m., 12:30 p.m.
Siem Reap – Phnom Penh: 8:30 a.m.,  12:30 p.m.

CityLink Mini-Bus Schedule:
Phnom Penh – Siem Reap: 7 a.m., 3:30 p.m., 5 p.m.
Siem Reap – Phnom Penh: 7 a.m., 3:30 p.m., 5 p.m.

CityLink Cambodia

#7E Street 215, near Street 156, Phnom Penh
T: 023 939 939; 095 470 470; 0968 470 470
#148Eo National Road 6, opposite Psar Samaki, Siem Reap
T: 063 968 568; 085 470 470; 010 470 470

facebook.com/citylinkcambodia

Attending university (as a foreigner) in Cambodia

Why attend a university in Cambodia? Because you can and it looks interesting on your resume. Roy, an American expat, who is working his way towards a degree in political science at the University of Cambodia, gives us the scoop on going to university in Phnom Penh in the post below.

Get educated at the University of Cambodia.

Get educated at the University of Cambodia.

Getting a degree in Cambodia

Attending university in Cambodia is an adventure and much more interesting than slogging through classes at a community college back home. Right now I’m finishing my second term at University of Cambodia. I love it here; the people are great. While there are a few students here from other ASEAN countries, I’m currently the only Westerner enrolled. Students and teachers all seem initially surprised, but quickly get used to having a barang in class. As a native English speaker, I get asked about pronunciations, definitions and grammar; it’s a bit like being a living dictionary. There are also opportunities where I try to explain the oddities of US politics.

The question I hear most often from my classmates is, “Why are you going to school in Cambodia and why did you decide to attend this school?” I explain that I love the country and the people. My choosing UC is based on instruction in English, the very helpful staff in registration and, if I’m going to travel halfway around the world to go to school, I want to be able to put something on my resume that makes it perfectly clear that I attended a university in Cambodia.

There are no “student visas” in Cambodia but as a student you can get a business/ordinary visa without a work permit. Phnom Penh has several universities that instruct in English, offering associate, bachelor’s, master’s, and doctoral degrees in a variety of topics. I’ll only discuss the two universities that I’ve had firsthand experience with.

University of Cambodia (UC)

www.uc.edu.kh

The University of Cambodia is located 300 meters south of Russian Federation Boulevard on Northbridge Road. The prerequisite to enroll for undergraduate studies is an original or certified copy of your high school diploma and transcripts. If you have an associate’s degree it is possible to receive some transfer credits and it will allow you more flexibility in scheduling your classes. Later you may be required to take an English proficiency test and an entrance exam. View the admissions requirements for University of Cambodia.

The transfer of credits from a Western college or university without a degree is possible, but appears to depend on the dean or department head’s willingness to negotiate with the Ministry of Education. Transfer of credits between Cambodian schools is also problematic and there are limits that vary by school.

Foundation year is required for all students without a degree. It is a fixed track consisting of 12 classes over three terms. While it is not universally standardized, it is theoretically transferable between schools. After foundation year there is some flexibility in class scheduling,  with a maximum of five classes per term.

There are four class schedules, mornings, afternoons, evenings and weekends. Tuition is about $1,300 per year for foreign students. Textbooks are generally less than $5 per class.

Rent near the university is low with many available housing options, however, most are not furnished. Tuk tuks cost about $5 from the school to Riverside or, if you’re not in a hurry, the bus is available for 1,500 riel.

Paññāsāstra University Cambodia

The hallowed halls of Paññāsāstra University can be yours for just $1,800 per year.

Paññāsāstra University of Cambodia (PUC)

www.puc.edu.kh

Paññāsāstra University of Cambodia is located 500 meters south of Independence Monument on Norodom Boulevard. It appears to be academically similar to University of Cambodia but with more Western instructors and staff. Tuition is slightly higher at $1,800 per year for foreign students.

From conversations that I’ve had with one of their deans, this would be my first choice if I was trying to transfer in credits from a foreign university.

Caveats of studying in Cambodia

At UC and PUC, all classes are taught in English. The origin and quality of the English varies by instructor but it is all passable or better. Classes tend to be noisier than in the West, so sitting near the front of the class is advisable. The administration of higher education in Cambodia is very different from what one might be accustomed to elsewhere. When doing anything out of the ordinary, everything seems to be just a bit more difficult than it needs to be. Fortunately the staff and students are helpful and friendly.

This post was written by Roy, an American expat who is working towards a degree in political science in Phnom Penh.

So you’ve found an apartment in Phnom Penh. Now what?

So you’ve been searching for the perfect Phnom Penh apartment for a while, and you’ve finally found it (using our expat guide to Phnom Penh real estate and housing, we assume). Whether you’re moving into a shophouse or a luxury apartment, there are a few things you should do before you sign the lease.

Phnom Penh housing

Phnom Penh is a city awash in housing. Find out what you need to do once you’ve found your pad.

→ Visit the apartment in the evening. Even if you can’t get access to the apartment itself, walk around the neighborhood and see who your neighbors are. You might not notice that you’re directly above a karaoke joint if you have only visited the apartment in the morning, but you will definitely notice once you are locked into a lease and spend your first night there.

→ Negotiate the cost of utilities and any other extras with the landlord. The actual rate for electricity is 820 riel/kWh (this is for users who use more than 100 kw in a month, which is most expats). Landlords will often charge up to 1,500 riel per kw, which can be a $20 to $30 a month difference. Many landlords will also charge a $10 or $20 flat rate for water, when if you paid by your actual usage, the cost would be closer to $2 a month. Insist on paying the going rate before signing the lease. If they refuse, walk. Landlords who rip you off from the get-go are almost certainly going to be a bad landlord in the long run. 

Confirm that the apartment has its own electricity meter. If not, you may end up paying the bill for the entire building. It’s also worth confirming that it actually works; check to see that the numbers are moving. Turn the main power switch for the apartment off and make sure the lights are still on elsewhere in the building.

Negotiate any changes or additions you’d like before you move in. Most landlords are willing to do things like remove furniture or add an air-conditioner before the lease is signed, but are less willing once you’re already ensconced in the apartment.

→ Check the meter readings and make sure that the starting reading is included in your lease or other documentation.

If you are moving into a serviced apartment, make sure you understand what services are provided, and if there any additional fees to cover them. Cable, internet, water, garbage, and security are often covered. A few even cover electricity. Find out in advance so there are no surprises down the line.

Discuss with the landlord if they will provide a cleaner, or if you will need to hire one on your own. Many landlords will prefer you to hire a relative of theirs or someone they know. If you choose to do this, negotiate a price in advance.

→ Document any damage to the apartment at the outset, to have a record for when you move out. Before moving in, get the landlord’s acknowledgement of the damages.

Talk to the landlord and your agent about what the landlord will be responsible for. Many landlords will take care of repairs and painting, but others will consider this the tenant’s responsibility. It’s better to know up front which camp your landlord falls into.

Make sure that the lease details all of the above: utilities rates (unless you are paying the utilities companies directly) who is responsible for repairs, plus an inventory of what furniture the landlord has provided and its condition.

Negotiate the terms for getting your deposit back. Will the landlord let you use it for your last month’s rent? Will they do a walk-through with your on your last day of tenancy and return it then? Make sure this is included on your lease.

Provide your agent or landlord with the required documentation: a copy of your passport, visa and several passport photos that will be registered with the Sangkat that you live in. Some landlords may ask for an employment confirmation letter from your employer.

Agree on the move-in date and sign the lease.

→ Pay a deposit, usually equal to one or two month’s rent. You are not expected to pay your agent if you use one; the landlord will do this.

Want to know more about how to find an apartment in Phnom Penh, recommended real estate agents, and info on buying property? Check out our Phnom Penh expat guide: real estate and housing

How to get from Sihanoukville to Kampot (and vice-versa)

If you can’t decide between a beach town and a river town, why not visit both?Sihanoukville and Kampot are less than 80 miles apart (126km) and the road is in surprisingly good condition. By taxi, the trip takes less than two hours. Here are all of the ways you can get from Kampot and Sihanoukville (and vice-versa).

Durian roundabout Kampot

Head from Sihanoukville to Kampot and check out the famous durian roundabout.

Taxi: private or shared

Taxis from Kampot to Sihanoukville cost $30, although you will almost always be quoted more. Because all transport in Sihanoukville is affected by a mafia-type situation (don’t ask me) taxi prices from Sihanoukville to Kampot are usually $35 to $40. You can book a taxi from Sihanoukville to Kampot or vice-versa online in advance if you want to save yourself the headache of dealing with it in person.

Taxis are usually Toyota Camrys, that can seat four passengers. However, the trunk almost always have a propane, so it will only hold one or two bags. If you have a lot of luggage, you’ll need to keep it in the car so only plan for three passengers.

If you book through your hotel or a travel agent, you will probably pay a surcharge of $5. SUV taxis are also sometimes available for an extra charge. The best way to find a taxi between Kampot and Sihanoukville is to ask a tuk tuk driver, because they invariably have a taxi driver brother or friend. We’ve used a Sihanoukville-based driver named Try, his phone number is 097 666 6051. He does this route often for $30 each way.

Sihanoukville-based taxi driver Mr. Dara does the trip between Kampot and Sihanoukville in either direction for $30. He is very friendly and speaks English and we had a good trip with him recently. He drives a Toyota Camry but has plans to upgrade to a Lexus. His numbers are 016 266 393 and 097 591 8043.

Move to Cambodia reader Kayla recommends Mr. Rany, a Kampot tuk tuk driver whose business card bills him as “the man who connects you with the local.” Rany speaks English and can organize a taxi for $30. His phone number is 092 739 695 and his email address is ranytuktukdriver@gmail.com.

You can also head to Psar Leu [map] in Sihanoukville or at the Kampot bus station [map]. There, you can hire a private taxi directly or wait around for a shared taxi. Shared taxis cost $5 per person, and usually carry six or seven passengers. If you want the front seat, you’ll have to have a seatmate or pay for two seats. Shared taxis offer little in the value or comfort categories, but offer an “authentic Cambodia experience.”

Bus/van

While there are no proper buses currently, there are several van companies that go between Sihanoukville and Kampot. Kampot Tours and Champa Mekong Tours are the most popular with expats.

Kampot Tours and Travel is a Kampot and Vietnam-based travel agency that has a mini-bus service that runs between Kampot and Sihanoukville. The cost is $5 and they run twice daily between Kampot to Sihanoukville. The current times are 8:00 a.m. and 3:30 p.m. from Kampot to Sihanoukville and at 7:30 a.m. and 11:30 a.m. from Sihanoukville to Kampot. As usual it’s best to check the times to make sure they haven’t changed. The trip takes two hours and they offer free pickup. Tickets can be booked at the Kampot Tours office, your hotel or guesthouse or any local travel agent.

Kampot Tours and Travel
One block off the riverside, near Kronat Park, Kampot
T: 092 125 556; 097 982 8756
www.kampottours-travel.com

Tickets on Champa Mekong from Kampot to Sihanoukville cost $5 per person, and includes pickup from your hotel or guesthouse. From Sihanoukville to Kampot the price rises mysteriously to $6, and they will pick you up from the travel agent where you booked the ticket. The vans run at 8:00 a.m., 11:00 a.m., 1:30 p.m., and 3:30 p.m. in both directions. Schedules change regularly, so it’s worth checking.

Champa Mekong Tours
Ek Reach Street (also called Old Market Street. Next to the park, one block in from the riverside), Kampot
T: 023 696 8000

Ochheuteal Street, Sihanoukville [map]
T: 034 693 8282; 016 947 939; 088 520 3167
facebook.com/Champa-Mekong-TravelTours

Expat Q&A: Came for a job, stayed for the pancakes

In this series we talk to Cambodia expats about their lives here, and what they know now that they wish they had known when they first moved to Cambodia. This week we talk with Martin Hablitzel, who moved from Amsterdam to Siem Reap bringing an art event series called PANCART with him.

PANCART Siem Reap

Martin came to Siem Reap for work, but stayed to make pancakes.

MTC: What do you do in Cambodia?

“Starting with the job-thing: I work as a Project Manager in IT with Pactics. My passion remains with PANCART. PANCART was born as an art event series bringing together local and international communities to cherish pancakes and art. It is growing into an art movement with a strong, yet open and welcoming network exploring progressive ways to share with, to learn from and to teach each other. As part of PANCART I invite friends over to a place (my house or public venues), two or three of them present their art — whatever that may be — and the PANCART crew and I make pancakes for everybody.

My life is quite balanced out between a corporate job and a more creative unfolding hobby. I am very lucky that I can work for Pactics, as this company sets sustainable and socially responsible standards and shows that it is also possible to be a successful company while treating employees fairly and using environment-friendly production practices. It is a motivating setup!

In addition, Siem Reap is a great place to innovate and develop my PANCART project further. I get to know and connect people in the art scene and beyond, organize events and build a community in an atmosphere of mutual respect and curiosity for each other.”

Siem Reap PANCART

PANCART is an event series in Siem Reap that aims to bring together local communities through the medium of pancakes and art.

What advice would you give to a new expat moving to Cambodia? What do you wish you had known before you came?

“Moving here was quite straightforward, but only because I have been here once before. In March 2014 I came to Siem Reap for the first time (actually, my first time in Asia at all) and I volunteered as an English teacher for the Cambodian NGO ‘Build your Future Today‘ in Siem Reap. While doing that I fell in love with the country and decided I would come back and live here.

So that is also the advice I would give: Come first and stay for a couple of weeks (I would say at least four) and you will feel and find out if you like it. Cambodia and especially Siem Reap is a beautiful place to move to, with great people, interesting culture and history, but also a poor country. So you should be aware of that. In general Cambodia is an easy country to move to concerning paper work (visa, work permit).”

What things are you doing in Cambodia that you might not be able to do if you were still at home?

“Organizing PANCART seems to be easier here than back home in Europe. For example, some months ago I moved into a huge house that became the pancARTHOUSE. I ‘collect’ art and artists to live and be creative there. This development would not have been possible in Amsterdam where I used to live, as I would just not have been able to afford it. I had already had the idea of a pancARTHOUSE back in Amsterdam before I went to Cambodia the first time after watching a documentary about Andy Warhol’s New York-based ‘Factory.’

When I saw that it was instantly clear to me: “This is PANCART.” Bringing artists together at a place and let them do whatever they want: movies, installations, music album recordings… For now I am very happy that I found the pancARTHOUSE and I am very optimistic that PANCART grows further to become an art movement uniting people and communities who try to work for a better world. Sokuntheary, a Yoga-teacher-to-be, points out why I came to Cambodia and why the evolution of PANCART goes so well:

‘…in the third world and under the hot sun, we tend to live tenderly, smoothly and with the flow of our hearts…’

As PANCART represents also my mission to become more intuitive I found out, a lot of people here in Siem Reap are on the same journey and pancakes and art is just a very good common denominator to synchronize and making awesomethings happen with cooperative vigor.”

Read: Interview with Robert Carmichael, author of When Clouds Fell From the Sky

With When Clouds Fell From the Sky, a book released earlier this year, journalist Robert Carmichael gives a compelling account of a Cambodian diplomat who disappeared in Democratic Kampuchea, and his family’s decades-long search to find out what happened to him during the reign of the Khmer Rouge. If you haven’t read it yet, read our full review of When Clouds Fell From the Sky. I caught up with author Robert Carmichael and talked to him about the book.

Author Robert Carmichael

Author Robert Carmichael in Phnom Penh. Photo by Anna Clare Spelman.

MTC: How did you come to write When Clouds Fell From the Sky?

RC: I didn’t write the first draft until 2012, more than a decade after I first lived in Cambodia. I’d worked here between 2001-2003 as the managing editor of the Phnom Penh Post newspaper. I then left Cambodia — for good, I thought at the time — but ended up returning in early 2009 to cover the war crimes trial of Comrade Duch, the commandant of the Khmer Rouge’s most notorious prison code-named S-21. I met the two women, Martine Lefeuvre and her daughter Neary Ouk, whose life stories are at the center of my book quite by accident over breakfast along the riverside in Phnom Penh just days before Duch’s trial began in 2009. The idea for a book that would encompass Duch’s trial, Neary’s and Martine’s stories, and Cambodia’s history took shape over the following year.

MTC: In the book, you explore the idea of ambiguous loss, and how much pain this lack of closure has caused family members of Khmer Rouge victims. Can you tell us a little bit more about this?

RC: “Ambiguous loss” is a term used to describe how people cope with the disappearance (and presumed death, rather than the provable death) of a loved one — and that was an all-too-common occurrence under the Khmer Rouge. With no proof of death, no body, relatives typically cling to the hope that their loved one is still alive, and that in turn prevents them from being able to mourn properly. Ambiguous loss has been described as “the most devastating [of all losses in personal relationships] because it remains unclear, indeterminate.” It took years before Neary found out what had happened to her father, Ket.

The damage done by ambiguous loss is compounded — as Neary told me of her father’s disappearance into Duch’s prison S-21 — by continually running through in one’s mind all of the horrors to which the victim might have been subjected. In a place like S-21, the list of potential horrors was long indeed.

Martine and Neary When the Clouds Fell

Martine and Neary, whose story When Clouds Fell From the Sky revolves around. Photo courtesy of Neary Ouk.

MTC: Do you think the Khmer Rouge tribunal has been successful in providing closure to victims? What lessons can we learn from the tribunal?

RC: That depends on the person assessing it. For some victims and survivors, it has been a useful, even vital, part of coming to terms with what happened to them or to their loved ones. For others it has varied from less useful to being of no use at all.

For Neary and Martine the tribunal, while imperfect, was helpful on certain levels. But it can never undo what was done, and that impossible task really is the only perfect solution.

As for lessons learned: it’s important to acknowledge that tribunals (or truth and reconciliation commissions, as my country, South Africa, had) are a poor solution for failure to have acted in the first place. And so ultimately what I draw from this tribunal is that we all have a moral obligation to act in order to prevent or minimize crimes against humanity, and it’s far better to do take action at the time than it is to create judicial processes that try a handful of the guilty years later. That’s an argument that I make towards the end of the book.

MTC: In your opinion, does Duch have a true understanding of his own culpability for the crimes that took place at S-21?

RC: During his trial Duch sought to convince the bench and the rest of us that he recognized his culpability, that he would not try to evade responsibility, and that he was truly sorry for what he’d done. But his actions in the final hours of his trial showed that was in some degree bogus, although only Duch knows how much of it was fabricated. Duch’s psychological profile made for interesting reading, and provides a helpful assessment of the man who ran S-21 and the man on trial decades later, which I address in the book.

I do subscribe to the thoughts of witness (and one of Duch’s former prisoners) Francois Bizot, who said that it doesn’t help to look at Duch as a monster, because to do so is to evade important truths about our common humanity. Duch, who is not a sociopath, is no more of a monster than you or me, even though his actions clearly mark him out as someone who went far beyond what most of us think we would do. My feeling is that we shouldn’t be too smug about where we sit and where Duch sits. Had we been in his situation I suspect many of us would have made choices that would have compromised our humanity as his compromised his humanity.

Trying to work out Duch’s motivations at trial is no easy task, and in trying to do so I was helped by two people who know a lot about Duch. The first was academic and writer David Chandler, who told me that he believed Duch did regret what he’d done as a younger man, but that he didn’t see himself as guilty “and there’s a difference.”

Filmmaker Rithy Panh, who spent hundreds of hours interviewing Duch prior to trial, was deeply disappointed at Duch’s switch of defense. Rithy summarized it by saying Duch had “had an opportunity to get back his humanity [during his trial], and he failed.”

S21 Khmer Rouge

S-21, the Khmer Rouge prison, has been turned into a museum (of sorts).

MTC: Reading your book, I got the the distinct sense that his conversion to Christianity was a way to avoid spiritual punishment. Do you think this is the case?

As for the sincerity or otherwise of Duch’s conversion to Christianity: again, that’s a tough one. Duch surely believes it’s genuine, though he clearly doesn’t understand (or conveniently refused to practice) some key Christian concepts such as truth-telling. Frankly it’s hard not to have some cynicism about his conversion given that being baptized and having his sins washed away represented a profound benefit that simply isn’t possible under Buddhism. Duch has always been the most practical of men, and that surely would have appealed to him.

Like most people, Duch has always needed to believe in something bigger than himself — at first that was the purity of mathematics, then the purity of the Khmer Rouge’s revolution, and most recently the purity of Christianity, which he sees as a more potent force than communism because the church in Poland helped drive the demise of the Soviet Union.

MTC: How do you think that the legacy of the Khmer Rouge continues to affect the people of Cambodia and is anything being done to help young people in Cambodia understand what happened?

RC: Some work is being done: the school curriculum in Cambodia now has an excellent textbook — courtesy of DC-Cam and foreign donors — that accurately and fairly explains the causes and consequences of the Khmer Rouge’s rise to power. But there is far more that could and should be done, particularly in areas such as reconciliation, a topic I discuss towards the end of the book.

As for inherited PTSD symptoms: in recent years there has been some fascinating research on atrocity survivors (and their offspring) from a number of countries, and it seems clear that psychological damage is passed on down the generations. That’s easy enough to comprehend with, for example, children learning bad coping mechanisms from PTSD-afflicted parents. But there is another, linked, strand of research that suggests — and this study is very much in its infancy — that traumatic external factors could cause certain genes to mutate, and that this mutation can be passed on to new generations. If that is the case, then the situation of atrocities and their impact on the living is far more complex and damaging than we’ve thought to date.

S21 Toul Sleng Cambodia

Inside S-21, the former high school turned Khmer Rouge torture camp.

MTC: How do you feel about the term genocide being used for the Khmer Rouge atrocities?

RC: That’s a good question because what happened here is so often referred to as genocide that it’s become a truism. But genocide has a specific legal meaning, namely targeting a distinct religious, ethnic, etc group for elimination, and legally that’s not what the Khmer Rouge did, at least as regards the majority ethnic Khmer population.

Cambodia’s population, though, is made up of other groups too, and the trial of the two surviving Khmer Rouge leaders currently underway is assessing whether genocide was committed against ethnic Vietnamese and against Cham Muslims. So it’s likely that at some future date — should either or both of the two defendants live that long — the tribunal will hand down a ruling as to whether elements of Pol Pot’s rule did indeed constitute genocide against those two specific groups.

It’s worth stressing that the tribunal is not considering whether the Khmer Rouge practiced genocide against ethnic Khmers, because the assumption is that you can’t commit genocide against your own kind. Whether the term “genocide” needs an update (perhaps to reflect the Khmer Rouge’s practice of destroying a political class who happened to be composed largely of ethnic Khmers) is another debate, but I can’t see it happening in the near future. Some experts, though, do believe the term ought to be updated to include the act of targeting identifiable political groups, in which case what the Khmer Rouge did in Cambodia surely would qualify as genocide.

When Clouds Fell from the Sky: A Disappearance, A Daughter’s Search and Cambodia’s First War Criminal is available in Cambodia at Monument Books, and for Kindle onAmazon and Amazon UK. For more information, check out whencloudsfell.com.

Read: When Clouds Fell From the Sky by Robert Carmichael

In 1977, Cambodian diplomat Ouk Ket received a letter from the government of Democratic Kampuchea requesting that he return home from his post in Senegal to help rebuild his country. Like many other Khmer intellectuals who were unaware of the horrors taking place behind the country’s closed borders, he returned to Cambodia and was never heard from again. When Clouds Fell From the Sky, a book released this year by journalist Robert Carmichael, is a compelling account of Ket’s family’s decades-long search to find out what happened to him.

Robert Carmichael author

Author Robert Carmichael. Photo by Anna Clare Spelman.

The book masterfully weaves together the stories of Ket’s French wife, Martine, their daughter, Neary; and his executioner, Comrade Duch. By combining Ket’s family’s travails with historical accounts and coverage of the recent Khmer Rouge tribunal, Carmichael has created a riveting portrait of the Khmer Rouge’s rule and now the tribunal’s attempts to reckon with its legacy.

When Clouds Fell From the Sky draws on a daunting array of historical sources and interviews, offering the reader a surprisingly complete view of the Khmer Rouge era. It is the human element, though, that makes the book a page-turner. For example, Neary tells how Martine prepared to travel from France to Switzerland to meet Ket’s former boss at the embassy, now an ambassador for the Khmer Rouge government, in an effort to find out the fate of her husband, who had been missing for two years. Before their meeting, Martine cut her hair in the prescribed Khmer Rouge bob, put on a traditional Cambodian ankle-length silk sampot, and dressed her children in black pajamas and checkered kramas. Stories of Khmer Rouge atrocities can easily overwhelm readers, but this small glimpse of a desperate Frenchwoman cutting her hair and dressing her children as communists in an attempt to get any information about her missing husband is heart-wrenching. All the more so because, despite her efforts, her questions were met with evasions and lies and she had to return home with no news about her husband.

S21 Khmer Rouge

Inside S-21, the high school turned Khmer Rouge prison.

It is in the small details that When Clouds Fell From the Sky comes alive. In addition to Martine and Neary’s story, the book deals with what happened at the S-21 prison and the first Khmer Rouge Tribunal trial of Comrade Duch, which began in 2007. The head of internal security for the Khmer Rouge, Duch’s actions and psychology are described in fascinating detail, as Carmichael tries to understand how this outwardly mundane man came to become the regime’s most notorious executioner.

The portrait that Carmichael paints of Duch and the horrors of the infamous S-21 prison will make your skin crawl. Yet by portraying Ket and his life before S-21 so vividly, the book makes the monstrosities that took place there that much more vivid and horrifying. Duch apparently saw himself not as a vicious killer, but as a highly educated bureaucrat, one so obsessed with numbers and paperwork that he was able to ignore his own culpability and the enormity of his crimes. By the end of the regime, it is believed that more than 10,000 people were killed at S-21, all under Duch’s authority. Yet Duch fervently believes that he was just carrying out orders, doing what needed to be done.

S-21 photos

Photos of just a few of the victims of the Khmer Rouge that passed through S-21.

When Ket left for Democratic Kampuchea, his wife said to him, “If one day I were to learn that you are dead, I will never believe you died a natural death. You will have been murdered.” Ket turned to his wife and said with a smile, “But, honey, Cambodians are not savages.”

Most of us, hearing of the barbarities that took place in Democratic Kampuchea, might be tempted to believe just the opposite. But Carmichael, while not downplaying the atrocities of S-21, deftly makes the case that although Duch committed monstrous acts, he was not a sociopath or a monster. Rather, he was a man who sought a higher calling, and found that calling in his obedience to the Khmer Rouge regime.

When Clouds Fell from the Sky: A Disappearance, A Daughter’s Search and Cambodia’s First War Criminal is available in Cambodia at Monument Books, and for Kindle on Amazon and Amazon UK. I would highly recommend the book to those who might find other historical texts about the period dull or lifeless; I found it hard to put down! For more information, check out whencloudsfell.com. Later this week, we’ll have an interview with author Robert Carmichael on the Move to Cambodia blog.