Identifier
Created
Classification
Origin
06PHNOMPENH1934
2006-10-25 11:06:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Phnom Penh
Cable title:  

A/S LOWENKRON MEETS OPPOSITION LEADER SAM RAINSY

Tags:  PGOV PHUM PREL CB 
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VZCZCXRO9534
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #1934/01 2981106
ZNR UUUUU ZZH
O 251106Z OCT 06
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7514
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHGV/USMISSION GENEVA 1548
RUCNDT/USMISSION USUN NEW YORK 2187
UNCLAS SECTION 01 OF 03 PHNOM PENH 001934 

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR EAP/MLS, DRL AND EAP/RSP

E.O. 12958: N/A
TAGS: PGOV PHUM PREL CB
SUBJECT: A/S LOWENKRON MEETS OPPOSITION LEADER SAM RAINSY
AND CIVIL SOCIETY REPS

REF: A. PHNOM PENH 1908

B. PHNOM PENH 1871

UNCLAS SECTION 01 OF 03 PHNOM PENH 001934

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR EAP/MLS, DRL AND EAP/RSP

E.O. 12958: N/A
TAGS: PGOV PHUM PREL CB
SUBJECT: A/S LOWENKRON MEETS OPPOSITION LEADER SAM RAINSY
AND CIVIL SOCIETY REPS

REF: A. PHNOM PENH 1908

B. PHNOM PENH 1871


1. (SBU) Summary. On October 16 and 17, A/S Lowenkron met
with various leaders of Cambodia's civil society, union
leaders and labor experts, and opposition party leader Sam
Rainsy. Human rights leaders discussed impunity, the
difficulties involved in the RGC's proposal to form a human
rights commission (reftel B) as well as problems surrounding
upcoming elections in 2007 and 2008. They underscored the
need for the continued presence of the UN's Human Rights
Office in Phnom Penh, which PM Hun Sen has urged be closed
(reftel A). NGO legal reform representatives described the
underfunding of the justice system. Khmer Rouge tribunal
discussions centered on the Extraordinary Chambers of the
Court of Cambodia's (ECCC) positive early track record, and
the need for more USG involvement. Union leaders and ILO
representatives focused on poor enforcement of Cambodia's
labor laws, union competition, and recent violence at a local
garment factory. Lowenkron addressed a public forum in
Kandal province organized by the Cambodian Center for Human
Rights. End Summary.

UNOHCHR Should Stay; Human Rights Challenges
--------------


2. (SBU) At the Ambassador's residence on October 16,
Lowenkron met with leaders of local human rights NGOs
LICADHO, The Cambodian Defenders' Project (CDP),and ADHOC,
and Margo Picken, the director of the UNOHCHR Cambodia
Office. Margo Picken discussed the recent verbal attacks on
her office as well as against UN Special Representative for
Cambodia Yash Ghai by Prime Minister Hun Sen, who
periodically has called for the UN to close the office. She
agreed that her office's mandate should be examined after the
2008 general elections; but argued that ending the mandate
now would send the wrong signal. Because of upcoming
elections and the ECCC's high-profile role in examining the
Khmer Rouge genocide, she added that Cambodia is entering a
volatile political period. The Cambodian NGOs agreed that
they had seen progress in human rights in the past 15 years
since UNTAC's arrival in 1991, including the RGC's May 2006
decision to modify the UNTAC criminal code and decriminalize

defamation. Government critics, however, are still jailed
using disinformation and incitement laws. The CDP
representative added that impunity and corruption remain
major problems for Cambodian society, with little action by
the RGC to address serious legal reform or pass a strong
anti-corruption law.


3. (SBU) Lowenkron asked about the RGC's proposed national
human rights commission, and NGO impressions regarding its
ability to address Cambodia's many human rights issues.
Because of the lack of independent nstitutions in Cambodia,
the leaders of LICADHO and ADHOC opined that forming a
credible national human rights body would be difficult.
Lowenkron noted his suspicion of human rights commissions in
countries that lack independent democratic institutions. NGO
leaders also discussed the draft NGO law and concerns that it
could be used to restrict their activities; Lowenkron added
that there is a worldwide crackdown on NGOs using
legislation. The NGOs criticized the government for the case
of Tieng Narith, a possibly mentally ill former professor at
a local Phnom Penh university, who was jailed on
disinformation charges for writing a book critical of the
government.


4. (SBU) During an October 16 lunch with representatives of
NGOs working on rule of law issues in Cambodia, Lowenkron
learned of the tremendous underfunding of the Ministry of
Justice and Cambodian judicial system. The low salaries of
judges, prosecutors, and clerks act as an incentive for
bribe-taking to ensure personal economic survival, said Peter
Harris of the East-West Management Institute. Yeng Virak of
the Community Legal Education Center raised the issue of
regulations limiting the number of new lawyers who can be
admitted to the Cambodian Bar every year, which restricts the
legal talent available to the public. The NGO
representatives expressed strong skepticism about the RGC's
proposed national human rights commission, which they offered
is being contemplated as part of the RGC's plan to convince
the UN that the UNOHCHR office is no longer needed.


5. (SBU) On October 17, Lowenkron delivered prepared
remarks about human rights and democracy to a crowd of 400
Cambodians assembled at a Cambodian Center for Human Rights
public forum in Kandal province. The remarks were

PHNOM PENH 00001934 002 OF 003


well-received and elicited audience questions regarding
democracy and the freedoms enjoyed by citizens. Lowenkron
said that town halls like the CCHR public forum also took
place in the U.S., though he does not know if such town halls
were as well-attended in the U.S. Also in attendance were
Kek Galabru, president of LICADHO, and Son Soubert, a member
of the Constitutional Council of Cambodia. Both urged people
to vote in the upcoming April 2007 commune elections.

Voter Registration Difficulties; Opposition Party Concerns
-------------- --------------


6. (SBU) On October 17, Lowenkron met representatives of
NDI, IRI, and local election monitoring NGOs COMFREL and
NITFEC. COMFREL and NITFEC officials discussed their work
educating voters about the rules and regulations surrounding
the election process. According to both organizations, crime
and land disputes appear to be the biggest issues on the
minds of voters as they consider candidates for the upcoming
April 2007 commune elections. The IRI representative stated
that their recent poll found two-thirds of voters thought the
country was headed in the right direction and one-third
believed Cambodia was on the wrong path. According to the
NDI representative, the opposition Sam Rainsy Party (SRP) has
indeed become stronger because of the party's internal
reforms. Concerning the still- ongoing commune election
voter registration, COMFREL added that only 70% of the
population had picture IDs -- not 80% as the government
claims -- which is making registration more difficult for
rural applicants who lack access to photographic shops. The
need to register at a voter's birthplace, NITFEC continued,
was also making registration more difficult for people who
have moved to other districts.


7. (SBU) At a meeting at the headquarters of the Sam Rainsy
Party, the opposition leader thanked Lowenkron for meeting
him and asked that the USG use its influence to push the
Cambodian government to adopt further reforms. MP Tioulong
Saumura, Sam Rainsy's wife, described internal reforms
efforts in the party that had made the party more democratic.
She said the party's health is stronger than it has ever
been thanks to these reforms; she also thanked NDI and IRI
for their help in this effort. While explaining his
electoral strategy of reaching out to young voters, Sam
Rainsy spoke of the importance of the upcoming commune
elections. He also explained that he was concerned about
China's growing influence in Cambodia and how money from oil
and a possible bauxite find will be used.

Labor Issues
--------------


8. (SBU) Two chief Technical Advisors from the
International Labor Organization (ILO) briefed Lowenkron on
recent minimum wage negotiations in the garment sector and
USAID-funded ILO activities. The Better Factories Project is
increasing productivity while conducting unannounced
monitoring of working conditions at garment factories. The
ILO reps noted that child labor is not a concern in the
garment sector, but remains an issue elsewhere in the
Cambodian economy. Lowenkron was impressed with the workings
of the Arbritation Council and its role in mediating labor
disputes. ILO's John Richotte expressed concern about the
draft Law on the creation of a Labor Court, and its
implications in neutralizing the Arbitration Council. The
two ILO representatives also discussed the unresolved 2004
murder of union leader Chea Vichea, and asked Lowenkron to
examine the case of the two men who many believe were wrongly
convicted of the crime.


9. (SBU) Restrictions on freedom of association, poor
enforcement of labor law, inter-union feuds, and recent
violence at a garment factory topped labor leaders' concerns
during a lunch with Lowenkron. Ly Korm, president of the
independent tourism sector union CTSWF, expressed frustration
with the Ministry of Labor's failure to intervene when
management at a casino in Poipet dismissed union members
during an organizing effort. Pro-opposition union leader
Chea Mony warned that, "in the future, democracy in Cambodia
will exist in name only," if the government does not
institute a fair judicial process and fully enforce workers'
rights to assemble. Som Aun, president of the pro-government
garment union CLUF, said that some factories went beyond the
law because their owners had the support of high-ranking
officials, leading unions to lose at court. Moreover, he
said violence and intimidation between unions was also a
serious problem. Rong Chhun, president of the pro-opposition

PHNOM PENH 00001934 003 OF 003


teachers' union, highlighted violence on October 15 at Bright
Sky Garment Factory, alleging that police had fired randomly
at workers during an illegal strike. In his remarks, the A/S
emphasized that the way governments treat their workers is a
window into the strength of a democracy.

Khmer Rouge Tribunal
--------------


10. (SBU) Lowenkron met Heather Ryan from the Open Society
Justice Initiative, who is monitoring the ECCC. Ryan
informed him that the members of the ECCC believe that seven
to ten people will be identified for trial. The statute for
the Tribunal limits prosecution to the senior leadership of
the Khmer Rouge as well as those most responsible for acts of
genocide and crimes against humanity. Both the investigating
judges and prosecutors have been working since July, and are
making progress in interviewing witnesses and doing the
preliminary work to prepare cases for trial. Robert Petit,
the international Co-Prosecutor, has indicated that he
expects to take someone into custody by the end of the year,
according to Ryan. Because the death penalty is prohibited
under the Cambodian Constitution, Ryan stated that she
expected life sentences for those convicted. She also added
that Cambodian staff is being trained and hopes will be
brought up to speed by their international counterparts; once
the trials are over, she hopes that the Cambodian staff will
increase the professionalism of the Cambodian courts.


11. (SBU) Ryan identified many areas of concern in the
operation of the KRT, noting that she has provided the
information in a report to donors (Note: This information
will be e-mailed to Washington separately. End Note.) The
three-year budget is insufficient to fully establish the
court and fund all of its needs adequately; as a result, the
ECCC's administration is already cutting corners and seeking
additional funds from donors. The lack of political
independence of the Cambodian judiciary could become a
problem, she warned, if the trial expands beyond the small
group of Khmer Rouge leaders who are expected to be tried.
But she added the international members of the ECCC do not
intend to take part in a trial influenced by Cambodian
politics. Ryan added that an adequate budget and staff for
the witness protection function of the court is lacking.
Ryan urged USG help for witness protection, legal training to
the ECCC and media/NGO outreach -- all are areas that are
underfunded and worthy of USG investment.


12. (SBU) During an October 17 visit to the ECCC, Lowenkron
met with Sean Vissoth, Director of Administration; William
Smith, Deputy Co-Prosecutor; and Chea Leang, Cambodian
Co-Prosecutor. Responding to Lowenkron's question, Vissoth
said that plans are being made to televise the trials.
Witness protection is an issue of concern, but a former ICTY
staff member with experience in witness protection has
recently been selected to assist with this function at the
ECCC. Smith emphasized that ECCC's mandate is shorter than
either the Yugoslavia or Rwanda tribunals, adding that three
years is doable but will leave little margin for error. In
other international tribunals, he continued, mistakes were
made and took time to ultimately correct. For the ECCC, the
budget is lower and timeframe is shorter; therefore, the ECCC
administration is trying to ensure that all budgetary
decisions are prioritized properly and the court managed as
efficiently as possible. Aside from budgetary realities, the
ECCC has mixed professionals from the international and
Cambodian legal systems; harmonizing a domestic civil law
system with international law also will be a challenge.


13. (U) The A/S did not have the opportunity to clear this
message before his departure.




MUSSOMELI