UN HUMAN RIGHTS REP BRIEFS COMS ON MARCH 18-28

UNCLAS SECTION 01 OF 02 PHNOM PENH 000598 SIPDIS SENSITIVE SIPDIS STATE FOR EAP/MLS; GENEVA FOR RMA E.O. 12958: N/A TAGS: PHUM KJUS PREL EAID CB SUBJECT: UN HUMAN RIGHTS REP BRIEFS COMS ON MARCH 18-28 VISIT TO CAMBODIA ¶1. (SBU) Summary. UN Special Representative for Human Rights Yash Ghai met with COMs on March 24 to provide an outbrief of his meetings during his recent assessment visit. Ghai is not able to fully assess the political changes since his last visit but is willing to proceed on the assumption that the government is genuinely trying to improve; he hopes those positive changes will be reflected institutionally. The issues of greatest concern remain the same as outlined in his earlier report: judicial independence, legal revisions and updates to major laws, a number of pieces of stalled legislation, land disputes, use of criminal defamation to intimidate political opponents, and ensuring Cambodia's new laws are consistent with the Constitution and international treaties. The Russian, Japanese, and Australian Ambassadors urged that Ghai's report more positively reflect the changed political atmosphere since 2005. Ghai said no one with whom he met in the government had negative comments concerning his earlier report. End Summary. Yash Ghai Discusses Human Rights -------------- ¶2. (SBU) On March 24, UN Special Representative for Human Rights Yash Ghai briefed COMs on his visit to Cambodia, and ensuing discussions with RGC officials, NGOs, and donors regarding recent political developments in Cambodia. The purpose of the visit, he said, was to get feedback on his earlier report (January 2006) and to compile updated information and recommendations for the Cambodian government before he submits them to the 62nd session of the Commission on Human Rights. (Note: Ghai explained that the uncertainty surrounding the Human Rights Commission's status could mean that his report is not submitted until June. End note.) Ghai began his presentation by noting that virtually all his discussions had touched on the significance of recent political developments. He had received many explanations, ranging from the government having undergone a fundamental change for the right reasons, to no real change at all -- simply a re-alignment of political forces without any change in political objectives. Irrespective of why there has been a change, Ghai continued, it is important that it is reflected in rules and institutions. The foundation is quite fragile, and depends on the will of one person -- the Prime Minister. ¶3. (SBU) Ghai said that he sees no reason to change the fundamental nature of his earlier report, as the issues identified as most challenging and problematic remain; e.g., judicial independence, legal revisions and updates to major laws, a number of pieces of legislation are stalled, land disputes, use of criminal defamation to intimidate political opponents. On the issue of legal independence, Ghai said that the PM's Iron Fist policy meant to promote the government's commitment to an independent judiciary may have been counterproductive. Prosecutors became nervous about being singled out and therefore erred on the side of maximum sentencing -- the result is that the prisons are fuller than before but that alone is not a sign of judicial independence. ¶4. (SBU) On the issue of land grabbing and illegal concessions, Ghai noted that his predecessor, Peter Leuprecht, had done much research on land concessions and their impact on indigenous peoples. Ghai said that today the situation remains unchanged. The delays in policy decisions on protecting these lands means that there is more time for the lands of indigenous peoples to be taken away from them. The issue is divided among too many ministries, none of whom will take responsibility for it. Ghai said that people are increasingly reluctant to take their cases to court because of a lack of trust in the judiciary. Those who have gone to court believe their position is worse at the end of the case than before. Wealthy, well-connected people, those in government, the police and the military are involved in land grabbing and there is nothing to stop them. The UN rep criticized the recently proposed Land Authority as being more a policy-making body than a dispute resolution body. The new Authority is comprised of people suspected of involvement in land grabbing, he added. ¶5. (SBU) Yash Ghai criticized the slow progress on passage of eight laws deemed by the donors as a priority, and urged donors to hold the government to a strict timetable. On the question of criminal defamation, Ghai said that Article 63 of the UNTAC law had been used to charge human rights activists and others in 2005. The PM had committed to repealing it, and the Ministry of Justice has indicated that they have PHNOM PENH 00000598 002 OF 002 advised judges and prosecutors not to rely on Article 63. Ghai noted that the recent MOJ instructions on Article 63, however, are unclear, and one could easily interpret the instructions as simply a repetition of Article 63. Ghai related that he discussed the issue of criminal defamation with the team re-drafting the criminal code, and that he had differences with them over the proposed language. ¶6. (SBU) On freedom of association and assembly, Yash Ghai said he had very positive discussions with the government on these issues. It is important these freedoms are protected in the new codes being drafted, but there is an advantage to separate legislation on freedom of assembly, as some countries have done. The RGC is not rushing to produce the legislation, but is willing to allow groups to contribute input to a new bill. He said there would be further consultations and was pleased with the RGC's reassurances. Ghai noted he had helped other countries draft similar legislation and had offered Cambodia the same assistance. The Government had assured him they want to facilitate assembly, not suppress it; Ghai recognizes there are questions of state security and is sympathetic to RGC concerns. ¶7. (SBU) Ghai said another objective of his was to ensure that the new laws being drafted for Cambodia are consistent with the Constitution and international treaties. He met with the Constitutional Council during his visit, but said that they will probably not play an important oversight role in that regard. The Constitutional Council cannot initiate an inquiry or review, but can only respond to a request from an institution; it is not easy to invoke their involvement, he said. Consistency may have to be ensured through a different mechanism, and Ghai may make a recommendation. Donor Response -------------- ¶8. (SBU) Ghai said that he had heard from some donors during the course of his consultations that perhaps the government's dramatic turnaround in January 2006 warranted a reward for the Prime Minister. In Ghai's opinion, rewards are dangerous as they could encourage the PM to crack down, ease up on the pressure, and once again take credit for being a generous leader. Giving money to the government imparts a responsibility on all donors to ensure human rights are respected in Cambodia, continued Ghai; human rights are not just words in treaties and agreements. ¶9. (SBU) The Australian COM urged Ghai to update his report with the changed status of the human rights activists, as all had now been released. She noted that the Consultative Group references were out of date and should be updated in light of the March 2006 CG meeting. She argued that the donors were advising the government to adhere to its commitment to complete the eight laws in 2006. Another possible area for Ghai's attention might be impunity, she added. The French Ambassador said it was important to encourage the National Assembly role and their responsibilities; the report should not focus entirely on the government. Ghai acknowledged he needs to meet more MPs and Committee heads within the National Assembly. Japan's Ambassador warned that the government may see Ghai's report as negatively biased and that the UN rep should also look for some positive things to say; the Australian and Russian Ambassadors agreed. Ghai responded that his meetings with the MOI and MOJ were very cordial; DPM Sar Kheng characterized the report as very fair and the Minister of Justice said the report was good for Cambodia. The Constitutional Council thought it was also fine. Minister of Women's Affairs Ing Kantha Phavi had urged the UN rep to focus more on gender issues. Mussomeli