CAMBODIAN OPPOSITION LEADER ON HUN SEN'S RECENT

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000700

SIPDIS

SIPDIS

STATE FOR EAP/MLS; GENEVA FOR RMA; NSC FOR HOLLY MORROW

E.O. 12958: DECL: 04/12/2016
TAGS: PGOV PHUM PREL KDEM KCOR CB
SUBJECT: CAMBODIAN OPPOSITION LEADER ON HUN SEN'S RECENT
ACTIONS, PROMISES

REF: PHNOM PENH 675

Classified By: Pol/Econ Chief Margaret McKean, Reason 1.4 (b) and (d)


1. (C) Summary. Opposition leader Sam Rainsy told the
Ambassador on April 12 that he remains encouraged by his
interactions with Hun Sen on land issues and opposition
inclusion in the National Electoral Commission, but the key
test of the PM's willingness to implement meaningful reforms
will be his handling of the anti-corruption legislation and
establishment of a truly independent mechanism to tackle
corruption. On April 21, the Council of Ministers will vote
to decriminalize defamation within Article 63 of the UNTAC
law, and pave the way for its decriminalization within the
draft penal code. Rainsy agreed that a National Assembly
resolution on Burma would be useful, and that Hun Sen will
need to be pushed to ensure CPP agreement. Rainsy assured us
that while he's towing a softer line towards the government,
his principles and political objectives have not changed.
End Summary.

Land, Defamation, and the Opposition
--------------


2. (C) On April 12, the Ambassador and Pol/Econ Chief met
with opposition leader Sam Rainsy and wife Tioulong Saumura
to discuss recent developments and Rainsy's continuing
discussions with Hun Sen on greater inclusion of the
opposition in the country's political life. Rainsy noted
that things are moving apace on the Land Authority, which had
held a three-hour planning meeting on April 10. Rainsy said
that DPM Sok An and SRP representative Eng Chhay Eang were on
the same page on a number of issues facing the body,
including the need for the Land Authority to have judicial
authority as well as agreement on televising the Authority's
proceedings. Rainsy and Saumura are aware that the PM's
office is quietly cataloging land ownership province by
province, to better understand the land ownership picture and
how much land government authorities actually own. They will
not question anyone's right to property unless it is
contested by someone else; the Authority will not try to
redress previous land deals no matter how suspect unless
there is a competing interest that is brought before the Land
Authority. Rainsy said that so far, he remains cautiously
optimistic that the Authority will make progress on settling
land disputes. It will take time, he continued, but they
will begin with the easier complaints to build a case history
and pattern of success before moving on to the more
politically sensitive ones. Saumura noted reports that
villagers jailed over land disputes have been released on the
PM's orders as further evidence that Hun Sen is serious about
resolving land problems.


3. (C) On anti-corruption, Rainsy is less certain about
prospects for success and urged the Embassy and other donors
to continue to insist on changes to the anti-corruption
legislation. Rainsy offered that he believes Hun Sen
realizes the situation requires action, but does not
understand how to tackle corruption without upsetting the
very structure that keeps the PM in power. Rainsy recalled
his earlier dinner at the French Ambassador's residence,
wherein Rainsy and DPM Sok An discussed battling corruption.
According to Rainsy, the DPM said the process must unfold
slowly; Cambodia is like a rusty boat but one cannot remove
all the rust at once for fear of tipping over the boat.
Rainsy fears that the PM will be tempted to undertake half
measures and make an example of a few individuals. The
problem is far greater and will require a more comprehensive
solution; otherwise, he added, nothing will change and the
country will remain impoverished. The Ambassador noted that
he had provided Hun Sen with the donor community's suggested
changes, adding that the PM had agreed they should be
incorporated into the law. Rainsy said it will be important
to maintain pressure on the government to implement them.


4. (C) On defamation and treatment of the opposition,
Rainsy said the upcoming Council of Minister's meeting on
April 21 will focus on three topics: first, the COM will
amend the National Electoral Commission law to expand the
number of participants from five (President, Vice-President,
and three members) to nine, following the 5-2-2 formula.
Thus, the three political parties will be represented in the
same proportions as the 2003 election results. A newly
constituted NEC would supervise not only the 2007 communal
council elections but also the 2008 elections. Secondly, the
COM will vote on the amended Article 63 of the UNTAC law that

PHNOM PENH 00000700 002 OF 002


will decriminalize defamation removing references to prison
time. Rainsy said that once this happens, it will be easier
for Hun Sen to follow through on his commitment to the
Ambassador to remove defamation from the draft penal code.
Finally, the COM will review the Ministry of Interior's
directive on electing village chiefs. Rainsy said that
rather than have the communal councils elect village chiefs,
the government should look at which parties have the majority
of members on communal councils and apportion the village
chiefs within those communes accordingly. The Sam Rainsy
Party only controls 13% of the communal councils, but they
are willing to accept that formulation.

Burma
--------------


5. (C) Rainsy mentioned that he and Hun Sen have discussed
Burma. Hun Sen has told Rainsy that Cambodia cannot afford
to be held back by Burma, and that the PM intends to
participate in the ASEAN-US meetings in Hanoi later this
year. The Ambassador said that we have been in contact with
SRP MP Son Chhay, who is now the Chairman of the National
Assembly's Foreign Affairs Commission, regarding the
possibility of a NA resolution on Burma. Rainsy noted that
the CPP might not be supportive of a resolution without Hun
Sen's express consent. Ambassador responded that the PM had
initially resisted, but then turned noncommittal when we
raised the issue with him. Rainsy offered that Hun Sen
frequently changes his mind on issues once he has had the
time to weigh the pros and cons and consult more thoroughly.
Saumura suggested that the resolution focus primarily on the
humanitarian situation in Burma, and less so on human rights.
Rainsy urged us to work closely with Son Chhay, and the SRP
will try to be helpful. The Ambassador made it clear that
the Embassy would not lessen pressure on Hun Sen on domestic
issues of concern to the USG in exchange for assistance on
the international front.

Comment
--------------


6. (C) Rainsy remains pleased with political developments
and the RGC actions taken thus far to give the opposition a
greater role in Cambodia's political life. Like us, he is
worried that the PM will find it difficult to live up to the
tough message he continues to deliver on corruption. We look
forward to the results of the April 21 Council of Minister's
meeting; the PM had told us that Article 63 and the NEC law
would be discussed, but had not mentioned changing the
procedures for electing the village chiefs. We will continue
to work with the SRP on Burma, as Rainsy can be helpful in
reinforcing our messages. Rainsy and his wife indicated they
will be in country during DAS Eric John's upcoming visit, and
look forward to meeting with him. End comment.
Mussomeli