UN HIGH COMMISSIONER: HUMAN RIGHTS CENTRAL TO

UNCLAS SECTION 01 OF 02 PHNOM PENH 000982

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EAP/MLS; GENEVA FOR RMA

E.O. 12958: N/A
TAGS: PHUM PREL KJUS CB
SUBJECT: UN HIGH COMMISSIONER: HUMAN RIGHTS CENTRAL TO
UN'S WORK



1. (SBU) Summary. During her May 13-19 visit to Cambodia,
UN High Commissioner for Human Rights Louise Arbour's agenda
focused on the consolidation of democracy and rule of law, as
well as the independence of the judiciary. She defended the
work of UNSYG Special Representative (SRSG) Yash Ghai, and
urged greater support from the diplomatic community in Phnom
Penh for the UN Office for Human Rights. She met with PM Hun
Sen and other senior government officials, NGOs and the
diplomatic corps during her visit. Hun Sen's office
characterized her visit as positive and productive. The High
Commissioner noted that Cambodia's civil society was
committed to Cambodia's democratic and economic development,
and should be safeguarded and supported by the government.
The Khmer Rouge Tribunal, she concluded, represents an
opportunity to press for greater respect for international
standards of justice in Cambodia, despite the Cambodian
judiciary's shortcomings. Ms. Arbour's visit helped set a
better tone for work between the RGC and the UN on human
rights, but did not resolve the lingering issue of the RGC's
disdain for the SRSG. End Summary.

UN High Commissioner for Human Rights Visits Cambodia
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2. (U) UN High Commissioner for Human Rights Louise Arbour
visited Cambodia from May 13-19, meeting a variety of
government officials, including Prime Minister Hun Sen, DPM
Sok An, Minister of Interior Sar Kheng, and Minister of
Justice Ang Vong Vattana. In addition to government
officials, Arbour met with a broad range of civil society
leaders, the diplomatic community, and representatives of the
Khmer Rouge Tribunal. The PM's office characterized Louise
Arbour as a good partner and promised to work more closely
with the United Nations on human rights issues, although the
PM was mute on the subject of meeting with the Secretary
General's Special representative for Human Rights, Yash Ghai.
The PM's human rights advisor, Om Yentieng, told reporters
that the government did not have a quarrel with the UN, only
with Yash Ghai whom Om Yentieng noted did not represent the
UN. The PM's spokesman, Eang Sophalleth, assured the press
that the government had no intention of closing the UN human
rights office in Phnom Penh. Arbour also reportedly asked
the PM to report to her any problems with the UN human rights
office in order to avert possible misunderstandings in the
future.


3. (U) In a meeting with the diplomatic community prior to
her departure, the UN High Commissioner opened her remarks by
placing Cambodia into the broader perspective of the UN's
mission. Noting that the UN Secretary General has expressed
his support for human rights as the third pillar (alongside
development and security) of the UN's work, she underscored
the "mainstreaming" of human rights as a central UN theme.
She quoted the UNSG as saying that there cannot be security
without development, nor development without security, and
one cannot have either without human rights. Arbour said
that while much has been done to affirm the Universal
Declaration of Human Rights, little has been done to empower
stakeholders to insist on their rights. Governments are duty
bearers in the support of human rights, she continued, and
have obligations as a result of signing international
treaties. The language may be an irritant and a burden to
governments, acknowledged Arbour, but the UN has a legal
requirement to speak with governments as the responsible
parties for upholding human rights in their respective
countries.


4. (SBU) The new Human Rights Council (HRC) will inherit
the old resolutions concerning Cambodia and other countries
with Special Representatives (currently numbering more than
40),which may be modified in the future, said Arbour. The
UN High Commissioner, however, said the first year will be
busy for the new HRC, and she does not envision major changes
in approach to any single country. Arbour anticipates that
the mandates for all countries will likely continue so there
are no gaps in protection, and each will be subject to
further review in the future. Arbour noted that she received
no definitive indication from the PM that he would meet with
Yash Ghai in the future or revise his opinion of the work of
the SRSG. She stressed that Cambodia had been well served by
the various SRSGs and the twin mandates of both the SRSG and
the Human Rights Office in Cambodia rested with the new Human
Rights Council -- neither is within the discretion of the
Cambodian government to abolish.


5. (SBU) Arbour added that collectively, the Special

PHNOM PENH 00000982 002 OF 002


Representatives and the UN Human Rights Office had produced a
solid blueprint outlining the country's shortcomings and what
is needed for Cambodia to become a full democracy. The UN
Human Rights office is in Cambodia to assist the human rights
agenda, including analysis on the many issues (e.g., land
rights, corruption) that have been documented over the years.
Arbour noted that she focused much of her attention of the
judiciary during her visit because it is the crucial
institution by which citizens may call the government to
account. She urged the diplomatic community to remain strong
advocates of the role of civil society, and to monitor
closely government activities (legislation restricting NGO
activities, freedom of expression and freedom of assembly)
that may curtail civil society and human rights activists.


6. (SBU) Looking ahead towards the Khmer Rouge Tribunal's
opening, Arbour said that there is every reason to look at
this as an opportunity. The Tribunal will put Cambodia's
judiciary in the spotlight, and she urged the international
community to capitalize on the Tribunal to launch greater
respect for international standards of justice.

Comment
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7. (SBU) Despite the PM office's positive spin on Arbour's
meeting with Hun Sen, the UN High Commissioner staunchly
defended not only Yash Ghai's work as SRSG, but the work of
his predecessors. There was no breakthrough concerning the
Prime Minister's attitude towards Yash Ghai, but Arbour laid
down a clear marker signaling her support for Ghai. She
informally urged donors to be more unified in their support
for the work of the Phnom Penh-based UN Human Rights Office.
We heard informally that in the PM's meeting with Arbour, Hun
Sen mentioned that he had been asked to intervene with the
Burmese military junta to press for democratic reform,
although there was no mention that the request had come from
the USG. End Comment.
STORELLA