UN HUMAN RIGHTS REP YASH GHAI VISITS CAMBODIA,

UNCLAS SECTION 01 OF 02 PHNOM PENH 000752

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E.O. 12958: N/A
TAGS: PHUM PREL KDEM KJUS CB
SUBJECT: UN HUMAN RIGHTS REP YASH GHAI VISITS CAMBODIA,
MEETS WITH DPM SAR KHENG


1. (SBU) Summary. On May 31, UN Special Rapporteur for
Human Rights Yash Ghai briefed the diplomatic corps regarding
his visit to Cambodia and his meeting earlier the same day
with DPM and Minister of Interior Sar Kheng, and fielded
questions regarding his draft report on Cambodia. Yash Ghai
is scheduled to speak before the Human Rights Council on June

12. He told diplomats that he would add positive comments
regarding the peaceful nature of the April 1 commune council
elections as well as Cambodia become signatory to the
optional protocol against torture to his report -- both
events having occurred after his initial draft report of
January 2007. The RGC has provided Ghai with written
comments to the report, but those were reportedly still being
translated from Khmei to English as of last week. End
Summary.

Yash Ghai Meets with Sar Kheng
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2. (SBU) UN Special Rapporteur for Human Rights for
Cambodia Yash Ghai visited the country during the last week
of May, meeting with a wide array of NGOs, diplomats,
political figures, international organizations, and Minister
of Interior Sar Kheng. Human rights NGOs used the visit to
underscore continuing concerns on the part of civil society
regarding the poor state of the judiciary, the climate of
impunity, increased conflicts over land, threats to freedom
of association and speech, and the lack of police progress in
resolving high-profile killings. ADHOC and LICADHO called on
the UN Human Rights Council to renew Yash Ghai's mandate, as
the RGC has failed to respond to any of the recommendations
outlined in Yash Ghai's earlier reports, they claim. The
draft report of the UN human rights representative will be
presented to the Human Rights Council on June 12, and Yash
Ghai's visit to Cambodia was a final effort to receive public
comment, update the report, and receive RGC reaction.


3. (U) The RGC countered the NGO statement with its own
criticism of Yash Ghai's report, calling it unbalanced and
claiming that it ignored many positive elements of the human
rights environment in Cambodia. Ghai had asked for meetings
with a number of senior RGC officials, including PM Hun Sen
and the Ministers of Justice and Interior. Prior to Ghai's
arrival, acting head of the UN Human Rights Office in
Cambodia Henrik Stenman told us that the RGC had not
identified anyone to meet with Yash Ghai. Stenman said that
some RGC sources had indicated that senior advisor to the PM
on human rights matters, Om Yentieng, might be delegated by
the RGC to receive Ghai, but the UN office was not optimistic
that anyone would grant Ghai a meeting.


4. (SBU) On May 31, the last day of Ghai's visit, the RGC
sent a last-minute invitation to Ghai to meet with MOI Sar
Kheng in mid-afternoon -- the same time that Ghai was
scheduled to meet with the diplomatic corps. As a result,
the embassy representatives were shifted to just after the
Sar Kheng meeting, which allowed for a readout of Yash Ghai's
meeting with the MOI. In briefing the diplomatic corps, Ghai
said that Sar Kheng's chief complaint was that the UN rep had
not given the RGC adequate credit for progress in the human
rights environment in Cambodia. The MOI took particular
exception to Yash Ghai's allegation that the human rights
breaches were "systemic." Ghai said that he countered by
explaining that the subordination of the judiciary by the
executive branch did result in fundamental and systemic
abuses of basic human rights. Sar Kheng also reportedly told
Ghai that the international community repeatedly praises the
government for positive developments in the human rights
situation compared with other countries in the region. The
MOI promised to provide Yash Ghai with specific comments on
the draft report once they had been translated from Khmei to
English.


5. (SBU) Yash Ghai told diplomats that he would present his
findings on June 12 to the Human Rights Council in Geneva.
He noted that he would add references to the peaceful commune
council elections but noted that NGOs remain concerned over
the lack of independence of the National Election Committee
as well as the involvement of government authorities in
electoral activities. Ghai said he remains worried over the
proposed legislation on the right to peacefully assemble,
noting the difficulties that civil society organizations face
in trying to get RGC permission to hold demonstrations. The

PHNOM PENH 00000752 002 OF 002


MOI told Ghai that the RGC only refuses permission when they
are aware that there will be violence or problems. In
response to factory union leader Hy Vuthy's murder, the MOI
assured Ghai that an investigation was underway.


6. (SBU) Ghai said that he conveyed to Sar Kheng that he
(Ghai) took no pleasure in criticizing the government, and
that he would add references to the April 1 elections as well
as Cambodia's signing on to the Optional Protocol to the
Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment, which Cambodia ratified in
January 2007 -- both items took place following the release
of Ghai's preliminary draft and the UN rep said the final
report would reference both topics. Ghai added that he
advised Sar Kheng that the RGC might make use of Ghai's
expertise to improve the human rights situation in Cambodia;
the MOI was noncommittal.

Donor/Diplomatic Response
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7. (SBU) Donors agreed that there was much in Ghai's report
that was accurate; Canada welcomed the emphasis on land and
the rights of indigenous peoples. The UK Ambassador said
that his government had commissioned two reports on human
rights and governance, respectively. The Australian
Ambassador was pleased that Ghai would be adding some more
positive elements to the report, noting that if it's cast in
a less critical light, the RGC might be more receptive. The
Australian Ambassador questioned Ghai's recommendation that
criminal laws relating to defamation, disinformation, and
incitement be repealed when many countries have such laws on
the books; Ghai responded that Western nations with such laws
rarely, if ever, have enforced them in recent times. He
added that in a country that lacks proper judicial
institutions, there are no safeguards -- better to remove
such laws. UNDP outlined many electoral concerns; Ghai said
that his mission had focused on elections for the first time
and that he had recommendations for 2008.

Comment
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8. (SBU) Ghai was pleased that he had an opportunity to
meet with a senior RGC official during his visit, although he
clearly stands behind his report. He noted that he will
reference separately the RGC's comments regarding his report
when he delivers his presentation in Geneva, but made no
promises about "correcting" the report -- something the RGC
has requested. The RGC likely decided that it was better for
someone senior in the RGC to meet with Ghai and provide an
official point of view, rather than having the special
representative appear before the Council in Geneva saying the
RGC had refused a meeting and ignored the draft report. End
Comment.
MUSSOMELI