AMBASSADOR TO DPM SAR KHENG: CAN SUCCESSFUL

C O N F I D E N T I A L PHNOM PENH 000229 SIPDIS SENSITIVE SIPDIS STATE FOR D, EAP, EAP/MLS, G/TIP, AND DRL BANGKOK FOR MICHAEL HEATH E.O. 12958: DECL: 03/04/2018 TAGS: PGOV PHUM PREL KWMN CACS CB SUBJECT: AMBASSADOR TO DPM SAR KHENG: CAN SUCCESSFUL APPROACH ON TIP EXTEND TO LAND DISPUTES? REF: A. PHNOM PENH 207 - 2008 TRAFFICKING IN PERSONS REPORT FOR CAMBODIA ¶B. PHNOM PENH 179 - CAMBODIAN ANTI-TIP LAW PASSED AND PROMULGATED ¶C. 07 PHNOM PENH 1026 ¶D. 07 PHNOM PENH 961 Classified By: Political Officer Janet Deutsch for reasons 1.4 (b, d) ¶1. (SBU) Summary: On March 3, the Ambassador praised Cambodian Deputy Prime Minister and Minister of Interior Sar Kheng and the RGC for a strong commitment to combating trafficking in persons over the past year. The Ambassador noted the many achievements the Cambodian government has made including passage of a comprehensive anti-TIP law; the establishment of the National Task Force to combat TIP; and the removal of Appeals Court Judge Ly Vouch Leng based on suspicions of corruption in connection with a trafficking case. The Ambassador recommended that the RGC consider extending the transparent approach taken in tackling TIP to Cambodia's challenging issues regarding land disputes and evictions. American citizens are being drawn into land disputes, and in the past month alone, two land dispute cases involving Amcits have been reported to the Embassy. Land disputes have the potential to be destabilizing, and could have a chilling effect on investment. The Ambassador's message that the Cambodian government should be more transparent in dealing with land disputes and evictions was openly received by the Deputy Prime Minister. End summary. Ambassador Commends Sar Kheng on TIP -------------- ¶2. (SBU) The Ambassador thanked the DPM for his personal commitment to the issue of trafficking, which has been a driving force behind the many successes achieved over the past year. Specifically, the Ambassador commended passage of the comprehensive anti-TIP law (Ref B); the establishment of the National Task Force to combat TIP (Ref C); and the removal of Appeals Court Judge Ly Vouch Leng based on suspicions of corruption in connection with a trafficking case (Ref D). The Ambassador thanked Sar Kheng for his ministry's efforts to transparently provide information and statistics to the U.S. The National Task Force has also openly and cooperatively offered TIP information to the embassy, and has provided periodic TIP activity reports. The DPM plays a leading role in Cambodia's activities to combat TIP, serving as chair of the government's "High Level Working Group" or "Leading Task Force," which leads the country's anti-TIP efforts and functions as an oversight mechanism to the National Task Force. During the meeting, the Ambassador informed Sar Kheng that the embassy submitted to G/TIP a recommendation that the Cambodian anti-TIP National Task Force be considered a best practice for the 2008 TIP Report. DPM Sar Kheng received the news with apparent delight. The DPM stated that Cambodia's TIP progress is made possible by the "cooperative efforts" of the United States and Cambodia. Thai PM Visit -- A Chance to Coordinate on TIP -------------- - ¶3. (SBU) Exemplifying the Cambodian government's proactive anti-TIP efforts, DPM Sar Kheng updated the Ambassador on RGC conversations regarding TIP with newly-elected Thai Prime Minister Samak Sundaravej during the Thai PM's March 3-4 visit to Cambodia. Sar Kheng stated that the Thai PM and the RGC discussed the possibility of setting up a "joint mechanism" between Cambodia and Thailand for formal discussions on TIP issues. (NOTE: The governments of Cambodia and Thailand signed an anti-TIP cooperation MOU in 2003 calling on both governments to cooperate in investigations on domestic and cross-border trafficking, to repatriate TIP victims through diplomatic channels, and to promote bilateral cooperation in judicial procedures against trafficking. END NOTE.) Specifically, the DPM stated that the RGC would like to continue the dialogue with Thailand during future meetings about joint anti-TIP activities, and also to look at how economic development of the border provinces could help prevent trafficking. The DPM did not provide details on activities but stated that they have had "good cooperative efforts fighting TIP" with Thailand. Ambassador Requests TIP-Like Transparency on Land Issues -------------- -------------- ¶4. (SBU) Turning to the sensitive issue of land disputes and evictions, the Ambassador expressed his hope that the Cambodian government would approach this sensitive area with the same transparency it has TIP. The Ambassador noted that the embassy continues to receive unsettling complaints on land cases, several of which have come to us from American citizens who are caught up in disputes. (NOTE: Embassy will report on these cases septel. END NOTE.) As Americans and other international business people are drawn into land disputes, it could have a chilling effect on investment. The Ambassador also expressed concern that land disputes and evictions could negatively impact Cambodia's stability. The DPM responded that he agreed in principle that forced evictions should not take place "at all" and especially not without compensation. He stated that sometimes evictions cannot be avoided and that the government has instructions for how people are to be moved off land, and has government authorities designated to deal with the issue. However, Sar Kheng confided, the authorities on these issues "have not always conducted resolutions properly." ¶5. (SBU) Sar Kheng made reference to two recent Phnom Penh land dispute cases in areas known as "Dey Krahorm" and "Russei Keo." In the case of Dey Krahorm, the DPM told the Ambassador that this was a case where local authorities were about to evict community members but he ordered the authorities not to proceed with the eviction. On last month's Russei Keo eviction, the DPM stated that he has not yet received a report from his staff on the incident and what to do about it. He stated that he accepts the Ambassador's request for transparency and he will forward this request to the government. Comment -------------- ¶6. (C) DPM Sar Kheng continues to be a vital ally on TIP and he deserves our praise for the strides the RGC has made over the past several months. Regarding land disputes and evictions, the Minister of Interior does not necessarily hold the power to resolve disputes. However, we believe the Ambassador's request provides Sar Kheng with a hook to raise the issue with the PM and other DPMs, such as Sok An. The all-of-government approach and strong senior leadership which have helped the government address TIP could be a useful model for dealing with the complex and troubling range of issues relating to land. MUSSOMELI