DPM SOK AN IS FIRM BUT PATIENT ON THAI BORDER

C O N F I D E N T I A L SECTION 01 OF 03 PHNOM PENH 000101

SIPDIS

STATE FOR EAP/MLS, P, D, IO, EEB
PARIS FOR AMB. OLIVER

E.O. 12958: DECL: 02/13/2019
TAGS: PREL ENRG KJUS KTIA EPET PINR SCUL TH CB
SUBJECT: DPM SOK AN IS FIRM BUT PATIENT ON THAI BORDER
DISPUTE, DOWNPLAYS KRT CORRUPTION

Classified By: AMBASSADOR CAROL A. RODLEY FOR REASONS 1.4 (B,D)


1. (C) SUMMARY: In an initial courtesy call on Deputy Prime
Minister Sok An February 12, the Ambassador emphasized the
U.S. commitment to a re-invigorated and growing relationship
with Cambodia and support for the Khmer Rouge Tribunal. Sok
An outlined mixed developments in negotiations with the Royal
Thai Government (RTG) over the disputed border in the
vicinity of UNESCO World Heritage Preah Vihear temple. The
Ambassador questioned whether the Royal Government of
Cambodia (RGC) should go forward with plans to reverse an
earlier decision and now exclude Thailand from the Preah
Vihear International Coordinating Committee (ICC) required by
UNESCO inscription. DPM Sok An indicated that the ongoing
negotiation regarding renewal of the Chevron offshore oil
concession was going well and that the two sides were seeking
compromises on taxation of oil revenues and the development
of an action plan to start oil well drilling so that
Cambodia's "money does not sleep under the sea." END
SUMMARY.

Excellent Relations; RGC Counts on "President of World" Obama
-------------- --------------


2. (SBU) The Ambassador and DPM Sok An agreed that the
U.S.-Cambodia bilateral relationship is better than ever
before. The Ambassador noted that the USG now has better and
deeper relations with the RGC compared to her previous tour
in Cambodia nine years earlier when relations were
characterized by mistrust and suspicion. The DPM
acknowledged the current bilateral cooperation enjoyed by
both countries and mentioned that he is looking forward to
implementation of a USAID-supported economic growth program
based on an agreement he signed with Deputy Secretary
Negroponte in September 2008. The Ambassador commented that
restoring the U.S. economy is the top priority of the Obama
administration and that the current financial picture is far
different from the period just five months ago when the
economic development agreement was signed. She went on to
say that American economic recovery will have implications
for Cambodia given the interrelated nature of both economies.
The Ambassador noted that when Americans are unemployed and
not buying shirts, orders for Cambodian garment manufacturers
decrease and both countries feel the consequences of the
economic crisis. DPM Sok An replied that President Obama is
viewed as not only the President of the U.S., but also "the
President of the world" because the situation in the U.S. has
a profound impact on other countries and this is evident in
Cambodia.

KRT: Some Success, But Need to Prevent Corruption
-------------- --------------


3. (C) The Ambassador commended DPM Sok An for the amazing
progress that has been achieved on the Khmer Rouge Tribunal,
officially called the Extraordinary Chambers in the Courts of
Cambodia (ECCC). She confirmed that she will attend the
opening hearing at the KRT on February 17. The DPM
reiterated the "five successes" of the KRT thus far and noted
achievements of the KRT compared to other international war
crimes tribunals: the speedy arrest of 100 percent of the
accused; the inclusion of victims as civil parties in the
trial; the relatively minimal cost; significant national and
international participation; and the timely establishment of
internal rules by the court's judges. Noting that there are
well-understood "problems in the ECCC" (NOTE: an allusion to
salary kickback allegations against ECCC Director Sean Visoth
and calls for his removal. END NOTE),the DPM went on to say
that the RGC could only make decisions with respect for the
rule of law and due process. "Our friends want us to act (to
dismiss Sean Visoth, who is currently on an indefinite sick
leave),but we cannot do this without due process of law," he
said. The Ambassador acknowledged the court's achievements,
but emphasized the importance of the national and
international communities maintaining confidence in the
integrity of the court and that the reputation of the
administrative side will affect the reputation of the
judicial side. Noting that the matter was essentially a
political question based on the lack of confidence in an
individual, the Ambassador called on Sok An to continue to
show leadership on the issues of corruption within the KRT.
(NOTE: In a room full of more than ten Sok An staffers,
neither side mentioned Sean Visoth by name. END NOTE.) The
DPM replied that corruption exists in every country and that
this complication within the scope of the larger KRT is a

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relatively small point. He added that few people have been
part of the tribunal process since its beginning in the
mid-1990s (as Sean Visoth has),implying that Sean Visoth had
a significant role to play and not closing the door on his
return.

Tensions at Preah Vihear
--------------


4. (C) The DPM emphasized Cambodia's good will, sincerity,
flexibility, respect for the rule of law, and resolve
regarding the tensions at Preah Vihear -- despite the Thai
"incursion" onto Cambodia's territory last July -- and he
repeated Cambodia's position that they will defend the
territorial boundaries and cultural heritage of Cambodia.
However, he added that the Cambodian position was to continue
to have good bilateral relations with Thailand in all areas.
The UNESCO inscription of Preah Vihear last July which had
been agreed to by Thai authorities at that time in Quebec was
an issue of culture and heritage, not a boundary issue. DPM
Sok An again expressed the gratitude of the Cambodian
government to Ambassador Oliver and A/S Anderson in joining a
multilateral group to broker the UNESCO inscription by a
consensus of 21 nations on the UNESCO inscription committee.
Sok An reviewed the UNESCO policy that inscription of the
Preah Vihear temple did not require a "buffer zone" around
the temple with well-defined borders. However, he recalled
the 1962 decision by the International Court of Justice that
the Preah Vihear temple complex belonged to Cambodia. He
noted pointedly that the ICJ decision made no reference to
"Khao Pra Viharn," the name for Preah Vihear used by the Thai
and an ongoing source of disagreement which surfaced during
February 3-4 bilateral border talks in Bangkok.


5. (SBU) The DPM stated that the Cambodia-Thai Joint
Boundary Commission (JBC) will continue meetings the second
week of April and will focus on negotiating the border marker
posts installed by the French early in the last century. To
date, 48 markers have been located out of the 73 known to
have been installed; the RTG and RGC have agreed in principle
to accept the locations of 33 of the marker posts so far, he
said.

Thailand as Member of ICC
--------------


6. (C) The DPM discussed Cambodia's plans to revise its
position, after the Thai "incursion" into Cambodian territory
last July 15, to exclude Thailand from membership on the ICC.
The Ambassador asserted that an ICC without Thailand's
participation seemed like an untenable proposition given that
most of the currently available access to Preah Vihear is
through Thailand.

Offshore Oil Development and Renewal of Chevron's Concession
-------------- --------------


7. (C) Although the Ambassador and DPM were not able to
discuss the issue of offshore oil development in detail
during this initial meeting, the Ambassador asked about the
status of Chevron's bid to renew its concession on Bloc A.
The DPM averred that he had a good discussion with Chevron
Asia Pacific President James Blackwell recently and had
promised to work with the Ministry of Economy and Finance on
an expeditious compromise on oil revenue taxation. (NOTE:
Since Chevron signed its first concession agreement with
Cambodia the government has been pushing for a law to
increase taxes on oil revenue. In the renewal of the
concession, Chevron is seeking the same treatment as in the
original agreement. END NOTE.) Commenting on the need for
its first big concession-holder to start pumping oil, Sok An
said that Cambodia "does not want our money to sleep under
the sea." Complaining that they initially thought production
would begin in 2009, but were then told 2010, and now that it
would be 2011 before oil production begins, he noted the RGC
requested a Plan of Action from Chevron. He half-jokingly
requested that the USG prod Chevron to start oil production
soon.

Biographical Note
--------------


8. (SBU) Sok An stated that his four sons are now grown up,
have graduated from college and are successful. His third
son (a twin, Sokan) works for the DPM as an aide and attended

PHNOM PENH 00000101 003 OF 003


this meeting. His fourth son graduated first in his class
from a university in Switzerland with a degree in Tourism and
Hotel Management, and is now an assistant in the Department
of Tourism and Industry. The DPM mentioned that his daughter
already had two children, and noted his son-in-law works in
the Foreign Ministry in its inspectorate. Sok An stated that
now that his children are grown, he no longer has to "find
them jobs" but instead can work for his government and
country. Another of Sok An's twin sons (Soken) is married to
the daughter of Senior Minister Cham Prasidh, and serves as
the latter's Chief of Cabinet.

COMMENT:
--------------


9. (C) Sok An was well briefed and prepared to engage on
subjects of importance in this first meeting. The Cambodian
chair of the JBC, Senior Minister Var Kim Hong, sat next to
him and reminded Sok An of recent developments in the Preah
Vihear border negotiations. The DPM went on at length about
moments in the negotiations over UNESCO inscription where the
Thai either tried to ignore the rules of the game or agreed
to a point, only to reverse themselves later. Nonetheless,
he exhibited patience and understanding for the fractious
political situation in Thailand. Sok An seemed to take on
board the notion that the Thai must be a part of the ICC. On
the KRT, Sok An was just as inscrutable as he has always been
these past few months on the fate of Sean Visoth. In the
meantime, Visoth appears to be well away from the court on an
extended sick leave and the UN staff at the ECCC are
satisfied with this arrangement.
RODLEY