AMBASSADOR MARCIEL URGES CONTINUED DIALOGUE ON

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000143 SIPDIS DEPARTMENT FOR EAP/MLS, P, D, IO PARIS FOR AMB. OLIVER E.O. 12958: DECL: 03/04/2019 TAGS: PREL KJUS KTIA SCUL TH CB SUBJECT: AMBASSADOR MARCIEL URGES CONTINUED DIALOGUE ON PREAH VIHEAR, ATTENTION TO CORRUPTION CONCERNS AT ECCC IN MEETING WITH DPM SOK AN REF: PHNOM PENH 101 Classified By: Ambassador Carol A. Rodley for reasons 1.4 (b) and (d). ¶1. (C) Summary: During a March 3 discussion with Deputy Prime Minister Sok An, EAP Deputy Assistant Secretary and Ambassador for ASEAN Affairs Scot Marciel praised the Cambodian government for working bilaterally with the Thais to find a long-term solution to the Preah Vihear area border dispute, and urged continued dialogue between the two governments. Sok An stated that the next step on Preah Vihear talks included plans for a Joint Border Commission meeting in Phnom Penh in April, and that Cambodia's progress report on the Preah Vihear temple is due to the World Heritage Committee in May. On the Khmer Rouge Tribunal (KRT),Sok An stated that allegations of corruption at the court are an issue internal to Cambodia. Ambassador Marciel repeated the Embassy's message that it is important to address corruption concerns so that they do not distract from the positive efforts of the KRT. The Deputy Prime Minister stated that finalizing a Cambodian anti-corruption law is a priority. Ambassador Marciel agreed with Sok An's point that the law would not be a magic solution to the problem of corruption, but stated that passage of the law will be a positive signal to the Cambodian people and international companies that might consider doing business in Cambodia. End Summary. Preah Vihear: Same Old Song -------------- ¶2. (C) During Ambassador Marciel's March 3 meeting with Deputy Prime Minister (DPM) and Senior Minister to the Council of Ministers Sok An, the DPM communicated many of the same points regarding the Preah Vihear area border dispute as those raised during Ambassador Rodley's courtesy call with the DPM on February 12 (Reftel). The DPM recounted his familiar account of Cambodia's negotiations for the inscription of the Preah Vihear temple as a UNESCO World Heritage site, highlighting the Thai government's modification of its position on the Preah Vihear inscription. DPM Sok An indicated that he believes Thai Prime Minister Abhisit Vejjajiva will revert to using a 2000 Memorandum of Understanding (MOU) between Cambodia and Thailand and related 2003 Terms of Reference (TOR) in discussions concerning the Preah Vihear border area. Both agreements refer to a map drawn in 1904-1907 (published in 1908),that was accepted by the International Court of Justice (ICJ) in 1962 as a basis for ruling that the Preah Vihear temple was within Cambodia's borders. Sok An reasoned that Abhisit was chair of the Democrat Party when the MOU was signed, and stated that Abhisit had recently referred to the MOU during February 27 talks with Prime Minister Hun Sen. ¶3. (C) However, the DPM stated that a point of continued disagreement with the Thai government is whether the temple should be referred to as "Khao Pra Viharn," the name for Preah Vihear used by the Thai, or "the temple of Preah Vihear," as Sok An stated the ICJ referred to it. The DPM stated that Thailand insists on discussing this point further with the Royal Government of Cambodia (RGC). Sok An commented several times that Thai government officials were "singing the same old song" regarding the Thai government's position on the Preah Vihear dispute while Thai troops remain on Cambodian soil. Preah Vihear: April JBC Talks; May UNESCO Progress Report Deadline -------------- -------------- ¶4. (C) Despite DPM Sok An's expression of frustration over drawn-out negotiations regarding Preah Vihear, he seemed optimistic about the prospects for a resolution through bilateral dialogue. He stated that the next step is Cambodia-Thai Joint Boundary Commission (JBC) meetings in April in Phnom Penh during which the JBC will focus on negotiating the positioning of border posts. Ambassador Marciel encouraged Cambodia to continue to try to resolve the Preah Vihear issue through dialogue with the Thai government. Sok An requested U.S. assistance in preparing a progress report on Preah Vihear management due to UNESCO in May, and stated that the RGC seeks support such as U.S. National Park Service Specialist Richard Sussman's help in drafting a February 2008 progress report on a Preah Vihear management PHNOM PENH 00000143 002 OF 002 plan. Ambassador Marciel stated that the USG can explore the possibility of support for drafting the May report. (Comment: Post's view is that Sussman's participation would not be useful at this juncture. End comment.) DPM Not Keen to Discuss KRT Corruption Allegations -------------- -------------- ¶5. (C) DPM Sok An was quick to reiterate the five successes of the Khmer Rouge Tribunal (KRT) (Reftel),or the Extraordinary Chambers in the Courts of Cambodia (ECCC),as it is officially known. However, when Ambassador Marciel encouraged the RGC to work with the UN to address the issue of corruption within the KRT to prevent such concerns from detracting from the positive efforts of the court, Sok An quickly responded that this was an issue about which he had "already told" visiting UN Office of Legal Affairs Assistant Secretary Peter Taksoe-Jensen that he did "not want to discuss." In response to Ambassador Marciel's statement that the ECCC Administrative Director (Sean Visoth) staying out of the KRT process (because of allegations connecting him to the corruption claims) is good for the KRT's credibility, the DPM changed the subject to Cambodia's progress on drafting an Anti-Corruption Law. Anti-Corruption Law An RGC Priority -------------- ¶6. (C) The DPM stated that after the drafting of a penal code, the Anti-Corruption Law is the RGC's number two priority law. He stated that his staff has traveled to Singapore and Hong Kong to learn from those countries' model mechanisms for fighting corruption. He said RGC delegates took particular notice of Hong Kong's Independent Commission Against Corruption (ICAC) as an example of what the RGC considers to be one of the most efficient model anti-corruption mechanisms. He stated that in drafting Cambodia's law, RGC officials have learned from these models and also models from Malaysia, Vietnam, and China. Ambassador Marciel agreed with Sok An's point that a law in and of itself would not be a panacea for the problem of corruption, but stated that passage of an anti-corruption law will be a positive signal to the Cambodian people and international companies that might consider doing business in Cambodia. Sok An noted the top priority law, the Penal Code, was already completed and would soon go to the Council of Ministers in advance of transmission to the National Assembly. (Note: Sok An stated that the RGC's number three priority law is an NGO law. End note.) Comment -------------- ¶7. (C) While Sok An communicated Cambodia's intention to continue working bilaterally with the Thai government to find a resolution to the Preah Vihear area border issue, his hopeful repetition of Cambodia's legal arguments based on the 1962 ICJ decision and 1904-1907 survey map may be overly optimistic. However, the RGC appears to understand that a long-term solution must be based on political considerations, and that legal and technical arguments can be a face-saving way to bring the two countries closer to resolution. RODLEY