AMBASSADOR'S MEETING WITH DPM AND FM HOR NAMHONG

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000579 SIPDIS STATE FOR EAP/MLS, D, P E.O. 12958: DECL: 08/10/2019 TAGS: PGOV PREL CB SUBJECT: AMBASSADOR'S MEETING WITH DPM AND FM HOR NAMHONG REF: A. PHNOM PENH 564 ¶B. PHNOM PENH 555 ¶C. PHNOM PENH 549 ¶D. PHNOM PENH 489 ¶E. PHNOM PENH 469 Classified By: CHARGE D'AFFAIRES THEODORE ALLEGRA FOR REASONS 1.4 (B, D) ¶1. (C) SUMMARY: During an August 10 meeting, Deputy Prime Minister and Minister of Foreign Affairs Hor Namhong expressed to the Ambassador Cambodia's deep appreciation for recent initiatives with the USG such as the Lower Mekong Ministerial, concurred that an anti-corruption mechanism for the Khmer Rouge Tribunal is useful and important, and noted full cooperation on the upcoming visit of U.S. Senator Jim Webb. On the subject of recent defamation lawsuits, Hor Namhong's view that they are an important recourse to irresponsible uses of free speech conflicted with the Ambassador's position that they unnecessarily constrict political freedoms. END SUMMARY. Defamation and Free Expression -------------- ¶2. (C) Ambassador expressed her concern that the recent aggressive prosecution of cases of defamation and incitement were having a chilling affect on free speech in Cambodia. She highlighted that these actions not only create an environment that is intimidating for Cambodian civil society, but that also attracts negative publicity outside Cambodia. While the Ambassador noted that public figures are sometimes attacked unfairly, she stressed that they need to be tolerant of reasonable criticism, and should develop a "thick skin." She maintained that public figures should be subject to wider and deeper criticism than private citizens. ¶3. (C) Hor Namhong agreed that freedom of expression needs to be respected, but noted that recourse to the court system must be available when the public discourse reaches beyond fair accusations. He pressed the point that freedom of expression has a limit and that there is an obligation to respect the dignity of others. He quipped that "your right to freedom of expression stops at the point where the rights of other people start." He also remarked that Cambodian defamation laws were similar to those held in European countries such as France. While the Ambassador agreed that a balance had to be struck between freedom of expression and responsible reporting, the point of equilibrium remained in disagreement. Hor Namhong argued that these lawsuits were necessary to defend honor and dignity, and in perhaps demonstrating a recognition of "- or exasperation with"- the media's role, he remarked that "everything is criticized here." ¶4. (C) Hor Namhong promised to look into any actions aimed specifically at lawyers, agreeing that the right of lawyers to freely represent clients is fundamental to a democracy. He also agreed that criticism of public figures is acceptable as long as it focused on their public duties. Although he agreed with the Ambassador that criticism of public figures is more acceptable than personal attacks on private citizens, Hor Namhong defended the recent defamation lawsuits on largely the same grounds we have heard from other senior government officials. ECCC Anti-Corruption Mechanism: Awaits U.N. Approval -------------- -------------- ¶5. (C) The Ambassador briefed that the Ambassador at Large for War Crimes Clint Williamson last week had facilitated Deputy Prime Minister Sok An's decision to sign an agreement with the United Nations on an anti-corruption mechanism at the Extraordinary Chambers in the Courts of Cambodia (ECCC),the Khmer Rouge Tribunal (Ref A). The Ambassador expressed her hope that U.N. Assistant Secretary General Peter Taksoe Jensen would sign the agreement and that the United Nations would make an announcement on the agreement this week. ¶6. (C) Hor Namhong remarked that he was skeptical about the underlying reasons for the creation of the anti-corruption mechanism, stating that several audits had not revealed any evidence of corruption. At the same time, Hor Namhong was optimistic that the mechanism could prevent any future acts of corruption while also serving to make the ECCC more transparent. ¶7. (C) Hor Namhong also requested additional contributions from the U.S. for the ECCC, adding that U.S. support would serve U.S. interests. He stated that the USG's public image on this issue was damaged by the political support that the U.S. had given to the Khmer Rouge regime after it fell from power in 1979, and that contributions to the ECCC would repair public opinion. Next Steps for the Lower Mekong Ministerial -------------- ¶8. (C) Hor Namhong expressed interest in the U.S. Lower Mekong Ministerial in which he participated last month in Phuket, Thailand PHNOM PENH 00000579 002 OF 002 and thanked Secretary Clinton for her efforts to inaugurate it. The next step was to appoint Working Group experts. He stated that the members hadn't decided where to meet next year, but he expressed strong interest in hosting a meeting in Phnom Penh. ¶9. (C) Hor Namhong, who also supervises the national Mekong Commission, expressed keen interest in the sister-river partnership between the Mekong and Mississippi River Commissions. He stated that the Mekong River and the Tonle Sap constitute "the livelihood of the Cambodian people." He expressed his concern about environmental issues, such as seasonal flooding and pollution, and hoped that the sister-river partnership could lead to better management of the Mekong River. The Ambassador presented to Hor Namhong a DVD that was developed by the U.S. Geological Survey (USGS) titled "Forecast Cambodia" which specifically discusses the global climate's impact on Cambodia. Ambassador Announces Senator Webb Visit -------------- ¶10. (C) The Ambassador informed Hor Namhong that U.S. Senator Jim Webb, Chairman of the Asian Subcommittee in the Senate Foreign Relation Committee, was expected to arrive in Cambodia on August 18. The Ambassador noted that this will be Senator Webb's first visit to Cambodia and an excellent opportunity for a key U.S. policy maker to observe the progress that Cambodia has achieved. Hor Namhong welcomed the visit and wished that more visitors would come to Cambodia, stating that it's "better to come see the realities of Cambodia than look at the internet and the media." He also expressed his satisfaction that, as each year passed bilateral relations were continuing to improve. ¶11. (C) COMMENT: Hor Namhong spoke candidly and openly, and when he didn't have a response to a specific concern he directed his staff to find the answers. He was generally agreeable and, even regarding the most contentious issue - the defamation lawsuits - he continually stressed and recognized that freedoms of expression were important rights central to democratic governments. ALLEGRA