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

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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