VZCZCXRO1839
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0700/01 1030524
ZNY CCCCC ZZH
O 130524Z APR 06
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6473
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHKO/AMEMBASSY TOKYO PRIORITY 3060
RHHMUNA/HQ USPACOM  PRIORITY
RHEHNSC/NSC WASHDC PRIORITY 0025
RUEHGV/USMISSION GENEVA PRIORITY 1403

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000700 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EAP/MLS; GENEVA FOR RMA; NSC FOR HOLLY MORROW 
 
E.O. 12958: DECL: 04/12/2016 
TAGS: PGOV PHUM PREL KDEM KCOR CB
SUBJECT: CAMBODIAN OPPOSITION LEADER ON HUN SEN'S RECENT 
ACTIONS, PROMISES 
 
REF: PHNOM PENH 675 
 
Classified By: Pol/Econ Chief Margaret McKean, Reason 1.4 (b) and (d) 
 
 ¶1.  (C)  Summary.  Opposition leader Sam Rainsy told the 
Ambassador on April 12 that he remains encouraged by his 
interactions with Hun Sen on land issues and opposition 
inclusion in the National Electoral Commission, but the key 
test of the PM's willingness to implement meaningful reforms 
will be his handling of the anti-corruption legislation and 
establishment of a truly independent mechanism to tackle 
corruption.  On April 21, the Council of Ministers will vote 
to decriminalize defamation within Article 63 of the UNTAC 
law, and pave the way for its decriminalization within the 
draft penal code.  Rainsy agreed that a National Assembly 
resolution on Burma would be useful, and that Hun Sen will 
need to be pushed to ensure CPP agreement.  Rainsy assured us 
that while he's towing a softer line towards the government, 
his principles and political objectives have not changed. 
End Summary. 
 
Land, Defamation, and the Opposition 
------------------------------------ 
 
¶2.  (C)   On April 12, the Ambassador and Pol/Econ Chief met 
with opposition leader Sam Rainsy and wife Tioulong Saumura 
to discuss recent developments and Rainsy's continuing 
discussions with Hun Sen on greater inclusion of the 
opposition in the country's political life.  Rainsy noted 
that things are moving apace on the Land Authority, which had 
held a three-hour planning meeting on April 10.  Rainsy said 
that DPM Sok An and SRP representative Eng Chhay Eang were on 
the same page on a number of issues facing the body, 
including the need for the Land Authority to have judicial 
authority as well as agreement on televising the Authority's 
proceedings.  Rainsy and Saumura are aware that the PM's 
office is quietly cataloging land ownership province by 
province, to better understand the land ownership picture and 
how much land government authorities actually own.  They will 
not question anyone's right to property unless it is 
contested by someone else; the Authority will not try to 
redress previous land deals no matter how suspect unless 
there is a competing interest that is brought before the Land 
Authority.  Rainsy said that so far, he remains cautiously 
optimistic that the Authority will make progress on settling 
land disputes.  It will take time, he continued, but they 
will begin with the easier complaints to build a case history 
and pattern of success before moving on to the more 
politically sensitive ones.  Saumura noted reports that 
villagers jailed over land disputes have been released on the 
PM's orders as further evidence that Hun Sen is serious about 
resolving land problems. 
 
¶3.  (C)  On anti-corruption, Rainsy is less certain about 
prospects for success and urged the Embassy and other donors 
to continue to insist on changes to the anti-corruption 
legislation.  Rainsy offered that he believes Hun Sen 
realizes the situation requires action, but does not 
understand how to tackle corruption without upsetting the 
very structure that keeps the PM in power.  Rainsy recalled 
his earlier dinner at the French Ambassador's residence, 
wherein Rainsy and DPM Sok An discussed battling corruption. 
According to Rainsy, the DPM said the process must unfold 
slowly; Cambodia is like a rusty boat but one cannot remove 
all the rust at once for fear of tipping over the boat. 
Rainsy fears that the PM will be tempted to undertake half 
measures and make an example of a few individuals.  The 
problem is far greater and will require a more comprehensive 
solution; otherwise, he added, nothing will change and the 
country will remain impoverished.  The Ambassador noted that 
he had provided Hun Sen with the donor community's suggested 
changes, adding that the PM had agreed they should be 
incorporated into the law.  Rainsy said it will be important 
to maintain pressure on the government to implement them. 
 
¶4.  (C)  On defamation and treatment of the opposition, 
Rainsy said the upcoming Council of Minister's meeting on 
April 21 will focus on three topics:  first, the COM will 
amend the National Electoral Commission law to expand the 
number of participants from five (President, Vice-President, 
and three members) to nine, following the 5-2-2 formula. 
Thus, the three political parties will be represented in the 
same proportions as the 2003 election results.  A newly 
constituted NEC would supervise not only the 2007 communal 
council elections but also the 2008 elections.  Secondly, the 
COM will vote on the amended Article 63 of the UNTAC law that 
 
PHNOM PENH 00000700  002 OF 002 
 
 
will decriminalize defamation removing references to prison 
time.  Rainsy said that once this happens, it will be easier 
for Hun Sen to follow through on his commitment to the 
Ambassador to remove defamation from the draft penal code. 
Finally, the COM will review the Ministry of Interior's 
directive on electing village chiefs.  Rainsy said that 
rather than have the communal councils elect village chiefs, 
the government should look at which parties have the majority 
of members on communal councils and apportion the village 
chiefs within those communes accordingly.  The Sam Rainsy 
Party only controls 13% of the communal councils, but they 
are willing to accept that formulation. 
 
Burma 
----- 
 
¶5.  (C)  Rainsy mentioned that he and Hun Sen have discussed 
Burma.  Hun Sen has told Rainsy that Cambodia cannot afford 
to be held back by Burma, and that the PM intends to 
participate in the ASEAN-US meetings in Hanoi later this 
year.  The Ambassador said that we have been in contact with 
SRP MP Son Chhay, who is now the Chairman of the National 
Assembly's Foreign Affairs Commission, regarding the 
possibility of a NA resolution on Burma.  Rainsy noted that 
the CPP might not be supportive of a resolution without Hun 
Sen's express consent.  Ambassador responded that the PM had 
initially resisted, but then turned noncommittal when we 
raised the issue with him.  Rainsy offered that Hun Sen 
frequently changes his mind on issues once he has had the 
time to weigh the pros and cons and consult more thoroughly. 
Saumura suggested that the resolution focus primarily on the 
humanitarian situation in Burma, and less so on human rights. 
 Rainsy urged us to work closely with Son Chhay, and the SRP 
will try to be helpful.  The Ambassador made it clear that 
the Embassy would not lessen pressure on Hun Sen on domestic 
issues of concern to the USG in exchange for assistance on 
the international front. 
 
Comment 
------- 
 
¶6.  (C)  Rainsy remains pleased with political developments 
and the RGC actions taken thus far to give the opposition a 
greater role in Cambodia's political life.  Like us, he is 
worried that the PM will find it difficult to live up to the 
tough message he continues to deliver on corruption.  We look 
forward to the results of the April 21 Council of Minister's 
meeting; the PM had told us that Article 63 and the NEC law 
would be discussed, but had not mentioned changing the 
procedures for electing the village chiefs.  We will continue 
to work with the SRP on Burma, as Rainsy can be helpful in 
reinforcing our messages.  Rainsy and his wife indicated they 
will be in country during DAS Eric John's upcoming visit, and 
look forward to meeting with him.  End comment. 
Mussomeli