VZCZCXRO4125
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0982/01 1431148
ZNR UUUUU ZZH
O 231148Z MAY 06
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6727
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2152
RUEHGV/USMISSION GENEVA PRIORITY 1450
RHHMUNA/HQ USPACOM  PRIORITY

UNCLAS SECTION 01 OF 02 PHNOM PENH 000982 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS; GENEVA FOR RMA 
 
E.O. 12958: N/A 
TAGS: PHUM PREL KJUS CB
SUBJECT: UN HIGH COMMISSIONER:  HUMAN RIGHTS CENTRAL TO 
UN'S WORK 
 
 
¶1.  (SBU)  Summary.  During her May 13-19 visit to Cambodia, 
UN High Commissioner for Human Rights Louise Arbour's agenda 
focused on the consolidation of democracy and rule of law, as 
well as the independence of the judiciary.  She defended the 
work of UNSYG  Special Representative (SRSG) Yash Ghai, and 
urged greater support from the diplomatic community in Phnom 
Penh for the UN Office for Human Rights.  She met with PM Hun 
Sen and other senior government officials, NGOs and the 
diplomatic corps during her visit.  Hun Sen's office 
characterized her visit as positive and productive.  The High 
Commissioner noted that Cambodia's civil society was 
committed to Cambodia's democratic and economic development, 
and should be safeguarded and supported by the government. 
The Khmer Rouge Tribunal, she concluded, represents an 
opportunity to press for greater respect for international 
standards of justice in Cambodia, despite the Cambodian 
judiciary's shortcomings.  Ms. Arbour's visit helped set a 
better tone for work between the RGC and the UN on human 
rights, but did not resolve the lingering issue of the RGC's 
disdain for the SRSG.  End Summary. 
 
UN High Commissioner for Human Rights Visits Cambodia 
--------------------------------------------- -------- 
 
¶2.  (U)  UN High Commissioner for Human Rights Louise Arbour 
visited Cambodia from May 13-19, meeting a variety of 
government officials, including Prime Minister Hun Sen, DPM 
Sok An, Minister of Interior Sar Kheng, and Minister of 
Justice Ang Vong Vattana.  In addition to government 
officials, Arbour met with a broad range of civil society 
leaders, the diplomatic community, and representatives of the 
Khmer Rouge Tribunal.  The PM's office characterized Louise 
Arbour as a good partner and promised to work more closely 
with the United Nations on human rights issues, although the 
PM was mute on the subject of meeting with the Secretary 
General's Special representative for Human Rights, Yash Ghai. 
 The PM's human rights advisor, Om Yentieng, told reporters 
that the government did not have a quarrel with the UN, only 
with Yash Ghai whom Om Yentieng noted did not represent the 
UN.  The PM's spokesman, Eang Sophalleth, assured the press 
that the government had no intention of closing the UN human 
rights office in Phnom Penh.  Arbour also reportedly asked 
the PM to report to her any problems with the UN human rights 
office in order to avert possible misunderstandings in the 
future. 
 
¶3.  (U)  In a meeting with the diplomatic community prior to 
her departure, the UN High Commissioner opened her remarks by 
placing Cambodia into the broader perspective of the UN's 
mission.  Noting that the UN Secretary General has expressed 
his support for human rights as the third pillar (alongside 
development and security) of the UN's work, she underscored 
the "mainstreaming" of human rights as a central UN theme. 
She quoted the UNSG as saying that there cannot be security 
without development, nor development without security, and 
one cannot have either without human rights.  Arbour said 
that while much has been done to affirm the Universal 
Declaration of Human Rights, little has been done to empower 
stakeholders to insist on their rights.  Governments are duty 
bearers in the support of human rights, she continued, and 
have obligations as a result of signing international 
treaties.  The language may be an irritant and a burden to 
governments, acknowledged Arbour, but the UN has a legal 
requirement to speak with governments as the responsible 
parties for upholding human rights in their respective 
countries. 
 
¶4.  (SBU)  The new Human Rights Council (HRC) will inherit 
the old resolutions concerning Cambodia and other countries 
with Special Representatives (currently numbering more than 
40), which may be modified in the future, said Arbour.  The 
UN High Commissioner, however, said the first year will be 
busy for the new HRC, and she does not envision major changes 
in approach to any single country.   Arbour anticipates that 
the mandates for all countries will likely continue so there 
are no gaps in protection, and each will be subject to 
further review in the future.  Arbour noted that she received 
no definitive indication from the PM that he would meet with 
Yash Ghai in the future or revise his opinion of the work of 
the SRSG.  She stressed that Cambodia had been well served by 
the various SRSGs and the twin mandates of both the SRSG and 
the Human Rights Office in Cambodia rested with the new Human 
Rights Council -- neither is within the discretion of the 
Cambodian government to abolish. 
 
¶5.  (SBU)  Arbour added that collectively, the Special 
 
PHNOM PENH 00000982  002 OF 002 
 
 
Representatives and the UN Human Rights Office had produced a 
solid blueprint outlining the country's shortcomings and what 
is needed for Cambodia to become a full democracy.  The UN 
Human Rights office is in Cambodia to assist the human rights 
agenda, including analysis on the many issues (e.g., land 
rights, corruption) that have been documented over the years. 
 Arbour noted that she focused much of her attention of the 
judiciary during her visit because it is the crucial 
institution by which citizens may call the government to 
account.  She urged the diplomatic community to remain strong 
advocates of the role of civil society, and to monitor 
closely government activities (legislation restricting NGO 
activities, freedom of expression and freedom of assembly) 
that may curtail civil society and human rights activists. 
 
¶6.  (SBU)  Looking ahead towards the Khmer Rouge Tribunal's 
opening, Arbour said that there is every reason to look at 
this as an opportunity.  The Tribunal will put Cambodia's 
judiciary in the spotlight, and she urged the international 
community to capitalize on the Tribunal to launch greater 
respect for international standards of justice. 
 
Comment 
------- 
 
¶7.  (SBU)  Despite the PM office's positive spin on Arbour's 
meeting with Hun Sen, the UN High Commissioner staunchly 
defended not only Yash Ghai's work as SRSG, but the work of 
his predecessors.  There was no breakthrough concerning the 
Prime Minister's attitude towards Yash Ghai, but Arbour laid 
down a clear marker signaling her support for Ghai.  She 
informally urged donors to be more unified in their support 
for the work of the Phnom Penh-based UN Human Rights Office. 
We heard informally that in the PM's meeting with Arbour, Hun 
Sen mentioned that he had been asked to intervene with the 
Burmese military junta to press for democratic reform, 
although there was no mention that the request had come from 
the USG.  End Comment. 
STORELLA