VZCZCXRO2531
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #1694/01 2620131
ZNR UUUUU ZZH
P 190131Z SEP 06
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 7328
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 02 PHNOM PENH 001694 
 
SIPDIS 
 
SENSITIVE 
 
----C O R R E C T E D - C O P Y------ 
FOR CA/OCS/CI, CA/VO/F/P, CA/OCS/ACS/EAP AND PRM 
 
E.O. 12958: N/A 
TAGS: CVIS CASC PREL PREF CB VN
SUBJECT: A/S HARTY DISCUSSES ADOPTIONS, IVS IN CAMBODIA 
 
 
PHNOM PENH 00001694  001.4 OF 002 
 
 
¶1.  (SBU) Summary.  RGC officials from the Ministry of Foreign 
Affairs (MFA) and Ministry of Social Affairs, Veterans, and Youth 
Rehabilitation (MOSAVY) told visiting CA A/S Harty that they support 
Cambodia's ratification of the Hague Convention on Intercountry 
Adoption and have added the Convention to the list submitted to the 
National Assembly for ratification.  They acknowledged that the RGC 
has been working on an adoption law for three years and pledged to 
try and bring it before the legislature in 2007.  MOSAVY explained 
its plans to establish infrastructure that would improve 
transparency and protect the interests of all parties in the 
adoption process.  The Ambassador expressed concern about RGC 
treatment of newly arrived Montagnards in Cambodia.  A/S Harty and 
the Ambassador briefed local press about the resumption of immigrant 
visas.  End Summary. 
 
¶2.  (U) CA A/S Harty and the Ambassador called on Acting Foreign 
Minister Long Visalo and Minister Ith Sam Heng of MOSAVY on 
September 13 to inform the RGC about the planned return of immigrant 
visa processing to Phnom Penh and to review GOC progress on 
adoptions since her October 2004 visit.  CA Special Assistant Julie 
Ruterbories, CA/OCS/CI Director Ellen Conway and Phnom Penh CONS 
chief Anne Simon (notetaker) also attended. 
 
MFA Supports Hague Ratification 
------------------------------- 
 
¶3.  (SBU) Acting ForMin Long Visalo told A/S Harty that the RGC will 
become a signatory to the Hague convention because the adoption law 
was still in progress at MOSAVY after three years.  The Hague 
convention would provide a procedural framework that matches RGC and 
USG goals for child welfare.  He said that PM Hun Sen 
agreed, so the MFA had placed the Hague convention on the list of 
treaties sent to the National Assembly for ratification, although he 
caveated that it could take some time since the Assembly has a full 
agenda.  Still, Visalo expects that the Assembly would act on the 
Hague ratification faster than the proposed adoption law.  He saw 
both mechanisms as complementary and acknowledged the RGC's desire 
to be transparent and avoid the appearance of adoption as a form of 
child trafficking. 
 
¶4.  (SBU) Visalo laid out several Cambodian ground rules for 
adoptions.  He strongly opposes the presence of foreign adoption 
agencies or intermediaries.  He believes fees should only be paid to 
government agencies that provide a service (e.g., passports, 
required documents).  He professed to want to protect the children, 
biological parents and prospective adoptive parents.  He reviewed 
the history of the January 2004 arrest of adoption provider Lauren 
Galindo and his staunch opposition to her activities at the time. 
When asked about a future Hague Central Authority, Visalo indicated 
the jurisdiction was still under negotiation with MOSAVY, but he 
made clear that he was advocating for MFA control. 
 
¶5.  (U) A/S Harty invited the RGC to come to the United States for 
consultations on the Hague Convention and offered CA's expertise in 
establishing a Central Authority.  She emphasized the need for 
transparency, the importance of building necessary institutions to 
protect the rights of all parties and urged passage of the adoption 
law in addition to ratification of the Hague Convention. 
 
Montagnards 
----------- 
 
¶6.  (SBU) Switching gears at the end of the meeting, the Ambassador 
put Visalo and the MFA on notice that problems continued with RGC 
treatment of arriving Montagnard refugees from Vietnam and that the 
USG was concerned about refoulement.  Visalo professed not to know 
about any problems or violations of the MOU between Cambodia and 
Vietnam, but requested that UNHCR contact the MFA by letter so that 
he could investigate.  He underscored continued RGC support for its 
obligations under the 1951 Refugee Convention. 
 
MOSAVY Working on Legislation and Procedures 
-------------------------------------------- 
 
¶7.  (SBU) MOSAVY Minister Ith Sam Heng readily updated A/S Harty on 
"new developments" on adoptions.  He admitted the law was not moving 
quickly enough, but explained the RGC had decided to try and ratify 
the Hague Convention in the meantime.  He estimated that 
ratification would take about six months.  The government still 
intends to present the adoption law, but its timetable is longer. 
The law is currently nearing the end of a review to ensure 
conformity with Cambodian civil law by the Ministry of Justice, 
MOSAVY, MFA, UNICEF and a Japanese consultant.  Heng estimated the 
law would be sent for interministerial discussion by the end of 
¶2006.  It would then go to the legislature and hopefully be passed 
by the end of 2007. 
 
¶8.  (SBU) MOSAVY is also working in advance on "frameworks" for 
adoption that would conform to the Hague Convention and ensure 
adoptions are conducted in a transparent manner.  The Ministry is 
 
PHNOM PENH 00001694  002.4 OF 002 
 
 
strengthening the capacity of officials to determine the identity of 
children who are in orphanages and will set a legal fee schedule to 
prevent illegal payments being made in the adoption process.  Heng 
also plans to establish an "inter-country adoption center" which 
will oversee the transfer and adoption of children.  However, the 
center would not be the country's Hague Central Authority.  MOSAVY 
wants that role since it has the legal authority to issue the final 
certificates of adoption, but Heng did note that the decision would 
be made by the government at the highest level.  Heng asked for 
technical help and said he planned send a team to the United States 
to study adoption soon.  He noted he had previously been to China, 
was impressed with its system and the many American adoptive parents 
he met while there, but wanted to create a system suitable for 
Cambodia. 
 
¶9.  (SBU) A/S Harty assured Heng that in anticipation of significant 
progress she would try to return in November 2007, and reiterated 
the offer made to the MFA for the RGC to come to the United States 
for consultations on Hague implementation.  She termed MOSAVY's 
three-part strategy terrific.  The Ambassador told Heng that he 
would push the Council of Ministers to act on the legislation as 
soon as MOSAVY could get it to them. 
 
Resumption of IVs - Press Event 
------------------------------- 
 
¶10.  (SBU) A/S Harty also informed her interlocutors that CA has 
approved the return of immigrant visa processing to Phnom Penh in 
the near future, though the original starting date has been 
postponed due to a case of malfeasance in the office.  Officials 
agreed this was a positive sign of the developing relationship 
between the U.S. and Cambodia.  She later made a similar 
announcement at a well attended press conference at the Embassy, 
which was covered by all the major Cambodian news outlets. 
 
¶11.  (SBU) Comment:  The visit of a high-ranking senior consular 
official has pushed the RGC to find a faster way to improve its 
adoption system.  We welcome the news that the RGC is working on a 
framework and hopes to send experts to the U.S.  We foresee a turf 
conflict between MOSAVY and the MFA over the Hague Central 
Authority.  However, both ministries seem to share the U.S. goals of 
transparency, protection of the child, birth parents and prospective 
adoptive parent, preventing fraud and building institutions and 
capacity.  Embassy Phnom Penh will work to ensure that any upcoming 
delegation includes representatives from the MFA, MOSAVY and the 
Ministry of Justice.  The Ambassador plans to engage RGC officials 
regularly on adoptions.  End comment. 
 
MUSSOMELI