VZCZCXRO9534
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #1934/01 2981106
ZNR UUUUU ZZH
O 251106Z OCT 06
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7514
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHGV/USMISSION GENEVA 1548
RUCNDT/USMISSION USUN NEW YORK 2187

UNCLAS SECTION 01 OF 03 PHNOM PENH 001934 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR EAP/MLS, DRL AND EAP/RSP 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL CB
SUBJECT: A/S LOWENKRON MEETS OPPOSITION LEADER SAM RAINSY 
AND CIVIL SOCIETY REPS 
 
REF: A. PHNOM PENH 1908 
     ¶B. PHNOM PENH 1871 
 
¶1.  (SBU)  Summary.  On October 16 and 17, A/S Lowenkron met 
with various leaders of Cambodia's civil society, union 
leaders and labor experts, and opposition party leader Sam 
Rainsy.  Human rights leaders discussed impunity, the 
difficulties involved in the RGC's proposal to form a human 
rights commission (reftel B) as well as problems surrounding 
upcoming elections in 2007 and 2008.  They underscored the 
need for the continued presence of the UN's Human Rights 
Office in Phnom Penh, which PM Hun Sen has urged be closed 
(reftel A).  NGO legal reform representatives described the 
underfunding of the justice system. Khmer Rouge tribunal 
discussions centered on the Extraordinary Chambers of the 
Court of Cambodia's (ECCC) positive early track record, and 
the need for more USG involvement.  Union leaders and ILO 
representatives focused on poor enforcement of Cambodia's 
labor laws, union competition, and recent violence at a local 
garment factory.  Lowenkron addressed a public forum in 
Kandal province organized by the Cambodian Center for Human 
Rights.  End Summary. 
 
UNOHCHR Should Stay; Human Rights Challenges 
-------------------------------------------- 
 
¶2.  (SBU)  At the Ambassador's residence on October 16, 
Lowenkron met with leaders of local human rights NGOs 
LICADHO, The Cambodian Defenders' Project (CDP), and ADHOC, 
and Margo Picken, the director of the UNOHCHR Cambodia 
Office.  Margo Picken discussed the recent verbal attacks on 
her office as well as against UN Special Representative for 
Cambodia Yash Ghai by Prime Minister Hun Sen, who 
periodically has called for the UN to close the office.  She 
agreed that her office's mandate should be examined after the 
2008 general elections; but argued that ending the mandate 
now would send the wrong signal.  Because of upcoming 
elections and the ECCC's high-profile role in examining the 
Khmer Rouge genocide, she added that Cambodia is entering a 
volatile political period.  The Cambodian NGOs agreed that 
they had seen progress in human rights in the past 15 years 
since UNTAC's arrival in 1991, including the RGC's May 2006 
decision to modify the UNTAC criminal code and decriminalize 
defamation.  Government critics, however, are still jailed 
using disinformation and incitement laws.  The CDP 
representative added that impunity and corruption remain 
major problems for Cambodian society, with little action by 
the RGC to address serious legal reform or pass a strong 
anti-corruption law. 
 
¶3. (SBU) Lowenkron asked about the RGC's proposed national 
human rights commission, and NGO impressions regarding its 
ability to address Cambodia's many human rights issues. 
Because of the lack of independent nstitutions in Cambodia, 
the leaders of LICADHO and ADHOC opined that forming a 
credible national human rights body would be difficult. 
Lowenkron noted his suspicion of human rights commissions in 
countries that lack independent democratic institutions.  NGO 
leaders also discussed the draft NGO law and concerns that it 
could be used to restrict their activities; Lowenkron added 
that there is a worldwide crackdown on NGOs using 
legislation.  The NGOs criticized the government for the case 
of Tieng Narith, a possibly mentally ill former professor at 
a local Phnom Penh university, who was jailed on 
disinformation charges for writing a book critical of the 
government. 
 
¶4.  (SBU)  During an October 16 lunch with representatives of 
NGOs working on rule of law issues in Cambodia, Lowenkron 
learned of the tremendous underfunding of the Ministry of 
Justice and Cambodian judicial system.  The low salaries of 
judges, prosecutors, and clerks act as an incentive for 
bribe-taking to ensure personal economic survival, said Peter 
Harris of the East-West Management Institute.  Yeng Virak of 
the Community Legal Education Center raised the issue of 
regulations limiting the number of new lawyers who can be 
admitted to the Cambodian Bar every year, which restricts the 
legal talent available to the public.  The NGO 
representatives expressed strong skepticism about the RGC's 
proposed national human rights commission, which they offered 
is being contemplated as part of the RGC's plan to convince 
the UN that the UNOHCHR office is no longer needed. 
 
¶5.  (SBU)  On October 17, Lowenkron delivered prepared 
remarks about human rights and democracy to a crowd of 400 
Cambodians assembled at a Cambodian Center for Human Rights 
public forum in Kandal province.  The remarks were 
 
PHNOM PENH 00001934  002 OF 003 
 
 
well-received and elicited audience questions regarding 
democracy and the freedoms enjoyed by citizens.  Lowenkron 
said that town halls like the CCHR public forum also took 
place in the U.S., though he does not know if such town halls 
were as well-attended in the U.S.  Also in attendance were 
Kek Galabru, president of LICADHO, and Son Soubert, a member 
of the Constitutional Council of Cambodia.  Both urged people 
to vote in the upcoming April 2007 commune elections. 
 
Voter Registration Difficulties; Opposition Party Concerns 
--------------------------------------------- ------------- 
 
¶6.  (SBU)  On October 17, Lowenkron met representatives of 
NDI, IRI, and local election monitoring NGOs COMFREL and 
NITFEC.  COMFREL and NITFEC officials discussed their work 
educating voters about the rules and regulations surrounding 
the election process.  According to both organizations, crime 
and land disputes appear to be the biggest issues on the 
minds of voters as they consider candidates for the upcoming 
April 2007 commune elections.  The IRI representative stated 
that their recent poll found two-thirds of voters thought the 
country was headed in the right direction and one-third 
believed Cambodia was on the wrong path.  According to the 
NDI representative, the opposition Sam Rainsy Party (SRP) has 
indeed become stronger because of the party's internal 
reforms.  Concerning the still- ongoing commune election 
voter registration, COMFREL added that only 70% of the 
population had picture IDs -- not 80% as the government 
claims -- which is making registration more difficult for 
rural applicants who lack access to photographic shops.  The 
need to register at a voter's birthplace, NITFEC continued, 
was also making registration more difficult for people who 
have moved to other districts. 
 
¶7.  (SBU)  At a meeting at the headquarters of the Sam Rainsy 
Party, the opposition leader thanked Lowenkron for meeting 
him and asked that the USG use its influence to push the 
Cambodian government to adopt further reforms.  MP Tioulong 
Saumura, Sam Rainsy's wife, described internal reforms 
efforts in the party that had made the party more democratic. 
 She said the party's health is stronger than it has ever 
been thanks to these reforms; she also thanked NDI and IRI 
for their help in this effort.  While explaining his 
electoral strategy of reaching out to young voters, Sam 
Rainsy spoke of the importance of the upcoming commune 
elections.  He also explained that he was concerned about 
China's growing influence in Cambodia and how money from oil 
and a possible bauxite find will be used. 
 
Labor Issues 
------------ 
 
¶8.  (SBU)  Two chief Technical Advisors from the 
International Labor Organization (ILO) briefed Lowenkron on 
recent minimum wage negotiations in the garment sector and 
USAID-funded ILO activities.  The Better Factories Project is 
increasing productivity while conducting unannounced 
monitoring of working conditions at garment factories.  The 
ILO reps noted that child labor is not a concern in the 
garment sector, but remains an issue elsewhere in the 
Cambodian economy.  Lowenkron was impressed with the workings 
of the Arbritation Council and its role in mediating labor 
disputes.  ILO's John Richotte expressed concern about the 
draft Law on the creation of a Labor Court, and its 
implications in neutralizing the Arbitration Council.  The 
two ILO representatives also discussed the unresolved 2004 
murder of union leader Chea Vichea, and asked Lowenkron to 
examine the case of the two men who many believe were wrongly 
convicted of the crime. 
 
¶9.  (SBU)  Restrictions on freedom of association, poor 
enforcement of labor law, inter-union feuds, and recent 
violence at a garment factory topped labor leaders' concerns 
during a lunch with Lowenkron.  Ly Korm, president of the 
independent tourism sector union CTSWF, expressed frustration 
with the Ministry of Labor's failure to intervene when 
management at a casino in Poipet dismissed union members 
during an organizing effort.  Pro-opposition union leader 
Chea Mony warned that, "in the future, democracy in Cambodia 
will exist in name only," if the government does not 
institute a fair judicial process and fully enforce workers' 
rights to assemble.  Som Aun, president of the pro-government 
garment union CLUF, said that some factories went beyond the 
law because their owners had the support of high-ranking 
officials, leading unions to lose at court.  Moreover, he 
said violence and intimidation between unions was also a 
serious problem.  Rong Chhun, president of the pro-opposition 
 
PHNOM PENH 00001934  003 OF 003 
 
 
teachers' union, highlighted violence on October 15 at Bright 
Sky Garment Factory, alleging that police had fired randomly 
at workers during an illegal strike.  In his remarks, the A/S 
emphasized that the way governments treat their workers is a 
window into the strength of a democracy. 
 
Khmer Rouge Tribunal 
-------------------- 
 
¶10.  (SBU)  Lowenkron met Heather Ryan from the Open Society 
Justice Initiative, who is monitoring the ECCC.  Ryan 
informed him that the members of the ECCC believe that seven 
to ten people will be identified for trial.  The statute for 
the Tribunal limits prosecution to the senior leadership of 
the Khmer Rouge as well as those most responsible for acts of 
genocide and crimes against humanity.  Both the investigating 
judges and prosecutors have been working since July, and are 
making progress in interviewing witnesses and doing the 
preliminary work to prepare cases for trial.  Robert Petit, 
the international Co-Prosecutor, has indicated that he 
expects to take someone into custody by the end of the year, 
according to Ryan.  Because the death penalty is prohibited 
under the Cambodian Constitution, Ryan stated that she 
expected life sentences for those convicted.  She also added 
that Cambodian staff is being trained and hopes will be 
brought up to speed by their international counterparts; once 
the trials are over, she hopes that the Cambodian staff will 
increase the professionalism of the Cambodian courts. 
 
¶11.  (SBU)  Ryan identified many areas of concern in the 
operation of the KRT, noting that she has provided the 
information in a report to donors (Note: This information 
will be e-mailed to Washington separately. End Note.)  The 
three-year budget is insufficient to fully establish the 
court and fund all of its needs adequately; as a result, the 
ECCC's administration is already cutting corners and seeking 
additional funds from donors.  The lack of political 
independence of the Cambodian judiciary could become a 
problem, she warned, if the trial expands beyond the small 
group of Khmer Rouge leaders who are expected to be tried. 
But she added the international members of the ECCC do not 
intend to take part in a trial influenced by Cambodian 
politics.  Ryan added that an adequate budget and staff for 
the witness protection function of the court is lacking. 
Ryan urged USG help for witness protection, legal training to 
the ECCC and media/NGO outreach -- all are areas that are 
underfunded and worthy of USG investment. 
 
¶12.  (SBU)  During an October 17 visit to the ECCC, Lowenkron 
met with Sean Vissoth, Director of Administration; William 
Smith, Deputy Co-Prosecutor; and Chea Leang, Cambodian 
Co-Prosecutor.  Responding to Lowenkron's question, Vissoth 
said that plans are being made to televise the trials. 
Witness protection is an issue of concern, but a former ICTY 
staff member with experience in witness protection has 
recently been selected to assist with this function at the 
ECCC.  Smith emphasized that ECCC's mandate is shorter than 
either the Yugoslavia or Rwanda tribunals, adding that three 
years is doable but will leave little margin for error.  In 
other international tribunals, he continued, mistakes were 
made and took time to ultimately correct.  For the ECCC, the 
budget is lower and timeframe is shorter; therefore, the ECCC 
administration is trying to ensure that all budgetary 
decisions are prioritized properly and the court managed as 
efficiently as possible.  Aside from budgetary realities, the 
ECCC has mixed professionals from the international and 
Cambodian legal systems; harmonizing a domestic civil law 
system with international law also will be a challenge. 
 
¶13.  (U)  The A/S did not have the opportunity to clear this 
message before his departure. 
 
 
 
 
MUSSOMELI