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Viewing cable 07PHNOMPENH710, AMBASSADOR PRODS DPM ON TIP, MONTAGNARDS, MISSING

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Reference ID Created Released Classification Origin
07PHNOMPENH710 2007-05-23 11:24 2011-07-11 00:00 CONFIDENTIAL Embassy Phnom Penh
VZCZCXRO3829
PP RUEHHM
DE RUEHPF #0710/01 1431124
ZNY CCCCC ZZH
P 231124Z MAY 07
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 8462
INFO RUEHBK/AMEMBASSY BANGKOK 2277
RUEHHI/AMEMBASSY HANOI 4008
RUEHHM/AMCONSUL HO CHI MINH 0096
RUEHGV/USMISSION GENEVA 1597
C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000710 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR PRM, EAP/MLS, G/TIP AND EAP/RSP 
BANGKOK FOR REFUGEE COORDINATOR 
 
E.O. 12958: DECL: 05/22/2017 
TAGS: PGOV PHUM PREL CB KWMN
SUBJECT: AMBASSADOR PRODS DPM ON TIP, MONTAGNARDS, MISSING 
VN DISSIDENT 
 
 
Classified By: A/DCM Margaret McKean; Reason 1.4 (b) (d) 
 
1.  (C)  Summary:  On May 17, the Ambassador met with Deputy 
Prime Minister and Minister of Interior Sar Kheng to discuss 
Trafficking in Persons (TIP), Montagnards in Cambodia, and a 
missing Vietnamese dissident.  The Ambassador stressed the 
necessity for Cambodia to upgrade from the Tier 2 Watch List 
to Tier 2 through real improvements in the TIP situation, 
including increased focus on TIP problem regions outside of 
Phnom Penh and a just punishment for the appellate court 
judges who released the Chhay Hour II perpetrators.  On the 
issue of RGC delays in approving UNHCR requests to access 
Montagnard groups crossing to Cambodia, the Ambassador urged 
the DPM to consider streamlining the process to one of simple 
notification by UNHCR to the government.  Finally, he 
requested the DPM investigate the recent disappearance of 
Vietnamese political dissident, Le Tri Tue, from his lodging 
in Cambodia.  The DPM expressed his support in principle for 
each of these initiatives but offered no commitments.  End 
Summary. 
 
TIP - BEYOND TIER 2 WATCHLIST? 
------------------------------- 
 
2.  (C) On May 17, the Ambassador met with DPM Sar Kheng on 
TIP issues in Cambodia, urging that Cambodia not remain 
satisfied with Tier 2 Watchlist status.  While lauding past 
RGC activity to move off Tier 3, he explained that Cambodia 
needs to work harder to attain the Tier 2 level.  In 
particular, he recommended stronger RGC and police commitment 
in areas outside of Phnom Penh, such as Sihanoukville, that 
still host troublesome TIP problems.  He also pushed for the 
appellate court judges who released the Chhay Hour II 
perpetrators to be suitably punished beyond a slap on the 
wrist for a crime considered such an egregious undermining of 
Cambodia's struggling judicial system.  The DPM stated his 
concurring desire for Cambodia to move from the Tier 2 
Watchlist to Tier 2, noting the TIP situation in Cambodia has 
improved since its Tier 3 days through the MOI's willingness 
to work together on this issue with the USG and the NGO 
community.  On the Chhay Hour II perpetrators' release by 
appellate court judges, the DPM said he discussed the 
incident with the Minister of Justice.  The DPM was not 
forthcoming with details or outcomes of the RGC's internal 
discussions but assured the Ambassador he will "continue to 
do what needs to be done to reach the desired result." 
 
UNHCR ACCESS TO MONTAGNARDS 
--------------------------- 
 
3.  (C) The Ambassador raised concerns over the sporadic 
Montagnard crossings into Cambodia and the RGC delays in 
granting UNHCR requests to conduct joint missions to collect 
the refugees in northeastern Cambodia and bring them to Phnom 
Penh for interview.  Under the current procedure, UNHCR is 
required to submit to the MFA an official request to 
interview groups fleeing Vietnam and that request is then 
forwarded to MOI for approval.  Lately, the MOI has been 
tardier than usual in responding to UNHCR and organizing the 
joint missions.  (Note:  UNHCR tells us that the working 
level staff at the MOI are not the problem -- the delays come 
from more senior officials.  UNHCR surmises that the delay 
serves to discourage Montagnard groups from entering Cambodia 
as they are forced to hide in the jungles of the Northeast 
where they have little food and are exposed to disease and 
possible repatriation to Vietnam.  End Note.)  The Ambassador 
explained the delays make Cambodia look bad internationally 
-- as if the RGC is not cooperating with UNHCR nor living up 
to Cambodia's responsibilities under international refugee 
conventions.  He proposed a simplified procedure by which 
UNHCR notifies the MOI and MFA that it will be traveling to 
the border area to retrieve Montagnard groups, while giving 
the MOI enough time to inform local authorities of UNHCR 
plans.  The MOI approval step is thereby removed from the 
process.  The DPM accepted the proposal in principle for 
consideration but made no commitments; he stated his desire 
to have better cooperation with UNHCR despite problems 
between the RGC and UNHCR in previous years. 
 
APPEAL FOR INVESTIGATION OF MISSING VIETNAMESE DISSIDENT 
--------------------------------------------- ----------- 
 
4.  (SBU)  On May 6, Vietnamese trade union leader, Le Tri 
Tue, went missing from his temporary place of residence in 
Phnom Penh.  In April, Le Tri Tue fled Vietnam seeking asylum 
in Cambodia, where UNHCR designated him a person of concern. 
 
PHNOM PENH 00000710  002 OF 002 
 
 
The Ambassador pressed the DPM to investigate the 
disappearance, noting the RGC has a commitment to honor UNHCR 
letters of concern.  The DPM agreed to investigate the 
disappearance and, over the weekend, MOI officials were 
quoted in the local media acknowledging that they were aware 
of the case and looking into the matter. 
 
5.  (C)  Comment.  The DPM told us that he agreed in 
principle regarding the three issues put forth during the 
meeting but offered no commitments.  We believe Sar Kheng is 
sincere in wanting Cambodia's overall record on TIP to 
improve.  The MOI has been a worthwhile partner on TIP and 
refugee matters in the past but he may have little 
flexibility on these particular issues.  On the Chhay Hour II 
matter, the Ministry of Interior has no disciplinary role 
vis-a-vis the judges who released the suspects - although the 
police could launch an investigation to bring possible 
criminal charges against the judges depending on what the 
Ministry of Justice determines took place.  On the 
Montagnards, this is a sensitive issue for the RGC because of 
Vietnamese interest, and any change in current practice that 
might be perceived as more lenient to the Montagnards would 
likely require discussion with the GVN.  Likewise, the 
Cambodian government's consciousness of GVN sensitivities is 
likely to impact any RGC reaction to the dissident's 
disappearance. 
 
6.  (C)  Comment Continued.  Sar Kheng has typically enjoyed 
a very good rapport with the Ambassador, even when the 
meetings cover contentious issues.  The DPM has also often 
hosted the Ambassador for meetings at his residence, located 
across the street from the CMR.  The May 17 meeting took 
place at the Ministry with numerous MOI notetakers and a 
strong air of formality.  The DPM's demeanor was the most 
somber since the Ambassador's arrival, and the DPM did not 
appear to be fully engaged throughout the discussion.  There 
have been rumors over the past two months of increasing 
friction within the CPP -- notably between Hun Sen and Sar 
Kheng, and it may not be coincidence that the DPM looked as 
though he had a great deal on his mind.  End Comment. 
CAMPBELL