VZCZCXRO4045
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0752/01 1550812
ZNR UUUUU ZZH
O 040812Z JUN 07
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8503
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHBY/AMEMBASSY CANBERRA PRIORITY 2282
RUEHLO/AMEMBASSY LONDON PRIORITY 0414
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0552
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2230
RUEHGV/USMISSION GENEVA PRIORITY 1599

UNCLAS SECTION 01 OF 02 PHNOM PENH 000752 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PREL KDEM KJUS CB
SUBJECT: UN HUMAN RIGHTS REP YASH GHAI VISITS CAMBODIA, 
MEETS WITH DPM SAR KHENG 
 
¶1.  (SBU)  Summary.  On May 31, UN Special Rapporteur for 
Human Rights Yash Ghai briefed the diplomatic corps regarding 
his visit to Cambodia and his meeting earlier the same day 
with DPM and Minister of Interior Sar Kheng, and fielded 
questions regarding his draft report on Cambodia.  Yash Ghai 
is scheduled to speak before the Human Rights Council on June 
¶12.  He told diplomats that he would add positive comments 
regarding the peaceful nature of the April 1 commune council 
elections as well as Cambodia become signatory to the 
optional protocol against torture to his report -- both 
events having occurred after his initial draft report of 
January 2007.  The RGC has provided Ghai with written 
comments to the report, but those were reportedly still being 
translated from Khmei to English as of last week.  End 
Summary. 
 
Yash Ghai Meets with Sar Kheng 
------------------------------ 
 
¶2.  (SBU)  UN Special Rapporteur for Human Rights for 
Cambodia Yash Ghai visited the country during the last week 
of May, meeting with a wide array of NGOs, diplomats, 
political figures, international organizations, and Minister 
of Interior Sar Kheng.  Human rights NGOs used the visit to 
underscore continuing concerns on the part of civil society 
regarding the poor state of the judiciary, the climate of 
impunity, increased conflicts over land, threats to freedom 
of association and speech, and the lack of police progress in 
resolving high-profile killings.  ADHOC and LICADHO called on 
the UN Human Rights Council to renew Yash Ghai's mandate, as 
the RGC has failed to respond to any of the recommendations 
outlined in Yash Ghai's earlier reports, they claim.  The 
draft report of the UN human rights representative will be 
presented to the Human Rights Council on June 12, and Yash 
Ghai's visit to Cambodia was a final effort to receive public 
comment, update the report, and receive RGC reaction. 
 
¶3.  (U)  The RGC countered the NGO statement with its own 
criticism of Yash Ghai's report, calling it unbalanced and 
claiming that it ignored many positive elements of the human 
rights environment in Cambodia.  Ghai had asked for meetings 
with a number of senior RGC officials, including PM Hun Sen 
and the Ministers of Justice and Interior.  Prior to Ghai's 
arrival, acting head of the UN Human Rights Office in 
Cambodia Henrik Stenman told us that the RGC had not 
identified anyone to meet with Yash Ghai.  Stenman said that 
some RGC sources had indicated that senior advisor to the PM 
on human rights matters, Om Yentieng, might be delegated by 
the RGC to receive Ghai, but the UN office was not optimistic 
that anyone would grant Ghai a meeting. 
 
¶4.  (SBU)  On May 31, the last day of Ghai's visit, the RGC 
sent a last-minute invitation to Ghai to meet with MOI Sar 
Kheng in mid-afternoon -- the same time that Ghai was 
scheduled to meet with the diplomatic corps.  As a result, 
the embassy representatives were shifted to just after the 
Sar Kheng meeting, which allowed for a readout of Yash Ghai's 
meeting with the MOI.  In briefing the diplomatic corps, Ghai 
said that Sar Kheng's chief complaint was that the UN rep had 
not given the RGC adequate credit for progress in the human 
rights environment in Cambodia.  The MOI took particular 
exception to Yash Ghai's allegation that the human rights 
breaches were "systemic."  Ghai said that he countered by 
explaining that the subordination of the judiciary by the 
executive branch did result in fundamental and systemic 
abuses of basic human rights.  Sar Kheng also reportedly told 
Ghai that the international community repeatedly praises the 
government for positive developments in the human rights 
situation compared with other countries in the region.  The 
MOI promised to provide Yash Ghai with specific comments on 
the draft report once they had been translated from Khmei to 
English. 
 
¶5.  (SBU)  Yash Ghai told diplomats that he would present his 
findings on June 12 to the Human Rights Council in Geneva. 
He noted that he would add references to the peaceful commune 
council elections but noted that NGOs remain concerned over 
the lack of independence of the National Election Committee 
as well as the involvement of government authorities in 
electoral activities.  Ghai said he remains worried over the 
proposed legislation on the right to peacefully assemble, 
noting the difficulties that civil society organizations face 
in trying to get RGC permission to hold demonstrations.  The 
 
PHNOM PENH 00000752  002 OF 002 
 
 
MOI told Ghai that the RGC only refuses permission when they 
are aware that there will be violence or problems.  In 
response to factory union leader Hy Vuthy's murder, the MOI 
assured Ghai that an investigation was underway. 
 
¶6.  (SBU)  Ghai said that he conveyed to Sar Kheng that he 
(Ghai) took no pleasure in criticizing the government, and 
that he would add references to the April 1 elections as well 
as Cambodia's signing on to the Optional Protocol to the 
Convention against Torture and other Cruel, Inhuman or 
Degrading Treatment or Punishment, which Cambodia ratified in 
January 2007 -- both items took place following the release 
of Ghai's preliminary draft and the UN rep said the final 
report would reference both topics.  Ghai added that he 
advised Sar Kheng that the RGC might make use of Ghai's 
expertise to improve the human rights situation in Cambodia; 
the MOI was noncommittal. 
 
Donor/Diplomatic Response 
------------------------- 
 
¶7.  (SBU)  Donors agreed that there was much in Ghai's report 
that was accurate; Canada welcomed the emphasis on land and 
the rights of indigenous peoples.  The UK Ambassador said 
that his government had commissioned two reports on human 
rights and governance, respectively.  The Australian 
Ambassador was pleased that Ghai would be adding some more 
positive elements to the report, noting that if it's cast in 
a less critical light, the RGC might be more receptive.  The 
Australian Ambassador questioned Ghai's recommendation that 
criminal laws relating to defamation, disinformation, and 
incitement be repealed when many countries have such laws on 
the books; Ghai responded that Western nations with such laws 
rarely, if ever, have enforced them in recent times.  He 
added that in a country that lacks proper judicial 
institutions, there are no safeguards -- better to remove 
such laws.  UNDP outlined many electoral concerns; Ghai said 
that his mission had focused on elections for the first time 
and that he had recommendations for 2008. 
 
Comment 
------- 
 
¶8.  (SBU)  Ghai was pleased that he had an opportunity to 
meet with a senior RGC official during his visit, although he 
clearly stands behind his report.  He noted that he will 
reference separately the RGC's comments regarding his report 
when he delivers his presentation in Geneva, but made no 
promises about "correcting" the report -- something the RGC 
has requested.  The RGC likely decided that it was better for 
someone senior in the RGC to meet with Ghai and provide an 
official point of view, rather than having the special 
representative appear before the Council in Geneva saying the 
RGC had refused a meeting and ignored the draft report.  End 
Comment. 
MUSSOMELI