VZCZCXRO0003
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #1000/01 2150352
ZNR UUUUU ZZH
P 030352Z AUG 07
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 8760
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 02 PHNOM PENH 001000 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS AND DRL 
STATE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KJUS CB
SUBJECT: CAMBODIAN BAR ASSOCIATION ALTERING POLICIES, 
RELATIONSHIPS 
 
REF: 7/31/07 CAMPBELL-DORSEY E-MAIL 
 
Not for dissemination on the Internet. 
 
¶1.  (SBU) Summary.  Last week, the Ambassador met with 
Cambodian Bar Association (CBA) President Ky Tech laying the 
groundwork for dialogue to rebuild a relationship between 
USAID and the CBA after USAID suspended support earlier this 
year (ref).  A renewed relationship addresses the need for a 
structure under which USAID and the CBA can restart the 
disrupted USAID-funded legal fellows program.  Still 
unresolved is Ky Tech's apparent lack of commitment to allow 
lawyers to work with non-governmental organizations.  What is 
certain is Ky Tech's resolve that the CBA take charge to 
ensure all lawyers in Cambodia abide by CBA regulations.  End 
summary. 
 
REBUILDING USAID - CBA RELATIONSHIP 
----------------------------------- 
 
¶2.  (SBU) Last week, the Ambassador met with CBA President Ky 
Tech laying the groundwork to rebuild a relationship between 
the CBA and USAID.  The meeting was partially prompted by Ky 
Tech's recent decisions that the 2007 class of intern lawyers 
placed with some local human rights non-governmental 
organizations (NGOs) not be admitted to the Bar unless they 
resign from those internships.  Further, Ky Tech told the 
intern lawyers that the Bar may not admit them if they have 
employment contracts with NGOs when they apply for Bar 
membership.  Ky Tech maintains that he questions the 
independence of lawyers who do not work for other lawyers as 
they would be supervised by non-legal professionals in an 
NGO.  Starting in 2006, USAID funded a legal fellows program 
sponsoring internships for 12 intern lawyers with human 
rights NGOs.  The 2006 class of law fellows was successful 
and completed their training with NGOs without intervention 
from the CBA.  On May 10, the USAID-sponsored class of 2007 
legal fellows resigned en masse from their internships in 
hopes of salvaging their chances to enter the Bar.  USAID 
made the decision to suspend support for collaborative 
projects with the CBA until an acceptable, formal working 
agreement, such as a memorandum of understanding, is laid 
out.  Additional fallout was the departure of an American Bar 
Association (ABA)-sponsored legal advisor to the now-closing 
Legal Consultation Office at the Bar's Lawyer Training 
Center.  The advisor felt he could no longer be effective 
after a perceived lack of support from the CBA. 
 
CBA'S UNCERTAIN RELATIONSHIP WITH NGOS 
-------------------------------------- 
 
¶3.  (SBU) The Ambassador welcomed the news that the CBA would 
support the lawyers in a high-profile land case.  In part, 
this was a way to encourage positive steps while signaling 
concern over the perception that the CBA is exercising muscle 
to clamp down on human rights NGOs.  The Ambassador was 
referring to a high-profile Ratanakiri land dispute case in 
which legal aid NGOs are representing poor community members. 
 The community members are filing a suit against Keat Kolney, 
sister of the Senior Minister of the Ministry of Economy and 
Finance and wife of Secretary of State for the Ministry of 
Land.  She is alleged to have illegally acquired some of the 
community's land.  In retaliation, she filed a complaint with 
the CBA against the legal aid lawyers.  The Bar is currently 
backing the lawyers.  (However, the lawyers told USAID 
Officers that in a July 4 closed-door meeting, Ky Tech 
expressed anger at the lawyers for going public with the 
complaints and for talking with the media.  He also warned 
them about getting involved with "political" activity.  Ky 
Tech told them about his concern that lawyers working for 
NGOs "hinders the independence of lawyers" -- the same 
message he brought up during his meeting with the Ambassador.) 
 
¶4.  (SBU) During his meeting with Ky Tech, the Ambassador was 
encouraging of the CBA's current support for the Community 
Legal Education Center (CLEC) and Legal Aid of Cambodia (LAC) 
lawyers who came under fire in the Ratanakiri case.  The 
Ambassador also applauded the CBA's cooperation with last 
month's adoption of the Internal Rules of the Extraordinary 
Chambers in the Courts of Cambodia (ECCC) to bring Khmer 
Rouge perpetrators to justice.  However, he also stated he 
did not see eye-to-eye with Ky Tech on the issue of lawyers 
working with NGOs to protect the rights of the poor.  The 
Ambassador urged the CBA to find a way for lawyers to 
continue their jobs with NGOs.  Ky Tech responded that he 
supports the work of NGOs and supports lawyers helping the 
poor but that he wants the work to take place with the 
cooperation of the CBA and under a legal framework such as 
 
PHNOM PENH 00001000  002 OF 002 
 
 
retainer relationships. 
 
FATE OF INTERN LAWYERS STILL UNKNOWN 
------------------------------------ 
 
¶5.  (SBU)  On July 30, the former legal fellows met with a 
USAID Officers for a read out of the Ambassador's meeting 
with Ky Tech.  Some of the intern lawyers relayed news that 
they are seeking employment with the Cambodian Defenders 
Project (CDP) and LAC.  CDP and LAC seem to have a positive 
relationship with the CBA and had previous (though now 
expired) memorandums of understanding with the CBA regarding 
legal work through the NGOs.  However, the CBA is still 
trying to mandate that the intern lawyers are not allowed to 
be "employed" by the NGOs but that they could be hired 
through retainer agreements or a similar arrangement.  Human 
rights NGO Director Naly Pilorge of LICADHO also attended the 
meeting with the law fellows and she stated that a situation 
where lawyers could only work under retainer agreements would 
not be acceptable to LICADHO.  This issue remains unresolved. 
 
 
COMMENT 
------- 
 
¶6.  (SBU) The legal fellows program was initiated while CBA 
was immobilized by internal disputes stemming from 
disagreements over whether Ky Tech had rightful claim to the 
Bar presidency.  As the Bar moves beyond this dispute phase, 
Ky Tech is asserting his command of the association's 
mandate.  Some observers say that Ky Tech is a known CPP 
member and that he is trying to quiet human rights groups for 
political reasons.  In particular, some say that he does not 
want to see NGOs employing the legal system to support human 
rights and judicial reforms.  Others recognize the role of 
the CBA in formalizing and monitoring the professional 
behavior of its members and say that Ky Tech's MOU 
requirements are an extension of that role. 
 
¶7.  (SBU) The Ambassador's discussion with Ky Tech leaves the 
door open for continued dialogue between USAID and the CBA. 
The relationship may look slightly different than before but 
will now likely be codified in an MOU.  Post is hopeful that 
a mutually agreeable MOU will lay the groundwork for a 
continued legal training programs, such as the law fellows 
program, possibly starting as early as May 2008, and the 
resurrection of ABA legal technical assistance to the Lawyer 
Training Center. 
 
¶8.  (SBU) In practice, lawyers are still working with NGOs. 
A few examples of NGOs in Cambodia that continue to have 
lawyers on staff are: CLEC, CDP, LAC and the Cambodian Center 
for Human Rights (CCHR).  But it appears that the CBA is 
attempting to consolidate control of the legal profession by 
mandating the types of professional relationships that 
lawyers can have and thus clamping down on the near-absolute 
freedom lawyers used to have to practice law with NGOs in 
Cambodia.  At the end of the day while lawyers are likely to 
find structures allowing them to work with NGOs, the episode 
has already sent a chilling message to lawyers with NGOs that 
they are under Ky Tech's watch.  Despite our concern about 
these developments, we note that regulating lawyers' 
adherence to internal rules and professional conduct are 
normal roles played by Bar associations in most countries. 
We will seek to engage with Ky Tech both on the political 
level and via negotiation of an MOU to keep him on the right 
side of that line.  (Note: We forwarded to the Department 
copies of a letter from the Ambassador to the ABA President 
and from USAID Acting Mission Director to Ky Tech reiterating 
points from the Ambassador's meeting.) 
CAMPBELL