VZCZCXRO3652
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0360/01 1230523
ZNR UUUUU ZZH
P 020523Z MAY 08
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHINGTON DC PRIORITY
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 03 PHNOM PENH 000360 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, DRL, AND G/TIP 
 
E.O. 12958: N/A 
TAGS: PHUM KDEM KWMN CB
SUBJECT: CAMBODIA HUMAN RIGHTS ROUNDTABLE: LAND ISSUES 
DOMINATE 
 
REF: A. PHNOM PENH 310 
     ¶B. PHNOM PENH 283 
 
¶1.  (SBU) Summary:  Prominent human rights organization 
leaders ranked land disputes, impunity, limits on freedom of 
assembly and the lack of rule of law among their top 
concerns, and predict the trends will continue through 2008. 
Land grabbers are using some new, fraudulent methods to claim 
land.  Impunity and the use of the courts for political ends 
continued to be problematic.  NGO representatives disagreed 
on whether a draft demonstration law was more expansive in 
protecting freedom of assembly.  One NGO stated it is happy 
with the new anti-trafficking in persons law.  CPP members 
allegedly have offered money to some Khmer Kampuchea Krom 
individuals to join the CPP and some Khmer Kampuchea Krom 
individuals have reportedly been denied national identity 
cards for not supporting the CPP.  End Summary. 
 
Land Dispute Activity Distressing, "Clever" 
------------------------------------------- 
 
¶2.  (SBU) During a recent Embassy roundtable with six 
prominent Cambodian human rights leaders, participants said 
that land disputes continue to be a top concern.  LICADHO 
Director Naly Pilorge stated her organization currently has 
forty-two of clients seeking assistance in relation to land 
disputes, including some who face eviction (clients from the 
Dey Krahorm community in Phnom Penh), two who are in prison, 
and 18 persons who face charges of incitement and physical 
assault.  LICADHO has noticed more land dispute cases 
involving middle class communities.  A recent eviction in the 
Russei Keo district of Phnom Penh was one such case involving 
middle class families, and families that had connections to 
members of the military -- factors which previously might 
have worked in favor of persons facing eviction.  Pilorge 
stated that in the Russei Keo district case, community 
members who were arrested during the eviction were released 
soon afterwards, possibly because of their connections and 
middle-class resources.  Pilorge stated she thinks it is a 
"mistake" for those with power to engage in land disputes 
with the middle class because of the potential for a loss of 
popular support. 
 
¶3.  (SBU) CCHR Director Ou Virak said that land grabbers are 
currently using "clever methods" to claim land.  He mentioned 
a Kampong Thom land dispute involving about 550 community 
members and approximately 5,000 hectares of land in which 
local authorities offered to solve the dispute for the 
community members by organizing for a social land concession. 
 (Note: Under the 2001 Land Law and a March 2003 subdecree on 
social land concessions, such concessions are granted by the 
RGC for residential and family farming purposes at no cost to 
the beneficiary.  End note.)  The concession seemed like a 
good deal to the community members and they signed on.  The 
documents they signed lacked detailed information and the 
community members did not look into the stipulations of 
social land concessions before they signed.  Ou Virak stated 
that it was not until after the paperwork was completed that 
the community members realized the subdecree on social land 
concessions allows for only about three hectares to be 
allocated per family.  Some of the families had been on as 
many as 75 hectares prior to the social concession.  After 
the three hectares were doled out to community families, 
there were approximately 3,000 hectares of land left over 
that were sold for a reported USD 2,500 per hectare in an 
economic land concession. 
 
¶4.  (SBU) According to Ou Virak another clever tactic has 
been employed in a recent Banteay Meanchey province case: 
local authorities used the names of high-ranking government 
officials such as Minister of Interior Sar Kheng and 
Cambodian National Police Commissioner Hok Lundy on local 
land titles in attempts to claim land.  Several of the 
high-ranking officials whose names were used were reportedly 
approached by community members and rights groups during the 
disputes.  Three of the officials denied any connection with 
the cases, stating they did not want their names on the 
titles.  Ou Virak later provided an update on this case 
noting a positive turn.  Prime Minister Hun Sen recently gave 
remarks stating that all of the land in this Banteay Meanchey 
case should be returned to the community members.  Notably, 
the Prime Minister also stated that sometimes NGOs are right 
and he threatened to remove the provincial deputy governor 
who is alleged to be complicit in the case.  There has not 
yet been implementation of Hun Sen's orders. 
 
Education Can End Impunity 
-------------------------- 
 
 
PHNOM PENH 00000360  002 OF 003 
 
 
¶5.  (SBU) Theary Seng concurred with the 2007 Human Rights 
Report for Cambodia that impunity continues to be a human 
rights hurdle and stated that the trends of impunity and the 
use of the courts and the law for political ends show no 
signs of decreasing.  She said she feels a sense of urgency 
to address impunity, in particular in relation to land cases 
and in light of the possibility of oil and gas coming online 
in Cambodia in coming years.  She stated that the problem is 
not that there is a lack of knowledge "at the upper level" 
where people would be "cutting off their own arms" by 
empowering the people.  She is striving to get information to 
people who may not know their rights as soon as possible. 
She stated that education and training on legal rights may 
help reduce impunity by providing victims of abuses with 
information to help them pursue justice through the legal 
system.  She noted the USAID-funded Program on Rights and 
Justice (PRAJ) as a commendable effort to provide legal 
education to Cambodians. 
 
Draft Law on Demonstrations -- Permissive or Restrictive? 
--------------------------------------------- ------------ 
 
¶6.  (SBU) Both Ou Virak of CCHR and Ang Chanrith of the Khmer 
Kampuchea Krom Human Rights Organization stated that the 
freedom to demonstrate would continue to be a priority for 
their organizations.  According to Ang Chanrith, 
"Demonstrations and strikes are not easy" because requests to 
demonstrate have been denied in the past.  (Note: The 2007 
Human Rights Report describes problems CCHR and Khmer 
Kampuchea Krom organizations have experienced in holding 
public gatherings.  End note.)  Pilorge asserted that the new 
draft law on demonstrations was problematic, but others 
seemed less concerned.  In a previous conversation with a 
UNOHCHR Cambodia Office staffperson, Poloff was told that the 
UNOHCHR had done some work with the Ministry of Interior on 
the draft law and thought the proposed bill would be an 
improvement over the current law, passed in 1991.  The 
current law specifies that organizers must provide written 
notification to local authorities and that authorities may 
deny permission if they judge the demonstration "might cause 
chaos."  The law also states that, "Group meetings, 
gatherings in public places or public thoroughfares, and 
street demonstrations that might affect public peace, order, 
or security... are absolutely prohibited."  The draft law is 
currently under revision with the Ministry of Interior.  Post 
will continue to monitor the draft law's progress. 
 
CWCC "Happy" With New TIP Law 
----------------------------- 
 
¶7.  (SBU) The new Executive Director of the Cambodian Women's 
Crisis Center, Say Vathany, told the roundtable that she is 
looking forward to law enforcement efforts under the new 
trafficking in persons law.  She said CWCC is "happy" with 
the new law.  She echoed Theary Seng's comments that impunity 
is generally a problem, and that, "even someone with a little 
power has impunity."  She stated that she has seen cases in 
which a husband beats his wife but because the husband is 
friends with the police, he is not punished.  (Note: and 
there is no mechanism for appeal or redress.  End note.) 
 
Some Khmer Kampuchea Krom Feel CPP Pressure 
------------------------------------------- 
 
¶8.  (SBU) Khmer Kampuchea Krom Human Rights Organization 
Executive Director ANG Chanrith told the roundtable that he 
has heard of cases in which CPP members have paid Khmer 
Kampuchea Krom individuals to join the CPP in the runup to 
the election.  He said "one woman from the Senate" asked him 
to join the CPP and said that if he did and if he joined the 
Cambodian Red Cross he would be paid USD 500 per month. 
(Note: The Cambodian Red Cross is headed by Prime Minister 
Hun Sen's wife Bun Rany.  End note.)  He said that he sought 
protection from the United Nations Cambodia Office of the 
High Commissioner for Human Rights (UNOHCHR) after he was 
approached by the Senator as an advance measure in case he 
later experiences intimidation as a follow-on to what so far 
has been an attempt to buy him off. 
 
¶9.  (SBU) Khmer Kampuchea Krom rights groups have, in the 
past, complained that some Khmer Kampuchea Krom individuals 
in Cambodia have difficulties obtaining national identity 
cards when they apply for them with the Ministry of Interior 
through their local commune council members.  Ang Chanrith 
stated during the meeting that now, in the run-up to the 
election, there have been cases in which CPP commune council 
members have refused to issue identity cards to Khmer 
Kampuchea Krom persons who do not support the CPP.  Ang 
Chanrith said that "many" Khmer Kampuchea Krom do not have ID 
 
PHNOM PENH 00000360  003 OF 003 
 
 
cards and many do not know their rights, particularly women 
and those who are illiterate.  (Note:  National ID cards 
facilitate access to poll stations on election day.  However, 
alternate IDs can also be used to vote.  End note.)  He said 
they are often so focused on trying to meet their daily 
living needs that they "ignore their rights" and do not get 
involved in political activities. 
 
Update On SRP Member Arrested For Illegal Detention 
--------------------------------------------- ------ 
 
¶10. (SBU) LICADHO Director Naly Pilorge referred to the 
recent arrest of SRP member Tuot Saron on charges of illegal 
detention (Ref B) as a case in which arrests and the courts 
are being used by the ruling party to undercut the 
opposition.  Without citing evidence, Pilorge predicted that 
there may be attempts to arrest SRP MP and Sam Rainsy's wife 
Tioulong Samura in connection with the case.  (Note: Members 
of Parliament have immunity in Cambodia.  End note.)  CCHR 
Director Ou Virak stated a common human rights NGO 
perspective that there was "no such thing" as the kidnapping 
of Tim Norn because alleged victim Tim Norn had access to her 
cell phone and her family during the time of the incident. 
He also said that the two other SRP members who were expected 
to face arrest in connection with the case have already left 
for Thailand where they are "safe." 
 
Comment 
------- 
 
¶11.  (SBU) The human rights leaders were characteristically 
pessimistic, as is prone to happen with a goal of attaining 
universal standards of human rights in a country with a 
history of human rights abuses.  The roundtable was also a 
prime opportunity for the leaders to get together to vent 
their frustrations about a government they presumably would 
like to see go away.  If asked to compare the Cambodia of 
today with that of five, 10, or 15 years ago, they might have 
presented a different mood reflective of some positive 
changes.  However, they would likely also have pointed out 
that many of the abuses of the past have not been resolved, 
contributing to an air of impunity that remains still today. 
 
¶12.  (SBU) The Cambodian human rights situation has improved 
over previous election years, when there were numerous 
reports of politically motivated killings and other abuses. 
During the roundtable, human rights leaders also discussed 
displeasure with the pre-election atmosphere (Post will 
address those concerns in a separate pre-election update 
cable).  Some government officials are receptive to human 
rights concerns, such as when Minister of Interior allowed an 
opposition march and rally to go forward on April 6 at the 
Ambassador's urging (Ref A). Nonetheless, problems remain. 
Land disputes, impunity, limitations on freedom of assembly, 
and lack of rule of law still head the list of issues that 
tarnish Cambodia's international image and limit the freedom 
of its people.  The embassy will continue to work on these 
issues -- both via direct interaction with government 
officials and civil society and via USAID's planned 
five-year, USD 20 million rule of law program. 
MUSSOMELI