VZCZCXRO0428
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0579/01 2240909
ZNY CCCCC ZZH
O 120909Z AUG 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1054
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000579 
 
SIPDIS 
 
STATE FOR EAP/MLS, D, P 
 
E.O. 12958: DECL: 08/10/2019 
TAGS: PGOV PREL CB
SUBJECT: AMBASSADOR'S MEETING WITH DPM AND FM HOR NAMHONG 
 
REF: A. PHNOM PENH 564 
      ¶B. PHNOM PENH 555 
      ¶C. PHNOM PENH 549 
      ¶D. PHNOM PENH 489 
      ¶E. PHNOM PENH 469 
 
 
Classified By: CHARGE D'AFFAIRES THEODORE ALLEGRA FOR REASONS 1.4 (B, 
D) 
 
¶1.  (C) SUMMARY: During an August 10 meeting, Deputy Prime Minister 
and Minister of Foreign Affairs Hor Namhong expressed to the 
Ambassador Cambodia's deep appreciation for recent initiatives with 
the USG such as the Lower Mekong Ministerial, concurred that an 
anti-corruption mechanism for the Khmer Rouge Tribunal is useful and 
important, and noted full cooperation on the upcoming visit of U.S. 
Senator Jim Webb.  On the subject of recent defamation lawsuits, Hor 
Namhong's view that they are an important recourse to irresponsible 
uses of free speech conflicted with the Ambassador's position that 
they unnecessarily constrict political freedoms.  END SUMMARY. 
 
Defamation and Free Expression 
------------------------------ 
 
¶2.  (C) Ambassador expressed her concern that the recent aggressive 
prosecution of cases of defamation and incitement were having a 
chilling affect on free speech in Cambodia.  She highlighted that 
these actions not only create an environment that is intimidating for 
Cambodian civil society, but that also attracts negative publicity 
outside Cambodia.  While the Ambassador noted that public figures are 
sometimes attacked unfairly, she stressed that they need to be 
tolerant of reasonable criticism, and should develop a "thick skin." 
She maintained that public figures should be subject to wider and 
deeper criticism than private citizens. 
 
¶3.  (C) Hor Namhong agreed that freedom of expression needs to be 
respected, but noted that recourse to the court system must be 
available when the public discourse reaches beyond fair accusations. 
He pressed the point that freedom of expression has a limit and that 
there is an obligation to respect the dignity of others.  He quipped 
that "your right to freedom of expression stops at the point where 
the rights of other people start."  He also remarked that Cambodian 
defamation laws were similar to those held in European countries such 
as France.  While the Ambassador agreed that a balance had to be 
struck between freedom of expression and responsible reporting, the 
point of equilibrium remained in disagreement.  Hor Namhong argued 
that these lawsuits were necessary to defend honor and dignity, and 
in perhaps demonstrating a recognition of "- or exasperation with"- 
the media's role, he remarked that "everything is criticized here." 
 
¶4.  (C) Hor Namhong promised to look into any actions aimed 
specifically at lawyers, agreeing that the right of lawyers to freely 
represent clients is fundamental to a democracy.  He also agreed that 
criticism of public figures is acceptable as long as it focused on 
their public duties.  Although he agreed with the Ambassador that 
criticism of public figures is more acceptable than personal attacks 
on private citizens, Hor Namhong defended the recent defamation 
lawsuits on largely the same grounds we have heard from other senior 
government officials. 
 
ECCC Anti-Corruption Mechanism: Awaits U.N. Approval 
--------------------------------------------- ------- 
 
¶5.  (C) The Ambassador briefed that the Ambassador at Large for War 
Crimes Clint Williamson last week had facilitated Deputy Prime 
Minister Sok An's decision to sign an agreement with the United 
Nations on an anti-corruption mechanism at the Extraordinary Chambers 
in the Courts of Cambodia (ECCC), the Khmer Rouge Tribunal (Ref A). 
The Ambassador expressed her hope that U.N. Assistant Secretary 
General Peter Taksoe Jensen would sign the agreement and that the 
United Nations would make an announcement on the agreement this week. 
 
¶6.  (C) Hor Namhong remarked that he was skeptical about the 
underlying reasons for the creation of the anti-corruption mechanism, 
stating that several audits had not revealed any evidence of 
corruption.  At the same time, Hor Namhong was optimistic that the 
mechanism could prevent any future acts of corruption while also 
serving to make the ECCC more transparent. 
 
¶7.  (C) Hor Namhong also requested additional contributions from the 
U.S. for the ECCC, adding that U.S. support would serve U.S. 
interests.  He stated that the USG's public image on this issue was 
damaged by the political support that the U.S. had given to the Khmer 
Rouge regime after it fell from power in 1979, and that contributions 
to the ECCC would repair public opinion. 
 
Next Steps for the Lower Mekong Ministerial 
------------------------------------------- 
 
¶8.  (C) Hor Namhong expressed interest in the U.S. Lower Mekong 
Ministerial in which he participated last month in Phuket, Thailand 
 
PHNOM PENH 00000579  002 OF 002 
 
 
and thanked Secretary Clinton for her efforts to inaugurate it.  The 
next step was to appoint Working Group experts.  He stated that the 
members hadn't decided where to meet next year, but he expressed 
strong interest in hosting a meeting in Phnom Penh. 
 
¶9.  (C) Hor Namhong, who also supervises the national Mekong 
Commission, expressed keen interest in the sister-river partnership 
between the Mekong and Mississippi River Commissions.  He stated that 
the Mekong River and the Tonle Sap constitute "the livelihood of the 
Cambodian people."  He expressed his concern about environmental 
issues, such as seasonal flooding and pollution, and hoped that the 
sister-river partnership could lead to better management of the 
Mekong River.  The Ambassador presented to Hor Namhong a DVD that was 
developed by the U.S. Geological Survey (USGS) titled "Forecast 
Cambodia" which specifically discusses the global climate's impact on 
Cambodia. 
 
Ambassador Announces Senator Webb Visit 
--------------------------------------- 
 
¶10.  (C) The Ambassador informed Hor Namhong that U.S. Senator Jim 
Webb, Chairman of the Asian Subcommittee in the Senate Foreign 
Relation Committee, was expected to arrive in Cambodia on August 18. 
The Ambassador noted that this will be Senator Webb's first visit to 
Cambodia and an excellent opportunity for a key U.S. policy maker to 
observe the progress that Cambodia has achieved.  Hor Namhong 
welcomed the visit and wished that more visitors would come to 
Cambodia, stating that it's "better to come see the realities of 
Cambodia than look at the internet and the media."  He also expressed 
his satisfaction that, as each year passed bilateral relations were 
continuing to improve. 
 
¶11.  (C) COMMENT: Hor Namhong spoke candidly and openly, and when he 
didn't have a response to a specific concern he directed his staff to 
find the answers.  He was generally agreeable and, even regarding the 
most contentious issue - the defamation lawsuits - he continually 
stressed and recognized that freedoms of expression were important 
rights central to democratic governments. 
 
ALLEGRA