VZCZCXRO4268
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0811/01 3030559
ZNY CCCCC ZZH
P 300559Z OCT 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 1316
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHBY/AMEMBASSY CANBERRA PRIORITY 2405
RUEHFR/AMEMBASSY PARIS PRIORITY 0727
RUEHKO/AMEMBASSY TOKYO PRIORITY 3308
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2414

C O N F I D E N T I A L SECTION 01 OF 04 PHNOM PENH 000811 
 
SIPDIS 
 
STATE FOR EAP/MLS, IO, DRL, S/WCI 
USUN FOR M. SIMONOFF 
 
E.O. 12958: DECL: 10/29/2019 
TAGS: PREL PGOV KJUS PHUM EAID CB
SUBJECT: EAP/MLS DEPUTY DIRECTOR PALMER SEES UP CLOSE 
CAMBODIA'S PROGRESS, CHALLENGES 
 
REF: A. STATE 108210 
     ¶B. PHNOM PENH 765 
     ¶C. PHNOM PENH 746 
     ¶D. PHNOM PENH 745 
     ¶E. PHNOM PENH 652 
     ¶F. PHNOM PENH 62 
 
Classified By: DCM Theodore Allegra for reasons 1.4 (B,D) 
 
¶1.  (SBU) SUMMARY:  EAP/MLS Deputy Director Matthew Palmer 
visited Cambodia October 20-26 to take part in a Conference 
on the Lower Mekong Initiative (septel), meet key 
counterparts in the Royal Government of Cambodia (RGC), 
address human rights issues, visit bilateral assistance 
program sites, and observe the Khmer Rouge Tribunal (KRT). 
While progress was palpable at the KRT, with the first case 
soon coming to a close, the complications to be faced in the 
second case against four Khmer Rouge leaders were evident.  A 
visit to a resettlement site west of Phnom Penh showed some 
progress being made to handle land issues.  Human rights 
leaders indicated that, while progress had been made in the 
2008 national election, the restriction of political space 
since that time remained a major issue.  Cambodia's bilateral 
border dispute with Thailand was painted by Senior Minister 
Var Kim Hong as solvable under international law, but 
Cambodia is waiting for Thai action in Thailand's parliament. 
 Palmer also briefed Ministry of Foreign Affairs Secretary of 
State Ouch Borith on the latest plans for the Lower Mekong 
Initiative and outlined the new U.S. approach towards Burma. 
END SUMMARY. 
 
Khmer Rouge Tribunal 
-------------------- 
 
¶2.  (SBU) KRT Public Affairs Section chief Reach Sambath led 
a brief tour of the KRT courtroom facilities, noting the 
large auditorium had hosted more than 27,000 Cambodian 
observers at the seven-month-long trial (Case 001) of S-21 
torture center head Kaing Guek Eav (aka Duch) and that the 
advanced audiovisual equipment allowed for live feeds, 
including live telecasts of the trial by the popular CTN TV 
network.  In a subsequent joint briefing by the ECCC's 
national director Tony Kranh and UN deputy Knut Rosandhaug, 
Kranh remarked on the success of Case 001, which could make 
the ECCC a model for hybrid tribunals undertaken with the UN 
but hosted by the nation in which international crimes had 
been committed.  He underscored that such a "mixed court" 
also posed challenges in meeting international standards as 
well as in attracting needed financial support.  Although the 
KRT administration was comprised of one court with two 
components, Kranh said that the UN and the Cambodian sides 
had very good relations.  The closing arguments in the Duch 
case in mid-November were expected to be a big event in 
Cambodia and would attract much international attention, he 
concluded. 
 
¶3.  (SBU) Deputy Director Rosandhaug said the KRT faced the 
prospect of massive enhancements to its pace and process in 
2010 to meet the requirements of Case 002 against four Khmer 
Rouge leaders -- Nuon Chea, Khieu Samphan, Ieng Sary and Ieng 
Thirith.  He glossed over the budget for 2010-2011 (which 
others have reported as approximately $64 million for the 
international side and $19 million for the national side), 
but noted positive developments in the appointment of Clint 
Williamson as a Special Advisor to the UN Office of the Legal 
Advisor (UN/OLA), who is expected to focus on the KRT.  When 
asked about implementing the mechanism to prevent corruption 
(Ref B), Rosandhaug said that although some in the court did 
not easily understand this ombudsman-type mechanism, its 
start-up was underway.  But more importantly, all of the 
evidence suggested that corruption at the court had ceased 
and was no longer a problem. 
 
¶4.  (SBU) Rosandhaug speculated on the timetable for the 
conduct of the three cases before the court -- Cases 001 and 
002 against the five detained suspects, and Case 003 for a 
sealed indictment against five additional unnamed suspects 
who remain under investigation.  Rosandhaug said that the 
timetable and resulting budget were "much more credible" as 
the result of budget planning by former Special Advisor to 
UN/OLA David Tolbert.  A rough sketch of that timeline 
follows: 
 
     Case 001 
           Closing arguments                 Nov. 2009 
 
PHNOM PENH 00000811  002.3 OF 004 
 
 
           Judges' Decision                  March 2010 
           Appeal conclusion                 End of 2010 
 
     Case 002 
           Co-investigation by judges ends   End of 2009 
           Closing Order (CO)                Sept. 2010 
           Appeals of CO                     Dec. 2010 
           Trial ends                        Mid- 2012 
           Judges' Decision                  Dec. 2012 
           Appeal conclusion                 End of 2013 
 
     Case 003 
           Co-investigation by judges ends   July 2011 
           Closing Order                     Apr. 2012 
           Appeals of CO                     Aug. 2012 
           Trial ends                        Early 2014 
           Judges' Decision                  Mid- 2014 
           Appeal conclusion                 Mid- 2015 
 
 
¶5.  (SBU) Stating his belief that Cambodia did not intend to 
violate international standards at the KRT, Rosandhaug 
nonetheless cautioned that some in the RGC did not understand 
the concept of separation of powers, such as between the 
legislature and the judiciary.  Although he gave no 
indication of any interference to date, Rosandhaug appealed 
for the United States to remain engaged in the ECCC as both a 
donor and as a moral leader to communicate the international 
community's expectations for credible justice.  He also 
praised the work of the Documentation Center of Cambodia 
(DC-CAM) as "invaluable" to the ECCC's mission. 
 
¶6.  (SBU) ECCC acting international Co-Prosecutor William 
Smith gave Palmer a brief assessment of judicial progress, 
stating that the prosecutor may seek to begin courtroom 
proceedings in Case 002 as early as November 2010.  He gave 
assurances that the KRT cases were "tuned and narrow," and 
wer not too broad or complicated.  Thus, although he 
acknowledged the potential for "political" interference, he 
speculated that the cases could proceed well as a result. 
The other "real issues" facing the court were the 
three-languages requirement and the ages of the four main 
accused in Case 002, he said.  Smith, an Australian national, 
made clear his view that the Pre-Trial Chamber must sit 
full-time in order to accomplish its work in a timely fashion 
to keep Case 002 moving.  On cooperation with the Cambodian 
co-prosecutor, he said that the two sides had agreed to 
disagree on the Case 003 submissions (NOTE: the Cambodian 
co-prosecutor was opposed and the Pre-Trial Chamber ruled in 
favor of prosecuting. END NOTE), but that they had very, very 
good cooperation on the work of their office. 
 
The Long View on Human Rights 
----------------------------- 
 
¶7.  (SBU) At a lunch hosted by the DCM, the four most 
influential human rights leaders in Cambodia gave their views 
on the current status of human rights in the country.  Kek 
Pung of activist group LICADHO gave the most emotional and 
pessimistic assessment, noting the unsolved killing of 
journalists over the years (the last in 2008), and claiming 
that Koh Kong residents along a river that was being dredged 
for sand (in violation of an order by Prime Minister Hun Sen) 
had lost their livelihoods.  All of the HR leaders agreed 
that the political space in Cambodia was now narrower as a 
result of a spate of defamation cases in 2009 (Ref D), and 
expressed unspecified concerns for the new Penal Code's 
potential effect on freedom of expression.  They had 
similarly non-specific anxiety about the potential for a 
proposed draft "NGO Law" to curtail their organizations' 
activities.  ADHOC Leader Thun Saray explained the pressure 
put on ADHOC land issues advocate Pen Bonnar in Ratanakiri by 
a local judge, and ADHOC's decision to remove their rights 
advocate from that area.  Ou Virak of the Cambodian Center 
for Human Rights presented an overall positive view of 
Cambodia's human rights development and noted that the 
judge's numerous improprieties had come to the attention of 
the Supreme Council of the Magistracy, which would likely 
investigate the judge.  (NOTE: We later confirmed that the 
RGC was actively investigating the judge for corruption 
related to Ratanakiri land cases. END NOTE.) 
 
¶8. (SBU) Thun Saray observed that a free market economy could 
not exist in the absence of a pluralistic democracy, and vice 
versa.  He and the other human rights leaders urged the U.S. 
 
PHNOM PENH 00000811  003 OF 004 
 
 
to press the RGC on this point, while helping to reaffirm the 
dynamic and hopeful character of the Cambodian people. 
Christophe Peschoux noted that the UN Office of the High 
Commissioner for Human Rights was making progress in 
Cambodia, especially with the Ministry of Interior on some 
aspects of due process, but that many challenges to the rule 
of law remained, including corruption.  Although most agreed 
that the national election in 2008 was the most peaceful and 
best-regulated to date, reactions were mixed about the 
actions of the elected parliament controlled by the CPP (with 
90 of 123 seats) and with internal rules that allow for 
little participation by the opposition other than 20 minutes 
of debate time allotted to a "group of 10."  Issues regarding 
land claims were considered a central problem by all four 
human rights advocates. 
 
¶9. (SBU) Palmer visited Damnak Trayoeung, a resettlement site 
occupied by former residents of the Dey Krahorm community who 
were forcibly evicted in January after a long-running land 
dispute in central Phnom Penh (Ref F).  The site, while 
vastly improved since January with access to electricity, 
water, and schools, nevertheless highlighted some of the 
humanitarian issues related to evictions and resettlement in 
Cambodia.  Former Dey Krahorm land-owners had received brick 
apartments in Damnak Trayoeung, but former renters, who under 
Cambodian law were not eligible for compensation, continue to 
live under tarps or other makeshift structures at the site 
and rely on NGOs for basic humanitarian support.  A renter 
community representative told Palmer that the government 
planned to move them again to neighboring Kandal Province. 
 
Land Border Dispute Stuck in Thai Parliament 
-------------------------------------------- 
 
¶10.  (SBU) At the RGC Council of Ministers, Var Kim Hong, 
Senior Minister and Chairman of the RGC Border Committees 
briefed Palmer on UNESCO's 2008 inscription of the Preah 
Vihear Temple World Heritage Site and the subsequent dispute 
with Thailand over 4.6 square kilometers adjacent to the 
site.  Var Kim Hong reasserted that Cambodia stood by the 
judgment of the International Court of Justice (ICJ) in 1962, 
that a French-Siam survey in 1904-07 and the map it produced 
(and used by the ICJ) were a sound basis for border 
demarcation negotiations with Thailand, and that Cambodia was 
ready to resolve the issue peacefully based on a 2000 MOU 
with Thailand and related Terms of Reference.  Var Kim Hong 
praised the professionalism of his Thai counterpart on the 
Joint Border Commission (JBC), but lamented that the JBC 
could not meet because the Thai parliament had yet to approve 
3 joint Cambodian-Thai communiqus already initialed in prior 
meetings over the last 18 months.  Var Kim Hong mentioned 
that agreed border resolution mechanisms were poised to move 
just as soon as the Thai parliament took a decision on the 
joint communiqus.  These mechanisms would include further 
negotiations within the main JBC as well as the convening of 
a joint legal committee and a joint border demarcation team 
supplemented by joint de-mining activities in agreed areas 
along the border areas. (NOTE:  Tens of thousands of mines 
were laid along the Thai-Cambodian border during Cambodia's 
multiple conflicts during the period 1969 to 1998.  It was 
only in late 1998 when the Khmer Rouge finally laid down its 
weapons that locations such as the Preah Vihear Temple 
reverted to Cambodian government control, and many areas 
immediately adjacent to the 805-kilometer border have not 
been de-mined. END NOTE.)  Var Kim Hong also remarked on the 
need to implement a Cambodian-Thai agreement to re-deploy 
troops now in the vicinity of the Preah Vihear temple. 
 
Mekong River Initiative 
----------------------- 
 
¶11.  (SBU) At the Ministry of Foreign Affairs, Palmer October 
22 briefed Secretary of State Ouch Borith on the Lower Mekong 
Initiative (LMI), noting that the Deputy Chiefs of Mission 
from the four Lower Mekong countries and senior USAID 
personnel had met in Phnom Penh to discuss next steps.  We 
wanted to follow up the commitments from the Phuket 
ministerial and set the stage for what we hoped would be a 
similarly successful ministerial in Hanoi.  The LMI had 
strong support in Washington and from the Lower Mekong 
countries themselves.  We were interested in RGC ideas to 
refine the initiative and further strengthen cooperation in 
the areas agreed to in Phuket, including health, environment, 
and education. 
 
 
PHNOM PENH 00000811  004 OF 004 
 
 
¶12.  (SBU) Ouch Borith said that Foreign Minister Hor Namhong 
had been highly receptive to the LMI and was eager to know 
when an experts group could meet.  For Cambodia, among the 
most significant concerns were climate change and protecting 
the environment of the Mekong River.  The RGC looked forward 
to more information on the LMI and intended to cooperate 
fully in the effort, he concluded. 
 
¶13.  (SBU) Palmer raised Cambodia's recent spate of 
defamation cases (Ref D) as a problem that affected USG 
perceptions of Cambodia.  Ouch Borith replied that he has had 
frank discussions with the EU on the same subject, but noted 
that Cambodia had been acting in accordance with an 
UN-drafted law from the UNTAC era in order to defend the 
credibility and honor of RGC leaders.  Acknowledging that the 
right balance had to be struck between defending honor and 
allowing freedom of expression, Ouch Borith urged more 
officials from the U.S. to visit Cambodia in order to see the 
scope of freedom of expression that is evident throughout 
Cambodian society. 
 
Burma 
----- 
 
¶14. (C) Palmer then briefed Ouch Borith on the U.S. Burma 
policy review and current plans for U.S. engagement with 
Burmese officials (Ref A).  Noting that sanctions had not 
worked in Burma, Ouch Borith said that Cambodia welcomed the 
new Burma policy.  Referring to gas and oil pipelines the 
Burmese junta was developing jointly with Thailand, Ouch 
Borith said that business as usual continued with the Burmese 
despite the sanctions.  If the world pushes too hard with 
sanctions, Burma will "go to India and China," he cautioned. 
When Senator Webb met with Prime Minster Hun Sen in August 
(Ref E), the Prime Minister noted his support for the 
democratization of Burma, his concern about Aung San Suu Kyi, 
and his support for elections in 2010.  In the meantime, 
Cambodia would wait to see what happens with A/S Campbell's 
visit to Burma in November.  Ouch Borith took on board the 
USG request that other ASEAN nations -- including Cambodia -- 
underscore to the Burmese leadership they have a new opening 
to improve their standing in the international community if 
they moved forward now to address the world's concerns. 
 
 
TIP Challenges 
-------------- 
 
¶15.  (SBU) In meetings with anti-trafficking NGOs in Siem 
Reap, Palmer heard of the many challenges facing Cambodia in 
the fight against trafficking and child sex tourism.  Rong 
Ratana from Action Pour Les Enfants (APLE), noted he receives 
good cooperation from the national police, which he believes 
is committed to the issue, but that he faces obstacles with 
the court, which is corrupt, focuses on hard evidence, and 
often ignores victim testimony.  Rong admitted that APLE 
focuses on Western sex tourists because they are easier to 
spot and often approach or groom the child directly.  Asians 
tend to be more careful and use middlemen to solicit 
children.  Although procuring prostitution is illegal, 
middlemen such as tuk-tuk drivers or guest house operators 
are typically not targeted or prosecuted by law enforcement 
and the courts.  Rong also noted the lack of capacity within 
law enforcement and Cambodia as a whole in the area of 
information technology as being a major obstacle to 
successful forensic child pornography investigations. 
 
¶16. (SBU) Sao Chhoeurth, National Coordinator for NGO AFESIP 
which also provides victims assistance, affirmed that the 
government is committed, but that it lacked capacity, 
sufficient policies, and clear plans.  Chhoeurth indicated 
that the TIP Report is a "powerful tool" for promoting 
change, and has prompted increased action and understanding 
of the problem of human trafficking in Cambodia.  According 
to Chhoerth, noteworthy recent government advancements 
include the creation of TIP working groups and increased 
consultation with NGOs. 
 
¶17.  (SBU)  EAP/MLS Deputy Director Matthew Palmer cleared 
this cable. 
RODLEY