Cablegate: Cambodia's Season of Political Silliness: No
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SUBJECT: CAMBODIA'S SEASON OF POLITICAL SILLINESS: NO
THREAT TO BROADER REFORM AGENDA
1. (SBU) Summary. Recently, the Cambodian public has
witnessed its National Assembly attempt to outlaw adultery as
well as limit its members' freedom of speech in return for
pensions and other financial benefits. This was followed by
the PM vetoing any future Miss Cambodia beauty contests. The
ban on a national beauty contest follows in the wake of other
measures some observers see as the ruling CPP's desire to
secure the high ground on family values -- and to distinguish
the CPP from Prince Ranariddh and other FUNCINPEC leaders'
alleged penchant for mistresses. Members of the donor
community and the diplomatic corps worry that the Cambodian
government's current fixation on less important issues pushes
more significant reform issues further behind schedule.
Opposition political leader Sam Rainsy believes the recent
government actions are designed to distract citizens'
attention from real issues -- lack of jobs and health care,
and corruption and Heng Pov. End Summary.
Legislating Morality
--------------------
2. (U) As the National Assembly returned to work at the end
of August from its summer recess, one of the first agenda
items was an unexpected bill criminalizing adultery. The law
stipulates that guilty parties could spend up to one year in
prison and fined up to USD 250. CPP party members argued
that nothing less than the morality of the nation was at
stake, while opposition SRP members said that the state
should not police people's bedrooms. CPP and SRP Muslim MPs
debated whether the law was consistent with Islam. On
September 1, 64 National Assembly members (just over the 50
percent plus one needed) out of 123 MPs voted for the draft
law; most FUNCINPEC MPs staged a walkout in protest, although
one FUNCINPEC MP, Princess Sisowath Santa, voted in favor of
it and two others abstained. The remaining 63 MPs who voted
for the law were from the CPP. SRP MPs either voted against
the law or abstained. SRP members worried that the
legislation could be selectively targeted to individuals for
political reasons. CPP MP and National Assembly President
Heng Samrin assured the media that the law will not only help
save Cambodian families but will curb corruption as the need
for money to support mistresses is why public officials steal
from the state. In one of the more surreal assessments of
the law, government spokesman Khieu Kanarith said he opposed
the draft law as extramarital affairs can be useful to
relieve stress, and he worried that Cambodia's passage of
such a law could be damaging to Cambodia's international
reputation.
3. (U) NGOs viewed the adultery law as an infringement on
people's individual rights that did not serve government
interests. The Cambodian Center for Human Rights director
Kem Sokha worried that women would be targeted for
prosecution more than men. FUNCINPEC advisor to Prince
Ranariddh Ok Socheat said that the legislation was an attack
against the Prince, but denied that Ranariddh's current
travel outside Cambodia was linked to fears that the Prince
might be arrested once the law was passed. While many
Cambodians interviewed by the media on the issue agreed that
the law was good in that it supported families and higher
moral principles, many others did not believe the government
would enforce the law. Some observers believe it is moral
posturing by the CPP and offered that the legislation stemmed
from growing concerns among CPP wives regarding their
husbands' fidelity. They linked the new law to the
government's ban in May of the new generation of 3D mobile
phones, which was supported by wives of CPP officials who
worried that their husbands were viewing sexually explicit
photos of younger women. (Comment: One CPP insider told the
Embassy that the CPP has more mistresses than FUNCINPEC or
any other party, and doubted the legislation would have any
real impact on reducing adultery. End Comment.)
Limiting Speech
---------------
4. (U) On August 30, the National Assembly passed a new law
that would pave the way for a parliamentarian to be charged
with a crime and detained prior to lifting of parliamentary
immunity. CPP, FUNCINPEC and SRP MPs voted in favor of the
new law; the only dissenting vote came from SRP MP Keo Remy.
The new law also provided a clause that many see as limiting
MPs' right to speak freely on issues -- this particular
article has been deemed by some to be unconstitutional and
has created a firestorm of debate. Some SRP members
unwittingly voted for the new law as they neglected to read
the draft legislation carefully and did not consult closely
with senior SRP party officials. The law provided pensions
and funeral benefits, so many MPs were happy with the draft
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law. CPP officials and others have suggested that the law is
not intended to limit speech, but to encourage responsible
debate.
5. (U) Article 12 says that MPs may be arrested and
detained in cases where the parliamentarian commits a crime
in flagrante delicto. Article 11, however, maintains that a
two-thirds majority of MPs is needed to lift an MP's
immunity; the 50 percent plus one rule does not apply. The
relevant section related to freedom of speech is Article 5,
which says that an MP may not use his or her immunity to
abuse an individual's honor, social customs, public order and
national security. According to FUNCINPEC lawmaker Monh
Saphan, the law was in draft form for nearly a year, and MPs
from all three parties had initially been involved in the
drafting. However, SRP MP Keo Remy complained that SRP
suggestions for the draft law -- such as establishing a
National Assembly commission to review any lifting of an MP's
immunity prior to a vote -- are not included.
6. (SBU) SRP leader Sam Rainsy told A/DCM on September 7
that he regretted the SRP did not handle the vote well. Son
Chhay is the party's National Assembly whip and was out of
the country when the debate and vote took place. He would
have organized a stronger debate and mobilized all SRP MPs to
reject the draft law, said Rainsy. The SRP has since
petitioned the Constitutional Council to review the law and
assess its conformity to the Cambodian Constitution. Article
80 of the Constitution notes that National Assembly members
may not be arrested or prosecuted for opinions expressed in
the conduct of their official duties. Rainsy complained that
the public debate on this bill and the adultery law are
simply diversions to distract the public from the
government's shortcomings in dealing with real issues of
corruption, lack of jobs and healthcare, and to push the
media away from the Heng Pov story, which has received a
great deal of press attention in Cambodia.
Ban on National Beauty Contests
-------------------------------
7. (U) On September 5 during a visit to Svay Rieng
province, PM Hun Sen announced that there would be no
national Miss Cambodia beauty pageants as long as he remains
the Prime Minister. The PM urged that the country focus its
efforts and attention on poverty reduction, and wait until
per capita incomes exceed USD 1,500 before reinstating the
contest. He disparaged beauty contests and the way in which
contestants normally wear swimsuits and other revealing
costumes. The PM said that local contests could continue as
long as the pageants did not display the national flag or in
any way suggest the beauty show was linked to the country's
image. NGOs and political opposition figures criticized the
PM for focusing on a non-issue instead of marshaling the
country's resources more effectively to fight poverty.
Comment
-------
8. (SBU) While these recent stories have captured a good
deal of public attention, they are relatively insignificant
in terms of Cambodia's broader reform agenda. The new
legislation's ability to rein in free speech among MPs is
doubtful, and even some NGOs concede it may be constitutional
and may not pose a real impediment to open debate. We agree
that the CPP's focus on morality issues is a time-honored,
worldwide legislative diversion to draw attention away from
more meaningful issues, and has slowed progress on
long-awaited legislation. The adultery law was drawn up in a
few months' time and pushed to the top of the National
Assembly's agenda while other more important bills that have
languished for months (or years), e.g., the counter-terrorism
bill, draft anti-trafficking law, anti-corruption
legislation, etc., continue to await National Assembly
action. Even the Japanese Embassy is unhappy with the RGC's
recent fixation on issues of little political significance
when there are serious reforms at stake, and reportedly plans
to raise this with the government. End Comment.
MUSSOMELI