C O N F I D E N T I A L SECTION 01 OF 03 SANAA 002754

SIPDIS

FOR DRL, AID AND NEA (ACTING DAS ROMANOWSKI)

E.O. 12958: DECL: 11/18/2010
TAGS: PHUM PTER PREL EU YM ICC HUMAN RIGHTS DEMOCRATIC REFORM
SUBJECT: INVITATION FOR USG PARTICIPATION IN JANUARY 2004
YEMENI-EU INTERNATIONAL HUMAN RIGHTS CONFERENCE IN SANAA:
"WE WILL ACT ON PRESIDENT BUSH'S 11/6 NED SPEECH"


Classified By: CDA Alan G. Misenheimer for reasons 1.5 (b,d).


1. (C) Summary/Comment: In an 11/18 meeting with Charge, FM
Qirbi delivered a verbal invitation for &high-level8 USG
participation in an international conference to take place in
Yemen 10-12 January 2004. Shura Council Member Mohamed
al-Tayeb, who will head ROYG preparations, provided
background in separate meetings with Charge. The conference
will be jointly sponsored (and entirely paid for) by the EU,
with its affiliated NGO, No Peace Without Justice, playing a
central role. Invitees will include: all OIC member states;
all EU member states; the United States; Canada; Japan; and
selected non-OIC African states including Chad, Ghana,
Ethiopia, and Kenya. Most invitations have been sent, with
each country,s Foreign Minister, Justice Minister and heads
of upper and lower houses of parliament invited by name.
NGOs will constitute up to half the projected 350-400
participants.


2. (C) Summary/Comment Continued: The ROYG is willing to
meet U.S. conditions -- e.g. downplaying ICC and playing up
support for Iraq, Afghanistan and the 11/5 POTUS NED speech
-- in order to draw a senior delegation from Washington.
Even so, EU sponsorship and hostiles (Libya, Iran) on the
guest list will likely constrain U.S. ability to
influence/inform conference outcomes. It is nevertheless
important that the USG be present to highlight U.S. policy
and achievements in the region. We recommend a delegation
headed at DAS level (perhaps NEA acting DAS Romanowski) and
including DRL and AID. U.S. delegation should also be able
to address criticism on ICC and GTMO. Post would welcome
Department guidance on (a) Yemeni request on invitation for
Iraq (para 7) and (b) our ongoing engagement with the ROYG on
the agenda (para 8). End summary/comment.

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WHY A HUMAN RIGHTS CONFERENCE IN YEMEN?
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3. (SBU) On 11/16 Shura Council member Mohamed al-Tayeb, a
former cabinet minister and current head of the SC,s human
rights committee, approached Charge with a preliminary
invitation for USG participation in the &Intergovernmental
Regional Conference on Democracy, Human Rights and the Rule
of Law.8 The conference will take place in Sanaa January
10-12, 2004. The event, which will be funded and
co-sponsored by the EU will aim to increase awareness and
&market8 democracy in the region. In Tayeb,s words, &We
will act on President Bush,s recent speech on democracy in
the region.8


4. (C) The impetus for the conference began last summer,
when Tayeb attended two human rights conferences in Rome
sponsored by the EU-affiliated NGO &No Peace Without
Justice.8 NPWJ members told him of plans to host a
conference on the ICC in Jordan late in the year. Tayeb
persuaded them that the ICC was not a salient enough issue
for a stand-alone conference in the Middle East, and the
discussion led to broadening the agenda and shifting the
venue to Yemen (where some NPWJ had favorable experience as
observers for Yemen,s 4/03 parliamentary elections). While
the ICC will not/not be a focus of the conference, Tayeb
confirmed that the ROYG intends to complete an Article 98
agreement with the USG as soon as possible, and then proceed
to ratify the Rome Statute prior to the conference.

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AGENDA AND MODALITIES
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5. (U) Following a plenary at Sanaa,s Republican Palace
(typically used for large, formal state occasions), the
conference will devolve into three sub-conferences --
promoting the rule of law; building democracy; and promoting
human rights - in separate venues. Along with national
delegations expected from dozens of countries (ministers of
foreign affairs and justice, along with heads of upper and
lower parliamentary bodies, will be invited by name), NGO
members could constitute 40-50 percent of participants.
European diplomats tell us several EU states are considering
delegations headed at the deputy FM level, but most have not
yet decided. NGO invitees will include former Secretary
Albright, in her capacity as head of the National Democratic
Institute.


6. (SBU) Tayeb will head preparations on the ground, aided by
staffers from NPWJ who arrived 11/18. He expects a draft
agenda to be ready within the coming week, and has offered to
share it with Embassy Sanaa. Invitees will include: all OIC
member states; all EU member states; the United States;
Canada; Japan; and selected non-OIC African states including
Chad, Ghana, Ethiopia, and Kenya. Most invitations have
already gone out, and the ROYG plans a particularly warm
reception for the new leadership of both Iraq and
Afghanistan.


7. (SBU) Tayeb told Charge 11/19 that the Iraqi Embassy in
Sanaa has declined to accept the invitation on the grounds
that it lacks the ability to forward it to authorities in
Baghdad. Tayeb thus asked if the USG could assist in
forwarding the invitation to FM Zebari. Charge urged him to
explore other options (e.g. Yemen,s embassy in Baghdad, or
the Arab League) but agreed to forward his request to
Washington.

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U.S. PARTICIPATION: WILLING TO MEET U.S. &CONDITIONS8
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8. (C) During a frank exchange 11/18, Charge advised Tayeb
that the USG would not be able to decide on its level of
participation without having a clearer idea of the agenda.
Beyond that, ROYG assurance on certain points could also help
elicit a favorable view from Washington. For example:

-- ICC: Assurance that the ICC will not emerge as a major
conference focus, that the agenda will not be slanted to
&slam8 the U.S. position on the ICC; that all agenda items
relating to the ICC will be clearly disclosed and defined in
advance, and that the ICC will not/not be mentioned my name
in the final communiqu;

-- Israel/Palestine: Assurance that issues of Israeli
occupation and Palestinian aspiration will not be allowed to
distort the positive focus of the conference;

-- Iraq and Afghanistan: Assurance that Iraq and Afghanistan
will be held up (including in the final communiqu) as
positive examples of democratic transition, that the agenda
will not be shaped to criticize intervention in those
countries; that the final communiqu will exhort participants
and the world community to assist the peoples of Iraq and
Afghanistan in their transition to democracy;

-- Women: Assurance that women,s issues will be highlighted,
both in the agenda and the final communiqu, and that female
participation (e.g. through NGOs) will be maximized.

-- 11/5 POTUS NED Speech: Assurance that the speech will be
appropriately integrated into the agenda and acknowledged,
ideally in the final communiqu, as a positive statement of
generally held values and aims.

-- GTMO detainees: In a conversation on 11/19, Charge added
this subject to the list of those that should not receive
undue or negative attention at the conference.


9. (C) Tayeb responded favorably on all counts, including
GTMO. He welcomed the input, and emphasized that the rough
and informal list above were consistent with both his views
and those of the ROYG, and could readily be worked with Arab,
European and other participants. He invited further U.S.
input, including in drafting the final communiqu, and
offered a &guarantee8 that U.S. concerns would be met.
Tayeb reiterated his intent to structure the conference so as
to: (a) draw the highest possible level of U.S.
participation; and (b) ensure an upbeat and positive outcome
for all/all participants (&no finger pointing8). &We have
no disagreements on this,8 he said.

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COMMENT
--------------


10. (C) Even with experienced staffers from &No Peace
Without Justice,8 the ROYG faces a daunting task to organize
a large international conference in less than two months.
Although some invitations are already in the mail, organizers
are just at the point of translating a broad vision into
details -- so untold devils could still emerge.
Nevertheless, with endorsement by Saleh and EU financing
assured, the event is likely to proceed. The Yemenis showed
that they could host a large conference with the 1999
Emerging Democracies Forum in Sanaa.

11. (C) We take seriously Tayeb,s assurance that the agenda
will not be slanted against U.S. interests, and we will
remain engaged with him toward this end; but assessment of
potential risks (e.g. undue emphasis on the ICC or GTMO), and
benefits (e.g. opportunity to promote international support
for Iraq and Afghanistan and highlight the 11/5 POTUS speech)
cannot be completed until the agenda comes into clearer
focus. Moreover, with EU sponsorship and a long list of
invitees -- including some critical of U.S. policy (e.g.
Libya, Iran) -- our ability to influence/inform the outcome
on key issues is likely to be constrained despite Tayeb,s
best intentions. Nevertheless, post deems it important that
the USG be present in order to highlight U.S. aims and
achievements in the region. Based on what we know at this
point, post recommends the Department consider a delegation
headed at DAS level -- perhaps NEA acting DAS Romanowski, who
has visited Yemen and can highlight MEPI -- and including AID
and DRL. U.S. delegation should also include member(s) able
to address criticism on ICC and GTMO.


12. (C) Finally, post would welcome Department guidance on
engagement with Tayeb to ensure that U.S. priorities are
appropriately reflected in the agenda.
MISENHEIMER