HOLY SEE TO FOCUS ON HUMAN DIGNITY, RELIGIOUS

C O N F I D E N T I A L SECTION 01 OF 02 VATICAN 001124

SIPDIS

FOR EUR/WE (MENNUTI),IO/UNP, AND DRL

E.O. 12958: DECL: 03/17/2013
TAGS: PREL PHUM PHUM VT VTPREL
SUBJECT: HOLY SEE TO FOCUS ON HUMAN DIGNITY, RELIGIOUS
FREEDOM AT 59TH UNHRC

REF: A. A) SECSTATE 64728


B. B) VATICAN 531

CLASSIFIED BY: DEPUTY CHIEF OF MISSION, BRENT HARDT. REASONS: 1.5 (B)
AND (D).

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SUMMARY
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1. (C) THE HOLY SEE DELEGATION TO THE 59TH UN HUMAN RIGHTS
COMMISSION CONVEYED TO EMBASSY ITS WILLINGNESS TO WORK WITH
US TO ADDRESS ISSUES OF MUTUAL INTEREST, PARTICULARLY
ECONOMIC AND DEVELOPMENT RIGHTS, RELIGIOUS FREEDOM, AND
MIGRATION. HOLY SEE DELEGATE TO THE UNHRC, BISHOP DIARMUID
MARTIN, SITS ON THE WORKING GROUP ON TRIPS AND PUBLIC HEALTH,
AND CAN BE EXPECTED TO PRESS THE HOLY SEE'S POSITION THAT
DEVELOPED COUNTRIES MUST SHOW GREATER SOLIDARITY WITH THE
POOR. THE HOLY SEE DELEGATION, THOUGH NON-VOTING, IS WILLING
TO WORK BEHIND THE SCENES ON COUNTRY RESOLUTIONS, WITH THE
PROVISO THAT SUCH RESOLUTIONS ARE "CONSTRUCTIVE." THEY
SPECIFICALLY OFFERED TO WORK WITH US ON THE BELARUS
RESOLUTION. END SUMMARY.

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AVOIDING POLARIZATION
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2. (C) POLOFF AND POLINTERN MET MARCH 17 WITH THE HOLY
SEE'S DIRECTOR FOR UN ISSUES, MSGR. ETTORE BALESTRERO TO
REVIEW THE U.S. POSITIONS ON KEY UNHRC ISSUES AND SOLICIT
VATICAN SUPPORT FOR OUR APPROACH. WHILE NOTING THAT THE HOLY
SEE DOES NOT VOTE ON THE COMMISSION, BALESTRERO SAID IT TAKES
THE COMMISSION'S WORK SERIOUSLY AND WILL ENGAGE ACTIVELY AT
THE HRC, BOTH BEHIND THE SCENES AND OCCASIONALLY OPENLY WITH
PARTNERS, TO ADVANCE ITS HUMAN RIGHTS AGENDA. THE HOLY SEE'S
GENERAL APPROACH AT THE 59TH UNHRC WOULD BE TO SEEK WHAT THEY
REGARD AS "CONSTRUCTIVE" HRC RESOLUTIONS THAT OFFER COUNTRIES
THE OPPORTUNITY TO "GO STRAIGHT" RATHER THAN SIMPLY
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CONDEMNING AND PUNISHING THEM. BALESTRERO SAID THEY WOULD
URGE THE HRC TO BE SENSITIVE TO SIGNALS FROM COUNTRIES TRYING
TO DEVELOP, YET NOT FULLY IN LINE WITH HUMAN RIGHTS
STANDARDS. BALESTRERO STRESSED SEVERAL TIMES THE HOLY SEE'S
WISH THAT THE HRC NOT BECOME POLITICIZED -- A DISTINCT
POSSIBILITY GIVEN THE COUNTRIES NOW SITTING ON THE
COMMISSION. HE SPECIFICALLY NOTED THE LIBYAN CHAIRMANSHIP AS
POTENTIALLY POLARIZING, AND NEEDING CAREFUL TREATMENT TO
ENSURE CONSTRUCTIVE OUTCOMES.

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AREAS OF COOPERATION
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3. (C) TURNING TO AREAS FOR POTENTIAL U.S.-HOLY SEE
COOPERATION AT THE HRC, MSGR. BALESTRERO FIRST NOTED THAT THE
HOLY SEE HAD PROBLEMS WITH THE LANGUAGE OF BEIJING 5, AND
THAT WE SHOULD WORK TOGETHER TO INSERT MUTUALLY BENEFICIAL
LANGUAGE ON REPRODUCTIVE HEALTH TO THE DRAFT TEXT. SECONDLY,
HE EXPLAINED THE HOLY SEE'S DESIRE TO MONITOR CLOSELY THE
RESOLUTION ON AIDS FOR LANGUAGE WHICH MIGHT CREATE PROBLEMS
FOR BOTH OF US. READING FROM THE DRAFT AGENDA, BALESTRERO
LISTED FOUR ADDITIONAL AREAS IN WHICH THE HOLY SEE AND USG
COULD COOPERATE: RACISM; GLOBALIZATION AND HUMAN RIGHTS;
RELIGIOUS INTOLERANCE AND MIGRATION. AS FOR COUNTRY
RESOLUTIONS, HE OFFERED BELARUS AS ONE COUNTRY WHERE THE HOLY
SEE DELEGATION WILL TAKE AN ACTIVE ROLE IN NEGOTIATING A
RESOLUTION. THOUGH HE ADMITTED THE 2002 BELARUS LAW ON
RELIGIONS IS NOT SPECIFICALLY A ROMAN CATHOLIC ISSUE, IT DOES
HAVE IMPLICATIONS FOR THE CHURCH IN BELARUS. MOREOVER, THE
HOLY SEE IS COMMITTED TO PROMOTING RELIGIOUS FREEDOM
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EVERYWHERE. PRESSED ON THE CUBA RESOLUTION, BALESTRERO NOTED
HOLY SEE CONCERNS AT THE LACK OF PROGRESS ON HUMAN AND
RELIGIOUS FREEDOM IN CUBA, BUT DID NOT COMMIT TO ACTIVELY
WORKING ON THE RESOLUTION. HE URGED USDEL TO BE IN CONTACT
WITH THE HOLY SEE'S PERMANENT OBSERVER, BISHOP DIARMUID
MARTIN, AND WELCOMED THE OPPORTUNITY OF FURTHER CONSULTATIONS
AND DISCUSSION OF TEXTS OF RESOLUTIONS DURING THE SESSION.

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DOHA TRIPS, ECONOMIC, DEVELOPMENT RIGHTS IN FOCUS
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4. (C) BALESTRERO SIGNALED TO EMBOFF'S THE HOLY SEE'S
CONTINUING CONCERN THAT THE U.S. WAS BACKING AWAY FROM ITS
PREVIOUS STRONG SUPPORT OF THE DOHA DECLARATION ON TRIPS AND
PUBLIC HEALTH. POLOFF EXPLAINED THE USG VIEW THAT AT DOHA
AGREEMENTS WERE LIMITED TO CERTAIN COMMUNICABLE DISEASE
EMERGENCIES IN CERTAIN COUNTRIES, AND THAT A NUMBER OF
COUNTRIES NOW APPEARED TO WANT TO EXPAND THE DOHA AGREEMENT
BEYOND THE AGREED FRAMEWORK. AS WE HAVE PREVIOUSLY CONVEYED

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CONFIDENTIAL PTQ9242

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ACTION EUR-00

INFO LOG-00 NP-00 AMAD-00 EVG-00 CIAE-00 INL-00 DODE-00
DS-00 VC-00 TEDE-00 INR-00 IO-00 LAB-01 VCE-00
MED-07 NSAE-00 OIC-02 PA-00 SSO-00 SS-00 R-00
EPAE-00 DSCC-00 PRM-00 DRL-01 SAS-00 /011W
-------------- 46C134 190648Z /38
O 190644Z MAR 03
FM AMEMBASSY VATICAN
TO SECSTATE WASHDC IMMEDIATE
INFO HUMAN RIGHTS COMMISSION COLLECTIVE PRIORITY
USMISSION GENEVA PRIORITY
USMISSION USUN NEW YORK PRIORITY

C O N F I D E N T I A L SECTION 02 OF 02 VATICAN 001124

SIPDIS

FOR EUR/WE (MENNUTI),IO/UNP, AND DRL

E.O. 12958: DECL: 03/17/2013
TAGS: PREL PHUM PHUM VT VTPREL
SUBJECT: HOLY SEE TO FOCUS ON HUMAN DIGNITY, RELIGIOUS
FREEDOM AT 59TH UNHRC

TO THE HOLY SEE (REF B),THE U.S., FAR FROM BACKING AWAY, HAD
UNILATERALLY DECLARED A MORATORIUM ON CERTAIN PATENT
ENFORCEMENT ACTIONS IN ORDER TO ENSURE IMMEDIATE ACCESS TO
CRITICAL MEDICINES FOR THE POOREST COUNTRIES AND CONTINUED TO
WORK TO ACHIEVE AN AGREED FRAMEWORK. BALESTRERO INDICATED
THAT BISHOP MARTIN, WHO SITS ON THE HRC WORKING GROUP THAT
WILL ADDRESS THIS AND OTHER ECONOMIC DEVELOPMENT ISSUES,
CONTINUED TO BELIEVE THAT THE USG WAS BACKING AWAY FROM A
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DOHA UNDERTAKING TO ENSHRINE THE TRIPS MORATORIUM IN THE WTO.
THE HOLY SEE, BELIEVING THE RIGHT TO MEDICAL CARE IS A CORE
HUMAN RIGHT, WILL WORK TO HAVE THE PRINCIPLE MADE PART OF THE
WTO FRAMEWORK, HE ADDED.


5. (C) THE HOLY SEE CONTINUES TO REGARD THE RIGHT TO
DEVELOPMENT AS A FUNDAMENTAL RIGHT, AND CAN THEREFORE BE
EXPECTED TO SEEK TO PUSH THE ENVELOP ON THESE ISSUES FURTHER
THAN WE WOULD LIKE TO SEE. BALESTRERO OBSERVED THAT THE U.S.
APPEARS TO THE HOLY SEE AT TIMES AS FOCUSING TOO MUCH ON
POLITICAL AND CIVIC RIGHTS AT THE EXPENSE OF SOCIAL AND
ECONOMIC DEVELOPMENT RIGHTS. POLOFF REITERATED THE U.S. VIEW
THAT ECONOMIC AND SOCIAL DEVELOPMENT COULD ONLY TAKE PLACE IN
AN ENVIRONMENT WHERE POLITICAL RIGHTS WERE GUARANTEED AND
THERE WAS RESPECT FOR THE RULE OF LAW. FURTHERMORE, POLOFF
NOTED THAT DEVELOPMENT ISSUES WERE BEST ADDRESSED IN OTHER UN
FORA.

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HUMAN RIGHTS IN IRAQ
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6. (C) IN A BRIEF REVIEW OF THE HUMAN RIGHTS SITUATION IN
IRAQ, BALESTRERO CALLED THE HUMAN RIGHTS VIOLATIONS IN THAT
COUNTRY "CATASTROPHIC," AND EXPRESSED HIS HOPE THAT THE
SITUATION WILL BE SOLVED WITHOUT RESORTING TO VIOLENCE. HE
WAS OPEN TO WORKING ON AN EVENTUAL RESOLUTION, WHILE NOTING
THAT THE SITUATION IS NOW SO FLUID THAT ALL COUNTRIES WILL
HAVE TO BE FLEXIBLE.

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PAGE 03 VATICA 01124 02 OF 02 190648Z
COMMENT
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7. (C) THE HOLY SEE IS CLEARLY A WILLING PARTNER ON MOST
ISSUES FACING THE UNHRC. THOUGH WE DISAGREE WITH THEIR
DESIRE TO ADDRESS ECONOMIC AND DEVELOPMENT RIGHTS IN THIS
FORUM, ON OTHER ISSUES BEFORE THE COMMISSION, OUR VIEWS ARE
CLOSE AND COOPERATION IS POSSIBLE. BISHOP DIARMUID MARTIN,
FORMER SECRETARY OF THE PONTIFICAL COUNCIL FOR JUSTICE AND
PEACE (AND 1980'S INTERNATIONAL VISITOR TO THE U.S.),WILL BE
A STRONG ADVOCATE FOR CORE HOLY SEE VIEWS IN THE
SOCIAL/ECONOMIC REALM AND WILL UNDOUBTEDLY PUSH FOR THOSE
ISSUES TO BE ADDRESSED AND 'CONSTRUCTIVELY' RESOLVED AT THIS
YEAR'S COMMISSION. (THIS CABLE WAS DRAFTED BY POLITICAL
SECTION INTERN MATT TAYLOR).
NICHOLSON

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