ECOSOC: DUTCH SEEK PROCEDURAL DEATH FOR CUBA

C O N F I D E N T I A L SECTION 01 OF 02 THE HAGUE 001737

SIPDIS

DEPT FOR IO/SHA - JBRACKEN AND SMEHRA; DRL/MLA - MBUTLER,
LSICADE; USUN - MSPIRNAK, MZACK, LTAMLYN, SSIV; WHA/CCA,
EUR/UBI HOLLIDAY, EUR/ERA

E.O. 12958: DECL: 07/06/2014
TAGS: PHUM PREL NL CU
SUBJECT: ECOSOC: DUTCH SEEK PROCEDURAL DEATH FOR CUBA
RESOLUTION

REF: (A) STATE 150754

Classified By: Andrew Schofer, Counselor for Political Affairs, For Rea
sons 1.4 (b) and (d).


1. (C) SUMMARY: The Dutch are receptive to finding a
procedural solution to block the Cuban draft ECOSOC
resolution (reftel) in their national capacity, and will seek
EU support for such an approach as EU president. Visiting
DRL PDAS Kozak and IO DAS Lagon found Dutch interlocutors
responsive to U.S. strategies for handling the draft
resolution, but also troubled by the lack of good information
available on the status of Guantanamo detainees. The Dutch
appear eager to move on from the issue of the detainees, but
believe they still need additional information to justify
such a move. Kozak and Lagon did not agree to a Dutch
suggestion that the U.S. accept UN rapporteurs, visits to
Guantanamo but discussed possible alternatives for providing
additional information to the EU. END SUMMARY.


2. (C) The Dutch are receptive, in their national capacity,
to finding a procedural mechanism to turn off the Cuban draft
ECOSOC resolution on "Protection of Human Rights and
fundamental Freedoms in the Context of International Military
Operations Launched to Combat Terrorism." We delivered
Reftel demarche on July 12 during a series of meetings that
DRL PDAS Michael Kozak, IO DAS Mark Lagon and Embassy reps
had with Dutch officials on a range of human rights and UN
issues (reported septel). Dutch interlocutors committed to
seeking EU support for this approach both in Brussels and New
York. Deputy Political Director Hermann Schaper, Special
Ambassador for Human Rights Amb. Piet de Klerk, and Head of
the Human Rights Director Annaka Adema agreed the best
strategy would be to oppose or stop the resolution, not to
seek to amend it or simply slow it down.


3. (C) Adema stressed that the U.S. and EU needed to find a
procedural technique to dismiss the resolution, as the CHR
did on the earlier Cuban Guantanamo resolution. This should
not be a "no action" motion but something that would have
same practical effect of deferring or stopping the effort.
The U.S. will argue that the resolution is unnecessary, even
as an extraordinary new measure after the CHR, because two
CHR resolutions already cover the territory sufficiently
(e.g., the Mexican resolution on counter-terrorism and human
rights creating an independent expert tied to the High
Commissioner, which the USG backed; and the French resolution
on enforced disappearances). Kozak and Lagon committed to
explain U.S. support for the procedural option and to provide
our best supporting arguments to WEOG colleagues and others
on the ECOSOC in New York. They also agreed to keep the
Dutch fully informed in The Hague on USG strategy on such
procedural steps.


4. (C) With regard to access to the Guantanamo prisoners,
Adema and de Klerk urged the U.S. to respond to and offer
access to those UN rapporteurs seeking to look into Iraq,
Afghanistan, and Guantanamo before the vote on the Cuban
resolution in ECOSOC. The Dutch appreciated Amb. Kozak,s
brief on the current status of Guantanamo prisoners, i.e.,
some have been released, some requested asylum, some were
abandoned by home countries, while some dangerous types will
remain. Kozak and Lagon discussed ways to respond to and
provide access to detention facilities to answer critics of
US policy in the EU, but suggested the official visits by
rapporteurs suggested by the Dutch would probably not be
possible, especially before the ECOSOC vote. The question of
whether the law of war or human rights law and mechanisms
pertain remains problematic. Kozak and Lagon discussed
possible alternatives to enhance transparency, such as
informally hosting an EU or EU presidency representative on a
one-time basis, without making any commitments.

COMMENT


5. (C) The Dutch were anxious to receive an accurate
accounting of the status of the Guantanamo detainees and
pointed to the recent US Supreme Court decision on
detainees, rights as proof that the US system works. The
Dutch remain troubled that lack of good information,
particularly following the Abu Ghraib revelations, will
encourage the spread of negative suppositions in the public
imagination. Dutch interlocutors responded positively to
Kozak and Lagon's clarifications and gave the distinct
impression that they would like to move on from this issue if
provided enough information to justify it.


6. (U) DAS Kozak cleared this cable before departing post.
SOBEL