FACILITATING GOC MEETING WITH UN HIGH COMMISSIONER

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 000174

SIPDIS

E.O. 12958: DECL: 01/05/2015
TAGS: PGOV PHUM PREL CO UNSC
SUBJECT: FACILITATING GOC MEETING WITH UN HIGH COMMISSIONER
FOR HUMAN RIGHTS IN NEW YORK

REF: A) BOGOTA 04 12603 B) BOGOTA 04 11339

Classified By: Ambassador William B. Wood, Reasons 1.4 (b) and (d)


1. (U) This is an action request. Please see paras 7 and 8.


2. (C) Summary: Relations between the GOC and the Office of
the High Commissioner for Human Rights in Bogota, in
particular with the approach of director Michael Fruhling,
remain strained. Per ref a, the GOC views the OHCHR office
here as neither constructive nor transparent. The situation
may deteriorate once the OHCHR circulates its draft report
for the Commission on Human Rights. The Foreign Minister
attempted to discuss the situation with UN High Commissioner
for Human Rights Louise Arbour during a November trip to
Geneva, but Arbour and her deputy were traveling. Arbour has
not been engaged on Colombia. Embassy believes that a
conversation between a high-ranking GOC official and Arbour
needs to occur soon to avoid a diplomatic dust-up. Arbour
will be in New York Jan. 10-12 to sign an agreement with
Guatemala. This could be a target of opportunity for the GOC
as well as for the U.S. and other G-24 members who believe
that Arbour needs to know trouble is brewing in her largest
operation outside of Geneva. End Summary.


3. (C) On December 29 Bogota and Geneva polcouns met with
Gianni Magazzeni, acting chief of the field operations branch
in the Office of the High Commissioner for Human Rights
(OHCHR) about the field office in Bogota, the approach of its
director, Swedish diplomat Michael Fruhling, and the GOC's
growing frustration with his implementation of the office's
mandate. Magazzeni (protect) was not surprised to hear of
GOC concerns with the OHCHR operation in Bogota (reftels).
He agreed with Embassy assessment that Fruhling's approach is
antagonistic and aggressive rather than supportive with an
eye to helping the GOC build capacity to improve the human
rights situation in the country. He stressed that the
OHCHR's 27 recommendations should be a point of departure for
discussions and not "the bible." GOC implementation of them
should be only one indicator in assessing its progress.
Finally, he indicated that most inside OHCHR headquarters,
including High Commissioner for Human Rights Louise Arbour,
were unaware that Fruhling's insistence on total compliance
of the recommendations was causing problems for the GOC at
the highest levels. According to Magazzeni, the mandate is
not wrong; it is the implementation.


4. (C) Magazzeni said the OHCHR has been politically
rudderless on field operations since the death of former HCHR
Sergio Vieira de Mello and the retirement of field operations
branch chief Jan Cedregren (Sweden) in the first half of

2004. As a result, field offices directors have had close to
a free rein, including Fruhling. Magazzeni admitted that, as
acting branch chief, he has been unsuccessful in reining them
in because they outrank him and have been allowed to travel
and raise money directly with donor countries. He tried to
slash Fruhling's budget to bring it line with OHCHR
priorities (meshing more directly with other UN operations on
the ground) but was ignored. Fruhling has told colleagues
that he has the complete support of the donor community in
Colombia. During a visit to Geneva in November, he cited an
additional $1.9 million pledge from the U.S. earmarked for
his operation, as proof of U.S. backing.


5. (C) Magazzeni noted that the OHCHR approach toward
Colombia, a country that had requested UN assistance, was
skewed. It was seemingly held to a higher standard than
China, Iran, Sudan and others where UN assistance had not
been sought and the OHCHR was trying to engage.


6. (C) Magazzeni expressed surprise that both Arbour and her
deputy were out of Geneva in late November when Foreign
Minister Carolina Barco passed through for an IOM meeting and
had hoped to discuss GOC concerns about the OHCHR's Bogota
office. Arbour, still assembling her team, traveling
frequently, and immersed on other issues, has not focused on
Colombia. A trip to Colombia, Guatemala and Mexico was
planned for last October but put off. When OHCHR field
operations directors were in Geneva in November, Arbour met
with each one for only 15 minutes. That 15 minute meeting
with Fruhling has been her only substantive briefing on OHCHR
operations in Colombia. Magazzeni advised that Arbour would
be in New York on Jan. 10-12 to sign an agreement with
Guatemala and suggested that the GOC make another attempt to
see her. He recommended that G-24 countries should also weigh
in with her.

--------------
COMMENT AND ACTION REQUEST
--------------


7. (C) The GOC and the OHCHR are both working to improve
human rights in Colombia, but are approaching the issue from
adversarial positions that undermine the effectiveness of
each and, most importantly, reduce the progress that can and
should be made. The relationship between the GOC and the
OHCHR Bogota office may deteriorate further once the OHCHR
shares its draft report to the Commission on Human Rights.
The U.S. objective should be two-fold: (1) to faciliate an
exchange between Arbour and a key GOC interlocutor; and (2)
to make Arbour aware that all is not well in Bogota. It is
up to her to decide what to do about it. Arbour's presence
in New York on January 10-12 is a target of opportunity for
the GOC, the U.S. and other G-24 members. The timing would
be particularly ideal if the GOC and the UN proceed with a
planned meeting in New York the week of January 17 to discuss
the future of the entire UN presence in Colombia (also
reported reftel).


8. (C) Embassy has informed the MFA that Arbour will be in
New York next week. As Colombian permrep Holguin is close to
President Uribe, Embassy recommends that the Department
instruct USUN to reach out to her regarding Arbour's arrival
and the utility of presenting GOC views directly to her. A
direct approach by the U.S. to Arbour would be useful but
more effective if done in concert with other G-24 members.
Canada (as G-24 chair),the Netherlands (which continues to
represent the EU in Bogota since Luxembourg has no
representation here),the UK, Brazil, and Spain, in
particular, would likely give Arbour the same message.
Embassy also recommends that the Department request Ottawa
and the others to engage on this issue, in New York, Geneva
or in capitals. Embassy understands that several G-24
foreign ministers will be in New York on Jan. 12 for a
Security Council meeting on Haiti.
WOOD