LOOKING TOWARD SPRING 2006 UN HR MEETING IN GENEVA

C O N F I D E N T I A L KATHMANDU 002791

SIPDIS

SIPDIS

DEPT FOR SA/INS, DRL

E.O. 12958: DECL: 12/13/2015
TAGS: PHUM PREL PGOV NP
SUBJECT: LOOKING TOWARD SPRING 2006 UN HR MEETING IN GENEVA


Classified By: Ambassador James Moriarty. Reasons 1.4 (b/d).

Summary
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1. (C) A group of representatives of countries donating to
the Nepal Office of High Commissioner for Human Rights
(OHCHR) met on December 9 to discuss strategy regarding Nepal
for the Spring 2006 UN Commission on Human Rights (CHR)
meeting in Geneva. The representatives agreed that while
either an Item 9 or 19 resolution was possible, and neither
could be ruled out at this time, the strategy should be to
pursue an Item 19 resolution unless the situation changed
dramatically. End summary.

Assumptions
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2. (C) On December 9, Chris Sommer, from the Human Rights
Policy Section of the Swiss Federal Department of Foreign
Affairs, led a meeting with human rights officers from the
Danish, UK, EU, and U.S. Embassies, plus OHCHR, to discuss
strategy leading up to the Spring 2006 UN CHR Meeting in
Geneva. Sommer noted two key factors that would influence
the strategy. First, given the international push for the
establishment of a new UN human rights council, he was
uncertain if there would be a Spring UN CHR meeting in 2006.
If the UN established a new human rights body, then it could
be some time before a meeting on substance occurred.
Nevertheless, he was working on the assumption that there
would be a substantive meeting in the spring. Secondly, he
noted that strategy would depend on continuing developments
in Nepal.

Item 9 vs. 19
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3. (C) The representatives agreed that while either an Item 9
or 19 resolution was possible, and neither could be ruled out
at this time, the strategy should be to pursue an Item 19
resolution unless the situation deteriorated dramatically.
They noted that an Item 9 resolution was an extreme step that
could tie the hands of those wanting to encourage change.
The government kicking OHCHR out of Nepal or a markedly
deteriorating situation on the ground likely would provoke an
Item 9 resolution. The OHCHR representative cautioned that
an Item 9 resolution would mean that OHCHR would have to pull
out even if it wanted to continue working in Nepal. Other
country representatives warned that, under their laws, they
would have no choice but to close their assistance programs
if there were an Item 9 resolution. Thus, the group agreed
that working toward an Item 19 resolution was the better
strategy at this time. OHCHR reminded the group that its
activities in Nepal would be only part of the focus of the
spring meeting and that other special rapporteur reports
would also be discussed.

Serious Human Rights Issues Remain
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4. (C) The representatives agreed that the government of
Nepal continued to have serious problems with impunity and
accountability, and a lack of political will to do enough to
change the situation. All expressed frustration that there
were few ways to influence the government. All wanted to
avoid threats (of an Item 9 resolution, for example),unless
the international community was prepared to follow though and
accept the consequences. The group suggested that
benchmarks, or actions for the government to take, in an Item
19 context would leave room for continued engagement. All
noted that INGOs and governments with representatives not at
the meeting might have different interpretations and would
play a critical role leading up to a spring meeting.

NHRC and OHCHR
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5. (C) In discussing the general human rights situation in
Nepal, the group addressed the effectiveness and roles of the
National Human Rights Commission (NHRC) and OHCHR. All
generally agreed that there needed to be a national
institution that dealt with human rights, but noted that NHRC
could be better managed and more independent. After the
OHCHR representative departed, the group analyzed OHCHR's
operation. All credited Ian Martin for what he had done with
the resources he had, but expressed frustration that OHCHR
headquarters in Geneva was not getting people to the field
fast enough. Donors also worried that OHCHR was not doing
enough outreach or reporting of activities, but noted that
OHCHR has said that reports would come following full
staffing of the office, expected in January 2006.

Comment
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6. (C) Post agrees with the group's view that the best
strategy in the run-up to the CHR is to set forth benchmarks
in the framework of an Item 19 resolution.
MORIARTY