US-EU PRESIDENCY CONSULTATIONS DISCUSS HUMAN

C O N F I D E N T I A L SECTION 01 OF 03 LISBON 002301 SIPDIS SIPDIS E.O. 12958: DECL: 09/05/2017 TAGS: PHUM PREL UN PO SUBJECT: US-EU PRESIDENCY CONSULTATIONS DISCUSS HUMAN RIGHTS AGENDA AT UN LISBON 00002301 001.2 OF 003 Classified By: Dana M. Brown, Political Officer, Embassy Lisbon Reason 1.4 (b) and (d) ¶1. (SBU) Summary: US-Portugal consultations on human rights covered the U.S.-EU common human rights agenda and outlined plans for resolutions both in the UN's Third Committee and the UN's Human Rights Council. Portugal agreed to seek common language with us and to avoid controversial measures as much as possible. DASes Barks-Ruggles and Singh offered several suggestions on surmounting historic rifts such as on rights of the child and death penalty issues. Both sides agreed to continue discussions and to share draft texts in the run-up to the UN meetings. End Summary. -------------- Human Rights Council -------------- ¶2. (SBU) U.S. and Portuguese frustration with the UN's Human Rights Council (HRC) was a central theme during the August 24 consultations between DRL DAS Erica Barks-Ruggles, IO DAS Manisha Singh, Portuguese MFA Human Rights Director Susana Vaz Patto, and MFA Ana Brito. DAS Barks-Ruggles underscored the U.S. concerns regarding the HRC's poor performance to date. She also raised the possibility of conducting the UNGA-mandated review of the HRC (contained the resolution creating the Council) earlier than 2011 as currently mandated to attempt to shape the institution before it established poor precedents that would make future improvements more difficult. ¶3. (SBU) Vaz Patto said she shared U.S. concerns but cautioned against taking direct action to reform the HRC now. She re-stated the EU's position that although the HRC results from last session were disappointing, like-minded countries did not have the votes to secure a better outcome. DAS Barks-Ruggles stated that this was one reason that the USG believes it important to maintain 60 years of precedent and ensure that the UNHRC reports to the UN Third Committee so that expert body could maintain some control over the HRC. The principle of preserving the institutional structure was critical, she stressed. Vaz Patto, stated that the EU was not of one mind, but that many members believe the HRC should report directly to UNGA plenary precisely to ensure that the UNGA Third Committee could not "reopen" controversial HRC decisions ) including the report from the HRC June session containing the institution - building package "deal," to which both the U.S. and Canada have officially objected. The EU wishes to avoid this at all costs, she stressed, believing it would allow other changes. ¶4. (C) The EU is aiming to present several measures to the HRC in the first session: texts on Sri Lanka, action on Sudan, and a resolution on promoting religious tolerance. Vaz Patto reported that the Sri Lankan government was resisting even the mildest consensual text and solicited U.S. advice on how to proceed if Sri Lanka continued to object. DAS Singh recommended offering Sri Lanka technical assistance on human rights to promote accountability as part of any resolution, as well as encouraging a visit from UNHCHR Louise Arbour. On Sudan, Brito reported that the EU representative had been expelled from Sudan after a trip to Darfur to verify the human rights situation there. Both sides agreed that it was important to address that deteriorating situation through follow-up action on Sudan at the HRC. The EU's resolution on religious tolerance would be presented first to the HRC. Only if the measure failed or if the OIC presented a defamation resolution at Third Committee would the EU present their traditional religious tolerance and freedom of expression resolution at the Third Committee. The U.S. delegation urged them to reconsider and to present their traditional full freedom of expression resolution at the UNGA Third Committee. Vaz Patto said this would be a test to see whether some topics could be discussed within the HRC rather than the UN's Third Committee in the future. In addition to these measures, Portugal plans to make general statements before the Council on the rights of women, children, and human rights defenders. -------------- UN Third Committee: Country-Specific Measures -------------- ¶5. (C) Portugal said the EU has agree to present resolutions on North Korea and Burma, and would consider co-tabling, and would certainly support, a U.S.-sponsored Belarus text. It is, however, concerned about Canada's Iran resolution and U.S. potential resolutions on Uzbekistan and Cuba, according LISBON 00002301 002.2 OF 003 to Vaz Patto. She asserted that Uzbekistan will be more difficult for the EU given the EU's new Common Strategy on Central Asia. At the same time, she claimed the EU would wait to see whether Uzbekistan made progress over the next month given a possible resolution, and promised further consultations at troika meetings in mid-September. On Iran, Vaz Patto confided that several EU Member States were concerned that Canada would choose not to sponsor a text on Iran this year. DAS Barks-Ruggles replied that she and DAS Singh would seek confirmation with the Canadian government during August 29 consultations and would confirm with the EU. She further noted that the current ambiguity was likely a result of the Canadian MFA conferring internally rather than a lack of interest. (Note: Canada confirmed that they intend to table the resolution this year, but have not yet secured Ministerial-level approval, which they anticipate will be forthcoming shortly. End Note.) ¶6. (C) Turning to Cuba, DAS Barks-Ruggles mentioned that the U.S. was considering whether to table a text on Cuba's human rights problems and asked whether Portugal and other EU members would back the measure. Vaz Patto predicted that, despite divisions within the EU on its Cuba policy, the EU bloc would stick to it's common policy and vote for a resolution calling for improved human rights. She noted as an aside, however, that Spain would be problematic. Nevertheless, Vaz Patto speculated that a resolution on Cuba could prompt a retaliatory Cuban text against the U.S. focused on Guantanamo, which would be problematic" for the EU as it might force them to develop a common position on GTMO ) which they have not done up until now. -------------- UN Third Committee: Thematic Resolutions -------------- ¶7. (C) Vaz Patto announced the EU's plans to sponsor a resolution calling for a moratorium on the death penalty leading to its abolition, and a second resolution on the rights of the child this fall. DASes Barks-Ruggles and Singh shared concerns that both measures would include statements that would target the U.S. or would distract us from our common human rights agenda. She proposed that the EU focus a death penalty resolution on areas of agreement, such as ensuring due process, reinforcing the right to appeal, the right to counsel and the right access to evidence for the defense in death penalty cases. They stressed that the U.S. would not be able to support a call to abolish the death penalty but could back language on rule of law, due process and other issues they had outlined. DAS Barks-Ruggles likewise suggested that an EU measure on the rights of the child focus on themes, such as trafficking, that are of common concern rather than the traditional language historically used that caused us both technical and legal problems. Vaz Patto promised to share draft texts on both measures within the next few weeks and expressed interest in reworking the rights of the child text along thematic lines ) but only for introduction at the March session of the UNHRC, not for the UNGA Third Committee. She promised to raise USG concerns on the death penalty resolution with the EU at their internal COHOM on September 3-4, but noted that both Italy and France in particular have been pushing this effort. -------------- Additional Issues -------------- ¶8. (SBU) DAS Barks-Ruggles raised the proposed EU-Africa Summit scheduled for December and reiterated U.S. concerns regarding any invitation to Zimbabwean President Mugabe. Vaz Patto agreed to share the message with her colleagues at the MFA. DAS Barks-Ruggles also thanked Vaz Patto for Portugal's efforts in the Community of Democracies (CD) and suggested that Mali would welcome assistance in preparing for the November Summit. Vaz Patto took that on board and also agreed to pass on to her appropriate colleagues additional biographical information that DAS Singh provided on International Organization for Migration (IOM) candidate William Swing. ¶9. (C) Comment: Vaz Patto was candid about EU plans, internal disagreements, and potential stumbling blocks during the meeting. She made it clear that Portugal is quite concerned about any attempts to reopen the institution building package the was rammed through over Canadian objections in Geneva in June. It is clear that EU concerns about that may drive them to undermine the institutional processes that have stood the LISBON 00002301 003.2 OF 003 UNGA Third Committee and the Council's predecessor organization in good stead for 60 years. While it is unlikely that Portugal will ever lead the charge to reform the HRC, visits such as this help steer the GOP in the right direction. End comment. ¶10. (U) This message was cleared by DAS Erica Barks-Ruggles and DAS Manisha Singh. Hoffman