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

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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.

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Human Rights Council
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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.

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UN Third Committee: Country-Specific Measures
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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

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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.

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UN Third Committee: Thematic Resolutions
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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.

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Additional Issues
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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

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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