Identifier
Created
Classification
Origin
07STATE126089
2007-09-07 21:53:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Secretary of State
Cable title:  

DEMARCHE REQUEST - OSCE HUMAN DIMENSION

Tags:  PHUM PREL ECON OSCE 
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DE RUEHC #6089/01 2502209
ZNR UUUUU ZZH
P R 072153Z SEP 07
FM SECSTATE WASHDC
TO RUEHAH/AMEMBASSY ASHGABAT PRIORITY 8475
RUEHTA/AMEMBASSY ASTANA PRIORITY 7616
RUEHKB/AMEMBASSY BAKU PRIORITY 5060
RUEHEK/AMEMBASSY BISHKEK PRIORITY 1443
RUEHCH/AMEMBASSY CHISINAU PRIORITY 7955
RUEHDBU/AMEMBASSY DUSHANBE PRIORITY 6430
RUEHSK/AMEMBASSY MINSK PRIORITY 9513
RUEHMO/AMEMBASSY MOSCOW PRIORITY 3900
RUEHNT/AMEMBASSY TASHKENT PRIORITY 9054
RUEHYE/AMEMBASSY YEREVAN PRIORITY 4215
INFO ORG FOR SECURITY CO OP IN EUR COLLECTIVE
UNCLAS SECTION 01 OF 07 STATE 126089 

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL ECON OSCE
SUBJECT: DEMARCHE REQUEST - OSCE HUMAN DIMENSION


UNCLAS SECTION 01 OF 07 STATE 126089

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL ECON OSCE
SUBJECT: DEMARCHE REQUEST - OSCE HUMAN DIMENSION



1. (SBU) Summary and Action Request: The OSCE will be
conducting its Human Dimension Implementation Meeting (HDIM)
from September 24 through October 5 in Warsaw. The HDIM is
an annual review of participating States, implementation of
their OSCE commitments to human rights and fundamental
freedoms. The USG takes this exercise seriously and offers
specific criticism and praise for the human rights
performance of many countries. As part of USG efforts to
enhance our dialogue with those countries which we have
criticized in the past, the Department requests that action
addressees demarche their host governments on the upcoming
HDIM and list (per the talking points below) areas where the
USG plans to raise issues or would be prepared to recognize
progress during the Warsaw meetings should the situation
warrant. The USG delegation this year will be led by former
Ambassador Richard Williamson and will again include several
public members as well as staff members of Congress,
Helsinki Commission (CSCE). End Summary and action request.


2. (SBU) The annual OSCE HDIM meeting is a useful stock
taking of countries progress, or lack thereof, in
implementing their commitments to respecting human rights and
basic freedoms -- including democratic elections and freedom
of the press ) undertaken in the context of several OSCE
conventions, including most recently the 1992 Helsinki
protocol. The USG delegation to Warsaw this year will be led
by Ambassador Richard Williamson and include public members
who will be able to speak to this year,s special topics:
Roma/Sinti and gender aspects of security.


3. (SBU) As with past HDIM meetings, the USG delegation will
be prepared to present a balanced assessment of OSCE
participating state performance towards meeting their OSCE
commitments. To enhance the USG dialogue with OSCE members
on these issues, the Department requests that action
addressees engage with host governments on USG goals for the
upcoming Warsaw meeting. In particular, the Department would
like to urge some of our OSCE partners to take specific steps
in the weeks before the HDIM conference to show their
commitment to working towards the OSCE standards. The USG

delegation will be prepared to recognize positive steps that
countries have taken, allowing us, where warranted, to
balance criticism with praise.



4. (SBU) Action Request. The Department requests that
Embassies at action posts deliver the both the general and
country specific points that follow.

Begin General Talking Points:

- The USG is preparing carefully for the upcoming OSCE Human
Dimensions meeting in Warsaw (September 24 ) October 5).

- We take this event very seriously, and believe it can
provide a useful opportunity for all OSCE participating
countries to assess progress towards the commitments
undertaken as OSCE members to guarantee human rights, and
fundamental freedoms.

- The USG hopes that your government will be well-represented
at the conference.

- The USG delegation to the conference will be prepared to
make a balanced assessment of how the USG views the progress
towards these shared commitments that all of our OSCE
partners, including your government, have made.

- We would like to share with you some of the issues we are
likely to raise. Any information you would like to provide
in advance of the meeting would be appreciated.

- We would like to be able to raise positive examples of
progress, not only areas where implementation is lacking. We
also would like to urge your country to take some specific
actions in the weeks before the conference. We would be
prepared to recognize these actions at the conference.


STATE 00126089 002 OF 007


(Insert country specific points).


6. (SBU) For Embassy Moscow:

Background: The USG is concerned that journalist Manana
Azlamazyan is being singled out for harsh treatment because
of her work at Educated Media Foundation (EMF),which at
times has been critical of the government. We want to urge
the Russian Government to end its harassment of EMF and
Manana Azlamazyan immediately and deal with it and other
organizations in a fair and transparent manner that
encourages, rather than hinders, the development of civil
society and free media in Russia.

Talking Points:

- The USG is very concerned by the closures of independent
media outlets, which has the effect of limiting citizens,
access to information and is inconsistent with Russia,s OSCE
commitments.

- Your government has an obligation to create an environment
that encourages the development of civil society and free
media.

- A specific action you could take prior to the HDIM would be
to allow (Internews became EMF) the Educated Media Foundation
to reopen, and to allow its journalists, particularly Manana
Azlamazyan, to work unhindered.

- We also plan to raise concern over limits on freedom of
assembly that have taken place in the past year. We
understand that Other Russia plans to resume its marches of
Dissent in September. We urge the Russian government to
allow for freedom of assembly and continue to ensure that
these demonstrations are allowed to proceed freely and
peacefully.


7. (SBU) For Embassy Baku:

Talking Points:

- We are concerned about the deteriorating conditions for
free media in Azerbaijan and will raise this at the HDIM.

- We hope that you will publicly renew the 2005 moratorium on
libel suits against journalists and media outlets by
government officials and take steps to decriminalize libel.

- We urge your government to develop an alternative dispute
resolution mechanism that could be used in place of criminal
libel charges.

- A specific action you could take prior to the HDIM would be
to release seven journalists from prison Eynulla Fatullayev,
Sakit Zahidov, Rafig Taghi, Samir Sadagatoglu, Faramaz
Allahverdiyev, Rovshan Kabirli, and Yashar Aghazade.

- In addition, the upcoming 2008 presidential election
presents an opportunity to strengthen Azerbaijan,s
democratic process through further electoral reform. We urge
your government to publicly pledge now to fully adopt the
recommendations made by OSCE/ODIHR and the Council of
Europe,s Venice Commission.

- Finally, civil society is an important of every country,s
democratic development. Any government initiatives in this
vitally important area must strengthen, rather than hinder,
the development of civil society. We urge your government to
formally adopt the United States, Guiding Principles on
NGOs, as urged by the Assistant Secretary for Democracy,
Human Rights and Labor in December 2006 and March 2007.

- We understand the Presidential Administration recently met
with EMC and we hope the issues relating to the registration
of the organization can be resolved in before the HDIM
sessions.

- Work with international legal experts such as the OSCE
Trial Monitors and ABA to improve due process in the trial of
Farhad Aliyev and 18 others.


STATE 00126089 003 OF 007



8. (SBU) Talking Points for Embassy Chisinau.

- We urge your government to implement the registration
procedures in the new law on religions. Under the new
procedures, the government must register religious
organizations or justify a refusal within 15 days.

There were several religious organizations which were denied
registration under the old procedures, without explanation.
We urge you to register the True Orthodox Church, two Muslim
organizations, and several Protestant denominations under the
new procedures.

- We also urge that you prevent local police from interfering
with religious observances in public places, which are now
legal under the new law on religions (with only notification
to authorities required).


9. (SBU) Talking points for Embassy Kyiv.

- The 30 September elections will take place during the HDIM
and are therefore likely to be discussed. We hope that all
sides will refrain from campaign activity that exacerbates
regional, linguistic, or ethnic divisions. We would hope
that these elections will continue to build on the recent
successes that Ukraine has had.


10. (SBU) Talking points for Embassy Astana.

Your country wants to chair the OSCE. As we have said many
times, the U.S. believes that the country holding the
Chairmanship of the OSCE should exemplify the principles of
the Organization, including developing democratic
institutions and respecting human rights. We continue to
have many concerns about respect for human rights in
Kazakhstan and will be raising these at the HDIM.

Last month, Kazakhstan held important Parliament elections.
Like ODIHR and the OSCE PA, we welcome indicators of progress
such as inclusive candidate registration lists and extensive
voter education, and the good cooperation extended to
observers on election day.

However, we share the observer missions, serious concerns
about the conduct of the elections, including a lack of
transparency in the vote count; preferential treatment of the
ruling Nur Otan party; and limitations on the right to seek
public office including a high threshold for representation
in the Mazhilis.

- Although your country did make some progress in recent
structural changes to the government, we are concerned about
the constitutional amendment giving President Nazarbayev the
opportunity for unlimited terms; in contrast to other
amendments that had considerable discussion, this was added
at the last minute with no discussion.

- The August 2006 decree requiring all Kazakhstani website
domains to be registered in Kazakhstan likewise has had the
effect of making it more difficult for independent voices to
make themselves heard. We urge its immediate rescission.

- We ask that your government facilitate an equitable
resolution in the dispute between local authorities and the
Hare Krishna commune near Almaty. On June 15, local
officials destroyed 12 homes, adding to the 13 homes
destroyed in November 2006. This gives the impression of
persecution of a religious community.

- One concrete action you could take prior to the HDIM would
be to allow the National Democratic and International
Republican Institutes to resume non-partisan political party
training in Kazakhstan.

(KZ Desk Note: U.S. Embassy and GOK signed an MOU on 8/17
that will allow political party training to re-start in
Kazakhstan. The MOU has not yet been tested.)


11. (SBU) Points for Embassy Bishkek.

We applaud the parliament for passing and President Bakiyev
for signing the law making KTR more independent. We urge the

STATE 00126089 004 OF 007


government to follow through and implement fully this
transformation.

We continue to follow the development of the Kyrgyz electoral
system. The USG urges implementation of OSCE/ODIHR
recommendations, including its recommendations to:

a) Clarify and standardize election administration
procedures;

b) Enhance Election Commission transparency at central,
regional and local levels by making all decisions in open
sessions.

c) End harassment of journalists, activists, and political
opposition. Investigate recent incidents of harassment,
including those of Valentina Gritsenko, chair of
Spravedlivost (&Justice8),and Edil Baisalov, formerly of
the Coalition for Democracy and Civil Society.

One concrete action that could be accomplished prior to the
HDIM would be for the President to sign into law the bill
already passed by Parliament which decriminalizes libel and
slander.

- We also continue to be concerned about the treatment of
refugees in your country. We ask that your government do
more to ensure the safety of all registered refugees and
fully investigate past disappearances, such as the five Uzbek
asylum-seekers who went missing in July and August 2006.


12. (SBU) Talking points for Embassy Dushanbe.

We are concerned about continuing limitations on freedom of
the media in Tajikistan. We hope that the GOT will establish
a transparent licensing process and grant licenses to all
qualified independent media outlets seeking a license.

There still is time prior to the HDIM for you to take the
concrete step of licensing Internews, community radio
partner stations.

Freedom of religion is am important OSCE commitment that will
be discussed at the HDIM. The international community is
concerned about the draft law on religion and religious
association that is rumored to pass before the end of the
year. Independent analysis of the draft law says that it
will greatly restrict freedom of religion. We hope you will
amend the draft law to international standards.

- Recent forcible mosque closures have angered many in the
Muslim community. We encourage the government to register
mosques and praying rooms so that everyone may have the
freedom to worship.

Bans on religious attire are both contrary to OSCE
commitments to religious tolerance and, by creating a feeling
of religious persecution, ultimately counterproductive in
creating tolerance.

The USG therefore urges that your government rescind the ban
on wearing a Muslim headscarf inside educational institutions
and reinstate any students expelled from schools for
violating the ban.

In particular, Davlatmo Ismoilova, filed a lawsuit against
her university and the education ministry saying the ban
violated her constitutional right to religious freedom and
was expelled. She should be reinstated in her school.

- The USG is concerned about the operating environment for
non-governmental organizations. The government should not
hinder NGO registration and should stop harassment of civil
society organizations. A vibrant civil society signals a
healthy investment climate and prosperous democracy.

We continue to be concerned about conditions in Tajik
prisons. We urge you to allow International Committee of the
Red Cross and Red Crescent (ICRC) to have access to all Tajik
prisoners.

- We also hope that you will take steps to end torture,

STATE 00126089 005 OF 007


including holding abusers accountable, monitoring police
custody situations, limiting opportunities for torture and
abuse, enforcing habeas corpus, and allowing access for
lawyers and doctors to detention facilities.


13. (SBU) Talking points for Embassy Ashgabat.

-- As you are aware, the U.S. has made a special statement on
Turkmenistan at the HDIM under &any other business8 for the
past four years. We plan to do so again, but this year would
like to be able to welcome changes and progress made by the
new government. There is still time for your government to
take several concrete actions that could be recognized
publicly in Warsaw.

- We are encouraged by President Berdimuhammedov,s
announcement on August 24 that an interagency &Human Rights
Commission8 is being established to coordinate work designed
to bring Turkmenistan into compliance with its international
human rights commitments, and we look forward to concrete
work by this Commission.

- We note your government,s recent decision to pardon 11
high-profile prisoners. We urge that your government
continue to review and to release all political and religious
prisoners including among many others:

a) Mukhametkuli Aimuradov (political dissident, imprisoned
since 1995)
b) Tashli Esenov, group leader of the "Turkmengala" farmers'
group collective
c) Vyacheslav Kalataesky (unregistered Baptist)
d) Geldy Kyarizov (former Chairman of the Turkmen State
Horse-breeding Enterprise, whom we understand is very ill)

-- And individuals associated with the 2002 motorcade attack,
such as:

e) Orazmammet Yklymov;
f) Akmyrat Kaqbulov;
g) Saparmyrat Seyidov;
h) Konstantin Shymuradov; and
i) Ejegul Tashlieva.

- We ask that you allow the ICRC and/or other independent
observers access to prisons, including access to those
imprisoned in connection with the November 2002 attack on
former President Niyazov's motorcade.

- One specific action you could take before the HDIM begins
and that we could recognize there would be to allow access to
Turkmenistan's former Ambassador to the OSCE, Batyr Berdiev.
There have been persistent and concerning rumors that he has
died in prison. Simply allowing access to this former OSCE
colleague would be a clear indicator of your government,s
willingness to meet its international human rights
obligations. If the rumors are true, it would be better to
make that information public sooner rather than later.

- We recognize that free travel both into and out of the
country for Turkmen nationals, including dissidents and their
families, has increased. We urge you to continue the process
of revising Turkmenistan's travel restrictions in order to
bring Turkmenistan's Law on Migration up to international
standards.

- Fundamental freedoms that will be discussed in Warsaw
include freedom of association. Turkmenistan does not have a
good record on allowing NGOs these freedoms. We urge you to
allow registration of local, independent NGOs and allow them
to operate freely.

- You recently received a delegation from our Commission on
International Religious Freedom and we appreciate the
dialogue that has been opened on this issue.

- We urge you also to repeal the administrative penalties for
unregistered religious groups and allow unregistered
religious groups to worship freely consistent with their
rights under Article 11 of Turkmenistan's constitution, as
well as to pass and implement new legislation to provide
alternatives to military service for conscientious objectors.

STATE 00126089 006 OF 007




14. (SBU) Talking points for Embassy Tashkent.

We continue to be concerned that the events in Andijon )
which have been discussed at length in the OSCE and the HDIM
) have not been resolved. We urge that your government
allow an open and unhindered international investigation of
the events of Andijon in May 2005 perhaps through the OSCE;
(note: The GOU did allow a group of EU experts to come, but
did not provide them with full disclosure),

-- Many people fled Uzbekistan in the wake of the Andijon
events. Your government should end pressure on other
countries forcibly to return Uzbek refugees and stop
pressuring the refugees themselves to return. We urge you to
ensure that refugees who have returned are not arrested or
harassed, and that there is access to them to ensure their
well-being;

Freedom of association is a fundamental freedom that will be
discussed in Warsaw. We remain concerned that there are
significant restrictions on civil society in Uzbeksitan,
including on international NGOs. We urge you to allow Human
Rights Watch, Freedom House, NDI, IRI and other international
NGOs to return and operate freely without harassment of their
employees;

- We are concerned about the treatment of persons in
detention and in prison. We urge you to take immediate steps
to eliminate torture and abuse in accordance with
international standards and OSCE commitments, including
holding abusers accountable, monitoring police custody
situations, limiting opportunities for torture and abuse,
enforcing habeas corpus, and allowing access for lawyers and
doctors to detention facilities.

- We also urge you to grant the International Committee of
the Red Cross and Red Crescent and other outside monitors
free and unrestricted access to prisons and detention centers;

-Your government should also end harassment, physical attacks
and arbitrary arrests by the security forces of individuals
critical of the government, including independent journalists
and human rights activists.

- In the remaining time before the HDIM, we urge you to
release several people we believe are in prison for political
or religious reasons.

Possible List of Prisoners to Release
a) Dmitry Shestakov (Protestant Minister, sentenced March 9
to four years labor camp)
b) Irfan Hamidov and Dilafruz Arziyeva (Jehovah,s Witnesses,
convicted May 14 and June 6, respectively)
c) Jamshid Karimov (journalist and President Karimov,s
nephew,in Samarkand psychiatric institution since September
2006)
d) Mutabar Tojibaeva (human rights activist in psychiatric
institution, solitary confinement for seven months; kidney
illness)


15. (SBU) Talking points for Embassy Minsk.

- We urge you to release all political prisoners
immediately, including Aleksandr Kozulin. This would send a
strong signal of your desire to improve relations with the
West.


16. (SBU) Talking points for Embassy Yerevan.

- We are alarmed by the imprisonment of increasing numbers of
conscientious objectors to military service. We urge Armenia
to release the jailed individuals and create a truly civilian
alternative military service program outside of military
oversight.

- The upcoming 2008 presidential election presents an
opportunity to strengthen Armenia,s democratic process
through further electoral reform. We urge your government to
publicly pledge now to fully adopt the recommendations made
by OSCE/ODIHR and the Council of Europe,s Venice Commission.


STATE 00126089 007 OF 007


- We urge a fair, transparent, and prompt trial for former
Foreign Minister Arzumanian or release him on bail.

- We also ask that you aggressively investigate incidents of
politically motivated crime and violence, particularly those
which occurred during this year's parliamentary elections
campaign season.
RICE