Identifier
Created
Classification
Origin
07USEUBRUSSELS3178
2007-10-17 15:50:00
CONFIDENTIAL
USEU Brussels
Cable title:  

HUMAN RIGHTS CONSULTATIONS WITH THE EU

Tags:  PHUM EUN 
pdf how-to read a cable
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RR RUEHWEB

DE RUEHBS #3178/01 2901550
ZNY CCCCC ZZH
R 171550Z OCT 07
FM USEU BRUSSELS
TO RUEHC/SECSTATE WASHDC
INFO RUEHBS/AMEMBASSY BRUSSELS
RUEHLI/AMEMBASSY LISBON
RUEHLJ/AMEMBASSY LJUBLJANA
RUCNDT/USMISSION USUN NEW YORK
RUEHGV/USMISSION GENEVA
RUEHUB/USINT HAVANA
C O N F I D E N T I A L USEU BRUSSELS 003178 

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/16/2017
TAGS: PHUM EUN
SUBJECT: HUMAN RIGHTS CONSULTATIONS WITH THE EU

Classified By: Deputy Political Minister Counselor Alyce Tidball for re
asons 1.4 (b) and (d)
C O N F I D E N T I A L USEU BRUSSELS 003178

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/16/2017
TAGS: PHUM EUN
SUBJECT: HUMAN RIGHTS CONSULTATIONS WITH THE EU

Classified By: Deputy Political Minister Counselor Alyce Tidball for re
asons 1.4 (b) and (d)

1.(C) Summary: IO DAS Singh and DRL DAS Barks-Ruggles met
with EU representatives for the semi-annual COHOM Troika
September 19 and discussed priorities and strategies for the
upcoming Third Committee meeting of the UNGA and cooperation
in other international human rights fora. Additonal topics
included the Human Rights Council with a look at its future
and ongoing EU human rights consultations and dialogues. End
Summary.

2.(C) Deputy Assistant Secretary for International
Organizations Manisha Singh and Deputy Assistant Secretary
for Democracy, Human Rights and Labor Erica Barks-Ruggles,
accompanied by Deputy Political Minister Counselor Alyce
Tidball and PolOff (note taker),met with representatives of
the Portuguese EU presidency Susana Vaz Patto, Head of the
Human Rights Desk, Ana Brito Maneira, Human Rights Desk
Officer, and Francisca Baptista Da Silva, Human Rights Desk
Officer. The incoming presidency was represented by Smiljana
Knez, Head of the Human Rights Unit, Slovenian MFA, and
Nja-Marija Ciraj, Human Rights Desk Officer, Slovenian Rights
Desk Officer. Special Representative to High Representative
Solana Riina Kionka, and Human Rights desk officer Claudia
Gintersdorfer represented the Council Secretariat. Human
Rights and democratization officer represented the European
Commission, Rolf Timans, Head of the Human Rights and
Democratization Unit at the Commission, was scheduled to
attend, but due to a scheduling conflict was able to join the
Troika only during the working lunch.

International Cooperation on Human Rights
3.(C) The US Delegation described how deeply disappointing
the U.S. found the first year of the HRC, on both a
procedural and substantive level. In response to its
failings, the U.S. is looking at other international
organizations and multilateral fora to advance human rights,
including the UN General Assembly Third Committee, the
Organization of American States, the African Union, the
Organization for Security and Cooperation in Europe, the
Community of Democracies, and the Broader Middle East and
North Africa/Forum for the Future. The U.S. will also
continue to support the important field work of the UN Office
of the High Commissioner for Human Rights.


4.(C) Vaz Patto responded by mentioning activities planned
during the Portuguese presidency for each of the five EU
guidelines on human rights: the death penalty, torture and
other cruel and inhuman punishment, children and armed
conflict, human rights defenders, and the promotion of
children's rights. The EU, she said, is revising its
guidelines regarding torture, and looking for ways to respond
faster to individual cases. She listed 13 countries where
the EU was working to protect children in situations of armed
conflict. She noted that this December, Lisbon would host a
human rights forum focused on individuals who defend
economic, social and cultural rights. Lastly, she said that
the EU was developing an integrated approach of defending
children's rights, including demarches to promote effective
follow-up of decisions taken by the Committee on the Rights
of the Child.

5.(C) When discussing coordination of Human Rights policy,
Vaz Patto acknowledged that internal discussions among EU
Member States have focused on how to engage in better
outreach. The Portuguese intend to adopt the British model
of frequent informal meetings with the JUSCANZ members and
other like-minded states, a move that was appreciated by the
U.S.

UNGA Third Committee Priorities


6. (C) BURMA: EU will introduce resolution. The U.S.
supported this decision, given not only the oppression of the
regime but the failure of UN Special Envoy Ibrahim Gambari to
make any progress. DAS Singh urged that in addition to the
resolution, they think about other means to effect positive
change in Burma, and that measures in the human rights arena
not be used as an excuse by other countries to preclude
action by the UN Security Council. The EU said it would have
a draft of the resolution to the U.S. before the start of the
UNGA Thrid Committee and would seek U.S. co sponsorship.
U.S. noted that previous Burma-focused resolutions had
defeated no-action motions in the past by healthy margins.


7. (C) IRAN: Canada undecided on resolution. The EU said
because of Canadian change of government, Canadian ministers
had not yet decided whether they will introduce a resolution
on Iran. Vaz Patto noted that the EU delivered more
statements and demarches on human rights cases than any other
state. (NOTE: Canada has subsequently affirmed that they will
run their Iran resolution at UNGA Third Committee.)


8. (C) CUBA: U.S. undecided: EU warns of potential
consequences. DAS Singh and Barks-Ruggles asked for input
from the Europeans on how to handle the issue of a Cuba
resolution this year. On the one hand, with the loss of the
special rapporteur for Cuba in the HRC, the HR community has
lost a tool to address abuses in Cuba. In addition, it is
likely that Cuba will run its annual UNGA Third Committee
resolution condemning the U.S. embargo. On the other hand,
it would be politically damaging to the U.S. to introduce a
resolution and have it fail. Vaz Patto said she understood
the U.S. difficult position, noted that the EU had not been
able to come to a consensus on whether to support a Cuba
resolution, and agreed with our assessment that it would be
extremely difficult to get a resolution passed. She also
warned of the potential damage to the WEOG group and to the
standing of the Third Committee if multiple resolutions
divided the group, especially country specific resolutions.
Rather than addressing Cuba directly, Vaz Patto suggested the
U.S. use thematic resolutions, public statements and other
tools to condemn Cuba's abuses. DAS Barks-Ruggles said she
could not see how the EU could vote for the embargo
resolution if there were no UN actions condemning Cuba; Vaz
Patto agreed to raise the issue with member states. Kionka
cautioned that the opportunity cost of the U.S. introducing a
resolution on Cuba would almost certainly be to inspire Cuba
to introduce a counter resolution on Guantanamo on which the
EU would be deeply divided. (Note: A decision has been
reached that we are not going to run a Cuba resolution, but
instead will be pursuing an alternate Cuba strategy which is
currently being developed.)


9. (C) BELARUS: US asks EU to Co-table and Cosponsor
Resolution DAS Barks-Ruggles asked for the EU opinion on a
Belarus resolution. Vaz Patto restated the Presidency's
view, previously communicated to DAS Barks-Ruggles and Singh
in their visits to Lisbon, that the EU could support a
country resolution on Belarus if it does not call for
reinstatement of the special rapporteur. DAS Barks-Ruggles
said that she and DAS Singh had taken that information back
to Washington with them and presented the EU a draft
resolution that met their requirements. She asked that the
presidency present this resolution to EU Member States as
quickly as possible, and asked the EU both to co-table and to
cosponsor the resolution. Vaz Patto appreciated their
efforts and said she would do as quickly as possible.


10. (C) UZBEKISTAN: US Seeks EU Input. The U.S. has a new
Ambassador in Tashkent who is attempting to make progress on
the human rights front and reform the relationship. The U.S.
noted that the situation in Uzbekistan has deteriorated over
the last year, especially regarding election reform. The
U.S. sought EU input on whether to run a Third Committee
resolution. Vaz Patto responded that the EU will discuss
sanctions against Uzbekistan in October and November, saying
the issue required a great deal of reflection. The U.S. and
the EU must honestly consider the chances of succeeding, and
what the cost will be of losing on such a motion. DAS
Barks-Ruggles agreed that if an Uzbekistan resolution is run,
it must be won, but that if fear of failure prevents the EU
and U.S. from tabling a motion, that also sends the wrong
message to Tashkent and the world, and encourages the use of
no-action motions.

Thematic Resolutions


11. (C) Rape as an Instrument of State Policy: DAS Singh
asked for EU support for a new U.S. resolution on rape,
indicating that this practice has historically been used and
is currently being used in various parts of the world to
target ethnic minorities. She stated that this violation of
human rights is particularly egregious due to the fact that
it is government sanctioned. She also asked for the EU's
assistance in preventing the addition of language which is
often attracted by resolutions on gender issues that the U.S.
cannot support. It would be unfortunate if such language was
added and the U.S. was unable to support this important
resolution moving forward. Vaz Patto said she would pass the
draft U.S. resolution on to the member states, and would
respond to the U.S. request for co-sponsorship as quickly as
possible. Timans pointed out that rebel groups also use rape
in areas of conflict, and suggested that wording should
reflect that this too is unacceptable.


12. (C) Death Penalty: Since opposition to the death penalty
is a long standing EU priority, they will again introduce a
resolution calling for its abolition. Vaz Patto said the EU
will run a death penalty resolution at UNGA Third Committee
which will include a call for a moratorium and abolition of
the death penalty. DAS Barks-Ruggles responded to the
request to abolish the death penalty by asserting that the
U.S. meets or exceeds all international standards of
protection for the accused. She added that if the EU had to
sponsor another death penalty resolution at the UNGA, she
hoped it would focus on ending abuses of the death penalty
rather than calling for a moratorium and its eventual
abolition. Vaz Patto said the EU would not lump the U.S. and
Iran in the same basket, but that statements by the European
Parliament and conclusions by the European Council obliged
them to submit the resolution. There were requests from the
presidency, the commission and the council for the U.S. not
to call for a no-action vote or to lobby vigorously against
this resolution. The U.S. delegation said it would be better
for the EU, the transatlantic relationship and the
international community if the EU would instead offer a
resolution attacking abuses of capital punishment instead of
all uses of the death penalty. DAS Barks-Ruggles defended US
policy on capital punishment, including the procedures to
protect the rights of the accused and the automatic appeals
process. She also pointed out its infrequent use at the
national level, and the constitutional issues that arise if
the federal government were to prohibit states from applying
it.


13. (C) Rights of the Child: EU will reintroduce omnibus
resolution, drawing on the recent UN study regarding violence
against children, in consultation with the Latin American and
Caribbean countries (GRULAC). Vaz Patto said she understood
U.S. objection with the legal frameworks established by this
bill.


14. (C) UN Elections: DAS Singh asked the EU to make sure
this resolution was on their calendar. It has always passed
with little or no opposition, and the U.S. again hopes for EU
support.


15. (C) Religious Intolerance: The U.S. asked whether the EU
would run this in Third Committee or only at the HRC. Vaz
Patto said no decision has been made, but it was likely that
if the resolution failed in the Human Rights Council, the EU
would introduce it at Third Committee. Timans, noting that
countries that support HR have begun using the Third
committee as a sort of appeals body for the HRC, wonders how
long it will be until HR abusers start doing the same thing.

Human Rights Council - Level of US involvement, Reporting
Structure


16. (C) Kionka noted that the U.S. has not taken the floor
yet during this session, and asked if we had withdrawn
completely from the body. DAS Singh acknowledged that we had
lowered our profile, but that we are not withdrawing, and we
remain committed to engagement on human rights in the
multilateral context. All parties present for the EU
encouraged the U.S. to get more, not less involved, stating
that the EU and U.S. need to work together to make this body
function. DAS Barks-Ruggles said that the U.S. and EU needed
better cooperation. U.S. stressed the importance of the HRC
reporting to the Third Committee as a matter of precedent and
structural integrity for UN system, not to the UNGA plenary.
While the EU did not seem to have a strong policy on this,
Vaz Patto stressed their need to avoid opening up the
institution building package again. DAS Barks-Ruggles
stressed the U.S. need to ensure the critical examination by
experts of the processes and products of the HRC, which will
not happen at the plenary session. Regarding current
activity at the HRC, the EU noted problems in particular in
working with the South African delegation on religious
intolerance, and delaying tactics employed by the Sri
Lankans. Vaz Patto termed the current session a mess, and
the U.S. agreed.

Consultations and Dialogues


17. (C) CANADA: The U.S. said it is unclear how or if Canada
will express its displeasure with the procedures and content
of the HRC; EU again discouraged any move that would reopen
the HRC package at UNGA. Canada is positively considering
running its resolutions on Iran.


18. (C) RUSSIA: The EU described their May HR Dialogue in
Berlin as friendly but unproductive. When the EU confronted
them with Human Rights abuses, the Russian Delegation either
flatly denied or tried to excuse their behavior. The EU
stated that in particular they were concerned with the lack
of freedom of expression and assembly, with barriers to
election monitoring and with the situation in Chechnya.


19. (C) CHINA: The last Human Rights dialogue with the PRC
took place in Berlin during the summer, and the next is
scheduled to take place in Beijing. On the positive side,
Timans said the Chinese delegation was prepared to
substantively discuss some issues of human rights, criminal
procedures and capital punishment. However, the EU was
sharply rebuffed when it brought up Tibet, and China refused
to participate in a seminar with EU, China and NGO
participation because they objected to the participation of
two human rights organizations. Further discussion on China
and human rights took place separately as part of the Bern
process on September 20th.

Human Rights and Counter Terrorism


20. (C) The EU says they value the dialogue with Legal
Adviser Bellinger on these issues. Kionka asked a series of
questions regarding a recent executive order on counter
terrorism, which the U.S. delegation agreed to pass on to DOS
legal department.

Other Business


21. (C) Committee Against Torture: The U.S. asked for the
EU's support for Felice Gaer's reelection to the UN Committee
against Torture. They agreed to look closely at her
candidature. (Note: Felice Gaer won re-election on October 8).


22. (C) UNDEF: The U.S. encouraged all EU member states to
contribute or increase their contributions to the UN
Democracy Fund. They were specifically challenged to meet
India's ten million dollar pledge.


23. (C) Detainees in Iraq: King asked for information
regarding a detained Iraqi Turkmen named Yashir Mahmoud and
the DASes agreed to look into the issue when they returned to
DC.


24. (U) DAS Barks-Ruggles and Manisha Singh have both cleared
this cable.
.