PROPOSED RAPE RESOLUTION AT UNGA 3RD COMMITTEE

C O N F I D E N T I A L USUN NEW YORK 000718 SIPDIS SIPDIS DEPT FOR IO:KSILVERBERG, MSINGH, GJREES, IO/RHS, DRL/MLA E.O. 12958: DECL: 08/30/2017 TAGS: PHUM SOCI UNGA KFEM SUBJECT: PROPOSED RAPE RESOLUTION AT UNGA 3RD COMMITTEE REF: A. REES-HAGEN TELECON 8/27/07 ¶B. LUM-SHESTACK 8/9/07 E-MAIL ¶C. SHESTACK-LUM 8/14/07 E-MAIL Classified By: Amb. Alejandro D. Wolff, for reasons 1.4(B) and (D) SUMMARY 1.(SBU) Summary: Mission recommends introducing the draft rape resolution under the committee agenda item on women's issues rather than human rights, in order to maximize the chances of attaining consensus. We also foresee a need to expand the scope of the resolution and to ensure co-sponsors. End Summary. ADVANCEMENT OF WOMEN OR HUMAN RIGHTS? ¶2. (C) In deciding whether to run the draft UNGA Third Committee resolution entitled "Condemning the Use of Rape as an Instrument of State Policy" (ref B) under Agenda Item 65 ("Advancement of Women") or Agenda Item 72 ("Human Rights"), Department should bear in mind the tactical and substantive consequences of such a decision. Tactically, running the rape resolution under the Women's agenda item would be consistent with the 3rd Committee's recent emphasis on violence against women (VAW) under this item. Last year the Netherlands and France ran an omnibus consensus resolution on "Intensification of efforts to eliminate all forms of violence against women" (A/RES/61/143) in response to the Secretary-General's study on "Ending violence against women." SIPDIS Other delegations will find it reasonable to address the question of rape under this agenda item, as one of the many aspects of VAW. The norm under this agenda item is to adopt resolutions by consensus. The most contentious issues in negotiations are usually raised by Egypt, Syria and Pakistan, without, however, much support from other developing countries. ¶3. (C) Under the Human Rights agenda item, most of the resolutions are contentious and are put to a vote. Cuba plays a leading and active role on many issues under this item, and enlists a large number of the developing countries in support of its positions. Anything which is seen as a U.S. initiative, regardless of its merits, stands a good chance of being put to a vote, or eliciting killer amendments from the floor. If killer amendments passed which alleged violence against women by troops in Iraq (as in a recent UN report on VAW in conflict situations),it is possible to 
envision the U.S. being forced to vote against its own draft resolution. ¶4. (C) Moreover, mission would question the wisdom of treating violence against women, which we treat as criminal behavior, in a human rights context. Indeed, to advocate a human rights approach to issues of violence against women may be contrary to larger U.S. foreign policy aims in the sphere of human rights law. The SYG's study on "Ending violence against women" states that perceiving VAW as a human rights issue would enhance the stature of the Convention on the Elimination of Discrimination against Women (CEDAW) and the Beijing Platform for Action -- two documents which the U.S. refuses to reaffirm. The study also says that addressing VAW as a human rights concern will provide a "unifying set of norms that can be used to hold States accountable for adhering to their obligations." Including a women's issue in 3rd Committee as a human rights concern may serve to undercut the overarching U.S. cautious approach to the enhancement of customary international law. CEDAW AND ICC ¶5. (C) Whether taken up under a.i.65 or a.i.72, other delegations are almost certain to propose amendments which would reaffirm CEDAW and the Rome Statute of the International Criminal Court (ICC),both of which will be seen by the Europeans, Latin Americans and others as directly relevant to the question of rape in situations of conflict. The U.S. was maneuvered into withdrawing its sponsorship of a draft resolution on early forced marriage at the Commission on the Status of Women (CSW) when the EU successfully put forward an amendment reaffirming CEDAW and the Beijing Declaration. EXPANDED SCOPE ¶6. (C) Regardless of which agenda item we choose, we anticipate that other delegations will want to amend the title of the resolution and add references to other instances of rape during armed conflict, not just those committed as state policy. In previous resolutions, all delegations have condemned rape by soldiers, militia, police authorities, etc., and have called for an end to impunity for perpetrators. USDel would find it very difficult to argue against calls for such an expansion of the scope of the resolution to cover such reprehensible actions. We may encounter attempts to bring sexual exploitation by peacekeepers into the resolution, as well. CONCLUSION ¶7. (C) We see little to be gained in opening a topic under the human rights agenda item which could be fraught with killer amendments from the Cubans or others, putting us into a potentially embarrassing position of voting against or abstaining on a condemnation of rape. On the other hand, we foresee a reasonable chance of building a consensus around a draft resolution under the Women's agenda item, provided that it is expansive enough to cover rape by government forces, acting under orders or on their own, as well as by rebels or others. Finally, the U.S. will need to find co-sponsors for this resolution, since the final product will surely contain objectionable references to CEDAW, Beijing and the ICC, which will require us ultimately to withdraw our own co-sponsorship. WOLFF