RENEWED CHALLENGES TO THE INDEPENDENCE OF OHCHR

C O N F I D E N T I A L GENEVA 000089

SIPDIS

SIPDIS

DEPT FOR IO/RHS, DRL/MLGA, L/HRR

E.O. 12958: DECL: 02/01/2008
TAGS: PHUM UNHRC
SUBJECT: RENEWED CHALLENGES TO THE INDEPENDENCE OF OHCHR

REF: A. A) 07 GENEVA 2184


B. B) 07 GENEVA 2373

Classified By: Charge David Gilmour. Reasons: 1.4 (b/d).


1. (C) SUMMARY: Countries seeking to weaken the
independence of the UN Office of the High Commissioner for
Human Rights (OHCHR) have been stepping up their efforts.
They did so most strikingly when High Commissioner for Human
Rights Louise Arbour presented OHCHR's new Strategic
Management Plan (SMP) to an informal January 28 Human Rights
Council session. Egypt, Pakistan, Algeria and Sri Lanka
demanded Council oversight of OHCHR's work -- including
budgetary matters -- and Council approval of OHCHR decisions
on field office locations, and alleged that OHCHR favors
civil and political rights over economic, social and cultural
ones "in a reflection of the priorities of its donors." This
followed the recent issuance of a UN Joint Inspection Unit
report, apparently encouraged by some of those countries,
recommending greater Council oversight over Arbour's work.
Arbour has pledged to retain OHCHR's independence, and we
have heard rumors of efforts to press for a new, more
controllable High Commissioner. END SUMMARY.

LOOMING THREATS TO OHCHR'S INDEPENDENCE
--------------


2. (SBU) As we have noted previously (ref a),High
Commissioner Arbour has been increasingly concerned by the
efforts, led by several countries in the Organization of the
Islamic Conference (OIC) and the African Group, to erode
OHCHR's independence. Above all, at prior Council sessions,
they have reiterated their calls to "clarify" the
relationship between the Council and OHCHR. The same message
has been implicit in challenges to efforts by OHCHR to open
field offices, including a regional office in Cairo (ref b).

STRATEGIC PLANNING DOCUMENT...
--------------


3. (U) The effort took on a new tone when Arbour hosted the
January 28 informal consultation on the High Commissioner's
Strategic Management Plan for 2008-09. This is the second
SMP produced by OHCHR as a follow-up tool to the 2005 World
Summit Plan of Action. OHCHR's total budget for the 2008-09
biennium is $312.7 million, of which $115 million would come
from the regular UN budget and $197 million was expected in
extra-budgetary contributions. Fifty-eight new posts had
been approved for the biennium by the UNGA Fifth Committee,
of which 32 were original OHCHR requests, five were
transferred from New York to staff the Committee on the
Elimination of Discrimination Against Women (CEDAW),five
were required by Council decision 3/104 to staff the Council
secretariat, and 17 were to staff the new Universal Periodic

SIPDIS
Review.


4. (U) Arbour noted a positive trend by OHCHR donors towards
less earmarking of voluntary contributions, as well as an
expansion of the donor base. She also cautioned that the
Council had decided to hold two regional Durban PrepComs
between January and August of this year, but had made little
progress toward that goal. While OHCHR was ready to support
this work, the Council would have to prioritize its Durban
commitment if OHCHR was going to be able to live up to its
obligation.

...ELICITS A NEW ATTACK
--------------


5. (U) Members of the OIC and African Group launched quick
and negative responses to Arbour's presentation. The first
four lengthy statements, from Egypt, Pakistan, Algeria and
Sri Lanka, all harshly criticized the way in which the SMP
had been elaborated and the substance of OHCHR's work. Egypt
(speaking for the African Group) unleashed a litany of
complaints, beginning with a demand that the SMP discussion
be held in formal Council session as part of a formal
consultation with Council members. Egypt complained that the
Office's priorities did not reflect those of the Council,
particularly the Council's emphasis on racism, and that OHCHR
had not changed the name of its Anti-Discrimination Unit to
the Racial Discrimination Unit as demanded by the Council.
According to Egypt, OHCHR's Rapid Response Unit and its field
presence disproportionately focused on Africa; there should
be more field operations in developed countries. Egypt also
complained that the composition of OHCHR staff was skewed
towards the Western and Other Group (WEOG) -- an accusation
successfully rebutted by OHCHR later in the session -- and
that the office prioritized ESC rights over civil and
political ones.


6. (U) Pakistan (speaking for the OIC) continued the
harangue, echoing the demand for the Council to review the
SMP in a formal session and claiming that the UN Secretary
General "explicitly recognized the oversight role of the
Human Rights Council in regard to the OHCHR." Pakistan
repeated Egypt's complaint that OHCHR pays short shrift to
ESC rights. Criticizing OHCHR's creation of a Rapid Response
Unit, Pakistan demanded that it be discussed by the HRC
before becoming operational. Pakistan claimed that for the
past two years, the OIC had asked OHCHR to give technical
advice on legislation to combat defamation of religions, and
asked the Office to do exploratory work on this theme. In a
subtle threat, Pakistan said that the OIC would, "in due
course," work with all stakeholders to establish a formal
mandate for the Office. Finally, Pakistan said "that all
field presences should be specifically authorized" by the
HRC. In its follow-on statement, Algeria urged that the
review of OHCHR's SMP be made an agenda item at an upcoming
Council session.


7. (SBU) Sri Lanka's PermRep focused his remarks exclusively
on his country's negative perception of OHCHR and Arbour
herself. The PR attacked OHCHR's request for a stand-alone
field office in Sri Lanka, claiming that OHCHR was driven to
do so at the behest of "a small group of big Western donors."
He criticized the High Commissioner for making a statement
about Sri Lanka to the press, and complained that the Asia
Group had written to the High Commissioner asking that "a
certain person" not be appointed to head the Asia-Pacific
region at OHCHR headquarters, but had been ignored. (Note:
The former head of OHCHR's field presence in Colombo, Rory
Mungoven, was appointed head of OHCHR's Asia-Pacific team
upon his return to Geneva. Mungoven is an Australian
national with a strong reputation. End Note.)


8. (U) Slovenia (speaking for the EU) and several individual
EU members, as well as some JUSCANZ members, made statements
of support for the High Commissioner and her team,
emphasizing the importance of OHCHR's independence. Most
noted that 60/251, referenced by most of OHCHR's critics, did
not give the HRC legal authority over OHCHR. Helpfully,
Mexican PermRep Luis Alfonso de Alba stressed that his
government values OHCHR's presence in Mexico and considers it
up to Mexico and OHCHR to discuss bilaterally the work of the
office. De Alba, whose former role as President of the Human
Rights Council gives him distinct authority, also noted that
the confusion on the relationship between the Council and
OHCHR was due to the lack of clarity between the mandate of
the Council and the General Assembly (Third Committee). De
Alba also helpfully underscored that Fifth Committee, not/not
the HRC, was in charge of budgeting for OHCHR.

ARBOUR'S RESPONSE
--------------


9. (U) In her response, Arbour forcefully noted that she
could not accept comments by member states on individual
staff members' suitability for employment at OHCHR, as
recruitment was done in full compliance with UN rules. She
reminded delegations that there were other players, such as
ACABQ and the UN Comptroller, which affected her office's
activities, subtly suggesting that Council demands for
oversight of OHCHR were inappropriate. On the limited
presence of OHCHR in WEOG countries, Arbour noted that OHCHR
has intense interaction with regional human rights mechanisms
in Europe, and that she "had ideas about OHCHR's New York
office covering the North American region." These ideas,
however, would need to be discussed inside the UN Secretariat
first. Finally, she noted that African and Latin American
nationals were currently over-represented on her staff, while
Asians and Eastern Europeans were underrepresented. She
promised to provide a full report on staffing in her
presentation at the March Council session.


10. (C) Though she had kept her cool in the face of the
barrage, Arbour had been "stunned" by the vitriolic attacks
on her and her office at the SMP presentation, a OHCHR
Council Secretariat staffer told us. She saw some of the
criticism as personal, and was particularly taken aback
because she had heard neither such negative tone nor content
when she had previewed the plan in a private meeting with the
African Group several weeks ago.

REPORT ADDS FURTHER CONCERNS
--------------


11. (SBU) Even before the session, concerns about the
OHCHR's independence had grown following the issuance of a
report by the UN's Geneva-based Joint Investigation Unit late
in 2007. In addition to echoing concerns it had made in
previous reports on OHCHR, notably about regional hiring
imbalances, the new report recommended that the UN General
Assembly instruct the High Commissioner to seek the Council's
advice and views in preparing the SMP and related budgetary
considerations. It also noted that the Council should be but
was not involved in preparation of OHCHR budget plans.


12. (C) A JIU inspector told us the report played into the
hands of those favoring greater Council control of OHCHR, and
that they appear to have subtly encouraged the findings of
the report, which was co-drafted by the Unit's Peruvian and
Senegalese inspectors. Our OHCHR interlocutor noted that
although the UNGA, to whom such reports are sent, might
disregard the report's contents, an UNGA endorsement of its
specific recommendations could become yet another tool for
those seeking to rein in OHCHR.

QUESTIONS ABOUT ARBOUR'S TENURE
--------------


13. (C) We have heard unofficially that the SYG already has
approved in principle giving Arbour a one-year extension in
her current position, to 2009. Arbour's plans beyond that
date remain unclear: according to some rumors in Geneva, she
wants to stay on, whereas others claim that her job has worn
her out and that she wants to leave. Our OHCHR interlocutor
told us that some of those seeking Council control over the
OHCHR see Arbour as a serious hindrance to their intentions
and are attempting to convince the SYG to change his mind
about her extension.

COMMENT
--------------


14. (C) OHCHR's independence is among its most pivotal
guiding principles. Indeed, several of the countries that
blasted away at that body in the recent session concluded by
paying lip service to its independence. Nonetheless, those
who want Council oversight of OHCHR appear to be moving into
a more aggressive phase of their efforts. In so doing, they
are deploying the argument that the High Commissioner's
independence is part of the West's unfair use of human rights
issues to weaken the developing world. They are also casting
their effort as leading to the strengthening of the Human
Rights Council as an institution, which a number of countries
see as a priority in its own right. These arguments will
resonate in some circles, creating tough new challenges to
those who value an independent OHCHR.
GILMOUR