CANADA SEES "SOME ENCOURAGING SIGNS" IN UN HRC

C O N F I D E N T I A L SECTION 01 OF 02 OTTAWA 000233 SIPDIS SIPDIS E.O. 12958: DECL: 02/14/2018 TAGS: PHUM KUNR PREL CA SUBJECT: CANADA SEES "SOME ENCOURAGING SIGNS" IN UN HRC REF: OTTAWA 123 Classified By: Political MinCouns Scott Bellard, reasons 1.4 (b) and (d ) ¶1. (C) Summary: According to Canadian Department of Foreign Affairs and International Trade (DFAIT) officials, the UN Human Rights Council (HRC) remains a "work in progress," but Canada has seen encouraging signs that it is maturing and shifting its focus from institutional questions to specific human rights issues. DFAIT officials highlighted especially the HRC's work on Darfur and Burma, as well as its establishment of a schedule and guidelines for Universal Periodic Reviews (UPRs). They nonetheless commented on problems inherited from previous UN Commission on Human Rights, notably the unfair singling out of Israel. They also noted that, with fewer members and typical bloc voting, other HRC members can easily out-maneuver Canada. At the seventh HRC session in March 2008, Canada will focus on renewing the mandates of the special rapporteurs on freedom of expression and violence against women. Canadian officials warmly welcome input from and dialogue with U.S. counterparts on human rights issues generally and on HRC issues specifically. End summary. GROWING FOCUS ON SPECIFIC HUMAN RIGHTS ISSUES -------------- ¶2. (C) In testimony to the Standing Senate Committee on Human Rights on February 11, DFAIT's Director General for Human Security and Human Rights Adele Dion said that, while the UN HRC is still a "work in progress," she had seen "some encouraging signs," especially in the past six months. Dion noted that the HRC is increasingly shifting its focus from institutional questions to addressing specific "human rights issues and situations where it matters most, namely, on the ground." She stated that Canada nonetheless continues to push for further improvements in HRC deliberations. DFAIT Human Rights Section Deputy Director Robert Sinclair told PolOff that Canada remains hopeful that the HRC will become more proactive once it finalizes its internal mechanisms. ¶3. (U) Dion cited the HRC's work on Darfur and Burma at its last session as evidence that the HRC is "maturing." She described how the HRC's sixth session in September 2007 had addressed the human rights situations in Darfur and held a full debate on the interim report of the group of experts on Darfur. She said that the HRC had taken "some fairly strong stands," and, by handing the mandate to a special rapporteur, had ensured that the HRC will continue its focus on the issue. Dion also noted that the HRC had held a session on Burma following to its crackdown on demonstrators, and claimed that HRC pressure had led Burma's permission for a HRC special rapporteur to visit the country -- his first visit in six years. UNIVERSAL PERIODIC REVIEW PROCESS HAS GREAT POTENTIAL -------------- -------------- ¶4. (U) Dion and Sinclair pointed to the adoption of a schedule and guidelines for the UPR process as one of the HRC's most significant achievements to date, and noted that Canada had been a leading proponent. According to Dion, the UPR process, which should begin in April 2008, has the potential to help the HRC be more even-handed than the Commission had been, since the process will force the HRC to assess all countries on a regular rotating basis. She also stated that Canada believes that, through the UPR process, the HRC will become more proactive in its work, since it will continually review and make recommendations on countries' Qcontinually review and make recommendations on countries' human rights records. ¶5. (U) Amnesty International Canada Secretary General Alex Neve separately told the Standing Senate Committee on Human Rights that the HRC's UPR process has the potential to help it avoid claims of selectivity and double standards associated with its predecessor. Neve noted, however, that three HRC representatives from different countries will be responsible for the oversight of each review, and in order for the process to be successful, these representatives must be committed to the fairness of the process and that HRC members should set "best practices" from the beginning. BLOC VOTING -------------- ¶6. (U) Dion noted that Canada continues to face the same kind of regional "bloc voting" in the HRC as in the previous Commission. Other HRC members still can easily out-maneuver Canada on certain issues. Dion noted that Canada continues to make a concerted effort to "build bridges" and reach out to other members in an effort to sway them from bloc voting. OTTAWA 00000233 002 OF 002 Dion added that Canada is making a push in Geneva on an issue-by-issue basis with like-minded countries. Dion claimed some success, pointing again to Darfur and noting that some moderate African countries had broken ranks and voted in favor of continued scrutiny of the situation in Darfur. Dion remarked that Canada is also engaging with HRC members bilaterally through its ambassadors and high commissioners. ISRAEL AND DURBAN: HRC "FLASHPOINTS" -------------- ¶7. (C) Sinclair described Israel and the Durban conference on racism as the HRC's two "flash points." In November 2006, UNGA adopted the HRC's institution-building package, which includes a separate agenda item entitled "Palestine and Other Occupied Arab Territories." Dion stated that Canada believes this item violates the HRC's principles of universality, impartiality, objectivity, and non-selectivity, and hence Canada opposed the institution-building package. Dion said that Canada also opposed the HRC's failure to renew mandates on CUBA and Belarus. Dion noted that Canada was the sole member -- in a 46 to 1 vote -- to request a vote on the institution-building package. Sinclair added that other members opposed calling a vote because they would be forced to vote against the package, likely resulting in the HRC failing to adopt a package at its sixth session. ¶8. (U) At the Senate hearing, AI's Neve also criticized the HRC for singling out Israel as the only country in the world warranting permanent attention as a standing item on its agenda. Neve commented that it was "abundantly clear that poisonous Middle East politics continue to plague the body." He remarked, however, that he in no way believes this means the HRC is beyond salvation. ¶9. (C) At the same hearing, DG Dion reported that the HRC acts as the preparatory committee for follow-up to the World Conference Against Racism, also known as the Durban Conference. On January 23, Canada announced it would not participate in the 2009 Durban Review Conference (reftel). Sinclair privately commented that Canada had taken a firm stance against the Durban conference and stands by its decision, but is not proactively lobbying other countries not to attend. Sinclair also remarked that the HRC discussion on the Durban conference has been very divisive, with the EU and Canada in particular facing increasing concerns about the process. Sinclair noted that Canada had been surprised by the general lack of domestic criticism of its decision not to attend the conference, although some members of Parliament had criticized the government over this publicly in the daily Question Period. LOOKING AHEAD -- THE 7TH SESSION -------------- ¶10. (C) According to Sinclair, Canada's priority at the upcoming seventh HRC session March 3-28 will be to renew the mandates of the special rapporteurs on freedom of expression and violence against women. Sinclair noted that Canada will also seek to ensure that any follow-up decision on Burma maintains pressure on the Burmese regime. Sinclair predicted that HRC members will present at least 50 resolutions, but Canada will not see most of them until the session actually begins. Sinclair also noted that Canada will not send a representative to the high-level session. COMMENT -------------- ¶11. (C) Despite its frustrations with the new HRC, Canada continues push to make it a more effective institution, and is usually working to advance goals identical or almost Qis usually working to advance goals identical or almost identical to those of the U.S. Canadian officials warmly welcome our insights and dialogue on key human rights issues generally and HRC issues in particular, whether in Ottawa, Washington, New York, or Geneva. Visit Canada,s Economy and Environment Forum at http://www.intelink.gov/communities/state/can ada WILKINS