DRL DAS BARKS-RUGGLES DISCUSSES UNGA RESOLUTIONS

C O N F I D E N T I A L SECTION 01 OF 03 PARIS 001979

SIPDIS

E.O. 12958: DECL: 10/27/2018
TAGS: PREL PHUM KAWC FR UN
SUBJECT: DRL DAS BARKS-RUGGLES DISCUSSES UNGA RESOLUTIONS
WITH FRENCH

PARIS 00001979 001.2 OF 003


Classified By: Pol/MC Kathleen H. Allegrone for reasons 1.4 (B & D).


1. (C) SUMMARY: DRL DAS Barks-Ruggles met with French MFA
Human Rights Director Jacques Pellet (Please Protect
Throughout) in Paris on October 23 to discuss United Nations
General Assembly Third Committee resolutions and other UN
issues. The French agree on the need for a strong Iran
resolution, and they handed over draft resolutions on North
Korea and the Death Penalty which the EU is sponsoring. They
also gave her drafts of the EU's Declaration on Sexual
Orientation, which they hope to circulate and present in
December. They also discussed the religious defamation
resolution, EU Human Rights dialogues with China and Central
Asia, and the proposed High-Level Interfaith dialogue effort
by the Kingdom of Saudi Arabia (KSA). END SUMMARY.



2. (C) UNGA 3C RESOLUTIONS:

-- IRAN: Pellet said the French are working on their
instructions to their mission in NYC on the Canadian draft
text. They too do not like the idea of watering down the
resolution, and share our concern that this will be the last
time we get an Iran resolution if it is not more robust.
They also think the Secretary General (SYG) report is "quite
weak" and do not think the resolution should hang solely on
that. Pellet raised the point that Iranian civil society
count very much on this resolution -- they heard from Shirin
Ebadi during her recent visit that the resolution gives hope
to civil society working inside of Iran and gives them some
limited protection from the government. (Note: As of
October 27, the Canadian draft has changed significantly
following interventions from core group co-sponsors and the
USG now believes the draft is strong. End note)

-- BURMA: Barks-Ruggles laid down the marker about not
weakening the compromise PP5 language on this EU sponsored
resolution any further noting that it was barely acceptable
in its current format.

-- DPRK: Pellet said the text was done, but the Japanese have
been negotiating with the South Koreans on this and have not
yet come back with a final agreement. The Japanese want to
ensure that the South Koreans will support and vote for the
text.

-- RELIGIOUS INTOLERANCE: Barks-Ruggles explained that we
could not co-sponsor this resolution with the current, new
language incorporating restrictions on freedom of expression
contained in Article 20 of the ICCPR (to which the U.S. has
taken a reservation). Pellet took the point about the ICCPR
Article 20 language being new to this resolution -- he did
not know that was the case -- and our strong Constitutional
problems with the language. He also took the point that we
should not be putting in language which will prevent the U.S.
from co-sponsoring as that would make it harder to hold the
line with the OIC on worse language as we would not be able
to help. He promised to get back to us on this.

-- DEFAMATION OF RELIGIONS: Pellet noted that Morocco was the
big problem on this issue at the session in GVA in September
and that Egypt was also not helpful. He said that the
Moroccan stood up and said "the freedom of expression is not
needed (le droit de l'expression c'est mal necessaire)."
France has raised this with the Moroccan embassy in Paris and
at higher levels during UNGA high level session, and the GOM
indicated there may be a disconnect between their mission in
Geneva and Rabat on this.

-- DEATH PENALTY: Pellet noted the Secretary General's report
is out. The text is "almost done," but Pellet would not give
any hint on what it contained, but promised to share it
"soon." (Note: He did so on the October 24 and France
circulated a text in New York on the 27th.)

-- PROGRAM 19: France has not focused on this, but they now
will. Pellet took careful notes and immediately understood
how dangerous this budgeting exercise could be in efforts be
some countries to restrict the independence of the Office of
the High Commissioner on Human Rights.

-- OPTION PROTOCOL FOR ICESCR: Pellet noted that he
appreciated USG efforts to work out our concerns with
Portugal as the sponsor. The EU is still divided on the

PARIS 00001979 002.2 OF 003


issue. Pellet said he would emphasize to Portuguese the need
to "positively consider" our language changes on "noting"
vice "welcoming," but did not express an opinion as to
whether France could support this.

-- ALLOCATION OF HRC REPORT: Pellet took on board the USG's
strong principled stand that the report of the Human Rights
Council should be -- as it has in the past -- submitted in
its entirety to the UNGA Third Committee as the competent
universal membership body with oversight responsibility, and
that it should not go directly to plenary. He did not know
the GOF position, and promised to get back to the USG on this
issue.

-- SEXUAL ORIENTATION DECLARATION: Pellet noted that France
has assembled its Core Group on this effort: Brazil,
Argentina, France, Netherlands, Gabon, Ukraine, Croatia, and
Japan. A text had been agreed among core group. They will
look to table the declaration for signatures after
Thanksgiving, but Pellet would not promise they would wait
that long. Barks-Ruggles pressed very hard and had Pellet
write down when resolution votes would be and the date for
Thanksgiving, noting that we need to ensure the Iran and
other country specific resolutions have been voted before the
text is tabled. France would like to complete all signatures
and formally present the Declaration "as late as possible" in
December.



3. (C) OTHER ISSUES:

-- UN GENERAL ASSEMBLY PRESIDENCY DECLARATION FOR HUMAN
RIGHTS DAY: France agrees that any "adoption" of a
"declaration" is "just not done". Pellet had not heard about
a possible move by the UNGA Presidency to do so, but promised
to ask the Argentineans and emphasize to them that the GOF
would not support a "declaration" but a statement of some
sort from the UNGA Presidency would be fine.

-- SAUDI INTERFAITH DIALOGUE: Pellet raised this as his first
point. France was unaware of the new text of the Madrid
Declaration that we understand has been worked out between
the Kingdom of Saudi Arabia (KSA) and the Vatican, but, after
reading text, he has serious problems with it still. Pellet
asked us to email this text to him. The GOF's specific
problems are on the two paragraphs on theological issues
(declaring that there is one God and that all creation comes
from him). They also are concerned about lack of gender
equality, lack of full religious equality in the text
(especially for polytheists),and about limitations in the
text on Freedom of Expression (FOE). They want to work with
us on this. The EU does not yet have a position on the
proposed High-Level Dialogue in New York previewed for
November 12-13, but Pellet said he is arguing internally with
this NEA equivalent colleagues. He said he is presenting two
choices: 1) attend at a high level, but only if instructed to
intervene and "tell truth to power" on the issues of concern,
and fight for a better text, or; 2) attend only as
note-takers and do not associate with this effort at all but
say it is for religious persons to decide how best to hold an
inter-faith dialogue, not the UN. He noted that Slyvie
Bermann (MFA IO Director) is personally involved in this
issue.

-- FREEDOM OF EXPRESSION: Barks-Ruggles told Pellet of our
decision not to run a resolution. Pellet was relieved.
Barks-Ruggles noted our interest in doing a side event on
internet freedom.

-- U.S. STATEMENT: Pellet asked if we would raise Belarus in
the U.S. statement next week -- France will put it in their
statement and would like us to say something about continuing
concerns on human rights.

-- CHINA HUMAN RIGHTS DIALOGUE: France will chair (Pellet
leading) the EU-China HR dialogue in Beijing November 24-31.
Pellet noted there will be a "coordination meeting formally
known as Bern" in Brussels on November 20th. Their dialogue
will consist of two days of academic "experts" meeting --
with some NGOs from the EU side, followed by a two-day site
visit (Beijing promised Tibet back in May, but are now trying
to back out of that). The formal government portion of the
HR Dialogue will follow on November 28th.


PARIS 00001979 003.2 OF 003


-- CENTRAL AISA HUMAN RIGHTS DIALOGUES: Pellet returned a few
days prior to the meeting from the first formal EU HR
Dialogue with Kazakhstan. He said the first and hardest
pressed point by the EU was the need for the GOK to meet its
freely taken commitments in Madrid for the OSCE CIO. They
especially pressed on the media freedom law and the need for
the GOK to incorporate OSCE changes into the law. The GOK
was unresponsive and went through the motions only. Pellet's
staff stayed following the Dialogue for the first day of the
"Common World Initiative" meeting in Astana. Pellet said
reports from the field were that the Astana Declaration was
awful, and had been "adopted" without taking into account
problems and disagreements raised by participants. He noted
that when it became clear that the EU and others had serious
objections still with the text (especially on FOE and
handling of women's rights),the chair called for a break and
then declared the Declaration adopted while everyone was on
break. The EU has formally protested and is considering
dissociating from the text.



4. (U) DRL DAS Barks-Ruggles has cleared this message.


STAPLETON