Identifier
Created
Classification
Origin
08STATE122822
2008-11-19 17:46:00
SECRET
Secretary of State
Cable title:  

DEMARCHE REQUEST: REQUEST HIGH LEVEL UN

Tags:  PREL PHUM UNSC BM 
pdf how-to read a cable
VZCZCXYZ0005
OO RUEHWEB

DE RUEHC #2822 3241753
ZNY SSSSS ZZH
O 191746Z NOV 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHGO/AMEMBASSY RANGOON IMMEDIATE 0000
S E C R E T STATE 122822 

SIPDIS

E.O. 12958: DECL: 11/12/2018
TAGS: PREL PHUM UNSC BM
SUBJECT: DEMARCHE REQUEST: REQUEST HIGH LEVEL UN
STATEMENT, SYG BRIEFING REGARDING BURMA

REF: A. STATE 117767 (NOTAL)

Classified By: IO PDAS James Warlick for reasons 1.4 (b) and
(d).

S E C R E T STATE 122822

SIPDIS

E.O. 12958: DECL: 11/12/2018
TAGS: PREL PHUM UNSC BM
SUBJECT: DEMARCHE REQUEST: REQUEST HIGH LEVEL UN
STATEMENT, SYG BRIEFING REGARDING BURMA

REF: A. STATE 117767 (NOTAL)

Classified By: IO PDAS James Warlick for reasons 1.4 (b) and
(d).


1. (U) This is an action request. Department requests
USUN urge SYG Ban to inform the UNSC the Burmese regime
has prohibited Ban from traveling to Rangoon, to stress
the lack of progress on the release of political prisoners
and the need to establish an inclusive dialogue, and to
continue to condemn the regime's harsh sentences against
close to 90 pro-democracy activists. Department also
requests that USUN inform Ban that the United States does not
see value in a return trip for Special Advisor Gambari to
Burma at this time and approach the P-3 for their views on the
prospects for success of an UNSC arms embargo resolution
against Burma.

Objectives
--------------


2. (S) USUN should pursue the following objectives:

-- Urge SYG Ban to brief the UNSC and the SYG's Group
of Friends on Burma that the regime has prohibited Ban from
travel to Rangoon. We suggest Ban make public the UN's
latest thinking and interactions with the regime about a
possible SYG visit to Burma and his assessment of the
efforts to fulfill the mandate of the Special Envoy. This
briefing could then serve as the basis for follow-on
action by the UNSC in the form of either a resolution or a
strong Presidential Statement. Such a meeting could occur
following the UNGA Third Committee consideration of the
resolution on the human rights situation in Burma,
expected on or about November 20.

-- Urge SYG Ban personally to stress the lack of progress
on the release of political prisoners and the need to
establish an inclusive dialogue, and continue to condemn
the recent harsh sentencing of more than 50 pro-democracy
activists since November 7.

-- Explain that the U.S. regards an UNSC arms embargo
resolution against Burma as an appropriate response.

Reporting Deadline
--------------


3. (SBU) Reporting deadline: USUN should report the
results of this demarche no later than Wednesday, November
26, via cable.

Background
--------------


4. (S) Background for Mission use only: In October, SYG
Ban agreed, at USUN's urging, to refrain from traveling to
Burma until he could be assured his trip would produce

concrete progress. Upon his return from a secret planning
trip for a potential Ban visit to Rangoon, Ban's Chief of
Staff, Vijay Nambiar, indicated the regime will not permit
a Ban visit. The regime will attempt to engage the new
U.S. administration, and not the UN. Ban told Ambassador
Khalilizad he would raise the issue of his travel with the
Prime Minister at the upcoming ASEAN Summit.


5. (SBU) We are also concerned about the complete lack of
progress the Burmese regime has made in fulfilling the
conditions of the mandate of the Special Envoy and the
issues raised in the October 2007 PRST, namely, the
release of all political prisoners and engaging in a
genuine, time-bound political dialogue.


6. (C) This week, the Burmese regime's crackdown on
pro-democracy activists has escalated to a point not seen
since last year's Saffron Revolution. Since November 7,
the regime has sentenced at least 86 prominent opposition
activists to prison terms ranging up to 65 years. Most of
the activists had no legal counsel at their sentencing. Some
who protested lack of due process were cited for contempt.
The regime has denied requests by family members to visit
the prisoners following their convictions. Over 2,000
pro-democracy activists are currently in custody, many
sentenced to long prison terms.


7. (C) The most recent convictions were for associating
with organizations not approved by the regime, printing or
publishing materials without regime approval, creating or
duplicating videos without permission, making statements
that "may cause public alarm," and other violations of
Burma's repressive laws. Those convicted include a blogger, a
labor activist, a poet and other well-known pro-democracy
activists, including leaders of the "88 Generation"
group. Several of those sentenced were clients of
two lawyers who themselves were recently sentenced to four
months detention for arguing that their clients were not
receiving due process.


8. (C) These arrests appear designed to head off
demonstrations protesting preparations for the 2010
elections, similar to the protests seen during the 2007
Saffron Revolution.


9. (U) On November 12, Spokesperson for SYG Ban released
the following statement on Burma: "The Secretary-General
is deeply concerned by recent reports of sentences and
severe prison terms imposed in connection with the
peaceful demonstrations of last year in Myanmar. He calls
once again for all political prisoners to be released and
for all citizens of Myanmar to be allowed to freely
participate in their country's political future as part of
an inclusive national reconciliation process."


10. (C) In light of the Burmese regime's current posture, the
USG does not see value in a return trip by Special Envoy
Gambari. The regime has already said it does not intend to
cooperate with the United Nations, and we can expect that a
visit by him at this time would be useless or possibly
counterproductive.


11. (S/REL TO UN) Mission should draw on the following
points in speaking with SYG Ban:

-- We understand during Chief of Staff Vijay Nambiar's
recent trip to Rangoon, the Burmese regime informed
Nambiar that they would not welcome your visit and would
only engage the new U.S administration. We think this
development is sufficiently important that you should
brief the UNSC and the Group of Friends on Burma, making
clear the Burmese have said they will not engage with you
or (?) the UN. We suggest that you personally and publicly
reaffirm
that you have no intention to visit Rangoon until
the regime makes clear it is serious about engaging the UN
and takes the steps the UN has insisted upon.

-- We also suggest you brief the UNSC and the Group of
Friends on the regime's utter failure to fulfill the
conditions of the mandate of the Special Envoy and the
issues raised in the UNSC's October 2007 PRST, specifically
the
release of all political prisoners and the establishment
of a genuine and time-bound political dialogue.

-- Moreover, in the past several days we have witnessed
the largest crackdown on peaceful democracy activists
since the September protests last year. We note with
great alarm the sentencing of at least 59 prominent
opposition activists for their simple exercise of the
universally recognized rights of free association and free
expression. We appreciate your statement of "deep
concern" about the sentencing of these activists and your
call for the release of political prisoners and all
citizens of Burma to participate freely in the
reconciliation process. We urge you and other UN
officials to continue to highlight the regime's recent
actions.


12. (S/REL TO GBR AND FRANCE) Points for use with P-3:

-- In the past several days we have witnessed a rapid
increase of repression against peaceful democracy
advocates in Burma and note with great alarm the
sentencing of more than 50 prominent opposition activists
for their simple exercise of the universally recognized
rights of free association and free expression. We know
you share our concern. The UNSC cannot remain silent on this
most recent crackdown.

-- We are concerned about the regime's complete failure to
fulfill the conditions of the mandate of the Special Envoy
and address the issues raised in the October 2007 PRST,
namely the release of all political prisoners and engaging
in a genuine, time-bound political dialogue. With the
regime's rejection of the SYG's good offices mission, it
now appears we must consider a new tactic.

-- The regime's control over the Burmese people is
dependent on its ability to use oppressive force. The most
direct method of beginning to counter the regime's agenda
would be to impose a UNSC arms embargo resolution against
Burma. The U.S views this as a high priority and key to
mitigating the regime's use of force.

-- We ask for your views on the prospects for success of
such a resolution.

-- [In the event both France and the UK rule out an arms
embargo resolution] The U.S. thinks
positive UNSC action remains important and would look to
your support for a strongly worded condemnatory resolution or
PRST expressing concern
about the recent harsh prison sentences handed down by the
regime to democracy activists, and reiterating the need
for the immediate release of all political prisoners,
including Aung San Sui Kyi, and concrete steps to begin a
time-bound political dialogue with pro-democracy and
ethnic minority leaders, with the goal of transitioning to
democratic governance.


13. (U) Point of Contact: Post should contact IO/UNP
Lesley Blancas, (202) 736-7004, BlancasLX@State.gov with
questions or concerns.
RICE