FSC OCTOBER 29: MINISTERIAL DRAFT DECISIONS DEBATED

UNCLAS SECTION 01 OF 05 USOSCE 000264 SENSITIVE SIPDIS STATE FOR VCI/CCA, VCI/NRRC, EUR/RPM, EUR/PRA, EUR/CARC, SCA/CEN, SCA/RA, PM/WRA JCS FOR J-5 OSD FOR ISA (PERENYI) NSC FOR HAYES USUN FOR LEGAL, POL EUCOM FOR J-5 CENTCOM FOR J-5 UNVIE FOR AC GENEVA FOR CD E.O. 12958: N/A TAGS: PARM PREL KCFE OSCE RS XG SUBJECT: FSC OCTOBER 29: MINISTERIAL DRAFT DECISIONS DEBATED REF: OCT 28 WRIGHT-SILBERBERG EMAIL ¶1. (SBU) Summary: At the October 29 Forum for Security Cooperation, the defense minister of Cyprus appealed for OSCE help in disposing of surplus MANPADS ODIHR director Lenarcic urged participating States (pS) to implement the recommendations of the ODIHR Handbook on human rights in the armed forces. The handbook's author, Ian Leigh of Durham University, gave an overview of the handbook's wide-ranging provisions, including freedoms of association, political choice, and religion. The U.S. criticized the handbook as lacking a mandate from pS and squandering ODIHR resources when fundamental freedoms are under attack in several pS. ¶2. (SBU) Russia responded to Georgia's statement claim at the October 22 FSC that Russian forces had not fully complied with the Medvedev-Sarkozy agreement and were still occupying Georgian territory. Russia disputed Georgia's territorial claims and insisted its forces were operating within the terms of the peace agreement. ¶3. (SBU) In the working groups, debate continued over the Ministerial Council draft decision on FSC issues, with Russia insisting that the decision must include a requirement to produce progress reports on the Code of Conduct and arms control. The U.S. opposes, preferring not to tie the hands of the FSC a year before the next Ministerial. Russia is also arguing with Georgia over language describing Security Dialogue discussions of their August conflict. End summary. Cyprus Asks for Help with MANPADS Disposal -------------- ¶4. (SBU) Costas Papacostas, the defense minister of Cyprus, appealed for assistance in disposing of 324 surplus SA-7 "Strela" MANPADS. Cyprus is maintaining the weapons in several small secure stockpiles but wishes to dismantle them in a safe and environmentally benign manner. Turkey noted a Greek newspaper announced Cyprus was eliminating its MANPADS as it recently acquired the "Mistral" air defense system. ODIHR Handbook on Human Rights in Military -------------- ¶5. (SBU) Amb. Janez Lenarcic, director of the OSCE Office of Democratic Institutions and Human Rights, told the Security Dialogue that the recently published ODIHR "Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel" will assist pS in ensuring the OSCE acquis in human rights benefits all their citizens, including those in the armed forces. Lenarcic cited recurring report of brutality and hazing in the armed forces and the need to make women more welcome at all ranks of the military. ¶6. (SBU) The handbook proposes measures to address these problems, including military ombudsmen, standing monitoring regimes, and professional associations or unions. While accepting that some restrictions on the freedoms of military members may be required by operational necessities, he contended these must be proportionate and enacted into law. Lenarcic appealed for financial support for ODIHR's work in publicizing and assisting pS to implement the recommendations of the handbook in 2009. USOSCE 00000264 002 OF 005 ¶7. (SBU) Professor Ian Leigh of Durham University (England), the principal author of the handbook, gave an overview of its many topics and recommendations, including measures to ensure full enforcement of freedoms of association religion, political activity, and gender equality (FSC-PC.DEL/36/08). ¶8. (SBU) France, and on behalf of the EU, noted the Code of Conduct was among the inspirations for the handbook, which it enthusiastically welcomed. The UK echoed French remarks. Sweden praised ODIHR for the handbook, and predicted its recommendations would strengthen discipline and esprit in the forces. Sweden also asked if Lenarcic had any suggestions for the ongoing revision of the Code of Conduct Questionnaire. Switzerland noted the role of its Geneva Center for the Democratic Control of the Armed Forces in the creation of the handbook. Germany asked what plans ODIHR had for further outreach on the handbook. U.S. Critique -------------- ¶7. (SBU) The U.S. (Silberberg) announced the handbook would be reviewed by experts in capital and criticized ODIHR for acting outside its mandate in preparing the handbook. The U.S. noted that, at a time when several pS are not fulfilling their key human rights commitments, it was important for ODIHR to focus on the core elements of its mission rather than, for example, the right of military members to form labor unions. The U.S. noted the handbook's extensive references to EU agreements that it and some pS are not party to and urged the OSCE to promote universal and OSCE standards. ¶8. (SBU) Responding to the U.S. comments, Lenarcic denied ODIHR was ignoring any parts of its broad mandate while preparing the handbook. Leigh added that the handbook includes UN and other international agreements, not just the EU documents that are in force in the majority of pS. ¶9. (SBU) Lenarcic said a follow-up event was planned in Georgia and Armenia had requested assistance on matters related to the handbook. He declined to suggest any changes to the Code Questionnaire but encouraged all pS to submit responses that will help ODIHR in assessing the status of human rights in the military forces. Georgia-Russia Sparring -------------- ¶10. (SBU) Russia, in response to Georgia's charge at the October 22 FSC that Russian forces were still occupying Georgian territory in violation of the Medvedev-Sarkozy agreement, disputed the specifics of Georgia's territorial claims and insisted its forces were present only to maintain law and order and aid reconstruction efforts. Georgia did not accept Ulyanov's assurances. Montenegro Joins Dayton Article IV -------------- ¶11. (U) Montenegro announced its accession to the Dayton Peace Accords Article IV agreement on sub-regional arms control. Cyber Security Decision -------------- USOSCE 00000264 003 OF 005 ¶12. (SBU) The decision to hold a work shop on cyber security in March 2009 was adopted without discussion. (FSC.DEC/10/08) MC.DD on FSC Issues -------------- ¶13. (SBU) Debate continued over the Ministerial draft decision on FSC issues provisions referring to Security Dialogue discussions of the August Georgia-Russia conflict and requiring progress reports in 2009 on the Code of Conduct and arms control/CSBMs. Russia and Georgia cannot agree to language describing the August war. Georgia proposed "conflict between pS" but France objected this suggested conflict by all pS. The chair, Finland (Kangaste), subsequently issued a revised draft with the phrase "armed conflict in August 2008." (MC.DD/6/08/Rev.2) Many delegations remain skeptical that Georgia and Russia would agree even to this shorthand. ¶14. (SBU) Germany (Schweizer) proposed alternate language for OP3, which refers to progress reports for the 2009 Ministerial. The chair included this new alternate in the latest version of the decision (MC.DD/6/08/Rev.2). While the German suggestion softens the requirement for the Code and arms control reports with "should," it still "requests" submission of reports and relegates other areas of FSC work to the "as appropriate" category. However, there appears to be wide support for this version or the original version of OP3 mentioning only the two reports on the Code and arms control. ¶15. (SBU) Ulyanov told USDEL on the margins he could not understand why it opposed the requirement to report on the Code and arms control but not the companion decision tasking to report on SALW. Referring to the draft progress report on arms control in preparation for the 2008 Ministerial, he asked what was the U.S. afraid of? MC.DD on SALW -------------- ¶16. (SBU) The chair issued a revision of the Ministerial draft decision on SALW and stockpiles of conventional ammunition (MC.DD/7/08/Rev.2) to accommodate quibbles from some delegations over the precise nature of their obligations under the OP3 requirement to establish a "legal framework" for brokering per FSC.DEC/8/04. ¶17. (SBU) The U.S. announced, per ref email, its agreement to the decision, particularly OP2 tic 2 requiring review of the OSCE Document on SALW, was conditioned on any "further actions" being limited to implementation of the existing document and would not go beyond the scope of the current document. While there was no comment at the working group, Ulyanov subsequently told USDEL that he would object to this interpretation at a future meeting as it foreclosed the chance of doing any "real work." He added that if the pS were to be limited only to implementation of exiting documents there was no reason for the FSC to meet. He promised to return to this theme in future meetings. Defense Planning Deadline -------------- USOSCE 00000264 004 OF 005 ¶18. (SBU) Russia revived its 2007 proposal to establish a single deadline of September 30 for submission of defense planning information under the Vienna Document. The revised version also requires pS that will miss the deadline to inform the CPC and other pS by September 30 of the tentative date of submission (FSC.DEL/494/07/Rev.3). A translation error in OP2, "coming year" should read "current year" was corrected after the meeting (FSC.DEL/494/07/Rev.3/Corr.1). Ulyanov said all but three of the pS have fiscal years that coincide with the calendar and, ergo, should have approved defense budgets by September 30. He noted without further comment that Canada, the UK, and the U.S. have different fiscal years. Norway, Sweden, and Germany supported the proposal. ¶19. (SBU) The U.S. said it could not support the proposal, noting that the Vienna Document (para 15) does not contain a single deadline for the simple reason that pS complete their defense budgets at different times. If Russia was concerned about the status of late submissions, the U.S. could support a chair's statement reaffirming the provisions of para 15 requiring explanations for late submissions and projected dates of delivery. ¶20. (SBU) Ulyanov replied there was no point in a chair's statement: there had to be a fixed deadline for the CPC to send reminders to late pS. The only option was to ignore the problem. If that was the advice of the U.S., then Russia would withdraw its proposal. SALW by Air -------------- ¶21. (SBU) The draft decision on best practices and a questionnaire on air transport of SALW (FSC.DD/10/08/Rev.2) was approved without discussion and will be considered at the November 4 Plenary. End-User Certificates -------------- ¶22. (SBU) The revised draft decision for an information exchange on end-user certificates (FSC.DD/9/08/Rev.1) was widely supported. The U.S. gave provisional support, subject to final guidance. Russia objected to the recommendation in OP1 to submit an English translation of the certificate. The chair subsequently issued a revision (FSC.DD/9/08/Rev.3) that deletes this recommendation but retains the requirement that certificates be accompanied by a translation into one of the six official OSCE languages. Melange "Overview" -------------- ¶23. (SBU) There is wide support for the proposal welcoming the Finnish-prepared "overview" of melange (rocket fuel oxidizer) disposal (FSC.DEL/148/08/Rev.1). The U.S. proposed language for OP2 making the CPC tasking subject to available funding. This has been reflected in a subsequent revision (FSC.DD/13/08). Code of Conduct Questionnaire -------------- USOSCE 00000264 005 OF 005 ¶24. (SBU) Sweden and Denmark proposed deleting reference to UNSCR 1325 on gender issues from the draft decision and replacing it with an expanded reference to the UN Charter and "fundamental freedoms" pertaining to inter alia "sex." The change was suggested to meet Turkish concerns with including gender issues in the Questionnaire. Turkey expressed provisional support. ¶25. (SBU) Russia insists on retaining the I.3.1. and I.3.2. questions on arms control and CSBMs in order to achieve a document "balanced" between, on the one hand, terrorism and the democratic control of the armed forces, and, on the other, traditional political-military concerns. Russia also wants to restore the earlier deleted II.1.2. question on taking into account the "legitimate security concerns of other States" (Code paras 3, 10, and 13). Germany countered that this question was deleted as responses would inevitably involve disclosure of sensitive defense planning information. ¶26. (SBU) Ulyanov also indicated frustration with the constant revisions of the draft Questionnaire and said anything resembling a final version would still require perhaps a month and a half of review in Moscow. ¶27. (SBU) The chair announced it would make the proposal a draft decision and issue a revision although informal negotiations are expected to continue (FSC.DD/14/08). Next Meeting -------------- ¶28. (SBU) The next FSC meeting will be on November 4 and will feature a Security Dialogue presentation on follow-up work in the OSCE on the third Biennial Meeting of States on the UN Program of Action of SALW. FINLEY