UN/MEXICO: GOM WILL SUPPORT ARAB PROPOSAL ON

UNCLAS SECTION 01 OF 03 MEXICO 003161

SENSITIVE
SIPDIS

DRL MLGA TO DEPUTY DIRECTOR SICADE, WHA FOR MEX DIRECTOR
LEE AND STAFF, IO/HR, PAUL KRUCHOWSKI, IO/UNP TO ANDREW
MORRISON, NEA/IPA TO JEFFREY GIAUQUE, AND USUN NEW YORK TO
ELLEN GERMAIN

E.O. 12958: N/A
TAGS: MX PGOV PREL PHUM PTER KPAL ISPL PL
SUBJECT: UN/MEXICO: GOM WILL SUPPORT ARAB PROPOSAL ON
GOLDSTONE WITH EU CHANGES

REF: A. STATE 112828

B. STATE 098567

C. USUN 0958

MEXICO 00003161 001.2 OF 003



1. Poloff delivered demarche points in reftel A, emphasizing
that, while the USG fully supported full investigations of
all allegations of human rights violations during the Gaza
conflict, we could not support an unbalanced resolution that
focused entirely on the actions of Israel. Poloff stressed
that we also did not want to take further action on Gaza or
the Goldstone report within the Security Council.


2. Fernando Gonzalez, Assistant Director General for the UN
Security Council at the Mexican Secretariat for Foreign
Relations, told Poloff that the GOM had also felt unable to
support such a resolution until they saw the text that the
Arab Group and OIC had proposed on November 2. The GOM felt
that this language, unexpectedly, presented the Gaza issue in
a relatively evenhanded way. With this draft text and the
changes proposed by the Europeans, the GOM will likely
support the resolution. For reference, a version of the 11/2
draft text Gonzalez provided to Poloff is available in para 4
below.

Gonzalez noted several examples of equilibrium in the text:

--As requested by the EU, the resolution condemns all
targeting of civilians and civilian infrastructure and
intuitions, including UN facilities.

--Paragraphs numbered 3 and 4 balance one another, one
referencing actions that needed to be taken by the Israelis
and one that needed to be taken by the Palestinians. Poloff
pointed out that the para on Israel did not make note of the
GOI's investigations into alleged violations, related to its
own actions during the Gaza conflict.


3. Gonzalez agreed that not all of the 11/2 OIC/Arab Group's
language is ideal. In paragraph 1, the European negotiators,
with GOM support, have asked the Arab group to change the
word "endorse" to "takes notes of." Gonzalez raised the fact
that the three-month time limit for investigations
highlighted in paragraph 3 and 4 seemed too short, and the
GOM would prefer closer to six months. Poloff underscored
that, as the conflict is ongoing, a time limit for domestic
inquiries would be artificial. Finally, Poloff suggested
that the paragraph that begins "Gravely concerned by reports
regarding serious human rights violations and grave breaches
of international humanitarian law committed during the
Israeli military operations..." would be difficult for the
USG to accept due to its political nature. Gonzalez took
note of this comment but observed that the United States
could become increasingly isolated on human rights issues in
multilateral foras if we could not find a way to negotiate a
version of this text.



4. 2 November 2009 - DRAFT - Follow-up of the Report of the
United Nations Fact Finding Mission on the Gaza Conflict
(Goldstone Report)

The General Assembly,

Guided by the purposes and principles of the Charter of the
United Nations,

Recalling the relevant rules and principles of international
law, including international humanitarian and human rights
law, particularly the Fourth Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12
August 1949, which is applicable to the Occupied Palestinian
Territory, including East Jerusalem,

Recalling also the Universal Declaration of Human Rights and
the other human rights covenants, including the International
Covenants on Civil and Political Rights and on Economic,
Social and Cultural Rights, and the Convention on the Rights
of the Child,


MEXICO 00003161 002.2 OF 003


Recalling its relevant resolutions, including resolution
ES-10/18 of 16 January 2009 of its tenth emergency special
session,

Recalling also the relevant Security Council resolutions,
including resolution 1860 (2009) of 8 January 2009,

Recalling the relevant resolutions of the Human Rights
Council, including resolution S-12/1 of 16 October 2009,

Expressing its appreciation to the &United Nations Fact
Finding Mission on the Gaza Conflict8 led by Justice Richard
Goldstone for their comprehensive report,

Affirming the obligation of all parties to respect
international humanitarian law and international human rights
law,

Emphasizing the importance of the safety and well-being of
all civilians, and reaffirming the obligation to ensure the
protection of civilians in armed conflict,

Gravely concerned by reports regarding serious human rights
violations and grave breaches of international humanitarian
law committed during the Israeli military operations in the
Gaza Strip that were launched on 27 December 2008, including
the findings of the &United Nations Fact Finding Mission on
the Gaza Conflict8 and the Secretary-General,s Board of
Inquiry,

Condemning all targeting of civilians and civilian
infrastructure and institutions, including United Nations
facilities,

Stressing the need to ensure accountability for all
violations of international humanitarian law and
international human rights law for preventing impunity,
ensuring justice, deterring further violations and promoting
peace,

Convinced that achieving a just, lasting and comprehensive
settlement of the question of Palestine, the core of the
Arab-Israeli conflict, is imperative for the attainment of a
comprehensive, just and lasting peace and stability in the
Middle East,



1. Takes note of the report of the Human Rights Council on
its Twelfth Special Session of 15-16 October 2009;


2. Requests the Secretary-General to transmit the report
of the &United Nations Fact Finding Mission on the Gaza
Conflict8 to the Security Council;


3. Calls upon the Government of Israel to take all
appropriate steps, within a period of three months, to
undertake investigations that are independent, credible and
in conformity with international standards into the serious
violations of international humanitarian and international
human rights law reported by the &United Nations Fact
Finding Mission on the Gaza Conflict8 towards ensuring
accountability and justice;


4. Urges, in line with the recommendation of the &United
Nations Fact Finding Mission on the Gaza Conflict8, the
undertaking of investigations that are independent, credible
and in conformity with international standards, within a
period of three months, by the Palestinian side into the
serious violations of international humanitarian and
international human rights law reported by the &United
Nations Fact Finding Mission on the Gaza Conflict8 towards
ensuring accountability and justice;


5. Recommends to the Government of Switzerland, in its
capacity as depositary of the Fourth Geneva Convention, to
undertake the necessary steps as soon as possible to
reconvene a Conference of the High Contracting Parties to the
Geneva Convention on measures to enforce the Convention in
the Occupied Palestinian Territory, including East Jerusalem,

MEXICO 00003161 003.2 OF 003


and to ensure its respect in accordance with common article 1;


6. Requests the Secretary-General to report to the General
Assembly, within a period of three months, on the
implementation of the present resolution, with a view to
considering further action, if necessary, by the relevant
United Nations organs and bodies, including by the Security
Council;


7. Decides to remain seized of the matter.


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