SOUTH AFRICA DEMARCHE RESPONSE: UNHRC 12TH SESSION

UNCLAS SECTION 01 OF 03 PRETORIA 001860 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL PGOV PHUM SF SUBJECT: SOUTH AFRICA DEMARCHE RESPONSE: UNHRC 12TH SESSION PRIORITIES REF: A. STATE 093373 ¶B. 08 PRETORIA 1287 -------------- Summary -------------- ¶1. (SBU) On September 10 poloffs met with Pitso Montwedi, Chief Director for Human Rights and Humanitarian Affairs at the Department of International Relations and Cooperation (DICO),to deliver message (ref A) on USG priorities for the next session of the U.N. Human Rights Council (HRC). On the proposed Freedom of Expression resolution, Post would recommend sharing the draft resolution with the South Africans at the UNHRC and working with South Africa to bridge divides between other actors. Other SAG perspectives are offered below, notably on a poverty-related resolution and a possible Special Rapporteur to South Africa on xenophobia. Please see Action Request at paragraph 10. End Summary. -------------- Overview: HRC Challenges Ahead -------------- ¶2. (U) After a quick summary of the four overarching U.S. goals in re-engaging with the HRC (reftel),we asked Montwedi for his general views on the coming session, and possible challenges for both the USG and the SAG. (Montwedi had advocated for U.S. participation and was exuberant in April over the news of U.S. candidacy for a seat.) He hopes to work jointly to strengthen the HRC, citing former Ambassador Bolton's "profound statement" that the transition from Human Rights Commission to HRC must be a paradigm shift and not just a name change. "We also wanted something very different," sighed Montwedi, "but we find that the change has brought more of the same problems" such as politicization of human rights, double standards, and selective targeting of particular nations. ¶3. (U) Montwedi reiterated his concern (ref B) about undue costs and duplication between the HRC and Third Committee. This year's economic crisis and SAG austerity measures will cut his team's travel between Geneva and New York, forcing them to choose issues according to cost. ("If the rights of the child will take five weeks instead of one, can we afford to join?") South Africa is well budgeted relative to its African neighbors, on whom the cost strain "sends the wrong signal that Africa doesn't care about human rights." South Africa and Egypt are alone on the continent in having dedicated human rights officials, and only the SAG sends its team from Geneva to New York. Other African countries ask their New York delegations to cover the issues, resulting in contradictory messages and "incoherence." ¶4. (U) Thirdly, Montwedi lamented that African countries have no human rights structure at the level of the African Union (AU). The European Union (EU) debates issues in Brussels to arrive in New York with a pre-agreed position. By contrast, the AU has no such process in Addis Ababa, and therefore as a group Africa's views appear disjointed. -------------- FoE: SAG's Differing View -------------- ¶5. (U) On the Freedom of Expression issue, discussed on multiple occasions with Montwedi, we reiterated the U.S. position and explored how the SAG disagrees. Montwedi described what he saw as a "confusion in the minds of many states" among the ICCPR's Articles 18, 19, and 20, which the recent debates on defamation of religion had only compounded. While the USG might view freedom of speech as unlimited (and punishable only when it translates to violent action),the Qpunishable only when it translates to violent action),the SAG felt freedom of speech was more bounded, with a line beyond which speech became incitement. In reply to the U.S. concern that a defamation resolution could be used by repressive states to restrict freedoms, Montwedi said such states would behave that way regardless, and there was nothing intrinsic or explicit in the covenants to support restrictions. ¶6. (U) Montwedi suggested the USG could play a constructive role in bridging a divide between the EU and Organization of the Islamic Conference (OIC),which he described as "going in PRETORIA 00001860 002 OF 003 different directions" on defamation. Since the EU was not the author of the resolution, Montwedi questioned its attempt to re-interpret the definition of defamation. For its part, the SAG supports the defamation resolution as written. -------------- Mandates: SAG Will Heed Others -------------- ¶7. (U) On the renewal of three mandates of technical assistance to Somalia, Cambodia, and Burundi, Montwedi said the SAG will be guided by the points of view of the countries concerned, along with the common AU position. (Hence the SAG was for now undecided on these three.) The SAG feels special rapporteur and independent expert are useful mechanisms in general, although completing mandates can become problematic (e.g. in Sierra Leone). Montwedi chuckled over the case of Burundi, which he said has "blown hot and cold" over human rights assistance to such a maddening extent that the SAG has warned Burundi it might abstain on that vote. -------------- French Resolution on Poverty -------------- ¶8. (SBU) Montwedi described a French continuing resolution related to human rights and poverty, which was "very problematic" for the SAG. The crux of the problem, says Montwedi, is the resolution's assertion that extreme poverty is an equal challenge to all countries. Besides being unrealistic, Montwedi described the notion as incoherent and lacking vision. The SAG has raised the matter on visits to Paris, "trying to lift the logjams." (The French escorted South Africans to a Romani camp on the city fringes to prove its point, but the Romanis claimed the French government had denied them fixed housing, so SAG saw this as proof of discrimination not poverty.) France reportedly wants an Independent Expert (FNU Sepulveda) to produce guiding principles on poverty eradication, to which Montwedi protests that his ministry DICO has no authority over the domain of economists. DICO must consult with economic bodies of the New Partnership for African Development (NEPAD) and the AU, and the HRC must not "short circuit" the Millenium Development Goals in Africa. -------------- TIP, Migrants, Xenophobia -------------- ¶9. (SBU) Montwedi said the SAG had been warned (he did not say by whom) a motion might be raised with specific reference to South Africa on human trafficking, undocumented migrants, and xenophobic violence. A Special Rapporteur might be proposed for South Africa to investigate 2008 mob attacks against foreigners and ethnic minorities, and to ensure that the SAG would not allow perpetrators to enjoy impunity. We noted that the USG shares the consensus concern of local migrant advocacy groups over the lack of any convictions on serious charges for those attacks. Post has documented SAG efforts involving the elimination of human trafficking and the protection of undocumented migrants. We would be grateful for updates from Geneva and would be prepared to offer background and propose talking points should a debate on this issue take place. -------------- Q: USG Intent on Durban Follow-Up? -------------- ¶10. (U) Montwedi indicated there could be a racism resolution in the HRC as well as in the General Assembly. Immediately after the HRC session a Durban Working Group would run for two weeks, and thereafter for another two weeks Qwould run for two weeks, and thereafter for another two weeks an ad hoc committee on complementary standards. Montwedi stressed that these sessions were high priorities and "big stakes" for the SAG, which was eager to know if the USG would participate. ACTION REQUEST: Post requests Department guidance via email on USG plans to to attend or not attend the two Durban working group sessions after the HRC. -------------- Other Issues in the Pipeline -------------- ¶11. (SBU) Other issues touched on were: PRETORIA 00001860 003 OF 003 - Discriminatory Laws Against Women: the SAG had not heard of this initiative. Montwedi thanked us for informing him, but he did not yet have a view. - Traditional Values: the SAG had not heard of this. When we noted that this issue might resonate in South Africa, where the 1994 Constitution often conflicts with the authority of tribal chiefs, Montwedi waved this point aside and said the SAG would support the human rights principle, without question. - Child Complaints Mechanism: the SAG had heard that a Latin American country (Chile, perhaps) would move for an Optional Protocol to the Convention on the Rights of the Child, creating a working group to develop an international inquiry mechanism to respond to complaints by or on behalf of children. Montwedi had little detail, and indeed his concern was that the concept was not clearly defined. Moreover, he worried that the burden of implementation could be much greater than foreseen by the proposers. - Review of HRC Mechanisms: the SAG had heard that Russia would propose an open-ended working group to initiate the five-year review specified by the 2006 Act which created the HRC. - Transnational Corporations: Montwedi suggested that Norway might re-run a resolution on this topic. GIPS