HUMAN RIGHTS COUNCIL, SEPTEMBER 2009 SESSION:

UNCLAS STATE 100316


E.O. 12958: N/A
TAGS: AORC SIPDIS PHUM HRC KWMN SOCI UN
SUBJECT: HUMAN RIGHTS COUNCIL, SEPTEMBER 2009 SESSION:
DEMARCHES REQUESTED FOR THE DRAFT RESOLUTION ON
"ELIMINATION OF DISCRIMINATION AGAINST WOMEN."


1. Background.

A draft resolution on "Elimination of Discrimination Against
Women," introduced by Colombia and Mexico, is being discussed
at the September 2009 session of the Human Rights Council
(HRC). The latest draft of the resolution, dated September
24, calls for appointment of an Independent Expert. OP 12 of
the draft resolution reads: "Decides to appoint, for a
period of three years, an Independent Expert on equality
before the law, based on international obligations and
commitments by States, whose tasks will be:". The U.S.
supports in principle the appointment of an Independent
Expert to examine discrimination against women, but other HRC
member states have expressed strong opposition or concerns
about that proposed action.

Two preambular paragraphs contain language that "recall" the
outcome documents from two UN conferences on racism, held in
Durban in September 2001 and April 2009. The U.S. does not
support the contents of those documents.

In addition, the draft resolution will have financial
implications. The U.S. prefers that the Independent Expert
be funded from existing OHCHR resources or alternatively that
it be accomodated within the new composite gender entity that
is under discussion in the UNGA.

Negotiations continue in Geneva on the resolution.
Department asks that embassies demarche selected capitals
about supporting the draft resolution's mandate for an
Independent Expert, drawing from the talking points below.




2. South Africa.

South African can be influential in building support for the
Independent Expert mandate among African member states of the
HRC, but the U.S. also requires South Africa's assistance in
generating support for the HRC draft resolution on Freedom of
Expression (FOE),introduced by the U.S. and Egypt. While we
want to encourage South African support for an Independent
Expert in the discrimination against women text, we do not
want to press them on this issue so much that they refuse to
help us on the FOE effort.

Talking Points.

Request support for establishment of an Independent Expert.

-- The purpose of the Independent Expert is not to expose or
shame countries. Rather, the Independent Expert would work
with governments, UN bodies, national human rights
institutions, and NGOs to identify, promote, and exchange
views on best practices for eliminating legislation and
practices that discriminate against women.

-- Currently, there is no mechanism whose exclusive focus is
equality of women under the law. No other mechanism
systematically examines best practices of laws that open up
equal opportunities for women. Because South Africa has been
so forward-leaning on equal opportunity for women, we think
South Africa's support for this would be quite valuable.

-- The new mechanism would complement, not duplicate, the
work of other UN entities. The Committee to the Convention
on the Elimination of Discrimination Against Women (CEDAW
Committee) only views States Parties to CEDAW. Other
mechanisms, such as the Special Rapporteur on Violence
Against Women, are more narrow in focus. By documenting best
practices, the Independent Expert could pull together a
compendium of best practices and mechanisms that prevent
discrimination. This product would be useful for the CEDAW
Committee, UN Commission on the Status of Women (CSW),as
well as for the Universal Periodic Review (UPR) process
within the Human Rights Council itself.

Clarify the USG's position on the venue for this resolution.

-- Contrary to what the South African delegate attending the
HRC informal sessions on the resolution had thought, the U.S.
does not in the first instance support deferring action on
this resolution to the 2010 session of the CSW. We would
strongly prefer that the resolution be tabled at the HRC,
since gender discrimination is an important human rights
issue and the HRC can give the issue valuable visibility.

Provide vocal support for establishment of an Independent
Expert.

-- It would be useful if South Africa could provide vocal
support for establishment of an Independent Expert in future
informal sessions. South Africa's voice carries a lot of
weight.

Work with other states, particularly other states in the
region, who may be helpful.

-- Given South Africa's leadership internationally and in the
region, we think it would be particularly useful if South
Africa could reach out to other states, particularly other
African states. These would include, but not necessarily be
limited to: Angola, Burkina Faso, Gabon, Ghana, Madagascar,
Zambia, Mauritius, Djibouti, Cameroon, Senegal, and Nigeria.
Mauritius already seems supportive of an independent expert,
and we welcome that support. We think Nigeria, Ghana, and
Senegal may be particularly approachable on this as well, and
also welcome your advice on who else to approach.



3. For Nigeria.

Draw from the above talking points in para. 2. Thank Nigeria
for its support of the resolution's Independent Expert
mandate, which Nigerian officials have expressed in private
to Ambassador Nancy Rubin, the head of the USDEL to the HRC
session. Nigeria has not appeared at negotiating sessions to
express formal support. Encourage them to ask other African
members of the HRC to be supportive.



4. For Ghana, Senegal, and Mauritius.

Draw from the above talking points in para. 2. Thank them
for their support of the resolution's Independent Expert
mandate. Encourage them to ask other African members of the
HRC to be supportive.



5. For the Philippines and Jordan.

Draw from the above talking points in para. 2. Thank them
for speaking up at the negotiating sessions to offer
qualified support of the Independent Expert mandate.
Encourage them to ask other Asian and Middle Eastern members
of the HRC to be supportive.



6. For India.

Draw from the above talking points in para. 2. It is unclear
whether India supports the Independent Expert mandate. In
negotiation sessions, they have only spoken out on minor
technical points. Encourage them to support the resolution,
voice their support in negotiations, and ask other Asian
countries to support the resolution.



7. For Japan.

Draw from the above talking points in para. 2. Japan is
supportive of the Independent Expert mandate, but like the UK
has budgetary concerns. Inform Japan that the U.S. also has
budgetary concerns. Encourage Japan in future negotiating
sessions to be more vocal about their concerns in future
negotiating sessions, and also to encourage Asian members of
the HRC to be supportive of these views.



8. For Indonesia.

Draw from the above talking points in para. 2. Encourage them
to support the Independent Expert mandate, voice that support
in negotiations, and ask other Asian countries for their
support.



9. For Angola, Burkina Faso, Gabon, Madagascar, Zambia,
Djibouti, and Cameroon.

Draw from the above talking points in para. 2. Encourage
them to ask other African members of the HRC to support an
Independent Expert mandate.


CLINTON