Identifier
Created
Classification
Origin
09STATE39222
2009-04-20 23:57:00
UNCLASSIFIED
Secretary of State
Cable title:  

GUIDANCE REGARDING USG PARTICIPATION IN THE

Tags:  PREL SOCI AORC KISL PHUM KDEM 
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UNCLAS SECTION 01 OF 04 STATE 039222 

SIPDIS

E.O. 12958: N/A
TAGS: PREL SOCI AORC KISL PHUM KDEM
SUBJECT: GUIDANCE REGARDING USG PARTICIPATION IN THE
DURBAN REVIEW CONFERENCE

UNCLAS SECTION 01 OF 04 STATE 039222

SIPDIS

E.O. 12958: N/A
TAGS: PREL SOCI AORC KISL PHUM KDEM
SUBJECT: GUIDANCE REGARDING USG PARTICIPATION IN THE
DURBAN REVIEW CONFERENCE


1. This is an action request for Geneva, The Hague,
Moscow, Jerusalem, London, Nairobi, Accra, Kigali, Lusaka,
Rabat, Bamako, Abuja, Dakar, Mexico City, Brasilia and
Rome. Please see paragraphs 2, 3 and 4.


2. The draft review conference outcome document for the
Durban Review Conference does not go far enough to address
our redlines, as expressed in our statement on February

27. Mission Geneva is instructed not to send any
representative to the Durban Review Conference (April
20-24) to sit behind our placard. The Department requests
that the Mission confine its formal activities to sending
a notetaker to observe the proceedings from the back of
the hall. Mission may also observe side events at its
discretion.


3. Embassy Hague, Embassy Moscow and ConGen Jerusalem are
requested to convey our sincere thanks to host governments
and the Palestinian Authority for their strong efforts to
find compromise language and should express our regret
that we will be unable to join the review conference.
Please also convey the points in paragraph 4 below.
Department requests Mission Geneva report any other
delegations that should be commended in capitals for
helping to further USG objectives during the negotiations
on the draft outcome document.


4. Embassies London, Nairobi, Accra, Kigali, Lusaka,
Rabat, Bamako, Abuja, Dakar, Mexico City, Brasilia and
Rome are requested to convey to host governments U.S.
appreciation for the importance of this issue to their
governments and people; we share their deep and abiding
commitment to work with the UN and fellow members states
to eliminate racial discrimination wherever it occurs.
Please also convey our appreciation for the efforts host
governments made to improve the language of the document
and find a compromise. Posts should note our regret that
we will be unable to join the review conference.


5. As needed, Mission Geneva and all Posts are authorized
to draw from the following press statement and press
guidance regarding the United States' non-participation in
the Durban conference.

BEGIN STATEMENT

The United States is profoundly committed to ending racism
and racial discrimination. This abiding commitment to the

fight against racism and all forms of discrimination
arises from the most painful pages of our history, and the
most cherished values of our nation. We believe that
people of every color and creed are born free and equal in
dignity and rights and that equality and nondiscrimination
are fundamental principles of international law.

The United States will work with all people and nations to
build greater resolve and enduring political will to halt
racism and discrimination wherever it occurs.

The United States is deeply grateful to the many country
delegations, including Russia as chair, and senior United
Nations officials who have worked steadfastly to improve
the review conference outcome document and to re-focus the
Durban Review Conference squarely on racism and
discrimination. We applaud the progress that has been
made. The current document is significantly improved
compared with prior versions, which is an accomplishment
for all who aim to build a world free of every form of
discrimination.

However, the text still contains language that reaffirms
in toto the Durban Declaration and Programme of Action

STATE 00039222 002 OF 004


(DDPA) from 2001, which the United States has long said it
is unable to support. Its inclusion in the review
conference document has the same effect as inserting that
original text into the current document and re-adopting
it. The DDPA singles out one particular conflict and
prejudges key issues that can only be resolved in
negotiations between the Israelis and Palestinians. The
United States also has serious concerns with relatively
new additions to the text regarding "incitement," that run
counter to the U.S. commitment to unfettered free speech.

Unfortunately, it now seems certain these remaining
concerns will not be addressed in the document to be
adopted by the conference next week. Therefore, with
regret, the United States will not join the review
conference. The United States remains fully committed to
upholding the human rights of all individuals and to
fighting racial discrimination of every form in every
context. We will continue to work assiduously in all
United Nations fora and with all nations to combat bigotry
and end discrimination.

END STATEMENT

BEGIN Q & A

Q: Why is the U.S. not participating in the Durban Review
Conference?

- In February, the Administration sent an
experienced delegation to Geneva to explore whether the
preparatory negotiations for the Durban Review Conference
could be moved onto a productive track. After a period of
intense discussions in Geneva, Washington, and in
capitals, the United States determined that the then-draft
document was profoundly flawed and did not represent a
genuine, constructive effort to combat racism,
discrimination, and other forms of intolerance.

- In subsequent weeks, significant improvements
were made to the draft document. Unfortunately, it still
does not meet one of our clearly expressed concerns as the
text continues to reaffirm in toto the Durban Declaration
and Programme of Action (DDPA). The United States also
has serious concerns with relatively new additions to the
text regarding "incitement," that run counter to the U.S.
commitment to free speech.

- As a result, the United States will not be able
to participate in the Conference.

Q: The Durban Review is an international conference on
fighting racism. Doesn't your decision to not participate
contradict the Obama Administration's commitments to
fighting racism and working in international fora?

- As President Obama made clear when he spoke to this issue
in his press conference on April 19 at the conclusion of the
Summit of the Americas, and as the State Department statement
also underscores, ,
the United States is profoundly committed to ending racism
and racial discrimination. This abiding commitment to the
fight against racism and all forms of discrimination
arises from the most painful pages of our history, and the
most cherished values of our nation. We believe that
people of every color and creed are born free and equal in
dignity and rights and that equality and nondiscrimination
are fundamental principles of human rights law and
international humanitarian law.

- Since the U.S. delegation returned in February,
we have monitored the negotiations in Geneva closely, and
we made it clear that we were open to participating in a
Conference based upon an outcome document that met our
concerns. While significant improvements were made, the
text still reaffirms in toto the Durban Declaration and
Programme of Action (DDPA) from 2001, which the United

STATE 00039222 003 OF 004


States has long said it is unable to support. Its
inclusion in the review conference document has the same
effect as inserting that original text into the current
document and re-adopting it. The United States also has
serious concerns with relatively new additions to the text
regarding "incitement," that run counter to the U.S.
commitment to free speech.

- This decision in no way diminishes the U.S.
determination to fight against racism and bigotry at home
and abroad, and it in no way diminishes the U.S.
commitment to working together in all United Nations fora
and with all nations to combat bigotry and end
discrimination with our international partners and friends
to unite around a common vision of a world free of
discrimination. The United States remains fully committed
to upholding the human rights of all individuals and to
fighting racial discrimination of every form in every
context.

Q: You refer to the draft outcome document as not meeting
U.S. concerns. How? What are your concerns?

- After our delegation returned from Geneva in
February, we laid out a series of six clear concerns that
would have to be met for the U.S. government to consider
participating in any resultant Conference:


1. A Review Conference document that takes a
constructive approach to tackling the challenges of racism
and discrimination.

2. A shortened text.

3. A document that does not single out any one country
or conflict;

4. A document that does not reaffirm in toto the
flawed 2001 Durban Declaration and Programme of Action
(DDPA);

5. A document that does not embrace the troubling
concept of "defamation of religion"; and,

6. A document that does not go further than the
2001 DDPA on the issue of reparations for slavery.

Q: After the U.S. detailed its concerns in February, the
document improved substantially. All of the language on
the Middle East has been removed, which was your top
concern. Why are you still not participating?

- The United States is deeply grateful to the many
country delegations, including Russia as chair, and senior
United Nations officials, notably Secretary-General Ban
and UN High Commissioner for Human Rights Pillay, who have
worked steadfastly to improve the review conference
outcome document and to re-focus the Durban Review
Conference squarely on racism and discrimination. We
applaud the progress that has been made.

- However, the text still contains language that
reaffirms in toto the Durban Declaration and Programme of
Action (DDPA) from 2001, which the United States has long
said it is unable to support. Its inclusion in the review
conference document has the same effect as inserting that
original text into the current document and re-adopting
it. The DDPA singles out one particular conflict and
prejudges key issues that can only be resolved in
negotiations between the Israelis and Palestinians. The
United States also has
serious concerns with relatively new additions to the text
regarding "incitement," that run counter to the U.S.
commitment to unfettered free speech.

If Asked:

Q: The delegation that you sent in February engaged for
only a week. If the U.S. had engaged fully, you might
have achieved your concerns. Why didn't you formally
enter the negotiations?


STATE 00039222 004 OF 004


- The United States sent a distinguished and
experienced delegation to Geneva in February to explore
whether the preparatory negotiations for the Durban Review
Conference could be moved onto a productive track. After
their discussions in Geneva, and further discussions and
consultations with others in capitals and in Washington,
we stated that if our concerns were met in a subsequent
document, we would enter negotiations and participate in
the Conference.

- Since February, we have monitored closely the
developments in the negotiations in Geneva, and we
continually made it clear that we would enter the
negotiations and participate in a Conference if our
concerns were addressed. However, while significant
improvements were made to the text, the document never
fully met our concerns, so we did not join the
negotiations.

Q: Will the U.S. be represented in any manner at the
Conference?

- The U.S. Mission in Geneva will send a staff
member to the Conference as a notetaker.

END Q & A
CLINTON