(S)DEMARCHE TO CHINA CONCERNING TRANSFER OF

S E C R E T STATE 061326 SIPDIS E.O. 12958: DECL: 06/11/2019 TAGS: MOPS PGOV PHUM PREL PTER KAWC KISL KPAO CH PS SUBJECT: (S)DEMARCHE TO CHINA CONCERNING TRANSFER OF UIGHUR DETAINEES AT GUANTANAMO TO BERMUDA FOR RESETTLEMENT Classified by: EAP DAS John J. Norris for reasons 1.4(b) and (d). ¶1. (U) This is an action request. Embassy Beijing please see paras 5-6. ¶2. (S) The objectives of this demarche are to: -- Inform China of the U.S. decision to release four Uighur detainees at the Guantanamo Bay Detention Facility to Bermuda for resettlement. Explain that repatriation is not a viable option under our longstanding transfer policies. -- Express to China that the United States is well aware of China's security concerns pertaining to the Uighurs and will work with Bermuda to address those concerns. ¶3. (S) Background: The U.S. Government has engaged in long-running diplomatic efforts to find resettlement options for the 17 Uighurs detained at Guantanamo. In October 2008, following a determination by the U.S. Government that it would no longer treat these Uighurs as enemy combatants, a U.S. District Court ordered them released. As a result, the Uighurs were among the first detainees reviewed by the interagency Guantanamo Review Panel established pursuant to the President's January 22nd Executive Order directing a review of the appropriate disposition of each detainee in Guantanamo. On June 11, the Government of Bermuda announced its acceptance of four Uighur detainees for resettlement. ¶4. (S) China insists that the Uighurs, who are Chinese nationals, committed crimes and should be repatriated to China in order to be brought to justice. Chinese officials have expressed concerns about possible terrorist actions against China by the Uighurs if they are released, and claim that resettlement would violate relevant UN Security Council resolutions and international agreements. Humane treatment concerns have prevented the United States from repatriating the Uighurs in the past, and we have previously stated publicly, in court filings, and to members of Congress, that we will not return them to China. ¶5. (S) Action Request: Embassy Beijing is requested to approach appropriate interlocutors in the Ministry of Foreign Affairs at the highest appropriate level to inform them of the U.S. decision to release four Uighur detainees to Bermuda. ¶6. (S//REL CHINA) Begin talking points: -- On January 22, 2009 President Obama signed an executive order to close the Guantanamo Bay Detention Facility as soon as practicable and no later than one year from the date of the order. -- In preparation for closing Guantanamo, the U.S. Government has engaged in discussions with a number of foreign partners on resettlement options for many of the detainees. The Government of Bermuda has worked with us to effect the resettlement of four Uighur detainees in Bermuda. We will also renew our efforts to find other suitable countries in which to resettle remaining Uighur detainees. We will continue to be in communication with China as this situation develops and as information becomes available. -- The United States understands that the issue of the Chinese Uighur detainees at Guantanamo has been of significant concern to China, as has been made clear in numerous communications at the senior-levels of government. -- While the United States understands China's concerns, our longstanding transfer policy does not permit transfer of these individuals to China. This decision regarding the Uighur detainees was made at the highest levels of government and was not taken lightly. -- The United States has taken steps to ensure that the resettled Uighurs do not engage in terrorist activities or in any other activities that pose a threat to any individual's or country's security and will take additional steps if appropriate. -- We will also work toward this goal with other possible destination countries for the Uighur detainees. We will impress on them the critical importance of making sure that Chinese interests are protected. -- China is a valued counterterrorism partner, and the United States will work with the PRC on strengthening U.S.-China counterterrorism cooperation. -- In addition, we note that the UK did not have any knowledge of and did not participate, directly or indirectly, in the discussions between the U.S. and Bermuda, and was only apprised of the agreement after it had been reached. End talking points. ¶7. (S//REL CHINA) Below are additional points to use on an "if asked" basis: -- Q: What measures will the Government of Bermuda take to monitor the Uighurs following their resettlement? A: The United States understands China's concerns surrounding this sensitive issue. Before the transfer took place, the United States and Bermuda engaged in detailed discussions about post- transfer security measures, travel restrictions, and other arrangements and assurances related to the resettlement of Uighur detainees in Bermuda. These discussions resulted in a transfer agreement that the United States believes mitigates the risk of future threat to U.S. interests and, in fact, Chinese interests. The United States does not discuss the details of our confidential discussions with a foreign government. Specific questions on security-related matters should be addressed to the Government of Bermuda, which now has responsibility for the four Uighurs. -- Q: What legal status will the detainees have once they have been resettled? A: The United States is not the arbiter of the legal status of the detainees now that they have passed out of our custody and control. -- Q: What will happen to the remaining Chinese citizens currently detained at Guantanamo? A: The remaining Uighur detainees are the subject of ongoing negotiations with foreign partners. We are not in a position to prejudge the outcome of these processes. -- Q: The United States continues to detain individuals at Guantanamo and yet refuses to repatriate the Uighurs to China. How can the United States explain this double standard in its counterterrorism policies? A: The United States does not employ a double standard on counterterrorism. The United States opposes terrorism in all its forms and is committed to strengthening U.S.- China counterterrorism cooperation. ¶8. (U) Please contact EAP/CM's Phil Autry with any questions or follow-up issues on this subject (202-647-6774 - autrypg@state.sgov.gov),and slug any reporting on this issue for EAP/CM, S/GC, and S/WCI. CLINTON