OSCE HUMAN DIMENSION MEETING DEMARCHE

UNCLAS SECTION 01 OF 17 STATE 078227 SENSITIVE SIPDIS VILNIUS FOR MINSK C O R R E C T E D C O P Y - SENSITIVE CAPTION ADDED E.O. 12958: N/A TAGS: PREL PHUM KDEM OSCE SUBJECT: OSCE HUMAN DIMENSION MEETING DEMARCHE REF: STATE 59944 STATE 00078227 001.2 OF 017 ¶1. (SBU) Summary and Action Request: The OSCE will conduct its annual Human Dimension Implementation Meeting (HDIM) from September 28 through October 9 in Warsaw. Based in part on embassies' input (reftel),which the Department appreciates, this demarche conveys USG views on host government human rights and democracy performance, with the goal of spurring action in these areas prior to the HDIM. Action addressees are requested to deliver this demarche by July 31, to allow time for host government action on our concerns prior to the HDIM. See para 5 for general points; post-specific points in paras 6-22. Embassy Minsk may deliver this demarche at its discretion. End summary. -------------- Objective -------------- ¶2. (SBU) To convey USG concerns about human rights and democratic performance and to use the prospect of specific USG criticism and praise at the HDIM to leverage action on human rights priorities. -------------- Background -------------- ¶3. (SBU) The annual OSCE HDIM meeting is a useful stock taking of countries' progress, or lack thereof, in implementing their commitments to respect human rights and basic freedoms - including democratic elections and freedom of the press ) undertaken in the context of several OSCE agreements Although the agenda for this year's HDIM is still being finalized, we expect that human rights education and the situation of the Roma/Sinti will be key topics this year. ¶4. (SBU) As with past HDIM meetings, the USG delegation will be prepared to present a fact-based assessment of OSCE participating States' progress towards meeting their OSCE commitments, citing both positive and negative developments as warranted. To enhance the USG dialogue with OSCE members on these issues, the Department requests that action addressees engage with host governments on USG goals for the upcoming Warsaw meeting. In particular, the Department would like to urge some of our OSCE partners to take specific steps in the weeks before the HDIM conference to show their commitment to working towards the OSCE standards. The USG delegation will be prepared to recognize positive steps that countries have taken, allowing us, where warranted, to praise as well as raise concerns. -------------- Talking Points -------------- ¶5. (SBU) Addressees may wish to draw on the following general talking points: - The USG is preparing for the September 28 to October 9 OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw. - We take this event very seriously, and believe it can provide a useful opportunity for all OSCE participating States to assess progress towards the commitments undertaken STATE 00078227 002.2 OF 017 as OSCE members to guarantee human rights and fundamental freedoms. - We hope that your government will be well-represented at the conference and prepared to engage in a detailed dialogue. - The U.S. delegation to the conference will be prepared to make a fact-based assessment of how the U.S. views the progress towards these shared commitments that all of our OSCE partners, including your government, have made. We will note positive developments, where warranted, as well as raise any concerns we have. - As the annual HDIM is the primary OSCE forum for discussion of all participating States' implementation of their OSCE commitments on human rights, we expect there to be discussion of U.S. implementation as well. We welcome this process, and are undertaking this demarche in the OSCE spirit of mutual dialogue on important issues. - We would like to share with you some of the concerns that we are likely to raise at the HDIM, as well as areas where we see progress. - The U.S. would be pleased to publicly acknowledge other areas of progress at the HDIM should your government take action to address these concerns prior to the HDIM. - The U.S. delegation traditionally is led by a distinguished senior official in recognition of the importance we place on the HDIM. This year, Dr. Michael Haltzel, a distinguished academic and former foreign policy advisor to then-Senator Biden, has agreed to serve as the head of delegation. Dr. Haltzel has extensive direct experience with the OSCE, including serving as a public member of previous U.S. delegations to OSCE events. -------------- ANKARA -------------- ¶6. (SBU) For Embassy Ankara: -- While the Turkish Government has made progress in recognizing the property rights of religious communities in its amended foundations law, we urge the GOT to continue working towards ending government and legal obstacles so that all religious groups in Turkey can legally open and operate recognized houses of worship. -- Specifically, many minority religious groups face difficulties in establishing and maintaining places of worship and institutions for religious education and instruction. In addition, the children of these religious minority groups who attend public schools are not exempt from compulsory religious instruction of the religion practiced by the majority. -- We urge the Turkish Government to take the actions necessary to allow the opening of the Theological School at Halki, which has been closed since 1971. -- Another concrete step your government could take would be to ensure implementation of 2006 law that permits citizens to change religious affiliation or not specify a religious affiliation on their ID cards. This may require disciplining officials who ignore the 2006 law and harass citizens seeking these changes. -- While welcoming 2008 amendments to Article 301 that reduced criminalization of speech, we remain concerned over STATE 00078227 003.2 OF 017 prosecutions of journalists, academics, politicians, and civic activists for exercising their right to speak or write freely. We urge the Turkish government to expand freedom of expression and reduce ideologically-motivated prosecutions of speech. -- We encourage continued actions that strengthen the protection of human rights for Turkey,s Kurdish citizens, including by strengthening linguistic and cultural rights, expanding freedom of expression, and reducing instances of abuse by security forces. -- We urge the Turkish government to ensure that exploitative child labor in agricultural and other sectors is eliminated. -- We are very grateful for the assistance Turkish authorities provided over the past twelve months to facilitate the timely resettlement to the United States of 2100 Iraq refugees who had sought temporary asylum in Turkey. At the same time, we are concerned that Turkey's laws still require exit permission before refugees*-for whom there is no durable residency solution in Turkey--are allowed to depart Turkey for resettlement in third countries. While refugees can apply for a &humanitarian waiver,8 it is not consistently applied and as a result, they are forced to pay up to thousands of dollars before being allowed to exit the country. We also encourage the GOT to alter regulations that require refugees to get special permission from police before they can travel outside the provincial towns to which they are assigned for temporary residence. -- We will continue to monitor closely the trials in Turkey regarding the murder of Armenian Turk Hrant Dink and the Christians murdered in Malatya in 2007. -------------- Ashgabat -------------- ¶7. (SBU) Points for Embassy Ashgabat: -- For many years your government has chosen not to send a delegation to the HDIM. We urge you to reverse that practice. Sending a delegation would be a strong sign of Turkmenistan's intention to enhance its dialogue and engagement with the international community. This sort of dialogue and exchange of views brings benefits to all of us. -- We welcome the removal of most formal restrictions on freedom of movement. Despite this, de facto restrictions on freedom of movement remain in place for many Turkmen citizens, for example, family members of independent journalists. We urge you to remove these restrictions in their entirety. -- OSCE commitments call for a pluralistic media environment with independent media. We urge that your government take steps to allow independent media to be established. In addition, we urge that you end harassment of journalists who work for international organizations, including RFE/RL and the Institute for War and Peace Reporting. -- NGOs have an important role to play in the democratic development of any society. We welcome your plans to revise the Law on Public Associations and urge timely completion of that work. In particular, we would urge a liberalization of the requirements for NGOs to register. -- We urge you to reform your electoral legislation and to develop regulations to provide a procedure for the establishment of alternative political parties. We welcome the fact that your legislation already allows independent STATE 00078227 004.2 OF 017 candidates to run for office, but urge you to take steps to ensure that they are allowed to do so in practice. -- We urge you to allow the International Committee of the Red Cross (ICRC) access to your prisons. -- We are pleased that you plan to revise the Law on Religion and urge timely completion of that work. As part of that process, we encourage consultations with representatives of all religious groups in order to take into account their needs and concerns. The final text of the law should incorporate recommendations by international experts, such as the OSCE ODIHR, to insure conformity with international standards and commitments in these areas. -- This process is an opportunity to clarify the registration requirements for religious organizations and register groups that meet the requirements. A useful step that you could take prior to the HDIM would be to register several religious groups whose applications have been pending, including: Svet Zhizni (Light of Life) and Iman Yoly (Path of Faith) Turkmen Baptist Church. -- We all have made commitments within the OSCE framework to consider alternative service for conscientious objectors. We urge you to create alternative service for conscientious objectors, as well as to release any conscientious objectors currently in prison, including the two Jehovah's Witnesses sentenced to prison in May and June 2009 for refusing obligatory military service based on their religious beliefs. -- A useful step that you could take prior to the HDIM would be to register three NGOs which have been trying to register for some time: the Fulbright Alumni Association, Yelken, and Turan Mugallym. -------------- Astana -------------- ¶8. (SBU) Points for Embassy Astana: -- The United States notes the importance of this HDIM, the last before Kazakhstan assumes the OSCE Chairmanship-in-Office, as an opportunity for Kazakhstan to show leadership by setting a positive example of progress on human dimension issues. -- The package of legislation Kazakhstan adopted to implement the commitments it made at the Madrid OSCE ministerial was a step in the right direction. Much more remains to be done, however, to bring Kazakhstan,s legislation and practice into line with the standards set by its OSCE commitments. -- One specific democratic reform we recommend is the establishment of independent election commissions composed of representatives of all political parties. -- The United States also will be carefully monitoring implementation of the commitments Kazakhstan made regarding the independence and mandate of the Office of Democratic Institutions and Human Rights (ODIHR),on NGO access to OSCE events, and on the reappointment of the three personal representatives of the Chairmanship on tolerance. -- We urge Kazakhstan to decriminalize libel fully and to ensure that civil libel judgments are not so punitive as to force the closure of media outlets. -- We were disappointed by the passage into law of the new STATE 00078227 005.2 OF 017 Internet Law. The new law does not meet Kazakhstan,s OSCE commitments to freedom of expression, and its adoption is a severe blow to freedom of expression in Kazakhstan and to Kazakhstan's international image. -- The media have an important role to play in exposing corruption. The trial of the editor of "Alma-Ata Info" newspaper, Ramazan Yesergepov, therefore, is having a troubling effect on freedom of expression in Kazakhstan. -- Kazakhstan can be proud of its tradition of interethnic and interfaith tolerance. One area where Kazakhstan could take additional steps to build on this record is in the acceptance of newer and non-traditional religious groups. -- We were troubled by the case of Elizaveta Drencheva, a Unification Church member and Russian citizen, who was found guilty in January 2009 by an Almaty district court on charges of "instilling a sense of inferiority in citizens based on their tribal association" and sentenced to two years in jail. -- The Drencheva case is of concern because it was based on the religious content of several lectures she gave in which she articulated the Unification Church's teachings. Absent incitement to violence, governments have no standing to judge the teachings of a church, and doing so is inconsistent with Drencheva's freedom of belief. -- In addition, two Church of Scientology branches are currently under investigation on allegations they have illegally engaged in business activities. Some "non-traditional" religious groups, including evangelical Protestants and Ahmadi Muslims, have reported that KNB agents attend their religious gatherings and sometimes tape the proceedings. -- The problems encountered by these "non-traditional" groups are inconsistent with Kazakhstan's tradition of religious tolerance. -- We urge the Kazakh government to ensure that exploitative child labor in the cotton and tobacco sectors is eliminated. -------------- ATHENS -------------- ¶9. (SBU) Points for Embassy Athens: -- The United States deeply values the effective work of the Greek OSCE chairmanship. We particularly applaud the principled approach you have taken to the negotiations on the Georgia Mission mandate and the launch of the Corfu process. -- We would like to urge a similarly principled approach to the management of the HDIM, particularly on the issue of NGO access to the event. The standard is clear -- only groups that advocate violence in the judgment of the CiO, not of other participating States -- are not allowed to participate. -- As we have in the past, we also would like to raise the situation of the Roma in Greece. -- We welcome the recent steps your government has taken to address their circumstances, but much more remains to be done. We urge your government to make equal access to provision of public services a priority of your human rights agenda. -- We would like to raise as well the issue of ethnic minorities in Greece. STATE 00078227 006.2 OF 017 -- In this context, we welcome your ongoing effort to write off the tax debts of the WAKFS (charitable religious organizations). -- We know your longstanding interpretation of the 1923 Lausanne Treaty with regard to the question of national minorities. -- The practical effect of this interpretation has been legal restrictions on the names of associations involving certain groups. -- This has placed Greece at odds with the European Court for Human Rights on several occasions. -- We urge you to find an approach to this issue that will provide redress to the Greek citizens who identify themselves as Turks, Pomaks, Vlachs, Roma, Arvanites, or Macedonians, among others. -------------- BAKU -------------- ¶10. (SBU) For Embassy Baku: -- NGOs are an important contributing factor in democratic development and an integral part of every modern democratic society. Therefore, we are concerned about the recent arrest and detention of NGO leaders Emin Milli and Adnan Hajizadeh. They were beaten and detained, while their assailants were released. We urge the GOAJ to release Milli and Hajizadeh pending trial. We also ask that the Government of Azerbaijan exercise due process in this case and respect the rights of individuals. -- (As appropriate) We urge the GOAJ to seek input from the Venice Commission of the Council of Europe and the Office of Democratic Institutions and Human Rights of the OSCE before the President signs into law the recent amendments to the law on NGOs. -- We continue to be concerned about the poor environment for media in Azerbaijan, particularly incidents of violence against journalists. We encourage your government to send a strong signal of its commitment to media freedom, for example by issuing a strong statement that violence against journalists will not be tolerated. We also encourage your government to investigate and prosecute those responsible for such violence. -- We applaud the release of imprisoned journalist MirzaZahidov, and call upon your government to release other imprisoned journalists, including Eynulla Fatullayev and Ganimat Zahidov. We also applaud recent statements from the presidential administration regarding the non-use of criminal courts for libel cases, and the instant reversal of two journalists, convictions under the libel laws this spring. We encourage your government to remove these criminal-libel statutes from your criminal code. -- We urge the GOAJ to seek input from the Venice Commission of the Council of Europe and the Office of Democratic Institutions and Human Rights of the OSCE before the President signs the amended law on the media. We also urge the GOAJ to consult with these two institutions if it is considering drafting legislation to regulate the internet. -- Freedom of assembly is also an important component to the development of democracy. We remain concerned about the restrictive implementation of Azerbaijan's law on freedom of assembly, and urge your government to allow peaceful STATE 00078227 007.2 OF 017 demonstrations to occur in central Baku and elsewhere in the country. -- Azerbaijan's late 2009 municipal elections offer an important opportunity for your government to showcase its commitment to grassroots democracy. We urge that these elections be conducted in a fair and transparent manner, and that your government will continue to improve the Election Code, based on the recommendations made by the OSCE Office of Democratic Institutions and Human Rights and the Venice Commission of the Council of Europe. -- We also continue to be concerned about religious freedom in Azerbaijan. Recent amendments to the Law on Religious Freedom may prevent some religious groups from practicing freely. We urge your government to seek input from the Venice Commission of the Council of Europe and the Office of Democratic Institutions and Human Rights of the OSCE before the President signs the amended law. We also encourage your government to conduct the registration process for all religious groups in a transparent and balanced manner. -- We urge you to work with the Council of Europe to resolve several alleged cases of imprisonment on political grounds. -------------- BELGRADE -------------- ¶11. (SBU) Points for Embassy Belgrade: -- We welcome the greater coordination of law enforcement agencies seeking war crimes suspects Ratko Mladic and Goran Hadzic and urge continued efforts to apprehend the remaining indictees. -- We are pleased at the creation of the ministerial-level Anti-Trafficking Council. We welcome increased funding for protection of victims. We urge that you now intensify efforts on the prosecution, conviction and punishment of trafficking offenders and to develop and implement a formal identification and referral mechanism for potential trafficking victims. -- The December 2008 package of judicial reforms was a very useful step towards improving the efficiency of the judicial system and enhancing judicial independence. We urge expeditious implementation of these new provisions, in particular completing the reappointment of judges. -- We welcome recent progress in addressing corruption and organized crime, not only high-profile arrests, but also the adoption of the asset seizure law and the law establishing a new anticorruption agency. We urge that the process of creating the agency be accomplished as soon as possible and that it be given sufficient resources to be effective. -- The United States remains concerned that the 2006 Religion Law's restrictive recognition of only seven "traditional" churches remains in force. We urge Serbia to amend its provisions or adopt a new law. -- We urge adoption of the Model Law on Legal Subjectivity (Law on the Procedure for Recognition of Persons without Identity Documents) to streamline procedures and allow stateless individuals access to rights guaranteed by the Constitution, including access to education, employment, and health care. We are concerned that statelessness disproportionately affects the Roma, Ashkali, and Egyptian (RAE) population. -- We urge you to work for durable solutions for the STATE 00078227 008.2 OF 017 approximately 100,000 refugees and 200,000 internally displaced persons in Serbia. -------------- BISHKEK -------------- ¶12. (SBU) Points for Embassy Bishkek: -- We look forward to discussing the final report from the OSCE observer mission to the July Presidential elections at the HDIM. -- The United States has been extremely disappointed in the increased restrictions being placed on Kyrgyz society. The recent amendments to the religion law and public assembly laws were steps away from the democratic path. We urge that your government reconsider these measures. -- We likewise are troubled by the restrictive draft NGO law. NGOs play a vital role in any functioning democracy; they can be partners in providing social services and they promote transparency and defend human rights, to name but a few of their potential functions. For them to be effective however, they need the space to operate, free from burdensome restrictions. Given the draft law's inconsistency with your OSCE commitments, we urge that your government not adopt it. --We were disappointed at the passage of the restrictive law on religion, which makes it difficult for small religious groups to function or develop, and did not take into account the concerns expressed by nongovernmental organizations, religious groups or the OSCE. -- My government also is deeply concerned by recent incidents of harassment and violence directed against journalists. We urge prompt effective investigations and that those responsible be held accountable. -- One practical step that your government could take in the near term would be to allow Radio Free Europe/Radio Liberty to broadcast on the Kyrgyz public television and radio network. -- We urge the Kyrgyz government to ensure that exploitative child labor in the cotton, tobacco, and other sectors is eliminated. -------------- BRATISLAVA -------------- ¶13. (SBU): For Embassy Bratislava -- The United States places great value in its relationship with Slovakia, a trusted NATO ally and partner. We view our friendship as a strong foundation on which to have a dialogue on the commitments we have made to each other within the OSCE framework. However we are becoming concerned that corruption and allegations of misuse of law are beginning to have a negative effect on the rule of law. We are prepared bilaterally or through the OSCE to assist Slovakia in addressing these issues through appropriate reforms. -- Recent incidents reflect the continued vulnerability of Slovakia's Roma minority. Discrimination against the Roma remains widespread, particularly in education and employment practices. Violence against the Roma is on the rise. The physical and psychological assault on six Roma minors by policemen in Kosice is a poignant example that highlights the urgent need for Slovakia to bolster human rights training for all police officers. We would urge Slovakia to implement STATE 00078227 009.2 OF 017 through the OSCE our mutual commitments to eliminate discrimination against minorities and require that law enforcement personnel do not use excessive force or other measures. -- The United States is also concerned by reports that suggest increasing intimidation of the media. The restrictive press law and punitive libel awards to politicians and other public figures have a chilling effect on freedom of expression in Slovakia. We urge Slovakia to work with the OSCE Freedom of Media Representative to ensure the letter and implementation of the press and libel laws are in line with OSCE commitments. -------------- CHISINAU -------------- ¶14. (SBU) Points for Embassy Chisinau: -- The April 2009 elections and subsequent violence highlighted a series of shortcomings with Moldova's current electoral legislation and its implementation. The July 29 elections are an opportunity for the Government of Moldova to demonstrate its commitment to democracy and human rights. We urge you to address the shortcomings of the April 5 vote identified by the OSCE observation report and to fully implement the recommendations for reform that this report highlighted. -- An important immediate step you could take would be to ensure that authorities do not harass the opposition or students, and fully respect your OSCE commitments to the freedoms of assembly and expression in the electoral campaign. -- We remain concerned about the importance of accurate voter lists, access to the media by opposition candidates, and harassment of members of civil society. Initial efforts to improve the voter lists and improve media access appear promising, but more can be done. -- We urge the Moldovan government to ensure that exploitative child labor in agricultural and other sectors is eliminated. -- We also urge the GOM to register IRI and NDI immediately. Both organizations are working to strengthen democracy in Moldova, not a particular party. The registration of these organizations would represent a simple measure your government could take to show its continued commitment to a democratic and free Moldova. -------------- DUSHANBE -------------- ¶15. (SBU) Points for Embassy Dushanbe: -- The recently enacted "law on freedom of conscience and religious associations" is inconsistent with your OSCE commitments. It places extensive restrictions on religious practice, and favors one type of Islamic practice (Hanafi) over others. -- We note with concern that since the enactment of the law, there has been an increase in arrests and harassment of members of minority religious groups, including Jehovah's Witnesses and followers of Salafism. -- We believe these actions will only force religious practice underground, and may result in radicalization of STATE 00078227 010.2 OF 017 members of religious minorities. We urge that you take immediate action to repeal this restrictive law and draft one consistent with your OSCE commitments. -- We urge Tajikistan to adopt reforms to the election law in line with recommendations from the OSCE and from IFES. Action is needed soon to allow time to implement the changes prior to the 2010 parliamentary elections. -- We are encouraged by the President's recent appointment of a Human Rights Ombudsman. We urge that the office be given the resources and political independence it needs to be an effective tool to fight human rights abuses. -- The United States is deeply troubled by ongoing instances of torture, most recently the beating death of Khurshed Bobokalonov by the police. Tajikistan must set an example by investigating this incident, and punishing those who killed Bobokalonov. -- We urge that you to allow the International Committee of the Red Cross and Red Crescent to conduct prison monitoring. -- We urge you to appoint a new Chairman of the Interministerial Commission on Trafficking in Persons and to devote resources to educating Tajiks about the dangers of trafficking. -- Most importantly, Tajikistan must demonstrate its seriousness by investigating, prosecuting, and convicting those engaged in trafficking in persons, including officials who force students and others to pick cotton, and security officials who have allegedly raped and abused victims of trafficking. -- Corruption undermines public faith in government and in the value of democratic political participation. It deters investment and has caused immense damage to the educational and health systems. We urge Tajikistan to start to attack this scourge by improving transparency at all levels of government. -- We urge the Tajik government to ensure that exploitative child labor in cotton and other sectors is eliminated. -------------- MINSK -------------- ¶16. (SBU) Points for Embassy Minsk: -- We note that your government has taken some positive steps such as allowing limited distribution of two independent newspapers through state networks, registering the &For Freedom8 movement, and creating a public council to engage civil society. However, the fundamental situation for human rights in Belarus remains unchanged. -- Many independent papers remain outside of state networks. Many organizations remain unregistered. And independent activists and organizations continue to face harassment from authorities. -- We urge your government to take additional positive steps on human rights. This will allow for a more robust relationship between the United States and Belarus. -------------- MOSCOW -------------- ¶17. (SBU) Points for Embassy Moscow: STATE 00078227 011.2 OF 017 -- The U.S. would like to build on the success of the recent Summit and on the positive tone in last year's HDIM to hold a productive dialogue on human rights issues at this year's meeting. -- There are some troubling trends across the region on these human dimension issues. Your government has highlighted in public statements the need to address many of these problems and has launched many positive initiatives to address problem areas in Russia. Challenges and obstacles remain for Russia in its fulfillment of human dimension commitments. -- We welcome signs that President Medvedev recognizes the important role that civil society, establishing the rule of law, combating corruption and building an independent and effective judiciary play in supporting a successful nation and we look forward to seeing these efforts succeed and be complemented by the advancement of democratic institutions. -- In this context, a free and vibrant civil society and press are integral components to rule of law and countering corruption, and we note statements by President Medvedev that Russia will seek to meet its OSCE commitments in this regard. -- It is important both in protecting the fundamental freedom of speech and in building respect for rule of law to resolve fully the many cases of violent crimes against media workers. We cannot emphasize enough the importance of effective, transparent investigations and prosecutions and due process in the cases of murdered journalists Natalya Estemirova, Paul Klebnikov, Anna Politkovskaya, and the double-murder of Anastasia Baburova and lawyer Stanislav Markelov. We cannot allow such n violence against journalists to go unpunished. -- Also in the context of strengthening rule of law and promoting stability, we urge that your government strengthen protection and promotion of human rights and rule of law in the North Caucasus. -- Along with the press, NGOs also have an important role to play in building respect for the rule of law and promoting transparency. There are a large number of NGOs that continue their activities throughout Russia despite harassment, occasional intimidation, and restrictions. We urge that you promote civil society organizations by allowing them to operate freely, reducing bureaucratic restrictions and widening the political space. While the recent changes to the NGO law are an important step, we hope that this will lead to tackling some of the other difficult issues facing NGOs. -- In addition, many peaceful, non-violent NGOs have been subjected to accusations of extremist activities; this broad application of anti-extremism laws can only hinder the important and useful work that such NGOs are doing in Russia. -- We share the Russian Government's concern about hate crimes and xenophobia. We have seen such crimes increase in several countries, and realize that this is an issue of serious concern in Russia, where there has been a significant increase in 2009 in ethnically motivated attacks. -- We welcomed President Medvedev's public condemnation of xenophobia last year and the efforts of other government figures to draw attention to the issue. -- It's important that law enforcement organs prosecute these crimes. But we believe more could also be done to address the underlying intolerance that motivates such crimes and improve the capacity of the criminal justice system in this regard. STATE 00078227 012.2 OF 017 -- Many NGOs have done useful work in promoting tolerance and documenting hate crimes, and we urge your government to work with them. In addition, my government stands ready to work with Russia both bilaterally and through the OSCE to address this challenge. -- We urge Russia to move forward with plans to build a multiparty system that allows for a diversity of views and opposition voices to be heard, as they too often are muffled by practical restrictions on the freedom of assembly and on freedom of expression. and one practical step you could take is to ease excessively burdensome legislative registration requirements. -- Religious freedom is also an important issue to OSCE participating States. We note Russia's efforts in recent years to maintain a multi-religious society and ensure religious freedom but are concerned about difficulties some religious minorities face with regard to unequal treatment compared to "traditional" religious denominations, impediments to legal registration, the misuse of anti-extremism laws, and the failure to return property confiscated from religious groups. -- We also note that Russia has an obligation under International Humanitarian Law to ensure the protection of the civilian population in those areas of Georgia that it occupies. There are reports of gang activity, banditry and kidnappings, among other crimes and human rights abuses, but due to Russia's veto of the UNOMIG Mandate and failure to join consensus on the OSCE Mission Mandate, these accusations can not be investigated by credible international bodies. -- We call on your government to facilitate humanitarian access to these areas, in keeping with both International Humanitarian Law and the August 12 and September 9 cease fire agreements. -- We also urge the government of Russia to raise awareness of the commercial sexual exploitation of children and to work to enhance law enforcement,s capacity to fight this worst form of child labor. -------------- PRAGUE -------------- ¶18. (SBU) Points for Embassy Prague: -- The United States places great value in its relationship with the Czech Republic, a trusted NATO ally and partner. We view our friendship as a strong foundation on which to have a dialogue on the commitments we have made to each other within the OSCE framework. -- We appreciate the Czech Republic's strong commitment to democracy and human rights, and its willingness to speak up in support of these principles in many international fora. The Czech Republic continues to be a wonderful host for Radio Free Europe/Radio Liberty and its mission of providing uncensored and objective reporting in areas where such reporting has been lacking. -- We are encouraged by the Ministry of Interior efforts to fight extremism, but continue to be concerned by the situation of the Roma in the Czech Republic. We welcome final adoption of the anti-discrimination law, and look to its full implementation as a tool for enforcement of the rights of Roma individuals. The establishment of the Agency for Social Exclusion of Roma Communities to combat Roma exclusion is also an important step. We would urge you to continue to investigate vigorously incidents such as the STATE 00078227 013.2 OF 017 April firebomb attack in northern Moravia, which seriously burned a two-year old girl, and hold the perpetrators accountable. -- Promotion of tolerance and education about the violence Roma have too often faced is an important step. In that context we welcome calls for the creation of a memorial to the Roma Holocaust on the site of a Nazi-era concentration camp. -- The issue of early childhood education for Roma will be a special topic at this year's HDIM. We note the World Bank October 2008 study and a January 2009 study commissioned by the Education Minister, which recommended specific educational reforms including targeted assistance in areas such as preparatory classes and teachers' assistants. We urge you to move forward with those initiatives. -- Housing continues to be a significant challenge for the Roma. We note the 2008 study entitled "Social Exclusion of Roma and Czech Society," by the Gabal Analytical and Consulting Agency (GAC),which recommended that your government issue a declaration which would be agreed to by all public bodies stating that social exclusion is a serious issue confronting Czech society. We urge you to take this step. -------------- SKOPJE -------------- ¶19. (SBU) Points for Embassy Skopje: -- The United States was encouraged by the improvements in the conduct of the March/April 2009 Parliamentary elections, following the violence and irregularities that marred the June 2008 elections. We were particularly pleased by the effort made to implement the OSCE/ODIHR's 28 recommendations. -- We urge that the SEC build on this progress by taking steps to assure the accuracy of the voter list. We urge that the reports of voter intimidation in the March/April elections be thoroughly investigated and the perpetrators held responsible. Doing so will help build a more positive climate for the next elections. -- The United States welcomes the considerable progress Macedonia has made on the issue of Trafficking in Persons, including commendable efforts in identifying and protecting victims of trafficking, prosecuting traffickers, and preventing trafficking. --We urge your continued hard work in these areas. -- We note Macedonia's general respect for religious freedom but urge that you implement effectively the registration portion of the 2007 legal status law. The process introduced by the Skopje Court in charge of registration has been problematic, leading to delays and confusion about standards. Failure to implement the law severely hinders new registrants' ability to acquire legal standing. -- The United States is concerned by serious allegations of pressure from some authorities against media outlets because of critical reporting. This kind of pressure, coupled with libel and defamation lawsuits, can have a chilling effect on the media's ability to report freely. We urge Macedonia to promote freedom of expression, including for the media, in line with its OSCE commitments. -- We applaud the measures your government intends to take to enhance judicial transparency, including prompt publication STATE 00078227 014.2 OF 017 of court decisions, the planned publication on the Internet of court proceedings, the planned opening of the Judicial Council and Prosecutors Council meetings to the press and public, and defense attorneys' unfettered access to clients in pre-trial detention. Once implemented, these will all be significant steps forward for Macedonia's judicial process and adherence to OSCE commitments. -------------- SOFIA -------------- ¶20. (SBU) Points for Embassy Sofia: -- The United States places great value in its relationship with Bulgaria, a trusted NATO ally and partner. We view our friendship as a strong foundation on which to have a dialogue on the commitments we have made to each other within the OSCE framework. -- The United States is concerned by what appears to be a deteriorating environment for freedom of expression by the media. There are serious reports of intimidation of journalists and increased political influence over the media. -- One step your government could take to help combat the politicization of the media would be to make political financing more transparent. In addition, authorities should aggressively investigate intimidation and physical attacks on journalists and prosecute perpetrators. -- We urge that your government make improving the judiciary a priority. This requires stronger disciplining of judges, enforcing the new Code of Ethics and the amending of the criminal procedures code. -- The OSCE election observation report noted credible reports of widespread vote buy and voter manipulation. To ensure the legitimacy of elections, vote buying must be combated more vigorously. We urge the strengthening of current penalties. We also urge you to work with the OSCE's ODIHR on ways to strengthen the electoral laws and strengthened to prevent abuses such as gerrymandering, unclear campaign financing and spending, and allowing indicted criminals to run for office. -------------- TASHKENT -------------- ¶21. (SBU) Points for Embassy Tashkent: -- We commend the government of Uzbekistan for taking certain steps to improve human rights in 2009, including: signing an Annual Work Plan with UNICEF addressing the elimination of child labor, passing criminal code amendments that will strengthen penalties against human traffickers; constructing a shelter for TIP victims that is expected to open in the next few months, and adopting several new laws strengthening the rights of criminal defendants, including the habeas corpus law. -- We urge the government to continue its progress in several areas. First, we urge the government to move expeditiously to extend last year's ICRC program that allowed observers into Uzbekistan prisons, and to expand the program to also allow access to pre-trial detention facilities run by the National Security Service. Second, we encourage the government to allow international monitors to conduct an objective assessment of the use of child labor during the fall cotton harvest. An objective assessment would provide reliable information about the true scope of the problem -- something STATE 00078227 015.2 OF 017 that has been hotly disputed for several years. Finally, we urge the government to broaden its prisoner amnesty program in order to release individuals who are being held in custody for their political or religious views. -- We also express our concern over some negative steps on human rights in 2009. Two U.S.-based NGOs were registered in 2008, which was a positive first step in allowing the return of NGOs and media that were forced to depart the country after the 2005 Andijon events. However, the government since then has showed few signs of liberalizing its restrictions on NGOs or their activities. We encourage the government to move forward in this area, and a good step would be to work more closely with the International Organization for Migration (IOM),which currently operates in Uzbekistan through a local, sponsoring NGO. We also encourage the government to reconsider the registration and testing requirements imposed on the legal defense bar this year, which so far appear to be overly subjective and open to abuse as a vehicle to control or even suspend the activities of certain defense lawyers. Likewise, we strongly urge the government to ensure the independence of the Chamber of Lawyers. --We are deeply concerned about prosecutions of journalists and human rights activists, and urge the government to ensure they are well treated and receive due process. --Finally, we further urge the government to take steps to allow religious groups in the country to practice more freely regardless of their size or location. --We are very concerned about the arrests this year of at least 37 individuals ) including a FLEX program alumnus who studied in Connecticut ) on extremism charges based on their alleged membership in Nur, a movement associated with Turkish Islamic scholar Fethullah Gulen. -- We also would like to affirm our willingness to continue to cooperate with Uzbekistan on human rights programs, which in the past have included such things as training for law enforcement officers, legal exchanges, and participation in conferences in areas like habeas corpus. Future programs could be expanded into new fields, as well, including the rights of women and the disabled. We recognize that the Government of Uzbekistan seeks to meet international standards, and we look forward to facilitating this process by providing assistance on human rights-related projects. -- The United States government is concerned by the poor environment for independent media in Uzbekistan and urges the Government to allow independent media to function freely. Where journalists and human rights activists are arrested, Uzbekistan has an obligation to ensure it follows due process in prosecution of journalists and human rights activists. -------------- TBILISI -------------- ¶22. (SBU) Points for Embassy Tbilisi: -- The United States values its partnership with Georgia, and believes our friendship and the U.S.-Georgia Charter are solid bases for dialogue on our mutual OSCE commitments. -- We are concerned by the polarization in Georgia politics. We welcome the restrained reaction of the police and security forces to the ongoing demonstrations. We urge you to take further measures to build confidence and decrease polarization, particularly with the non-parliamentary opposition. This should include an end to violence against opposition figures, accountability for the violence that has STATE 00078227 016.2 OF 017 occurred, responsible law enforcement if opposition activists break the law, and increased respect for political pluralism. -- The Parliament and Judiciary have key roles to play in a democracy, and we urge their strengthening through an inclusive, transparent constitutional reform process. -- We encourage your government to continue pressing for Parliamentary approval of the Criminal Procedure Code, a reform which would help enhance the rule of law in Georgia. -- The United States urges steps to increase the transparency of media ownership. We also urge an end to government editorial control, direct or indirect, over the news. -- We encourage respect for freedom of association, including the freedom to form and join labor unions, and for such unions to be free to exercise the right of collective bargaining. -- We encourage your government to return the Armenian Orthodox churches now in dispute with the Georgian Orthodox Church to their Armenian-Georgian congregations. -------------- WARSAW -------------- ¶23. (SBU) Points for Embassy Warsaw: -- The United States greatly values its relationship with Slovakia, a valued NATO ally and partner. We view our friendship as a strong basis on which to have a dialogue on the commitments we have made to each other within the OSCE framework. -- We welcome the principled stands that Poland takes on human rights issues in international fora. We thank Poland also for hosting the annual HDIM and the OSCE Office of Democratic Institutions and Human Rights (ODIHR) headquarters in Warsaw. -- We applaud Poland's Constitutional Court decision to strike down a penal code provision criminalizing criticism of the "Polish nation." -- We urge the abolishment of criminal libel and defamation, in line with the recommendations of the OSCE Representative on Freedom of the Media. The Representative also has expressed concern that the new media law fails to protect the editorial independence of public service media. -- The United States welcomes the priority that Poland has given to combating trafficking in persons and the recent steps taken to expand its victim assistance program. We encourage the Government to increase training for judges and prosecutors in order to improve prosecution efforts and strengthen sentences of traffickers. -- The United States remains concerned about the problems of ensuring a timely trial and the number of pre-trial detentions, an issue that impacts prison overcrowding. We urge reforms to improve the efficiency and timeliness of the judicial system and thus increase public confidence. -- The United States welcomes the Polish Government promotion of a Polish-Jewish dialogue as well as the Government's cooperation with ODIHR in the preparation of new educational material to combat anti-Semitism, and encourage the Government to ensure its incorporation into the national curriculum. STATE 00078227 017.2 OF 017 -- We urge greater outreach to Roma communities in order to provide more effective assistance for Roma economic and social integration. -------------- YEREVAN -------------- ¶22. (SBU) Points for Embassy Yerevan: -- The United States notes its concern over the continued detention of twenty opposition activists for their political activities during 2008 presidential election, who were not covered by a recent amnesty. We urge the Government to take steps to release these individuals. -- The effective rule of law requires accountability for the ten deaths that occurred as a result of post-election violence in March 2008, and we urge progress in this regard. A welcome step in this direction would be the release of information gathered on the post-election violence, including reports prepared by the recently disbanded fact-finding group of experts. -- We urge that you strengthen freedom of assembly by minimizing refusals on permits to assemble. -- There have been several recent violent attacks against journalists. We urge that you strengthen media freedom and reduce impunity and a climate of fear by investigating and effectively prosecuting these attacks. -- In order to enhance freedom of expression and strengthen fulfillment of OSCE commitments and other international obligations, we urge the Government to license independent media outlets (including A1 plus) in advance of the 2012 switch to digital transmissions. -- We remain concerned that any new legislation on religion should comply with OSCE and international standards. CLINTON