INSTRUCTIONS FOR UNIVERSAL PERIODIC REVIEW SESSIONS

UNCLAS STATE 009032 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: KDEM PHUM SUBJECT: INSTRUCTIONS FOR UNIVERSAL PERIODIC REVIEW SESSIONS ¶1. (U) Summary: This cable is an action request for Mission Geneva to share U.S. views and suggested questions and recommendations for the upcoming UN Human Rights Council's (HRC) Fourth Universal Periodic Review (UPR) Session, to be held February 2-13. The HRC's Fourth UPR session will include a review of the human rights records of sixteen countries. Please see paragraphs 4-18 END SUMMARY. ACTION REQUEST -------------- -------------- ¶2. (SBU) Mission Geneva is instructed to share with like-minded allies the text of the statements, questions and recommendations in paragraphs 4-18, and urge that countries consider asking these or similar questions of countries during the appropriate UPR sessions. [Note: questions on Bangladesh will be forthcoming. End Note] ¶3. (SBU) Mission Geneva is requested to emphasize questions on Russia, China, Saudi Arabia, and Cuba, due to concern with human rights records in these four countries as presented in paragraphs 4-18. QUESTIONS AND RECOMMENDATIONS -------------- -------------- ¶4. (SBU) Russia * The Russian President recently signed into law changes to the Constitution extending presidential and parliamentary periods of service, and limiting the rights of citizens to trial by jury. As a result, jury trials for certain serious offenses, including treason, espionage, terrorism, and hostage-taking have been eliminated. The government has also proposed legislation which would expand the definition of treason to include "activity against the security of the Russian Federation, including its constitutional order, sovereignty, territorial and state integrity." In light of public opposition to these changes, including from the Public Chamber, and the extremely broad and vague definitional scope of that criminal offense, please explain how these changes are: a) indicative of the public will and thus the government's accountability to its citizens; and b) consistent with the Russian constitution. In addition, how would the proposed definition of treason remain compatible with international criminal law related to due process or to freedoms of assembly, association and expression? --Recommendation: We are pleased that President Medvedev has requested the draft legislation be redrafted and recommend the Russian government consider the drawbacks to moving forward with the proposed legislation to expand the definition of treason as it would represent an institutional setback to rule of law and democratic development, improperly expand the scope of criminal liability by virtue of the law's vagueness and overbreadth. * Journalists and Human Rights Defenders in Russia, in particular those trying to uncover corruption, malfeasance, and other crimes, continue to function under the threat of retaliation (including death) in trying to uncover corruption, malfeasance, and crimes. How is the Government of Russia ensuring freedom of expression in Russia? What steps are being taken to ensure journalists are not subject to administrative, legal or other harassment, and to put a stop to violence against journalists? How does the Government of Russia plan to actively investigate, prosecute and punish those who are mounting these attacks on the freedom of speech? --Recommendation: We recommend the Russian government move expeditiously and transparently according to due process on unresolved past murders of journalists, such as Anna Politkovskaya, and Paul Klebnikov as well as the recent murders of human rights lawyer Stanislav Markelov and journalist Anastasiya Baburova and to take positive steps to reassure journalists and civil society that they may pursue their peaceful activities without fear of retaliation. * What is the Government of Russia doing to ensure that alleged abuses in the separatist regions of South Ossetia and Abkhazia in Georgia currently under its control are being prevented, investigated, and/or prosecuted? What plans does the Government of Russia have to allow international monitors to investigate the alleged abuses? --Recommendation: We recommend that international monitors be given full access to the conflict areas, including Abkhazia and South Ossetia, to enable a fuller picture of the situation and investigate alleged abuses by all parties, to monitor the ceasefire agreement, safeguard the people, and facilitate the safety and voluntary return of IDPs. We further recommend that Russia stop blocking access to South Ossetia and Abkhazia for the observers. ¶5. (SBU) China Statement: We welcomed China's making permanent in October the temporary liberalized rules for foreign journalists reporting in the lead-up to and during the Olympic Games. We look forward to seeing China's National Action Plan on Human Rights, which China announced would be issued in 2009. We trust that the plan will represent a sincere effort by China's leaders to implement constructive solutions to address the topics under discussion today. * What is the Chinese government doing to ensure that all legal and administrative proceedings against persons alleged to have participated in violent acts during the spring 2008 protests in Tibetan areas of China are conducted in a manner that is both transparent and consistent with Chinese law and international human rights norms? Why have such proceedings remained closed to international observers? --Recommendation: We recommend that China provide a full accounting of the status of persons detained in connection with the protests and of all legal and administrative proceedings that have taken place to date, and conduct the ongoing and future proceedings in an open and transparent way that is consistent with international norms. * China's State Secrets Law is very broad and it is often unclear what actions it covers. In addition, actions can be designated in violation of the State Secrets Law retroactively. Is China considering taking steps to clarify and narrow the scope of its State Secrets Law as recommended by the UN Working Group on Arbitrary Detention? --Recommendation: We recommend China clarify and narrow the scope of the State Secrets law and end retroactive provisions of that law. * China has never provided a full accounting of those killed or missing as a result of the violent suppression of the Tiananmen demonstrations in 1989. Will China provide these numbers now that the twentieth anniversary of those events is approaching? How many Chinese citizens are still in prison for Tiananmen related activities? --Recommendation: We recommend that China provide a full accounting of those killed, missing or imprisoned as a result of the events at Tiananmen and release all those still imprisoned for non-violent Tiananmen related activities. * At the conclusion of the Special Rapporteur on Torture's visit to China, Mr. Nowak made numerous recommendations. What actions have been taken to implement those recommendations? --Recommendation: We recommend China provide a report to the Special Rapporteur on the implementation status of his recommendations. * What is the Chinese government doing to make it easier for independent religious believers to express and practice their religious beliefs freely and without state interference? Specifically, when will religious groups that are unaffiliated with one of the state-sanctioned Patriotic Religious Associations be permitted to register and obtain legal status independently? --Recommendation: We recommend that China allow all religious believers freedom to express and practice their faiths as they choose and permit unaffiliated religious groups a clear, transparent, and fair process for registering and obtaining legal status. * China signed the International Covenant on Civil and Political Rights in 1998 and at the time indicated that it would ratify the covenant "soon." Ten years have now passed. What does China consider to be the major obstacles to the Covenant's ratification and when does China think they may be overcome? Is there a timetable for ratification? --Recommendation: We recommend that China ratify the ICCPR as soon as possible or outline what the specific reasons are for not doing so. * What is the Chinese government doing to ensure the right to freedom of expression for domestic journalists, editors, and Internet bloggers who can face harassment, detention, and charges of subversion of state power or other crimes against national security if they freely express their political views or expose societal problems the government deems "sensitive." --Recommendation: We recommend that China end harassment of journalists and internet bloggers. * What measures is the PRC taking to address the problem of forced labor, particularly in the brick kiln sector, and to prevent future problems? --Recommendation: We recommend that China adopt an open and transparent code of labor that conforms to international norms and practices. ¶6. (SBU) Saudi Arabia * Given the major judicial reform initiative announced in October 2007, what steps is Saudi Arabia taking to ensure that all citizens are provided equal access to justice? --Recommendation: We recommend that Saudi Arabia set up a public defender / legal aid mechanism that provides free legal counsel to all capital defendants, juveniles, and others in need, such as women, foreigners, and the indigent; write a penal code to accompany the criminal procedure code; and set a minimum age of criminal responsibility. * What steps is the SAG taking to improve women's rights in the country? --Recommendation: We recommend that Saudi Arabia pass a law specifically outlawing domestic violence and criminalizing any reprisal against women for reporting cases of domestic abuse or rape; launch a domestic violence public awareness campaign and strengthen the ability of HRC and NSHR to field complaints and respond to cases; issue decrees ending the need for a male legal guardian's written consent before an adult woman can work in the government or private sectors; end by decree consent for a woman's unaccompanied domestic and international travel; and, consider allowing women the right to run for municipal office and vote in municipal elections. * What steps is Saudi Arabia taking to build on the King's successful interfaith dialogue initiative to promote greater tolerance and respect for other religions inside the Kingdom? --Recommendation: We recommend that Saudi Arabia take steps to end discrimination in employment through review of government employment in Shia-majority areas; include steps to end discrimination in the judiciary as part of King Abdullah's 2007 judicial reform initiative; end harassment of individuals for privately or publicly worshipping; and permit all personal religious materials to enter the country. * What steps is the SAG taking to ensure better protection of foreign workers' rights, particularly the enforcement of criminal laws against those who abuse foreign domestic workers? --Recommendation: We recommend ending the sponsorship system; including migrant domestic workers under the labor law; and, creating specialized labor courts with language services and expedited trials to provide better access to justice. * What steps is the SAG taking to allow local and international human rights organizations the ability to operate within the country? --Recommendation: We recommend passage of an NGO law that provides the basis for local NGOs to legally operate; issuance of a standing invitation to UN Special Rapporteurs; and Allowing international human rights groups to visit the country. * What specific policy changes have been implemented over the past several years to ensure that detainees and prisoners are not subject to torture and physical abuse in prisons? --Recommendation: We recommend implementing written, public standards prohibiting torture and physical abuse by all law enforcement representatives in all prisons and conducting anti-torture and human rights training among all branches of the security forces. * What recent legislation or other policy changes have been implemented to ensure that bloggers, journalists, and other authors of online content are protected for their peaceful expression of views? --Recommendation: We recommend enacting a law protecting freedom of expression via the Internet and refraining from arresting persons who post items critical of the government on Internet websites. * How has/how will the SAG deal with incidences of violence and discrimination based on accusations of "witchcraft"? -- Recommendation: We recommend eliminating laws criminalizing witchcraft and sorcery. ¶7. (SBU) Cuba * The Government of Cuba announced in December 2007 that it would sign, ratify and implement the International Covenant on Civil and Political Rights as well as the International Covenant on Economic, Social, and Cultural Rights by January 2009. What plans does the Government have to ratify those treaties? In the interim, what steps has the Government of Cuba taken to meet its obligations under those two covenants? Why does the GOC continue to punish persons disseminating the U.N. Declaration on Human Rights? Does the GOC intend to allow its citizens to know, discuss and disseminate the tenets of the Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as well as the U.N. Declaration on Human Rights? What explanation can the GOC provide for forbidding its citizens to be aware of, read, discuss or distribute U.N. human rights documents in particular those human rights documents to which the Government of Cuba has announced it will become a party? Can Cuba state for the record the penalty for distribution or possession of copies of the Universal Declaration of Human Rights? What happens to Cuban citizens detained while in possession of such human rights documents? Can the GOC produce police records and employment history of individuals detained over the past five years for possession of such documents? --Recommendation: We recommend the Cuban government demonstrate its commitment to human rights by implementing the agreements that they have made and ensuring that the human rights of its citizens are respected. We also recommend that the U.N. coordinate with Cuban civil society and the Cuban Government to assist in the development and implementation of domestic human rights policy. * According to Amnesty International, Cuban authorities are holding 62 prisoners of conscience; international press and other credible NGOs put the figure at 210. What explanation can the GOC give for holding any prisoners of conscience? Has the GOC considered granting amnesty to the persons imprisoned in the 2003 crackdown on journalists known as the "Black Spring"? --Recommendation: We recommend that the Cuban government immediately and unconditionally release all prisoners of conscience. * Amnesty International also cited continuing problems with arbitrary detention and the jailing of dissidents on the basis of laws against "social dangerousness." In 2004, the U.N. Commission on Human Rights (UNCHR) and the Inter-American Commission on Human Rights (IACHR) reported that judicial proceedings for persons detained under that charge are summary and unfair. What safeguards, if any, have been put in place by the Cuban government since 2004 to ensure that Cuban citizens are afforded fair trials consistent with international standards and that those imprisoned unfairly are unconditionally released? What precisely constitutes "dangerousness" in Cuban law and how can the everyday citizen know in advance of his or her vulnerability to the charge? What compensation does the Cuban Government give to those persons wrongly charged with "dangerousness" and subsequently released, if there are any instances of such? --Recommendation: We recommend that the Cuban government immediately review the cases of more than 5,000 persons imprisoned for "dangerousness" and release all persons imprisoned for disagreeing with their government. We recommend that Cuba end the practice of incarcerating or otherwise harassing Cuban citizens of "dangerousness" through arbitrary arrest. * There were multiple reports that Cuban authorities impeded Cuban citizens from meeting together for peaceful purposes, including by detaining or jailing dozens of individuals who intended to participate in commemorations of the adopting of the Universal Declaration of Human Rights. What is the Cuban Government doing to ensure compliance with freedom of assembly? --Recommendation: We recommend that the Cuban government respect the basic rights of its citizens and return to them the freedoms they have been denied and to which the Government of Cuba subscribed when becoming a signatory of the various human right s documents under discussion today. * News reports also recently indicated that Cuban authorities banned Cuban citizens from meeting together to discuss Internet blogging. Can the GOC explain why it took extraordinary measures to prevent its citizens from communicating on that topic and what criteria it uses to control communication among Cubans and between Cubans and the rest of the world on the Internet and how that practice complies with international human rights? What plans does the GOC have to make Internet use and access easier for Cuban citizens, and protect freedom of expression on the Internet? --Recommendation: We recommend that the Cuban government respect the basic rights of its citizens and allow them freedom to communicate and receive information without governmental interference. ¶8. (SBU) Mexico * In January 2008, the Secretariat of Defense (SEDENA) created the General Directorate for Human Rights to promote greater respect for human rights and to address complaints by public entities and international organizations. Despite these efforts, reports of human rights abuses by military force members continue and Mexico's military provides little information about efforts to prosecute these abuses. In July 2008, the National Commission for Human Rights (CNDH) made eight recommendations to SEDENA specifically regarding human rights violations (wrongful deaths) committed by military personnel that SEDENA had acknowledged and was investigating. What efforts has the GOM undertaken to prosecute past abuses both in the terms of dismissals and convictions? What is the GOM doing to prevent abuses by military personnel in the future? --Recommendation: We recommend that the GOM seriously consider the CNDH's recommendations and enforce due process and appropriate action. The GOM should publicly respond to all recommendations to promote transparency and accountability. All violations committed by military personnel or any other federal employees should be fully investigated and prosecuted as appropriate. Reports of the outcome of these proceedings should be made public, again to promote transparency and accountability. * The GOM has issued statements supporting freedom of the press and freedom of information and in 2006 established a Special Prosecutor for Crimes against Journalists. Nevertheless, in 2008, at least six journalists were killed and three disappeared; separately, a television station was attacked just several weeks ago. Many reporters, particularly from outside of Mexico City, covering the various organized criminal organizations and associated corrupt public officials acknowledge practicing self-censorship out of fear of retaliation. How many prosecutions and convictions has the Special Prosecutor for Crimes against Journalists produced since his office was created in 2006 and why hasn't it produced more? What is the GOM doing to protect journalists and dissipate the climate of fear contributing to self-censorship in the media? --Recommendation: We recommend that the GOM expedite the ongoing investigations into crimes against journalists, enforce due process, and ensure that the perpetrators are held accountable. We encourage the GOM to publicly denounce and repudiate all violence and intimidation against journalists and provide them with protection as appropriate so that media owners, editors and journalists can safely exercise their freedom of expression as established under the constitution. * Mexican federal law had already established that "no confession or information obtained by torture may be cited as evidence." In June 2008, President Calderon signed justice reform legislation that inter alia denies probative value to any confession not made directly before a judge. Nevertheless, human rights organizations are concerned that "torture remains a systematic, generalized, and unpunished practice. According to CNDH, torture complaints have increased from four in 2007 to twenty-one in 2008. How many investigations has the GOM opened on cases of torture and what have been the results in terms of convictions and sentences. What steps is the GOM taking to ensure that torture is no longer used to extract signed confessions? --Recommendation: We recommend that the GOM investigate and prosecute all cases of torture guaranteeing the fair administration of justice. The GOM should continue to implement preventive measures against torture. Training in the Istanbul Protocol (which contains guidance on investigating and documenting torture) should be mandatory for all security forces, all government officials, state employees and detention center employees. We also recommend that the GOM promote a safe environment for victims to denounce violators and serve as witnesses in subsequent legal proceedings without intimidation or retaliation. ¶9. (SBU) Djibouti * Despite recent improvements, Djibouti's human rights record remains poor. Human rights groups have cited the following problems, insufficient political pluralism, arbitrary arrest and detention, harsh prison conditions, executive branch influence on the judiciary, corruption, interference with privacy rights, and restrictions on freedom of the press, assembly, and association. What steps is the Government of Djibouti taking to address systematic abuses? --Recommendation: We recommend that the government further build the capacity of the Office of the Ombudsperson to enable the government to more effectively address its chronic human rights abuses. * Djibouti held legislative elections in early 2008, and is scheduled to hold a presidential election in 2011. Opposition parties boycotted the 2008 legislative elections, as well as the last presidential election in ¶2005. What steps is the government taking to promote multi-party democracy and to strengthen popular governance? What is the status of the government's decentralization plan, launched in 2006? --Recommendation: We recommend that the government form a permanent national electoral commission, and continue transferring selected responsibilities and resources from the central government to regional and local community leaders. * In 2007, the government of Djibouti halted publication of the opposition newspaper Le Renouveau, and there are currently no opposition newspapers publishing in Djibouti. How is the government of Djibouti currently working with journalists, press associations, and other nongovernmental organizations to ensure robust freedom of speech and of the press in Djibouti? --Recommendation: We recommend that the government of Djibouti work with journalists and civil society to open space for a diverse range of voices in public debate. * In late 2007, the government of Djibouti promulgated a new comprehensive anti-trafficking in persons (TIP) law. What steps has the government taken to implement this law so that it effectively punishes traffickers, protects victims, and prevents trafficking crimes? -- Recommendation: We recommend that the government of Djibouti devote high-level attention and resources to implementing the new anti trafficking in persons law. Law enforcement officers, justice system officials, and social work personnel should receive training in how to detect and prosecute traffickers, prevent trafficking, and protect and rehabilitate victims. The government of Djibouti should collaborate closely with nongovernmental organizations and civil society to provide needed services to victims. * What programs and policies has the government of Djibouti put into place to fight corruption in the public sector? How has the government supported the work and independence of the Chamber of Public Accounts and Fiscal Discipline and the State Inspectorate General? --Recommendation: We recommend that the government of Djibouti ensure that auditing institutions have sufficient resources, independence, and political backing to carry out their responsibilities effectively. * What steps has the government of Djibouti taken to halt the practice of female genital mutilitation? --Recommendation: We recommend that the government of Djibouti continue its aggressive public education campaign against female genital mutilation. ¶10. (SBU) Mauritius Comment: We commend the Government of Cameroon on increasing anti-corruption efforts as part of Operation Epervier. We particularly note the increased arrests of high-profile ministry officials in March 2008. * The government has made significant strides in reforming the judiciary, and addressing the rights and protections of women and children; however, little progress has been made in the security force's treatment of suspects and detainees. What is the government doing to improve the training of security forces in the handling of suspects and detainees? Is the government seeking to prosecute those individuals? --Recommendation: We recommend that the government further add a human rights component to the training of its security forces to more effectively address its chronic human rights abuses. ¶11. Canada * What steps is Canada taking to resolve the outstanding backlog of aboriginal land claims? --Recommendation: We recommend that through the June 2008 legislation to create land claim tribunals, the government expedite the processing of land claims cases. * What efforts is Canada making to ensure that federal and provincial human rights legislation does not limit freedom of expression and opinion for writers, authors, and journalists? --Recommendation: We recommend that Canada's federal government should review its human rights legislation with a view to creating clearer, stricter, and more consistent criteria for accepting complaints. This federal criteria could be adapted as a model for provincial and territorial governments to modify their separate legislations. * What steps is Canada taking to better coordinate anti- trafficking law enforcement efforts among national, provincial, and state authorities? Trafficking cases are currently prosecuted on the provincial level, but appear unconnected to a broader national strategy to fight human trafficking. --Recommendation: We recommend that Canada should develop a national anti-trafficking action plan that would apply at the federal provincial and territorial level? * Similarly, what is Canada doing to step up prosecutions of the large number of Canadians reportedly engaging in child sex tourism abroad? --Recommendation: We recommend that the government more aggressively undertake prosecutions of child sex tourism cases involving Canadians both in Canada and abroad. ¶11. (SBU) Malaysia * The People's Volunteer Corps (RELA) is a civilian corps that conducts raids and detains suspected illegal immigrants. In 2005, the government empowered RELA to bear arms, stop and demand documents, and arrest and enter a premise without warrant, if they have reasonable belief that any person is a terrorist, undesirable person, or illegal immigrant. Reported abuses by members of RELA included rape, beatings, extortion, theft, pilfering homes, destroying UNHCR and other status documents, and pillaging refugee settlements. Has the government prosecuted or disciplined RELA members who have committed human rights abuses? How does the government exercise control over this force? --Recommendation: We recommend prosecuting and disciplining RELA members who have committed human rights abuses and institute a training regime for RELA. * Over the past year, there were numerous credible reports of Malaysian immigration officials' involvement of the trafficking of Burmese refugees at the Malaysia-Thai border. What is the government doing to protect this vulnerable population, ensure that UNHCR has proper access to them, and prosecute those officials found complicit in this scheme? --Recommendation: We recommend accession to the 1967 Protocol Related to the Status of Refugees. Honor the right to seek and enjoy asylum enshrined in Article 14 of the Universal Declaration of Human Rights. Allow UNHCR proper access to this population, including those unregistered asylum-seekers in detention. Establish a system for providing protection to refugees. Provide protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened. Conduct a full investigation of this situation, and prosecute government officers who are complicit in the trafficking of Burmese refugees. Conduct capacity building activities to help implement the new anti-trafficking law. ¶12. (SBU) Cameroon * Context for Mission Geneva only: Presidential elections are slated for 2011 and the question remains about whether President Biya will run for a third term. (Biya has served as President since 1982, but his election in multiparty elections in 1997 and 2004 count as his first and second terms under the current constitution.) Parliament passed a bill in 2008 to remove presidential term limits. On December 30, 2008, President Biya created an Election Commission (ELECAM),which was intended to be independent, but which has been stacked with officials of the ruling party and does not include any prominent members of civil society. How does President Biya intend to gain credibility for his newly created Elections Commission when the media and the general public view it as inherently biased towards the ruling Cameroon People's Democratic Movement (CPDM) party? --Recommendation: We recommend that in a manner consistent with the rule of law, reassess ELECAM 's composition and consider expanding membership to include members of civil society and/or the political opposition. Underscore commitment to ELECAM's independence and impartiality. * Context for Mission Geneva only: Despite having implemented a new penal code and making some progress, Cameroon's judicial system still does not protect basic rights and freedoms. Arbitrary arrest, long detention periods, and prison overcrowding remain problems. Unofficial statistics show that prison overcrowding-which has resulted in scores of deaths-could be substantially reduced by allowing individuals to exercise their rights to bail pending trial. How is the GRC ensuring due process for those accused of committing a crime? --Recommendation: We recommend that the government should allow individuals to exercise their rights to bail pending trial. Not only will this reduce overcrowding in prisons, which has contributed to the deaths of inmates, allowing the exercise of this basic right will increase confidence in the Cameroonian judicial system. ¶13. (SBU) Nigeria * President Yar'Adua identified the crisis in the Niger Delta as one of the top priorities for his administration. Since the creation of the Ministry of the Niger Delta in September 2008, what steps has the Nigerian government taken to reach out to diverse stakeholders to create an inclusive process for resolving the conflict? What has the government done to address allegations of state- or local level government involvement in the kidnapping of national and expatriate oil workers and general impunity for human rights abuses? -- Recommendation: We recommend that the Yar'Adua administration's plan of action to implement the recommendations of the Electoral Reform Committee (submitted to President Yar'Adua in December 2008 ) be explicated well in advance of the 2011 national elections. -- Recommendation: We recommend that the Yar'adua administration's plan of action to implement the recommendations of the Electoral Reform Committee (submitted to President Yar'Adua in December 2008 ) be explicated well in advance of the 2011 national elections. ¶14. (SBU) Senegal * Last year the National Assembly and the Senate jointly amended the constitution to allow retroactive prosecution of genocide and crimes against humanity, and passed a law introducing new provisions in the Code of Criminal Procedure to define all the requirements for such prosecutions. These legal provisions lifted the last obstacles to the prosecution of former Chadian dictator Hissene Habre (who has lived in exile in Senegal for 19 years) on charges of torture and crimes against humanity. Authorities also appointed judges to investigate the Habre case. Despite these developments, the government announced in mid- October that Habre's prosecution could not take place without international donor funding. What additional plans does the Government of Senegal have to ensure that a fair and transparent Habre trial is not delayed further, given its obligation under the Convention Against Torture and the 2006 AU request for Habre's prosecution? --Recommendation: We recommend that the Government continue to actively engage with the international community on developing a strategy for allocating appropriate resources for Habre's prosecutions, and a strategic plan outlining remaining steps/benchmarks needed for the launch of a trial. * During the past 2 years, Senegalese journalists have worked under increased harassment and threats of retaliation from officials and security forces over articles and statements criticizing the government or uncovering corruption. How is the Government of Senegal ensuring freedom of speech and press is protected in Senegal? What steps are being taken to ensure journalists are not subject to administrative, legal or other harassment? How does the Government plan to actively investigate, prosecute and punish those who have threatened/attacked freedoms of speech and press? --Recommendation: We recommend that the Government of Senegal work with journalists and journalist associations as a means of opening dialog regarding protection of press freedom. In addition, the Government should actively investigate and take concrete, punitive actions against security force members and government officials who openly threaten or physically attack journalists. ¶15. (SBU) Jordan * In September, the King of Jordan signed the Law of Associations, restricting the activities of NGOs (Law of Associations) in Jordan. In light of these restrictions, how is the Government of Jordan strengthening civil society? (Background: The Parliament passed the NGO law (Law of Associations) in July, and the King signed it in September. The law's regulations restrict NGO activities, including by, inter alia, making registration overly complicated; providing the relevant Minister excessive discretion to dissolve any society; requiring all societies to request permission from a relevant minister before accepting any contribution, grant or funding from non-Jordanian persons; allowing the relevant Minister to dissolve the Board of Directors of any society based on certain criteria; allowing the Minister inappropriate authority over operation of the societies; requiring disclosure of organizations' members' names; establishing eligibility requirements for founding and board members of a society; providing the authority to the Minister and the Council of Ministers to prevent any person from joining a society; and providing additional limitations on foreign organizations.) --Recommendation: Civil society leaders sent a prioritized list of amendments to the recent regressive NGO law to Parliament on October 31st. This new NGO law, which passed by Parliament in July and the King in September, has the potential to restrict NGO activities. We recommend the Government of Jordan take measures to urge Parliament amend the law and grant civil society organizations greater freedom and independence from government oversight. * Honor crimes and domestic violence continue to be pervasive problems in the Kingdom. What is the Government of Jordan doing to revise laws that allow for lenient punishment for "crimes of passion?" --Recommendation: Honor crimes and domestic violence continue to be pervasive problems in the Kingdom. We recommend revising the laws to mandate harsher punishments for so-called "crimes of passion." * The new press law mandates crippling fines to journalists convicted of libel. How is the Government of Jordan expanding freedom of the media? --Recommendation: The new press law mandates crippling fines to journalists convicted of libel. The criminal code allows for jail time and lays down prison sentences in cases of "defamation," "insulting religious belief," and "promoting material stirring up sectarianism or racism." The U.S. recommends that Jordan reform its laws in order to decriminalize press offences and guarantee journalists greater freedom of expression. ¶16. (SBU) Bangladesh - questions forthcoming. ¶17. (SBU) Germany * Germany remains a transit and destination country for men and women trafficked for the purposes of commercial sexual exploitation, and, to a lesser extent, forced labor. In addition to women trafficked internally, victims also come into the country from Eastern Europe, Asia and Africa. What measures is the government taking to address this continuing problem? --Recommendation: We recommend that the government continue its cooperation with civil society and anti-trafficking groups, and ensure that law enforcement officials are trained to recognize trafficking victims and respond appropriately. * There are continued reports that minorities and non-ethnic Germans face societal discrimination and harassment. The same is true for asylum-seekers and other vulnerable immigrant groups. In 2007 alone, Germany's Federal Office for the Protection of the Constitution recorded 17,176 "politically motivated crimes" against minorities and immigrants. What measures is the government taking to address the continuing problems of right-wing extremism and societal discrimination? --Recommendation: We recommend that the government continue to support programs aimed at countering right-wing extremism and xenophobia, continue to carefully monitor the activities of extremist groups, and respond quickly and appropriately when hate crimes occur. * The Government made positive efforts to improve the integration of Muslims and other minorities into society, investigated and prosecuted criminal behavior by extremists directed at religious groups, and promoted tolerance education. Nonetheless, important religious freedom concerns remained with regard to the organization of Islamic instruction in schools; social and governmental (federal and state) treatment of certain religious minorities, notably Scientologists, Jehovah's Witnesses, and Muslims; and bans in certain states on the wearing of headscarves by female Muslim teachers in public schools. What is the federal government doing to promote the equal treatment of religious groups and to enforce court decisions that protect the rights of minority religious groups, such as Scientologists, Jehovah's Witnesses, and Muslims, in some states? --Recommendation: We recommend that the government demonstrate its commitment to protecting religious freedom for all religious groups, including those that are unpopular with some groups in society. All "sect" filters and discriminatory language against Scientologists and other minority religious groups should be eliminated from government-sponsored websites and published materials. ¶18. (SBU) Azerbaijan * On December 30, Azerbaijan decided not to renew the FM radio broadcasting licenses of Radio Liberty, Voice of America, and the BBC, effective as of January 1. What is the government doing to allow the immediate resumption of broadcasting on FM radio by Radio Liberty, Voice of America, and the BBC? -- Recommendation: We recommend that the government immediately allow broadcasts by all international broadcasting entities, including Radio Liberty, Voice of America, and BBC, consistent with its undertakings under Article 19(2) of the International Covenant on Civil and Political Rights, pending completion of negotiations to find a long-term solution to this issue. * Azerbaijan has scheduled a constitutional referendum for March 18 that would eliminate presidential term limits among other things. There have been reports that the authorities have interfered in the process of citizens gathering petitions in order to establish advocacy committees to participate in the debate on the referendum. There also have been reports from several regions that citizens who signed the opposition's signature sheets are being pressured into taking back their support. What is the government doing to foster an unfettered and open debate on the March constitutional referendum and to make clear that all Azerbaijanis must be allowed to participate in the debate? --Recommendation: We recommend that the government adopt a policy of zero tolerance for harassment or pressure on those seeking to participate in a debate on the constitutional referendum, regardless of their views on the proposed amendments. It is important that the government make clear that all Azerbaijanis must be allowed to participate in this debate. CLINTON