NETHERLANDS/HUMAN RIGHTS: VIEWS ON DURBAN, HRC

C O N F I D E N T I A L THE HAGUE 000134 SIPDIS E.O. 12958: DECL: 02/23/2019 TAGS: PHUM PREL NL UN SUBJECT: NETHERLANDS/HUMAN RIGHTS: VIEWS ON DURBAN, HRC REF: A. SECSTATE 14204 ¶B. COPENHAGEN 93 ¶C. 08 THE HAGUE 514 Classified By: Political-Economic Counselor Andrew C. Mann for reasons 1.5(b,d) ¶1. (C) SUMMARY: The Dutch share U.S. concerns about the Durban Review Conference and see the U.S. approach as "decisive" for their future participation. The Dutch are also considering their future participation in the Human Rights Council and strongly encourage U.S. participation. END SUMMARY. SUPPORTING THE U.S. ON DURBAN -------------- ¶2. (C) Embassy delivered reftel A points to key Dutch contacts. Mr. Eran Nagan, in the Dutch MFA's human rights department, gave poloff a read-out of the Durban Review Conference February 16-19 working group meetings in Geneva. Nagan was pleasantly surprised to see the U.S. delegation in Geneva, the Netherlands is "very happy with the U.S. on board," and the U.S. approach will be "decisive" for the Netherlands. Nagan was not aware of any EU nations pleased with the Durban process so far, and the Netherlands is among the most skeptical nations, along with the UK and Denmark. The Netherlands is highly critical of the current Durban draft document given its unbalanced focus on Israel, limits on the freedom of expression, provisions on defamation of religion, and creation of a hierarchy for victims. Nagan was interested in U.S. views on whether it will be possible to reach a compromise on draft language -- the answer seems to be "no," in Nagan's view. At the same time, the Netherlands is open to alternatives and "last chance" efforts. Without a compromise, what is the next step -- an alternative draft or look at another forum to address the issue? Nagan did not expect FM Verhagen would want the Netherlands to be the lone nation to pull out of the Durban process. He was surprised to hear the Danes would pull out anytime soon (reftel B),as the Danish delegation appeared to signal a willingness to continue until April. Nagan expects to complete a report to FM Verhagen by the end of the week and welcomes Washington feedback. LOOKING FOR U.S. VIEWS ON HUMAN RIGHTS COUNCIL -------------- - ¶3. (C) Nagan noted that American counterparts in Geneva had bracketed references to the ICC, but not references to the HRC, during working group discussions in Geneva. His interpretation was that the U.S. is looking more favorably toward participation in the HRC. ¶4. (C) Ms. Angele Samura, also at the MFA human rights department, advised that the Dutch are assessing their own participation in the Human Rights Council. The primary consideration will be whether another EU state will seek a seat; the Dutch are approaching Belgium and Luxembourg. Given their two terms of HRC service, the Dutch would defer to a fellow EU member. In addition, the Dutch are disappointed with the HRC, and 2009 will be a "crucial year." In the past year, the HRC was not "living up to its expectations." It "continued down hill" with a focus on Israel with a simultaneous reduction of country-specific resolutions. The Universal Periodic Review was disappointing, with human rights violators congratulating each other on the prosecution of human rights defenders. In addition to efforts in the coming year, the Dutch will actively engage in the 2011 review of the HRC in an effort to improve it. ¶5. (C) Despite these disappointments, Samura said the Dutch strongly want the United States to rejoin. "Dialogue helps," strongly want the United States to rejoin. "Dialogue helps," and it would be unfortunate to abandon to discussion to states that don't support human rights. She recommended delivering news of a U.S. decision at the highest levels, to either the Foreign Minister or the MFA Secretary General. Samura added the Dutch heard from British diplomats that the "U.S. will decide sooner rather than later." GALLAGHER