OSCE WEEKLY HIGHLIGHTS: SEPTEMBER 28 - OCTOBER 9,2009

C O N F I D E N T I A L SECTION 01 OF 07 USOSCE 000225

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E.O. 12958: DECL: 10/16/2019
TAGS: MARR OSCE PGOV PREL GG RU
SUBJECT: OSCE WEEKLY HIGHLIGHTS: SEPTEMBER 28 - OCTOBER 9,2009

Classified By: Charge d'Affaires Carol Fuller for Reasons 1.4(B)&(D)

European Security: Avoiding a Dual Track


1. (C) In a meeting with Charge Fuller at NATO HQ October 2,
NATO international staff led by Deputy A/SYG Bob Simmons
advised that NATO allies have agreed to postpone discussion
of the Medvedev proposal of European Security Architecture
until the conclusion of initial OSCE Corfu Process (CP)
discussions at the Athens Ministerial in December. Simmons
cautioned however that Russian Ambassador to NATO Rogosin is
increasingly pushing the idea of a treaty and allies might
want to deal with the issue after Athens. The "worst
nightmare" would be a dual track: ongoing CP discussions at
OSCE and treaty discussions in NATO. During recent
NATO-OSCE staff talks, the OSCE Secretariat reportedly
expressed concern about a "disconnect" between the CP and the
NATO Strategic Concept. Simmons cautioned that NATO
countries "need to make more of an effort to pursue NATO
interests in the OSCE, injecting Brussels ideas into the CP"
and thereby deflecting Russian attempts to weaken the OSCE.

NATO A/SYG on Kazakhstan as OSCE CiO


2. (C) Based on meetings held recently by the NATO SYG in
Kazakhstan, Simmons expressed the view that the recent change
of Ministers of Defense bodes well for coordination with the
OSCE, as the Deputy MOD for Cooperation General Bulat Sabinov
- whom the US and other allies have found to be a good
interlocutor on Iraq - will probably travel regularly to
Vienna for FSC meetings. Also based on the SYG's
consultations, he opined that FM Saudabayev may well leave
Deputy FM Zhigalov to handle the detailed OSCE CiO work, but
Zhigalov is still "surprisingly uninformed" on OSCE issues,
including recent developments in the Minsk Group process on
Nagorno Karabakh, and repeats the Russian assertion that
Georgian President Sakaashvili will no longer be president
within a year. Finally, he confirmed, as we previously
learned, that Kazakhstan plans to appoint the current Kazakh
head of the Shanghai Cooperation Organization as Personal
Representative of the CiO on Conflicts and that he will begin
to work with current PR Christopoulos only in November.

EU Council/Commission Observations on OSCE


3. (C) During Charge Fuller's Brussels consultations with
EU Council and Commission officials October 1-2, Carl
Hallegard, senior adviser to EU High Representative for CFSP
Solana, told her that "saving" the OSCE from Russian attempts
to undermine it is the "big issue." Asserting that the OSCE
is more important than it was in the past, he urged the US
and OSCE partners to "push Russia hard" in the Corfu Process
and call Russia's bluff) "there is enough in the OSCE as a
whole for them to stay in it." On Georgia, he lamented that
they are "more combative than is good for them" and that they
focus too much on scoring political points. He was dismayed
that Georgia might not permit the Vienna-based OSCE roving
teams to travel routinely to Tskinvali and Tbilisi in
accordance with a framework agreement that OSCE Special
Representative on Conflicts Christopoulos is trying to
develop and present to the Geneva Co-Chairs. He emphasized
the importance of continued involvement by the international
community. On Serbia and Kosovo, he noted that the EU deals
with crises there every day and would welcome stronger US
involvement in the OSCE mission in Kosovo. EU Commission
staff were less positive about the OSCE, however, with
several officials expressing concern at what they see as some
duplication between the Council of Europe and the OSCE. They

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were unhappy that the OSCE had been blocked from sending
human rights monitors to South Ossetia, whereas the CoE Human
Rights Representative had "no problem" in getting access to
both Abkhazia and South Ossetia. On Electoral Observation
Missions (EOM),they noted that if the OSCE "can't perform"
its regular functions, the EC may have to rethink its
gentlemen's agreement not to send EU EOMs to OSCE countries.

Greek Special Rep Christopoulos forges "light" agreement on
OSCE presence in Georgia


4. (C) In an October 5 meeting, Greek Special Representative
Christopoulos briefed ChargQ Carol Fuller on his recent trip
to Tbilisi and Tskhinvali. The Georgians objected to his
discussing with the South Ossetians a framework for roving
OSCE teams from Vienna to Tbilisi and Tskhinvali, fearing
this would allow the Russians and South Ossetians to claim
the problem was over. Instead, Christopoulos negotiated a
lighter "footprint" that was agreed to by both sides. He
will visit both areas with another CPC representative before
and after each IPRM session, in order to prepare the meeting,
attend the IPRM on behalf of the OSCE, and ensure adequate
follow-up to the topics discussed. The total time frame for
each visit would be approximately one week. Christopoulos
believes this is an OSCE foot in the door which will allow
him to slowly build greater understanding and flexibility on
the participation and the purposes of the visit; i.e., not
necessarily led by him nor always linked to IPRM meetings.
The OSCE representative would then also have the flexibility
to visit the region as necessary in the larger framework of
the Geneva talks. In addition, Christopoulos convinced the
South Ossetians to convene the special group on missing
persons, outside the IPRM. He confirmed that the Geneva
Co-Chairs will travel to Moscow October 12-13 and to the
region October 19-20. The latter visit will provide an
opportunity to work on a non-use of force agreement in
advance of the next round of Geneva talks. Christopoulos
asked that we encourage the Georgians to be supportive of
this new concept, as well as a joint study of water access
and provision of natural gas to Akhalgori. With respect to
the growing need for transition to a Kazakhstan Special
Representative, Christopoulos expressed concern that the
purported candidate (current head of the Shanghai Cooperation
Organization) will not be available until the end of November
and noted that he has offered to travel to Kazakhstan to
brief him.

Candidates for OSCE Representative on Freedom of the Media
(RFOM)

5.(SBU) Seven nominations were presented by the October 8
deadline to replace Hungarian Miklos Harazsti for this
important and highly visible OSCE position in March 2010:
Dr. Mikhail A. Fedotov (Russia - also a candidate in 2004);
Ms. Aleksandra Joksimovic (Serbia); Ms. Dunja Mijatovic
(BiH); Dr. Rubina Mohring (Austria); Mr. Oleg Panfilov
(Georgia); Mr. Ognian Vesselinov Zlatev (Bulgaria); and Mr.
Stephen Whittle, OBE (UK). Privately, Harazsti told Charge
Fuller that four of the seven have the necessary experience
and profile - BiH, Georgia, Bulgaria, and the UK - but that
the best candidate in his view is the Bosnian. The Mission
has gotten very high recommendations for her from other
quarters as well, whereas even the UK ambassador has
indicated his government may not push their candidate -
former head of the BBC who has questioned whether he would
even have to move to Vienna or work full-time - too hard.

Kazakhstan ambassador on OSCE CiO Issues

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6. (C) During a meeting with Charge Fuller this morning,
Kazakh ambassador Kairat Abdrakmanov spoke in glowing terms
of the French president Sarkhozy's support of a
Kazakh-organized OSCE Summit - which he believes now will
definitely happen in 2010. The Charge once again cautioned
that this would depend on there being something substantive
to discuss, and that it can't be Medvedev's proposal for a
European Security Treaty. Abdraklmanov also said that
Kazakhstan will definitely push the issue of energy security
during their chairmanship and organize a series of events.
He said they want to avoid politicization of the issue and
would like to see OSCE shape a security approach. They have
asked the Secretariat to "do its homework" on energy security
issues that are relevant to the OSCE. He was pleased with
USOSCE's stated cross-dimensional approach to a ministerial
decision that ranges from threats to critical infrastructure
and contingency planning for the cut-off of supply to
transparency/corruption/border control issues. He also took
on board the fact that our funding of the CEIP event in
February (being organized by the ATU with assistance from
Slvanovic's OCEEA) could be a "deliverable" for the Kazakh
chairmanship on energy security. He said the Russians, too,
are interested in the topic.

OSCE Conference Explores Security and Climate Change link,
OSCE Role


7. (U) The Greek Chairmanship and the Romanian Foreign
Ministry hosted the conference "Security Implications of
Climate Change in the OSCE Region" on Oct 5-6 in Bucharest.
The conference, with 120 registered attendees, drew
participation from 30 OSCE participating states, the EC,
UNECE, European Environment Agency, and about 10 NGO, civil
society or academic entities. Presenters generally expressed
views that environmental changes linked to climate change
could exacerbate existing tensions or, in extreme cases,
potentially generate conflict. The presentations covered a
range of issues including human security, induced migration,
water, arable land, infrastructure, and the need to
incorporate "climate-proofing" in planning and construction.
U.S. Department of State VCI/CCA representatives gave a
presentation on the Open Skies Treaty and potential
applications of Open Skies imagery to climate change and
other environmental issues. Numerous participants, including
the Romanian MFA keynote speaker (Secretary of State for
Strategic Affairs),OSCE Secretary General, Greek CiO, and
the EU, expressed views that the OSCE should have a role in
identifying and mitigating climate-change tensions. USOSCE
reiterated USG positions on climate change and called for a
careful, deliberate approach to look for a niche where the
OSCE could avoid redundancy and add value. Spain announced
that it is partially funding a 1/4 360K extra-budgetary
project with the objective of inventorying potential
climate-change related security issues in the OSCE region,
developing scenarios, providing early warning, and
recommending mitigating measures, and urged other PS to
contribute.

Prospects for Ministerial Decision on Security and Climate
Change


8. (SBU) Representatives of the Greek delegation told USOSCE
on Oct 5 that they are still looking for ways to get the RF
to join consensus on a potential Ministerial Council decision
(MCD) on Security and Climate Change. The current Greek plan,
elaborated in their closing statement in Bucharest on Oct 6,
is to propose a MCD on "abrupt environmental change" that

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will likely focus on early warning and prediction, inventory
of potential vulnerabilities, and scenario setting. Their
hope is that avoiding reference to an OSCE role in addressing
climate change may open the possibility of the RF joining
consensus. In an Oct 8 meeting delegates from EU/Sweden,
Spain, and the EC told Poloff that they view this as a
priority issue where the OSCE can be of utility and that it
should take it on in order to stay relevant. They say they
plan to make every effort to persuade the RF on the issue,
and think that the U.S. position, including whether or not we
are willing to join them in lobbying the RF, could prove
decisive.

HDIM Opening Session


9. (SBU) The 2009 OSCE Human Dimension Implementation Meeting
(HDIM) kicked off in Warsaw, Poland on September 28. At the
opening Plenary Session speakers stressed the importance of
the human dimension in European security. In contrast to the
generalities of the other plenary speakers, the U.S.
statement focused on specific concerns and cases, including
jailed Kazakhstan human rights activist Yevgeniy Zhovtis.
During the Kazakhstan opening statement, protesters stood
silently near the speaker, wearing t-shirts with a picture of
Zhovtis and the slogan "We Call for a Fair Trial to Zhovtis."
Outside of the official sessions, Head of Delegation Haltzel
and USOSCE CDA Fuller had bilateral meetings with Special
Representative Haraszti on media freedom and OSCE SYG de
Brichambaut. The highlight of the day was when a Kazakhstani
delegate at the side event on the independence of
Kazakhstan's judiciary accepted a Zhovtis t-shirt from
protesters.

Working Session I, Rule of Law - Kazakhstan gets Pummeled;
Russia Questions U.S. Human Rights Commitments


10. (SBU) During the first Working Session on September 28,
at least 12 different human rights organizations, many from
Kazakhstan, lambasted the Rule of Law commitments of the
Government of Kazakhstan. While there were also other
interventions concerning the Rule of Law records of countries
such as Azerbaijan, the most striking were allegations by the
Russian Federation concerning the human rights record of the
U.S. The Russian delegation questioned the right of the U.S.
to be a human rights standard bearer given our record of
unspecified torture cases, Guantanamo, and other unnamed
human rights violations. The U.S countered by noting that no
one, including the U.S, is immune from scrutiny, but reserved
a right of reply pending receipt of specific cases referred
to in the Russian statement. Russia has yet to provide us
with further information on its allegations.

Kornblum Stresses Value of Maintaining Dialogue on European
Security


11. (SBU) Approximately 60 delegates attended the U.S.-hosted
side event on European Security, held September 29. Guest
speaker former Ambassador Kornblum set out the historical
context of the current discussions on European security,
drawing parallels between the security situation in the late
1960s and early 1970s with that of today. Kornblum noted
similarities between the 1954 Soviet proposal for a
collective security treaty and Medvedev's 2008 proposal on a
European security treaty, and stated his belief that any
attempt to legalize the OSCE's political commitments would
kill the organization. Kornblum countered the Dutch
Ambassador's usual sales pitch for adoption of the
convention on legal personality by saying that the 1993 Rome

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Ministerial Council already agreed to give the OSCE legal
personality under the domestic legislation of each pS. The
proposed convention is therefore not only unnecessary but
potentially harmful due to its links to a Charter. He does
not believe that new architecture or structures are needed,
but what is required is a better understanding of how to
apply the tools we have. A Russian representative praised
Kornblum's presentation as one of the most interesting he
has attended in recent years. He noted that he did not agree
with all of Kornblum's statements, but he chose to rebut
only one - namely that Medvedev was not strongly pushing for
a treaty on European security. After the meeting, many
participants privately thanked USDel members for the
initiative shown in hosting such an event and for expressing
points that would have been "too political" for Vienna-based
delegations.

Freedoms of Assembly, Association, and Movement and the Role
of Civil Society in Promoting Human Rights


12. (SBU) Working Session 3 presented a large roster of
speakers - 52 interventions, plus 7 rights of reply - who
touched broadly on challenges to human rights defenders in
the OSCE region, as well as specific concerns on the freedoms
of assembly, association and movement. Introducer Souhayr
Belhassen of the International Federation of Human Rights
office in France called on participants to observe a moment
of silence at the opening of the session in honor of slain
human rights activist Natalia Estemirova. Picking up on this
theme, the U.S. speaker reiterated a call for justice in this
and other cases of murdered civil society activists, and
given the limited time available, cited two examples from our
submitted statement representing opposite ends of the
spectrum*Turkmenistan's persistent violation of freedom of
association in its failure to register any opposition
political parties, versus Hungary's improved efforts this
summer to protect Gay Pride marchers from violent attacks
(with a call for other states to protect freedom of assembly
for similar events). The moderator curtailed approximately
four speakers for veering off topic (including two apparently
pro-government Kazakh NGOs who praised a litany of loosely
related steps by the Kazakh authorities),but otherwise
facilitated NGO interventions that ranged from registration
concerns for civil society groups in Belarus, political
parties in Kazakhstan, Turkmenistan, and Uzbekistan and
minority cultural associations in Greece; attacks on
protesters and curbs on free assembly in Georgia and Armenia;
jailed human rights defenders in a number of States; and
constraints on freedom of movement in the occupied regions of
Georgia and northern Kosovo.

Session XII: Freedom of expression, free media and
information


13. (SBU) The first of two half-day plenary sessions on Media
Freedom marked the final HDIM appearance of Miklos Haraszti
(Representative on Media Freedom) before his retirement in
March 2010. Speakers said the situation of media freedom in
the OSCE has not improved markedly - and has even moved
backwards in some areas. Haraszti identified the growing
concentration of media ownership into the hands of large
monopolies as one of the most pressing problems facing the
OSCE. He also discussed the state of the Internet's lack of
ethical standards; the lack of pluralism in the media; the
criminalization of libel and insult; and massive fines
designed to put media outlets out of business as serious
issues requiring attention. Throughout his intervention,
Haraszti cited examples from many countries but repeatedly

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criticized the Russian Federation and Kazakhstan for their
serious problems. In his closing remarks, he blasted
Kazakhstan for its failure to live up to its commitments on
media freedom and for passing a draconian law on the
Internet. Haraszti also identified the admirable goal of
wanting to limit terrorism as all too often serving as an
improper basis for laws designed to curb free speech. In
close to 30 NGO interventions, repeated speakers singled out
the Russian Federation for the air of impunity which prevails
there given limited number of arrests or convictions after
attacks on journalists. The Moscow Journal for Human Rights
said more than 200 journalists have been killed (most shot to
death) in Russia since 1992. Like Haraszti, many NGOs
singled out Kazakhstan and said the upcoming Kazakh Chair in
Office of the OSCE was a mistake that is already compromising
the OSCE in the eyes of the world. The Kazakhstani cases of
Yesergepov and Zhovtis featured in many of these statements,
along with complaints about the new Internet law.
Yesergepov's spouse delivered a strong appeal for aid to her
husband. Columnist Anne Applebaum (and wife of the Polish
Foreign Minister) spoke as a special guest of the USG.

Challenging Intolerance against Muslims: Building
Partnerships and Countering Ignorance


14. (SBU) ODIHR, with the U.S. and the Spanish delegations,
co-sponsored this side-event October 5. CiO Special
Representative for Countering Intolerance and Discrimination
against Muslims, Adil Akmetov, was introducer for the well
attended event. Speakers included Kareem Shora, National
Executive Director, Arab-American Anti-Discrimination
Committee, (sponsored by the USG),and Gema Martin Munoz,
Director, Case Arabe, (sponsored by Spain). Kareem noted
that sponsorship of an event on intolerance against Muslims
by the USG at the HDIM signaled a policy change by the Obama
Administration. He then presented an overview of his
organizationQ,s law enforcement programs on Muslim awareness,
sponsored by ODIHR, (which he called "Arab/Muslim 101"),
which are based on previously developed anti-Semitism
programs. He said the most systemic problems faced by Muslim
NGOs are a lack of civil society capacity and reliable
partners. ODIHR voiced its readiness to partner with civil
society actors in this regard. Gema followed by presenting
an overview her organizationQ,s activities (also sponsored by
ODIHR),including the publishing of a Muslim reference guide
called, "Muslims in Spain." In addition to interventions
confirming the need for capacity building and strong partners
for civil society organizations regarding Muslim awareness,
two attendees said television programming (i.e., soap operas
such as "Little Mosque on the Prairie") is much more
effective in countering ignorance of Muslims than diversity
training.

Closing Reinforced Plenary Session: The Last Word


15. Participating States used the HDIM 2009 closing plenary
to stress their positions on implementation of OSCE human
dimension commitments as well as OSCE Institutions and
activities.
- Sweden/EU urged the OSCE to follow-up on the report done
last year by ODIHR and the HCNM on human rights in the South
Ossetia and Abkhazia regions of Georgia, and raised concerns
about continued violations of human rights in Turkmenistan.
The EU also raised harassment of human rights defenders and
urged that Kazakhstan, as incoming CiO, ensure that OSCE
human dimension events remain open to NGOs.

- Russia attacked the U.S, urging that the "numerous" cases

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of torture and abuse be investigated, that the detention
facility at Guantanamo be closed, and that the U.S. not
repeat such violations in Afghanistan. Under the upcoming
Kazakhstani Chairmanship, the OSCE should be able to
"reconsider traditional approaches," and ensure that human
rights not be undermined by "explosive democratization." The
OSCE should focus on the Corfu Process as the way to stop
degradation of respect for human rights in the OSCE area.

- Belarus proposed that the HDIM focus only on certain
issues, such as TIP and Tolerance, and that only positive
experiences and best practices be discussed.

- Kazakhstan said that the large number of Kazakhstani NGOs
at the HDIM demonstrated the development and openness of
society there. Noting concerns raised about ensuring
continued NGO participation in OSCE events, Kazakhstan
countered that it was unfortunate that there was a dwindling
number of NGOs from "west of Vienna." Kazakhstan reiterated
its commitment to the common goal of implementation of OSCE
commitments, and said its National Action Plan on Human
Rights, presented at the HDIM, demonstrates the intent to do
so.

- The United States announced the awarding of the Nobel Peace
Prize to President Obama, sending a buzz through the room -
and particularly through the Kazakhstani delegation - which
took quite a while to calm down. A/S Posner stressed that
the U.S. approach consists of engagement, universality, and
telling the truth, and encouraged Kazakhstan to show
leadership by example and ensure that OSCE meetings remain
fully open to NGOs.

- ODIHR Director Lenarcic announced that the HDIM had a
record participation this year, including a record number of
NGOs. This year 496 individuals representing 383 NGOs
participated; in 2008 438 individuals representing 332 NGOs
participated.

Fuller